5 Colo. Code Regs. § 1005-2-3.1

Current through Register Vol. 47, No. 11, June 10, 2024

Section 5 CCR 1005-2-3.1 - Standards for approval of permanent, temporary and mobile Evidential Breath Alcohol Testing (EBAT) facilities

3.1.1 Evidential Breath Alcohol Test(s) must be conducted only in facilities that have been approved by the Department.

3.1.2 Department standards for approval of EBAT facilities are specified in Part 3 of this rule.

3.1.3 EBAT facilities meeting the standards of performance as specified in Part 3 of this rule may be approved.

3.1.4 Onsite Inspections of permanent, temporary and mobile EBAT facilities must be performed prior to initial approval and once per calendar year thereafter by Department personnel.

3.1.4.1 Facility inspection reports will be sent by the Department to the facility within 15 days of the inspection date.

3.1.4.2 When deficiencies are cited in a facility inspection report, a plan of correction must be received by the Department for review and approval within 15 days of receipt of the facility inspection report by the agency.

3.1.5 Initial approval - permanent, temporary, and mobile EBAT facilities.

3.1.5.1 A facility representative must submit a written request to the Department for initial approval of an EBAT facility. The request will be in the form and manner required by the Department and must include:

3.1.5.1.1 Acknowledgement from the facility representative that the requirements found in Part 3 have been reviewed prior to requesting approval.

3.1.5.1.2 Documentation from a certified electrician verifying the power to the certified EBAT instrument is on its own dedicated power circuit.

3.1.5.1.3 Verification from the facility representative that a dedicated and active data and phone line are installed and available for communications by the certified EBAT instrument.

3.1.5.2 Upon receipt of the initial facility approval request, Department personnel will schedule an onsite inspection to verify compliance with the requirements found in Part 3 prior to approval.

3.1.6 The Department will perform an onsite inspection at an EBAT facility when any of the following occur:

3.1.6.1 The EBAT facility is seeking initial approval, or

3.1.6.2 The approved EBAT facility requests relocation of the certified EBAT instrument either temporarily or permanently within the facility, or

3.1.6.3 A new EBAT facility is being constructed that will house the certified EBAT instrument, or

3.1.6.4 A complaint is received by the Department that requires an onsite inspection to verify compliance.

5 CCR 1005-2-3.1

41 CR 04, February 25, 2018, effective 3/17/2018

42 CR 02, January 25, 2019, effective 2/14/2019