6 Colo. Code Regs. § 1010-6.6

Current through Register Vol. 47, No. 20, October 25, 2024

Section 6 CCR 1010-6.6 - Compliance Procedures

6.6.1Inspections

A. The Department shall conduct inspections to determine the condition of schools for the purpose of safeguarding the health of students, faculty and patrons of the school.

1. The Department shall be permitted to enter and inspect any school at any reasonable time to determine compliance with this regulation or to investigate unhealthy conditions or complaints.

2. All schools with laboratories, and/or engaging in industrial arts or hazardous vocational activities should be inspected a minimum of once per year. All other schools should be inspected a minimum of once per three years.

3. If a school is provided with water from a non-community water system, as defined in the Colorado Primary Drinking Water Regulations, 5 CCR 1002-11 the water supply system should be inspected at the frequency established by 5 CCR 1002-11.

4. School food service inspections shall be conducted at the frequency established in the Colorado Retail Food Establishment Rules and Regulations, 6 CCR 1010-2.

5. When an inspection of a school is conducted, it shall accurately reflect the sanitary conditions at the time of the inspection. Specific findings shall be recorded on an inspection report.

6. Upon completion of the inspection by the Department, a copy of the completed inspection report identifying existing violations shall be furnished to, and signed by, the school contact.

7. The completed and signed inspection report is a public document that shall be made available for public disclosure, according to law, to any person who requests it.

8. If during an inspection, or at any other time, it is determined by the Department that an imminent health hazard exists, the school shall immediately cease operations unless dismissal of the students would be detrimental to their well being or unless an alternative plan for operation has been approved by the Department. Operations shall not be resumed until authorized by the Department.

6.6.2Self-Certification

A. The Department may require schools to complete and submit a Self-Certification Checklist.

1. A Self-Certification Checklist completed, certified, and signed by an authorized school representative shall be considered equivalent to an on-site inspection performed by the Department.

2. Any school that receives a Self-Certification Checklist from the Department shall complete and return the checklist within the time specified in the instructions provided by the Department.

3. A self-certification checklist is deemed returned on the date it is received by the Department. The Department may provide an extension of time to complete and return a checklist upon request.

4. The Self-Certification Checklist shall contain a certification in substantially the following form, which must be signed by an authorized representative of the school:

a. "I, the undersigned school representative, certify that:

(1) I have personally examined and am familiar with the information contained in this submittal;

(2) The information contained in this submittal is to the best of my knowledge, true, accurate, and complete in all respects;

(3) I am fully authorized to make this certification on behalf of this facility; and

(4) I am aware that there are significant penalties including, but not limited to, possible fines for willfully submitting false, inaccurate, or incomplete information."

6.6.3Compliance Assurance

A. Where a school has violated any provision of the Rules and Regulations Governing Schools in the State of Colorado, the Department may issue a compliance advisory requiring the school take actions to correct regulatory deficiencies. A compliance advisory may require the school to design, redesign, install, modify, construct or reconstruct facilities or to take other such corrective action to eliminate any public health hazard.

B. All violations cited during an inspection shall be corrected as soon as possible, but in any event, by the date specified by the Department. Compliance advisories will be sent to the school contact, the Principal, and the District Superintendent.

C. Any school in receipt of a compliance advisory shall prepare and submit to the Department a Plan of Action detailing the corrective measures and timeframe required to rectify critical violations or other significant deficiencies noted during an inspection. Prior to implementation, the Plan of Action must be approved by the Department.

D. Unless provided with a written extension from the Department, a school's failure to complete and submit the Self-Certification Checklist to the Department may result in the issuance of a compliance advisory.

E. A school's failure to respond to a compliance advisory issued by the Department or to rectify critical violations of the Rules and Regulations Governing Schools in the State of Colorado may result in enforcement action including, but not limited to, public notification of unresolved critical violations and noncompliance with these rules and regulations.

F. Prior to the Department initiating enforcement action, an informal meeting may be scheduled by the Department with school officials and other interested persons. This meeting will be to discuss the violations and the reason(s) for noncompliance, and to agree on an appropriate and viable Plan of Action to achieve regulatory compliance.

G. A school contesting an enforcement action may request a hearing. Requests for such a hearing shall be filed in writing with the Department within 30 days after service of the action. Such requests shall state the grounds upon which the action is contested and state the amount of time the school estimates will be required for the hearing. Hearings on the enforcement action shall be held in accordance with applicable provisions of Article 4 of Title 24, C.R.S.

H. The Department shall have the power and duty to close a school and forbid the gathering of people therein to protect students, faculty, and patrons of the school from the cause of epidemic and communicable diseases or physical conditions, operations, or maintenance practices that pose an imminent health hazard.

6.6.4Variance Procedures

Schools may apply for a variance to these rules and regulations where the regulation is too stringently applied, the intent can be met in another way, or compliance is cost prohibitive or restrictive to curriculum.

Variance requests will be considered for general provisions of the rules and regulations provided public health is protected. Such variance requests shall include the name of the school, the applicable section of the regulation and the reason for the request and supporting information.

Variance requests will be considered to allow the use of prohibited chemicals and storage limitations on restricted chemicals provided the safety of students and faculty is assured. Such variance requests shall include the name of the school, chemical name (and associated SDS), and procedures for the management of the chemical, including procurement, storage, handling, disposal and spill response as well as the qualification of the person(s) responsible.

Requests will be reviewed by representatives of the Department. Decisions are final and will expire upon a change of circumstances, including changes in responsible personnel or the alleviation of the initial hardship.

6 CCR 1010-6.6

38 CR 06, March 25, 2015, effective 4/14/2015

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