Fire Code Enforcement in Colorado Public Schools, Colleges, and Universities - April 2006 - Government and Administrative Law

• Publication year: 2006
• Pages: 57
• Citation: Vol. 35 No. 4 Pg. 57

35 Colo.Law. 57 Colorado Lawyer 2006.

2006, April, Pg. 57. Fire Code Enforcement in Colorado Public Schools, Colleges, and Universities - April 2006 - Government and Administrative Law

The Colorado Lawyer
April 2006
Vol. 35, No. 4 [Page 57]

Articles
Government and Administrative Law
Fire Code Enforcement in Colorado Public Schools Colleges, and Universities
by Richard L. Shearer, Dino A. Ross

This column provides information to attorneys dealing with various state and federal administrative agencies, as well as attorneys representing public or private clients in the areas of municipal, county, and school or special district law.

Column Editors:

Carolynne C. White, of Brownstein Hyatt & Farber, P.C., (303) 223-1197, cwhite@bhf-law.com; Brad Bailey, Assistant City Attorney, City of Littleton - (303) 795-3725, bbailey@littletongov.org; Tiffanie Bleau, Denver, of Light, Harrington & Dawes, P.C. - (303) 298-1601, tbleau@lhdlaw.com

About The Authors:

This month's article was written by Richard L. Shearer, Denver, a partner with Ireland, Stapleton, Pryor & Pascoe, P.C., where he specializes in special districts, employment, and complex commercial litigation - (303) 623-2700, rshearer@irelandstapleton.com; and Dino A. Ross, Denver, a partner with Ireland, Stapleton, Pryor & Pascoe, P.C., where he specializes in special districts, employment, and litigation support - (303) 623-2700, dross@irelandstapleton.com.

This article examines the statutory authority of local fire departments to inspect and enforce fire code compliance in public schools, charter schools, junior colleges, and state colleges and universities.

Many school districts in Colorado have taken the position that local fire departments have no authority to enforce fire codes in their schools. For years, local fire departments operated under the misconception that only the Department of Labor could enforce the fire code that applies to public schools, charter schools, junior colleges, and state colleges and universities.

In 1996, the Colorado Court of Appeals resolved this conflict in the Adams County School District 12 case, which provides that fire protection districts have jurisdiction to enforce fire code compliance in schools or other facilities owned or operated by public schools. Nevertheless, many school districts still take the position that local fire departments have no right to enforce the applicable fire code in public schools or other school district facilities. This article is intended to assist legal counsel for local fire departments and school districts to better understand the role and authority local fire departments have in ensuring that school district buildings comply with the applicable fire code.

Statutory Authority of Local Fire Departments

The Colorado Legislature has empowered a number of local governments to provide fire protection and related emergency services to the citizens within their respective jurisdictions. These "local fire departments" not only differ in size and characteristics - which range from the extensive resources of a large municipal fire department to the limited resources available to many of the volunteer special district fire departments scattered across the state - but also in their authority to enforce the fire code, which is based on different statutory language establishing the scope and nature of their authority.

Boards of County Commissioners

A Board of County Commissioners:

has the power to adopt ordinances to provide minimum fire safety standards which shall be modeled upon those contained in the uniform fire code, including the table of contents, indices, appendices, and tables, as promulgated by the international conference of building officials, the international fire code institute, and the western fire chiefs association.(fn1)

A fire protection district or county improvement district providing fire protection services (discussed below) may propose fire code provisions for its jurisdiction that are different from the minimum fire safety standards adopted by the county.(fn2) However, the proposed fire code provisions are not effective unless they are approved by...