Current through Register Vol. 47, No. 5, March 10, 2024
6.6.1
Inspections
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.
6.6.2
Self-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."
6.6.3
Compliance 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.
6.6.4
Variance 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.