(1) This section shall apply to building and structure maintenance for fire safety. The fire department providing fire protection service for the buildings and structures of a school district or of a local college district or for a charter school may inspect the buildings and structures when deemed necessary to ensure that they are maintained in accordance with the fire code adopted by the director of the division. If the local fire department does not perform the inspections authorized by this section, the division shall have the authority and duty to conduct the inspections.
The division is authorized to charge a fee for inspections conducted by the divisionto cover the actual, reasonable, and necessary costs of the inspections. The amount of the fee shall be determined by the director of the division by rule. In accordance with section 24-33.51213, the division shall enforce the fire code adopted by the director of the division.
A fire department that chooses to conduct fire code inspections pursuant to this section may refer notices of deficiencies to the division for evaluation or enforcement in accordance with section 24-33.5-1213. The division shall promulgate rules to establish procedures for fire departments to refer notices of deficiencies for evaluation or enforcement to the division.
Nothing in this section shall prohibit the fire department from correcting violationsthat pose an immediate threat to life safety. Nothing in this section shall prohibit the fire department from seeking enforcement action in a court of competent jurisdiction.
Source: L. 2009: Entire section added, (HB 09-1151), ch. 230, p. 1057, § 11, effective January 1, 2010.