(1) (a) There is hereby created in the division a board of appeals, referred to in this section as the "board of appeals". The board of appeals shall consist of seven members appointed by the executive director.
The members of the board of appeals shall be persons who are qualified by experience and training to pass upon matters pertaining to building construction and shall include one representative nominated by each of the Colorado association of school boards, the Colorado association of school executives, the Colorado chapter of the international code council, the fire marshal's association of Colorado, the Colorado state fire chiefs' association, the rocky mountain chapter of the council for educational facilities planners international, and Colorado counties, incorporated, or from a successor to any of these organizations representing comparable interests.
The members of the board of appeals shall serve at the pleasure of the executivedirector. For the initial board, the executive director shall appoint one member for a one-year term, two members for two-year terms, and three members for three-year terms. Subsequent appointments shall be for three-year terms; except that an appointment to fill a vacancy on the board shall be for the remainder of the predecessor's term.
The members of the board of appeals shall not be compensated for their service onthe board and shall not be reimbursed for expenses.
The board of appeals shall adopt reasonable procedures for conducting its deliberations.
A board of education, the state charter school institute, a charter school, or a localdistrict college board of trustees may appeal to the board of appeals a final written decision of an entity that conducts a plan review or inspection pursuant to section 22-32-124 or 23-71-122 (1)(v), C.R.S. The appeal shall be filed with the division within thirty days after the date of the decision. The division shall specify the form on which an appeal shall be made and shall provide the form to a board of education, a charter school, the state charter school institute, or a local district college board of trustees upon request.
Upon receipt of an appeal, the division shall notify the chair of the board of appealsand schedule a hearing no more than fifteen days after the date on which the appeal was filed.
The board of appeals may review a final written decision by an inspecting entity thatis based on the provisions of the codes or standards adopted by the director of the division. The board shall not waive any requirement of the codes or standards. The board may recommend alternative materials as provided in the codes or standards. The final written decision of the board is final agency action for purposes of section 24-4-106.
In addition to hearing appeals as provided in this section, the board of appeals shalladvise the director in promulgating rules and enacting standards for the public school construction and inspection program.
This section only applies to matters related to school reviews and inspections.
Source: L. 2009: Entire section added, (HB 09-1151), ch. 230, p. 1058, § 11, effective January 1, 2010. L. 2012: (6) added, (HB 12-1268), ch. 234, p. 1033, § 13, effective July 1, 2013.