Date: 03/06/2006

Final
BILL SUMMARY for HB06-1158

HOUSE COMMITTEE ON BUSINESS AFFAIRS AND LABOR

Votes: View--> Action Taken:
Moved to refer House Bill 06-1158 to the CommitteePASS



01:38 PM -- House Bill 06-1158

Representative Weissmann, prime sponsor, presented House Bill 1158 concerning school safety inspections. He explained that the bill was heard in the Education Committee on February 7 where it was referred to the Business Affairs and Labor Committee. Representative Weissmann explained that the bill would transfer responsibility for inspecting public schools and junior colleges from the Department of Labor and Employment to the Department of Public Safety. He gave some examples of building and fire code violations that have occurred under the current system. There was committee discussion about the $25 fee that would be assessed under the bill to cover the costs for administering the certification of inspectors of plan reviews and construction inspections by the Division of Fire Safety.

01:46 PM -- Jay Earl, representing the Thompson School District, testified in opposition to the bill. He stated that the bill is ambiguous. Mr. Earl talked about the fiscal impact the bill would have on the school district. He responded to committee questions. Mr. Earl expressed his concern that there would be unintended consequences if the bill passes. In response to a question from the committee, the sponsor explained that it is his intent to allow the school boards to remain involved.

01:59 PM -- Tom Burris, representing Montezuma and Cortez Schools, testified in opposition to the bill. He stated that he is concerned about consistency if the bill passes.

02:03 PM -- Rob Webber, representing Adams 12 Five Star Schools, testified on the bill. He stated he is unclear of what the intent of the bill is. Mr. Webber expressed his concerns with the bill, adding that he would like the inspections to stay at the state level.

02:06 PM -- Lauren Kingsbery, representing the Colorado Association of School Boards, testified. She suggested that the State's current process be looked at first before it is moved to another agency. Ms. Kingsbery responded to committee questions.

02:18 PM

There was committee discussion about whether the bill allows the school board to have local jurisdiction.

02:19 PM -- Kevin Klein, representing the Colorado Fire Chief's Association, testified in support of the bill. He stated the reason the bill is necessary is due to construction problems that have been found in some buildings around the state. Mr. Klein explained that the bill only relates to new construction, additions, and remodels, and that older buildings will not be effected. He was asked why the program needs to be changed if there are no complaints. Mr. Klein responded that building codes are not presently being followed and that the state inspectors are not certified. Mr. Klein said that under the bill, buildings will be checked on an annual basis, thus improving the quality of the inspections. There was committee discussion about improving the current system rather than transferring it to a new agency.

02:40 PM -- Rob Geislinger, representing the Fire Marshals Association of Colorado, testified in support of the bill. He distributed a handout that illustrates school construction issues (Attachment A). He explained that under the current system, plans are reviewed prior to construction for compliance with fire and building codes, but that does not ensure the plans are followed. Mr. Geislinger talked about some of the issues identified in the handout in detail.

02:44 PM -- Dick Piper, Division of Oil and Public Safety, Department of Labor and Employment, responded to previous testimony. He explained how the current system works and the various inspections that are performed to see if the fire and building codes are followed. Mr. Piper explained that the school districts are required to have a final inspection done by the Health Department, along with electric and plumbing inspections, to verify that the fire protection section of the code was followed. He stated that if the building does not pass that final inspection, the department will not issue a certificate of occupancy. Mr. Piper talked about the current fee that is charged and stated that it is less than $1,500 and that the current inspection process requires about 1.5 full time employees (FTE).

02:48 PM

There was committee discussion about the current qualifications and certifications the department inspectors who complete the inspections and plan reviews must possess. There were committee questions pertaining to the number of inspections performed last year, and whether the department would benefit from additional resources, such as additional FTE. Mr. Piper estimated that there were approximately 140 on-site inspections done last year.

02:56 PM -- Paul Cook, Director of the Division of Fire Safety, testified on the bill. He discussed the Division of Fire Safety's authority and responded to a question about how the division would undertake the new workload required with passage of this bill.

03:01 PM -- Jason VonWeller, representing the International Code Council, testified on the bill indicating that his organization was not taking a position, rather he wanted to discuss the issues involved in the bill. He urged the committee to consider which system would provide the greatest level of safety and protection to the children.

03:06 PM

Representative Weissmann concluded his remarks about the bill.
BILL:HB06-1158
TIME: 03:07:07 PM
MOVED:McCluskey
MOTION:Moved to refer House Bill 06-1158 to the Committee on appropriations. The motion passed on an 8-5 vote.
SECONDED:Coleman
VOTE
Balmer
Yes
Borodkin
No
Butcher
Yes
Carroll M.
Yes
Coleman
Yes
Knoedler
No
Liston
No
McCluskey
Yes
Paccione
Yes
Penry
Yes
Welker
No
Cerbo
Yes
Marshall
No
Final YES: 8 NO: 5 EXC: 0 ABS: 0 FINAL ACTION: PASS