Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 22-0415.01 Jery Payne x2157
HOUSE BILL 22-1242
House Committees Senate Committees
Transportation & Local Government
A BILL FOR AN ACT
C
ONCERNING THE REGULATION OF STRUCTURES THAT ARE101
MANUFACTURED AT A LOCATION THAT IS NOT AT THE SITE102
WHERE THE STRUCTURE IS OCCUPIED .103
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
Current law regulates the manufacturers, sellers, and installers of
manufactured homes. This regulation includes requirements for the
installation of manufactured homes, contract and disclosure requirements,
and the registration, escrow, reimbursement, bonding, and inspections of
the manufacturers, installers, and sellers. In addition, the state housing
HOUSE SPONSORSHIP
Kipp and Exum,
SENATE SPONSORSHIP
Ginal and Hisey,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. board (board) sets standards for the proper manufacture and installation
of manufactured homes. The board consults with an advisory committee
when promulgating rules.
The bill adds tiny homes, which are typically manufactured, to this
regulation on substantially similar terms. This includes adding 2
representatives of the tiny home industry to the advisory committee. The
board is given the duty to regulate foundations for manufactured homes
and factory-built structures where no construction standards otherwise
exist.
In addition to adding tiny homes to these provisions, the bill
addresses tiny home regulation in the following manner:
! The board shall promulgate rules establishing specific
standards for tiny homes. When the national or
international standard is created, the board may use that
standard. The board may modify these standards as
necessary.
! The board shall establish standards for connecting a tiny
home to utilities, including water, sewer, natural gas, and
electricity;
! A local government may require the inspection of a tiny
home manufactured before July 1, 2023, if the tiny home is
not manufactured in accordance with the board's standards;
! A state electrical inspector or a local government may
approve the connection of a tiny home for electric utility
service if the tiny home is in compliance with applicable
codes and standards for connection for electric utility
service; and
! A state plumbing inspector or a local government may
approve the connection of a tiny home for water, gas, or
sewer utility service if the tiny home is in compliance with
applicable codes and standards for connection for water,
gas, or sewer utility service.
If a tiny home is approved for connection to utilities through the
process described above, the tiny home may be connected to the
appropriate utilities. Current law governing the connection to each utility
is amended to avoid conflicts with the process established in the bill.
Selling or installing a tiny home without complying with the bill
is declared a deceptive trade practice, which subjects a violator to
damages in a lawsuit, a class 1 misdemeanor, and civil penalties of:
! Up to $20,000 per violation;
! Up to $10,000 for violating a court order or injunction; and
! Up to $50,000 per violation if the victim is an elderly
person.
Current law regulates mobile home parks, including notice
requirements, lease termination limits and requirements, security deposit
HB22-1242
-2- regulations, entry fee prohibitions, antitrust prohibitions, selling fee
prohibitions, kickback prohibitions, retaliation prohibitions, regulation of
how and if park rules are established, a right of first refusal when the
owner wants to sell the mobile home park, a peaceful enjoyment right,
and remedy provisions. The bill includes tiny homes under these
provisions.
Current law exempts manufactured homes from sales and use tax.
The bill adds tiny homes to this exemption.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-32-3301, amend2
(1) introductory portion, (1)(b), (1)(c), (1)(d), (1)(e), (2)(b), (2)(c), (2)(d)3
and (3); and add (1)(f) and (2)(e) as follows:4
24-32-3301. Legislative declaration. (1) The general assembly5
hereby finds, determines, and declares that mobile homes, manufactured6
housing, and factory-built housing
STRUCTURES are important and7
effective ways to meet Colorado's affordable housing needs. The general8
assembly further finds and declares that, because of the housing crisis in9
Colorado, there is a need to promote the affordability and accessibility of10
new manufactured
HOMES and factory-built housing
STRUCTURES. The11
general assembly encourages local governments to enact ordinances and12
rules that effectively treat factory-built housing STRUCTURES certified13
through the state program and manufactured housing certified through the14
federal program the same as site-built homes. The general assembly15
further finds, determines, and declares that:16
(b) The comprehensive regulation of the installation of
MOBILE17
HOMES, manufactured homes, OR TINY HOMES to ensure safety,18
affordability, efficiency, and performance is a matter of statewide and19
local concern.20
(c) The protection of Colorado consumers who purchase21
HB22-1242-3- manufactured homes OR TINY HOMES from fraud and other unfair business1
practices is a matter of statewide concern and consumers can best be2
protected by:3
(I) Requiring registration of persons engaged in the business of4
selling manufactured homes
OR TINY HOMES;5
(II) Imposing escrow and bonding requirements upon persons6
engaged in the business of selling manufactured homes
OR TINY HOMES;7
and8
(III) Requiring persons engaged in the business of selling9
manufactured homes
OR TINY HOMES to include specified disclosures and10
provisions in any contract for the sale of a manufactured home
OR TINY11
HOME.12
(d) The imposition of registration requirements upon
THE sellers13
of manufactured homes
OR TINY HOMES by both the state and political14
subdivisions of the state would impose an undue burden upon
THE sellers15
of manufactured homes
OR TINY HOMES and discourage the sale of16
manufactured homes
OR TINY HOMES.17
(e) The registration, escrow and bonding, and contract18
requirements imposed on
THE sellers of manufactured homes OR TINY19
HOMES by this part 33 are exclusive, and no
A political subdivision of the20
state may SHALL NOT impose any additional registration, escrow and21
bonding, or contract requirements on the sellers.22
(f) T
HE REGULATION OF TINY HOMES IS NECESSARY TO PROTECT23
CONSUMER SAFETY AND KEEP TINY HOMES AS AN AFFORDABLE HOUSING24
ALTERNATIVE.25
(2) The general assembly further declares that in enacting this part26
33, it is the intent of the general assembly that the division establish,27
HB22-1242
-4- through the board, rules as it deems necessary to ensure:1
(b) Consumer safety in the purchase of manufactured homes
OR2
TINY HOMES;3
(c) The registration of manufactured home
installers and the4
creation of uniform standards for the installation of manufactured homes5
INSTALLATION on a statewide basis; and6
(d) The safety, affordability, and performance of hotels, motels,7
and multifamily structures in areas of the state where no construction8
standards for hotels, motels, and multifamily structures exist;
AND9
(e) T
HE SAFETY OF FOUNDATION SYSTEMS FOR TINY HOMES ,10
MANUFACTURED HOMES AND FACTORY -BUILT STRUCTURES IN AREAS OF11
THE STATE WHERE NO CONSTRUCTION STANDARDS FOR TINY HOMES ,12
MANUFACTURED HOMES , AND FACTORY-BUILT STRUCTURES EXIST.13
(3) The general assembly further declares that the factory-built14
structure programs
AND TINY HOME PROGRAMS administered and rules15
adopted pursuant to
UNDER this part 33 apply only to work performed in16
a factory or FACTORY-BUILT STRUCTURES AND TINY HOMES THAT ARE17
BUILT OFF SITE AND completed at a THE INSTALLATION site, using18
components shipped with the factory-built structure as reflected in the19
approved plans for the factory-built structure
OR TINY HOME.20
SECTION 2. In Colorado Revised Statutes, 24-32-3302, amend21
(3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and22
(33); and add (24.5), (26.5), (34), and (35) as follows:23
24-32-3302. Definitions. As used in this part 33, unless the24
context otherwise requires:25
(3) "Certificate of installation" means a certificate issued by the26
division for an installation of a manufactured home
that meets the27
HB22-1242
-5- requirements of COMPLIES WITH this part 33 AND RULES THAT THE BOARD1
ADOPTS UNDER THIS PART 33.2
(4) "Certified installer" means an installer of manufactured homes3
who OR TINY HOMES THAT:4
(a) Is registered with the division; and who5
(b) Has installed at least five manufactured homes
OR TINY HOMES6
in compliance with the manufacturer's instructions or standards created7
by the division pursuant to this part 33; and8
(c) Has been approved by the division for certified status.9
(6) "Defect" means any deviation in the performance,10
construction, components, or material of a manufactured home,
TINY11
HOME, OR FACTORY-BUILT STRUCTURE that renders the MANUFACTURED12
home,
TINY HOME, OR FACTORY-BUILT STRUCTURE or any part thereof
OF13
THE MANUFACTURED HOME , TINY HOME, OR FACTORY-BUILT STRUCTURE14
not fit for the ordinary use for which it was intended.15
(11) "Factory-built structure" means:16
(a) A factory-built nonresidential and STRUCTURE;17
(b) A factory-built residential buildings. STRUCTURE; AND18
(c) A
FACTORY-BUILT TINY HOME.19
(16) (a) "Installation" means the placement of a manufactured20
home
OR TINY HOME on a permanent or temporary foundation system.21
(b) "Installation" includes without limitation
supporting, blocking,22
leveling, securing, or anchoring the home and connecting multiple or23
expandable sections of the home.24
(17) "Installer" means any person who performs the installation25
of:26
(a) A manufactured home, which includes multifamily structures,27
HB22-1242
-6- for those with THE knowledge, experience, and skills to do so; OR1
(b) A
TINY HOME.2
(20) "Manufactured home" means any preconstructed building3
unit or combination of preconstructed building units or closed panel4
systems that:5
(a) Include
INCLUDES electrical, mechanical, or plumbing services6
that are fabricated, formed, or assembled at a location other than the site7
of the completed home;8
(d) Does not have motor power IS NOT SELF-PROPELLED; and9
(24.5) "M
OBILE HOME PARK" HAS THE MEANING SET FORTH IN10
SECTION 38-12-201.5 (6).11
(26) "Owner" means the owner of a manufactured home
OR TINY12
HOME.13
(26.5) "P
ERMANENT FOUNDATION " MEANS A STRUCTURE THAT IS14
DESIGNED OR INTENDED TO:15
(a) S
UPPORT A BUILDING FROM UNDERNEATH ;16
(b) K
EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;17
(c) P
REVENT THE BUILDING FROM MOVING ; AND18
(d) N
OT BE REMOVED FROM THE GROUND OR BUILDING .19
(29) "Purchaser" means the first person purchasing a20
manufactured home
OR TINY HOME IF EITHER IS PURCHASED in good faith21
for purposes other than resale.22
(30) "Quality assurance representative" means any state, firm,23
corporation, or other entity that proposes to conduct production reviews,24
evaluate a manufacturer's quality control procedures, and perform design25
evaluations. for factory-built structures.
26
(32.5) "Seller" means any person engaged in the business of27
HB22-1242
-7- selling manufactured homes to be installed in Colorado OR TINY HOMES1
TO BE OCCUPIED OR INSTALLED IN COLORADO.2
(33) "Site" means the entire tract, subdivision, or parcel of land on3
which manufactured homes
OR TINY HOMES are installed.4
(34) "T
EMPORARY FOUNDATION " MEANS A STRUCTURE THAT IS5
DESIGNED OR INTENDED TO:6
(a) S
UPPORT A BUILDING FROM UNDERNEATH ;7
(b) K
EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;8
(c) P
REVENT THE BUILDING FROM MOVING ; AND9
(d) B
E REMOVABLE FROM THE GROUND OR BUILDING .10
(35) (a) "T
INY HOME" MEANS A STRUCTURE THAT:11
(I) I
S PERMANENTLY CONSTRUCTED ON A VEHICLE CHASSIS ;12
(II) I
S DESIGNED FOR LONG-TERM RESIDENCY;13
(III) I
NCLUDES ELECTRICAL, MECHANICAL, OR PLUMBING SERVICES14
THAT ARE FABRICATED, FORMED, OR ASSEMBLED AT A LOCATION OTHER15
THAN THE SITE OF THE COMPLETED HOME ;16
(IV) I
S NOT SELF-PROPELLED; AND17
(V) H
AS A SQUARE FOOTAGE OF NOT MORE THAN FOUR HUNDRED18
SQUARE FEET.19
(b) "T
INY HOME" DOES NOT INCLUDE:20
(I) A
MANUFACTURED HOME ;21
(II) A
RECREATIONAL PARK TRAILER AS DEFINED IN SECTION22
24-32-902
(8);23
(III) A
RECREATIONAL VEHICLE AS DEFINED IN SECTION 24-32-90224
(9);25
(IV) A
SEMITRAILER AS DEFINED IN SECTION 42-1-102 (89); OR26
(V) A
N INTERMODAL SHIPPING CONTAINER .27
HB22-1242
-8- SECTION 3. In Colorado Revised Statutes, 24-32-3303, amend1
(1)(e) and (1)(f) as follows:2
24-32-3303. Division of housing - powers and duties - rules.3
(1) The division has the following powers and duties pursuant to this part4
33:5
(e) To enforce requirements concerning the installation of6
manufactured homes INSTALLATIONS, including the registration and7
certification status of installers;8
(f) To enforce requirements concerning the sale of
TINY HOMES9
AND OF manufactured homes, including the registration status of sellers;10
and11
SECTION 4. In Colorado Revised Statutes, 24-32-3304, amend12
(1)(d); and add (1)(f) and (1)(g) as follows:13
24-32-3304. State housing board - powers and duties - rules.14
(1) The board has the following powers and duties pursuant to this part15
33:16
(d) To promulgate rules establishing standards for the installation17
and setup of manufactured housing units; and
18
(f) T
O PROMULGATE RULES ESTABLISHING STANDARDS FOR TINY19
HOMES THAT COVER THE MANUFACTURE OF , ASSEMBLY OF, AND20
INSTALLATION OF TINY HOMES; AND21
(g) T
O PROMULGATE UNIFORM FOUNDATION CONSTRUCTION22
STANDARDS FOR FACTORY -BUILT STRUCTURES OR TINY HOMES IN THOSE23
AREAS OF THE STATE WHERE NO STANDARDS EXIST .24
SECTION 5. In Colorado Revised Statutes, 24-32-3305, amend25
(1) introductory portion, (1)(b), (1)(c), (2), and (3); and add (1)(e) and26
(1)(f) as follows:27
HB22-1242
-9- 24-32-3305. Rules - advisory committee - enforcement. (1) The1
board must SHALL promulgate rules as it deems necessary to ensure:2
(b) The safety of consumers purchasing manufactured homes
OR3
TINY HOMES;4
(c) The safety of manufactured home
installations; and5
(e) T
HE IMPLEMENTATION OF SECTIONS 24-32-3328 AND6
24-32-3329;
AND7
(f) T
HE SAFETY OF FOUNDATION SYSTEMS FOR MANUFACTURED8
HOMES, TINY HOMES, AND FACTORY-BUILT STRUCTURES IN AREAS OF THE9
STATE WHERE NO CONSTRUCTION STANDARDS FOR MANUFACTURED10
HOMES, TINY HOMES, AND FACTORY-BUILT STRUCTURES EXIST.11
(2) Rules promulgated by the board must include provisions12
imposing requirements reasonably consistent with recognized and13
accepted standards adopted by
THE ASTM INTERNATIONAL, the14
International Code Council, the National Fire Protection Association, and15
the Colorado state plumbing and electrical codes, or a combination16
thereof
OF THESE STANDARDS AND CODES , except to the extent that the17
board finds that the standards and codes are inconsistent with this part 33.18
All rules promulgated by The board must be adopted SHALL ADOPT RULES19
pursuant to article 4 of this title 24.20
(3) (a) The board must consult with and obtain the advice of an21
advisory committee on residential and nonresidential FACTORY-BUILT22
structures
AND TINY HOMES in the drafting and promulgation of rules. The23
committee consists of twelve
FOURTEEN members appointed by the24
division from the following professional and technical disciplines:25
(I) One from architecture;26
(II) One from structural engineering;27
HB22-1242
-10- (III) Three from building code enforcement;1
(IV) One from mechanical engineering or contracting;2
(V) One from electrical engineering or contracting;3
(VI) One from the plumbing industry;4
(VII) One from the construction design or producer industry;5
(VIII) Two from manufactured housing;6
(IX) T
WO FROM THE TINY HOME INDUSTRY ; and7
(X) One from organized labor.8
(b) Committee members shall be
ARE reimbursed for actual and9
necessary expenses incurred while engaged in official duties.10
SECTION 6. In Colorado Revised Statutes, 24-32-3306, amend11
(1) as follows:12
24-32-3306. Recognition of similar standards - compliance13
with standards. (1) If the division determines that standards for14
factory-built
STRUCTURES, TINY HOMES, or manufactured housing
HOMES15
prescribed by statute or rule of another state or by the United States16
department of housing and urban development are reasonably consistent17
with, or equal to, standards required by this part 33, it may provide by rule18
that factory-built
STRUCTURES, TINY HOMES, or manufactured housing
19
HOMES approved by the other state or by the department meets MEET the20
standards required by this part 33.21
SECTION 7. In Colorado Revised Statutes, 24-32-3307, amend22
(1) as follows:23
24-32-3307. Noncompliance with standards. (1) (a) The24
division may obtain injunctive relief from the appropriate A court OF25
COMPETENT JURISDICTION to enjoin the manufacture, sale, delivery, or26
installation of:27
HB22-1242
-11- (I) A factory-built housing STRUCTURE by filing an affidavit1
specifying the manner in which the housing FACTORY-BUILT STRUCTURE2
does not conform to the requirements of this part 33 or to rules3
promulgated pursuant to section 24-32-3305;
OR4
(II) A
TINY HOME BY FILING AN AFFIDAVIT SPECIFYING THE5
MANNER IN WHICH THE TINY HOME DOES NOT CONFORM TO THIS PART 336
OR TO RULES PROMULGATED UNDER SECTION 24-32-3305 (1)(e) OR7
24-32-3328.8
(b) The division may suspend the issuance of insignias of9
approval while injunctive relief is being sought.10
SECTION 8. In Colorado Revised Statutes, 24-32-3309, amend11
(1)(a) and (2) as follows:12
24-32-3309. Fees - building regulation fund - rules.13
(1) (a) (I) The board, by rule, must
SHALL establish a schedule of fees14
designed to pay all direct and indirect costs incurred by the division in15
carrying out and enforcing the provisions of this part 33; except that the16
amount of the registration fee for installers of manufactured homes is17
LIMITED TO the amount specified in section 24-32-3315 (5) and the18
amount of the registration fee for sellers of manufactured homes is19
LIMITED TO the amount specified in section 24-32-3323 (3).20
(II) Before establishing THE BOARD ESTABLISHES the schedule of21
fees, the division, must FOR THE BOARD'S CONSIDERATION, SHALL gather22
information regarding the fees charged by:23
(A) Colorado local governments for the inspection and24
certification of improvements to residential real property that are not25
manufactured homes
OR TINY HOMES; and26
(B) the fees charged by
Governmental entities outside of Colorado27
HB22-1242
-12- for the inspection and certification of manufactured homes for the board's1
consideration OR TINY HOMES.2
(III) The fees must be paid to the division and transmitted to the3
state treasurer, who must SHALL credit the fees to the building regulation4
fund, which fund is hereby created in the state treasury and referred to in5
this section as the "fund". T
HE STATE TREASURER SHALL CREDIT all6
interest derived from the deposit and investment of money in the fund7
must be credited
to the fund. Except as otherwise provided in subsection8
(2) of this section, at the end of any fiscal year, all unexpended and9
unencumbered money in the fund must remain REMAINS in the fund and10
must not be credited or transferred to the general fund or any other fund11
or used for any other purpose other than to offset the costs of12
implementing, and administering, and enforcing the provisions of this13
part 33.14
(2) In addition to being used to offset the costs of implementing15
and administering this part 33 as specified in subsection (1) of this16
section, money in the fund may be expended:17
(a) To provide education and training to manufacturers, sellers,18
installers, building department employees, elected officials, and, as19
appropriate, other persons affected by the mobile
HOME, manufactured20
HOME, TINY HOME, and factory-built structures
STRUCTURE industry21
regarding the building codes and state program requirements applicable22
to mobile
HOMES, manufactured HOMES, TINY HOMES, and factory-built23
structures within the state;24
(b) To provide consumer training throughout the state that will25
help a consumer make informed decisions when purchasing or26
considering the purchase of a mobile home, manufactured home,
TINY27
HB22-1242
-13- HOME, or factory-built structure; and1
(c) To provide education and grants that will help manufacturers,2
sellers, installers, owners, and, as appropriate, other parties affected by3
the mobile
HOME, manufactured HOME, TINY HOME, and factory-built4
structures
STRUCTURE industry address safety issues that affect mobile5
HOMES, manufactured HOMES, TINY HOMES, and factory-built structures.6
SECTION 9. In Colorado Revised Statutes, 24-32-3311, amend7
(1)(a.7), (4), and (6) as follows:8
24-32-3311. Certification of factory-built structures.9
(1) (a.7) (I) The division must SHALL conduct a full design and plan10
review and inspection of the construction of factory-built structures to the11
extent the design and construction relates to work performed off site or12
work that is completed onsite using components shipped with the13
factory-built structure AT THE INSTALLATION SITE as reflected in the14
approved plans for the factory-built structure. A local government may15
SHALL not duplicate efforts to review or approve the construction of a16
factory-built structure that is under review or approved by the division nor17
may SHALL it charge building permit fees to cover the cost of plan18
reviews or inspections performed by the division. A local government's19
jurisdiction is limited to work done onsite AT THE INSTALLATION SITE in20
compliance with section 24-32-3311 (6) SUBSECTION (6) OF THIS SECTION21
and includes associated plan review, permits, inspections, and fees.22
(II) The division may authorize a local government to inspect and23
approve work that is completed onsite using components shipped with the24
factory-built structure AT THE INSTALLATION SITE as reflected in the25
approved plans for the factory-built structure. A local government may26
charge inspection fees if authorized to assist the division to inspect and27
HB22-1242
-14- approve work ON A FACTORY-BUILT STRUCTURE that is completed onsite1
using components shipped with the factory-built structure AT THE2
INSTALLATION SITE as reflected in the approved plans for the factory-built3
structure.4
(4) A factory-built structure bearing an insignia of approval issued5
by the division and affixed by the division or an authorized quality6
assurance representative pursuant to this part 33 is deemed to be designed7
and constructed in compliance with the requirements of all codes and8
standards enacted or adopted by the state and accounting for any local9
government installation requirements adopted in compliance with sections10
24-32-3310 and 24-32-3318 that are applicable to the construction of11
factory-built structures, to the extent that the design and construction12
relates to work performed in a factory or work
ON A FACTORY-BUILT13
STRUCTURE that is completed at a
THE INSTALLATION site using14
components shipped with the factory-built structure as reflected in the15
approved plans for the factory-built structure. The determination by the16
division of the scope of such approval is final. An insignia of approval17
affixed to the factory-built structure does not expire unless the design and18
construction of the factory-built structure has been modified from19
approved plans.20
(6) All work at a THE INSTALLATION site that is unrelated to the21
installation of a factory-built structure or components shipped with22
UNRELATED TO COMPLETING CONSTRUCTION OF A FACTORY -BUILT23
STRUCTURE AT THE INSTALLATION SITE AS REFLECTED IN THE APPROVED24
PLANS FOR the factory-built structure, including additions, modifications,25
and repairs to a factory-built structure, are IS subject to applicable local26
government rules.27
HB22-1242
-15- SECTION 10. In Colorado Revised Statutes, repeal 24-32-33131
as follows:2
24-32-3313. Injunctive relief. The division may request the3
appropriate court to enjoin the sale or delivery of any factory-built4
structure upon an affidavit, specifying the manner in which the5
factory-built structure does not conform to the requirements of this part6
33 or the rules promulgated pursuant to this part 33. The division may7
suspend the authority of a manufacturer to affix insignias while injunctive8
relief is being sought.9
SECTION 11. In Colorado Revised Statutes, 24-32-3315, amend10
(1)(c), (3), and (4) introductory portion as follows:11
24-32-3315. Installers of manufactured homes and tiny homes12
- registration - fees - educational requirements - rules. (1) (c) (I) A13
homeowner who IS NOT REQUIRED TO REGISTER AS AN INSTALLER WITH14
THE DIVISION IF THE HOMEOWNER installs the owner's HOMEOWNER'S own15
manufactured home that is a one- or two-family dwelling
INTENDED FOR16
THE HOMEOWNER'S OWN PERSONAL USE OR A TINY HOME intended for their
17
THE HOMEOWNER'S own personal use, is not required to register as an18
installer with the division, but THE HOMEOWNER must comply with all19
provisions of this part 33 other than registration provisions. A homeowner20
is limited to the ONE installation of one manufactured home in any21
twelve-month period and a total of no more than five during their THE22
HOMEOWNER'S lifetime.23
(II) A homeowner installing their THE HOMEOWNER 'S own24
MANUFACTURED HOME OR TINY home is required to SHALL do their own25
THE installation work. If the homeowner has another person perform26
installation work, on their manufactured home, that person is required to27
HB22-1242
-16- MUST be a registered or certified installer.1
(3) An application A PERSON APPLYING for registration or2
certification as a manufactured home AN installer, whether AN initial or3
renewal
APPLICATION, must be submitted
SUBMIT THE APPLICATION on a4
form provided by the division and verified by a declaration dated and5
signed
BY THE APPLICANT under penalty of perjury. by the applicant.
The6
application must contain, in addition to any other information the division7
may reasonably require, the name, address,
E-MAIL ADDRESS, and8
telephone number of the applicant. The division shall make the9
application and declaration available for public inspection.10
(4) On and after July 1, 2008,
In order to be registered initially as11
a manufactured home AN installer, an applicant must:12
SECTION 12. In Colorado Revised Statutes, 24-32-3315.5,13
amend (1) introductory portion, (1)(a), and (1)(b) as follows:14
24-32-3315.5. Contract for the installation of manufactured15
homes and tiny homes - requirements. (1) A registered or certified16
installer must provide a contract for the installation of each manufactured17
home
OR TINY HOME and make the following disclosures in any contract18
for the installation of a manufactured home
OR TINY HOME:19
(a) That the installer has a letter of credit, certificate of deposit, or20
surety bond filed with the division for the performance of the installation;21
of the manufactured home;
22
(b) That an aggrieved person may file a complaint with the23
division concerning the performance of the installation, of the24
manufactured home, including making a claim against the letter of credit,25
certificate of deposit, or surety bond filed with the division; and26
SECTION 13. In Colorado Revised Statutes, 24-32-3316, amend27
HB22-1242
-17- (1) as follows:1
24-32-3316. Compliance with manufacturer's installation2
instructions. (1) Except as provided by subsection (2) or (3) of this3
section, any installation of a manufactured home in this state shall MUST4
be performed in strict accordance with the applicable manufacturer's5
installation instructions. A copy of the manufacturer's instructions or the6
standards promulgated by the division must be available at the time of7
installation and inspection.8
SECTION 14. In Colorado Revised Statutes, 24-32-3317, amend9
(1), (2), (2.3), (2.9), (3)(a) introductory portion, (3)(a)(II) introductory10
portion, (3)(a)(II)(C), (3)(b), (4), (5)(a) introductory portion, (5)(b), (6),11
(7), (8), (9), (10) introductory portion, and (10)(e) as follows:12
24-32-3317. Installation of manufactured homes and tiny13
homes - authorization - certificates - inspections - inspector14
qualification and education requirements - rules. (1) Before beginning15
the AN installation, of a manufactured home, the owner or registered16
installer of a manufactured home
OR TINY HOME must submit a request to17
the division and receive an installation authorization from the division on18
a division-approved form, unless the installation is occurring in a19
jurisdiction where a local government is participating as an independent20
contractor, in which case the owner or registered installer is to follow the21
local government's process for receiving authorization to install a22
manufactured home
OR TINY HOME.23
(2) The division may certify any installer who provides evidence24
of five or more installations of manufactured homes
OR TINY HOMES25
performed by the installer for which installation authorizations have26
previously been issued pursuant to
IN ACCORDANCE WITH this section27
HB22-1242
-18- when, in the judgment of the division, the installer has demonstrated the1
ability to successfully complete installations of manufactured homes in2
accordance with the requirements of this part 33.3
(2.3) An installer certified by the division is not required to obtain4
an installation authorization from the division, but
A CERTIFIED INSTALLER5
is required to obtain authorization to install a manufactured home
OR TINY6
HOME from any local government participating as an independent7
contractor. F
OR ANY INSTALLATION OCCURRING WITHIN THE JURISDICTION8
OF A LOCAL GOVERNMENT NOT PARTICIPATING AS AN INDEPENDENT9
CONTRACTOR, THE CERTIFIED INSTALLER, UPON COMPLETION OF THE10
INSTALLATION IN ACCORDANCE WITH THIS PART 33 AND BOARD RULES,11
SHALL AFFIX ON THE MANUFACTURED HOME OR TINY HOME an installation12
insignia issued by the division. is to be affixed on the manufactured home
13
by the certified installer upon completion of the installation of the14
manufactured home in accordance with the requirements of this part 3315
and board rules in any jurisdiction not participating as an independent16
contractor.17
(2.9) The division or
AN independent contractor at the request of18
the division may, at the division's sole discretion, inspect the
AN19
installation of any manufactured home performed by a certified installer20
pursuant to this subsection (2.9) and may require the certified installer to21
correct, within a period established by rule promulgated by the board, any22
defects or deficiencies in the installation. The division may revoke the23
certification of any installer certified pursuant to this subsection (2.9)24
when, in the judgment of the division, the installer has performed25
installations of a manufactured home AN INSTALLATION in violation of the26
requirements of this part 33 OR BOARD RULES ADOPTED UNDER THIS PART27
HB22-1242
-19- 33. Any installer whose certification has been so revoked may apply for1
recertification in accordance with rules promulgated by the division.2
(3) (a) The division may fine
A REGISTERED INSTALLER OR3
suspend or revoke the registration of a registered installer if the installer4
fails to:5
(II) Otherwise pay to the owner or occupant of a manufactured6
home
OR TINY HOME:7
(C) A refund of any money paid up front that did not result in a8
complete installation of the manufactured home
BY THE INSTALLER or the9
cost of completing THAT WAS USED TO PAY A DIFFERENT REGISTERED10
INSTALLER TO COMPLETE the installation. by a different registered11
installer.12
(b) (I) A financial institution or authorized insurer is required to13
make payment to the division making WHEN THE DIVISION MAKES a claim14
against the letter of credit, certificate of deposit, or surety bond:15
(A) If a court of competent jurisdiction has rendered a final16
judgment in favor of the division based on a finding that the registered17
installer failed to perform on the installation of the manufactured home18
as required by this part 33 or board rules; or19
(B) upon a ceasing of business operations or a bankruptcy filing20
by the registered installer IF THE REGISTERED INSTALLER CEASES BUSINESS21
OPERATIONS OR FILES FOR BANKRUPTCY .22
(II) T
HE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF23
any installer who fails to provide a letter of credit, certificate of deposit,24
or surety bond as required by section 24-32-3315 (2) and (6) or who25
otherwise fails to pay any judgment by a court of competent jurisdiction26
in favor of the division. is subject to the suspension or revocation of the
27
HB22-1242
-20- registration by the division.1
(4) An owner or a registered installer must display an installation2
authorization at the site of AT WHICH a manufactured home OR TINY HOME3
IS to be installed until an installation insignia is issued by the division or4
independent contractor, unless the installation is occurring in a5
jurisdiction where a local government is participating as an independent6
contractor. in which case IF THE LOCAL GOVERNMENT IS AN INDEPENDENT7
CONTRACTOR, the owner or registered installer is to SHALL follow the8
local government's process for identifying a manufactured home
OR TINY9
HOME to be installed until the division's installation insignia is issued by10
the local government.11
(5) (a) The division shall adopt rules that specify a standard form12
to be used statewide by the division or an independent contractor as a13
certificate of installation certifying that a manufactured home
OR TINY14
HOME was installed in compliance with the provisions of
this part 33.15
However, the certificate of installation applies only to
AN installation of16
a manufactured home, built in a factory
OF A TINY HOME, and OF17
components shipped with TO INSTALL OR FINISH the manufactured home18
OR TINY HOME as reflected in the approved plans for the manufactured19
home
OR TINY HOME. The certificate of installation must include but not
20
be limited to the following:21
(b) If a vacant manufactured home
OR TINY HOME fails an22
installation inspection because of conditions that endanger the health or23
safety of the occupant, the manufactured home
OR TINY HOME cannot be24
occupied
UNTIL THE DEFECTS OR DEFICIENCIES THAT FORM THE BASIS OF25
THE FAILED INSPECTION ARE CORRECTED. If a manufactured home OR TINY26
HOME fails an installation inspection because of conditions that do not27
HB22-1242
-21- endanger the health or safety of the occupant, the manufactured home OR1
TINY HOME may be occupied pending the correction of those defects or2
deficiencies that served as the basis of the failed inspection.3
(6) In addition to inspections performed pursuant to subsection4
(2.9) of this section, the division or the independent contractor that5
performs inspections and enforcement of proper installation of6
manufactured homes INSTALLATIONS may inspect the AN installation of7
a manufactured home upon request filed by the owner, installer,8
manufacturer, or seller. of the manufactured home. The PARTY9
REQUESTING THE inspection must be paid for by the party that requested10
PAY FOR the inspection.11
(7) If the AN installation of a manufactured home by an installer12
has failed FAILS the inspection conducted by the division or the13
independent contractor and it is determined by the division or the14
independent contractor
DETERMINES that the installer has FAILED TO15
COMPLY WITH THE MANUFACTURER 'S INSTRUCTIONS OR violated any of the16
installation standards promulgated by the division, the installer must
17
SHALL reimburse the party requesting the inspection for the cost of the18
failed inspection and must pay for any subsequent repairs necessary to19
bring the installation into compliance with the manufacturer's instructions20
or standards promulgated by the division. The installer must SHALL also21
pay for any subsequent inspections required by the division or the22
independent contractor. Failure of the installer to pay for any inspections23
or subsequent repairs deemed necessary by the division or the24
independent contractor shall result RESULTS in the forfeiture of the25
installer's performance bond on behalf of the owner. of the manufactured26
home.27
HB22-1242
-22- (8) (a) The division may authorize an independent contractor to1
perform inspections and enforcement of proper installation of2
manufactured homes INSTALLATIONS.3
(b) (I) The division may SHALL provide training for independent4
contractors
TO PERFORM INSTALLATION INSPECTIONS. THE TRAINING MUST5
ENABLE INDEPENDENT CONTRACTORS WHO SUCCESSFULLY COMPLETE THE6
TRAINING TO BE CERTIFIED BY THE DIVISION. Independent contractors must7
be certified by the division to perform installation inspections.8
(II) T
HE DIVISION MAY ACCEPT GIFTS, GRANTS, OR DONATIONS FOR9
THE TRAINING OF INDEPENDENT CONTRACTORS . THE DIVISION SHALL10
TRANSMIT ANY GIFTS, GRANTS, OR DONATIONS IT RECEIVES TO THE STATE11
TREASURER FOR DEPOSIT IN THE BUILDING REGULATION FUND CREATED IN12
SECTION 24-32-3309.13
(c) The division must
SHALL establish by rule the qualifications of14
an inspector and the areas of expertise necessary for inspecting15
manufactured homes On and after July 1, 2008, OR TINY HOMES. A new16
inspector must pass a division-approved installation test. The17
qualifications for an inspector include but are not limited to those of a18
professional civil engineer, or local housing inspector, or independent19
contractor. Commencing in 2009, Inspectors must SHALL also complete20
and maintain records of the completion of division-approved education21
as established by the board through rulemaking BY RULE.22
(9) If an installation or subsequent repair of an installation by an23
installer fails to COMPLY WITH THE MANUFACTURER 'S INSTRUCTIONS OR24
meet the standards promulgated by the division within a period25
determined by the division, the division must SHALL investigate the26
actions of the installer. The division may revoke, suspend, or refuse to27
HB22-1242
-23- renew the registration or certification of the installer for failing to comply1
with the
MANUFACTURER'S INSTRUCTIONS OR THE division's standards2
regarding
AN installation. of a manufactured home.
Any independent3
contractor that knows of an installer whose installations fail HAVE FAILED4
inspection and have not been cured by subsequent repair must SHALL5
request that the division investigate the installer.6
(10) The board must SHALL adopt rules concerning:7
(e) Any other rule MATTER necessary for the implementation of8
manufactured home THE installation requirements in this part 33.9
SECTION 15. In Colorado Revised Statutes, amend 24-32-331810
as follows:11
24-32-3318. Local installation standards preempted.12
(1) E
XCEPT AS AUTHORIZED IN SECTION 24-32-3329 (2), a local13
government may
SHALL not adopt less stringent standards for the AN14
installation of a manufactured home than those promulgated by the15
division. A local government may SHALL not, without express consent by16
the division, adopt different standards than the standards for the AN17
installation of a manufactured home promulgated by the division.18
(2) (a) Nothing in this section may preclude PROHIBITS a local19
government from enacting standards for
TINY HOMES OR mobile or20
modular homes concerning unique public safety requirements related to21
geographic or climatic conditions, such as weight restrictions for roof22
snow loads, or
wind shear factors, OR WILDFIRE RISK, as otherwise23
permitted by law.24
(b) U
NLESS THE UNITED STATES DEPARTMENT OF HOUSING AND25
URBAN DEVELOPMENT HAS GRANTED AN EXEMPTION TO A LOCAL26
GOVERNMENT, a local government may
SHALL not impose:27
HB22-1242
-24- (I) Weight restrictions for roof snow loads or wind shear factors1
on a manufactured home built to the federal manufactured home2
construction and safety standards that are different from what has been3
zoned for the state of Colorado by the United States department of4
housing and urban development pursuant to the federal act; or impose5
(II) Any other requirements that would impact the design and6
construction of the
MANUFACTURED home. unless an exemption has been
7
granted for that jurisdiction by the United States department of housing8
and urban development.9
(3) Nothing in this section prohibits a local government from10
requiring on-site mitigation to address unique public safety requirements11
related to geographic and climatic conditions, such as weight restrictions12
for roof snow loads, and wind shear factors, OR WILDFIRE RISK on a13
manufactured home built to the federal manufactured home construction14
and safety standards, so long as there is no interference with the federal15
standards for the design and construction of the manufactured home.16
SECTION 16. In Colorado Revised Statutes, amend 24-32-332117
as follows:18
24-32-3321. Investigations of consumer complaints. The19
division may investigate complaints filed by owners, occupants, or other20
consumers relating to the construction of factory-built structures and21
manufactured homes, and the sale or installation OR SALE of22
manufactured homes
AND TINY HOMES as necessary to enforce and23
administer this part 33.24
SECTION 17. In Colorado Revised Statutes, repeal 24-32-332225
as follows:26
24-32-3322. Training of inspectors - acceptance of gifts,27
HB22-1242
-25- grants, and donations. (1) On and after July 1, 2000, the division must1
train independent contractors to perform installation inspections for2
manufactured homes. The training must enable independent contractors3
who successfully complete the training to become certified by the4
division.5
(2) On and after July 1, 2000, the division may accept gifts,6
grants, or donations for the training of independent contractors. The gifts,7
grants, or donations received must be transmitted to the state treasurer8
who must credit the money to the building regulation fund created in9
section 24-32-3309.10
SECTION 18. In Colorado Revised Statutes, amend 24-32-332311
as follows:12
24-32-3323. Sellers of manufactured homes and tiny homes -13
registration. (1) Any seller is required to register with the division14
before engaging in the business of selling manufactured homes to be OR15
TINY HOMES IF EITHER IS installed in Colorado.16
(2) An application A PERSON APPLYING for a registration or17
renewal required by this section must be submitted SUBMIT THE18
APPLICATION on a form provided by the division and must be verified19
VERIFY THE APPLICATION by a declaration signed and dated, under penalty20
of perjury, by a principal of the manufactured home seller. The21
application must contain, in addition to such ANY other information22
regarding the conduct of the manufactured home seller's business as THAT23
the division may reasonably require, the name, address,
E-MAIL ADDRESS,24
and position of each principal of the manufactured home
seller and each25
person who exercises management responsibilities as part of the26
manufactured home seller's business activities. The application must also27
HB22-1242
-26- contain the address, E-MAIL ADDRESS, and telephone number of each retail1
location operated by the applicant, as well as the location and account2
number of the separate fiduciary account required by section 24-32-33243
(1) and any board rules. The division must preserve the application and4
declaration and make them available for public inspection.5
(3) (a) T
HE DIVISION SHALL REGISTER AN APPLICANT THAT6
COMPLIES WITH SUBSECTION (2) OF THIS SECTION AND THAT IS QUALIFIED7
IN ACCORDANCE WITH THIS SECTION AND THE RULES PROMULGATED8
UNDER THIS SECTION.9
(b) A registration issued pursuant to subsection (2)
UNDER10
SUBSECTION (3)(a) of this section is valid for one year TWELVE MONTHS11
after the date of issuance. The amount of the DIVISION SHALL NOT SET THE12
registration fee cannot be AT AN AMOUNT OF more than two hundred13
dollars.14
(c) If, after issuance of a registration REGISTERING A SELLER, any15
of the required information submitted with the application for the16
registration pursuant to subsection (2) of this section becomes inaccurate,17
a principal of the manufactured home seller must SHALL notify the18
division in writing of the inaccuracy within thirty days and provide the19
division with accurate updated information.20
(4) For purposes of this section, a person is not a seller if the21
person:22
(a) Is a natural person acting personally in selling a manufactured23
home owned or leased by the person
OR A TINY HOME OWNED OR LEASED24
BY THE PERSON;25
(b) Sells a manufactured home
OR A TINY HOME in the course of26
engaging in activities that are subject to the provisions of
article 10 of27
HB22-1242
-27- title 12 or activities that would be subject to the provisions but for a1
specific exemption set forth in article 10 of title 12 OR AN EXEMPTION SET2
FORTH IN ARTICLE 10 OF TITLE 12;3
(c) Sells a manufactured home
OR A TINY HOME for salvage or4
nonresidential use;5
(d) Directly or indirectly sells, in any calendar year, three or fewer6
previously occupied manufactured homes that
OR TINY HOMES THAT are7
owned by a manufactured MOBILE home park owner and are located8
within one or more manufactured MOBILE home parks in Colorado; or9
(e) For a salary, commission, or compensation of any kind, is10
employed directly or indirectly by any registered manufactured home11
seller to sell or negotiate for the sale of manufactured homes
OR TINY12
HOMES.13
SECTION 19. In Colorado Revised Statutes, 24-32-3324, amend14
(2) as follows:15
24-32-3324. Escrow and bonding requirements - rules.16
(2) (a) A seller must provide a letter of credit
OR certificate of deposit17
issued by a licensed financial institution or surety bond issued by an18
authorized insurer in an amount and
IN ACCORDANCE WITH THE process19
established by the board through rulemaking
BY RULE.20
(b) A financial institution or authorized insurer is required to21
make payment to the division making WHEN THE DIVISION MAKES a claim22
against the letter of credit, certificate of deposit, or surety bond:23
(I) If a court of competent jurisdiction has rendered a final24
judgment in favor of the division based on a finding that the registered25
seller failed to:26
(A) Deliver the manufactured home
OR TINY HOME or refund27
HB22-1242
-28- payments made toward the purchase of the manufactured home pursuant1
to OR OF THE TINY HOME AS REQUIRED BY this part 33 or board rules; or2
(B) Provide a reasonable per diem living expense in violation of3
the contractual provisions required by section 24-32-3325; or4
(II) Upon a ceasing of business operations or a bankruptcy filing5
by the registered seller IF THE REGISTERED SELLER CEASES BUSINESS6
OPERATIONS OR FILES FOR BANKRUPTCY .7
(c) T
HE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF8
any seller who
THAT fails to provide a letter of credit, certificate of9
deposit, or surety bond as required by this subsection (2) or who THAT10
otherwise fails to pay any judgment by a court of competent jurisdiction11
in favor of the division. is subject to the suspension or revocation of the12
registration by the division.13
SECTION 20. In Colorado Revised Statutes, 24-32-3325, amend14
(1) introductory portion, (1)(a), (1)(c), (1)(d), and (2) as follows:15
24-32-3325. Contract for sale of manufactured home or tiny16
home - requirements. (1) A seller must provide a contract with the sale17
of each manufactured home
OR TINY HOME and make the following18
disclosures in any contract for the sale of a manufactured home
OR TINY19
HOME:20
(a) That the purchaser may have no legal right to rescind the21
contract absent delinquent delivery of the manufactured home
or the22
existence of a specific right of rescission set forth in the contract;23
(c) That an aggrieved person may file a complaint
WITH THE24
DIVISION AGAINST THE SELLER for a refund of any payment held in escrow25
by a seller; of manufactured homes against the seller with the division;
26
and27
HB22-1242
-29- (d) That an aggrieved person may bring a civil action pursuant to1
the provisions of the "Colorado Consumer Protection Act", section2
6-1-709, to remedy violations of manufactured home seller requirements3
in this part 33. However, damages are limited in accordance with the4
provisions of section 6-1-113 (2.5).5
(2) A contract for the sale of a manufactured home
OR TINY HOME6
by a seller must also contain the following provisions:7
(a) E
ITHER:8
(I) A date certain for the delivery of the manufactured home
OR9
TINY HOME; or10
(II) A listing of specified delivery preconditions that must occur11
before a date certain for delivery can be determined;12
(b) A statement that if delivery of the manufactured home
OR TINY13
HOME is delayed by more than sixty days after the delivery date specified14
in the contract of sale or by more than sixty days after the delivery15
preconditions set forth in the contract of sale have been met if no date16
certain for delivery has been set, the seller will either refund the17
manufactured home sale
down payment or provide a reasonable per diem18
living expense to the buyer for the days between the delivery date19
specified in the contract or the sixty-first day after the delivery20
preconditions set forth in the contract have been met, whichever is21
applicable, and the actual date of delivery, unless the delay in delivery is22
unavoidable or caused by the buyer; and23
(c) An agreed upon location for delivery of the manufactured24
home
OR TINY HOME to the purchaser.25
SECTION 21. In Colorado Revised Statutes, 24-32-3326, amend26
(1) introductory portion, (1)(b), (1)(c), and (2) as follows:27
HB22-1242
-30- 24-32-3326. Unlawful sales practices - manufactured homes1
and tiny homes - fines. (1) A seller engages in an unlawful2
manufactured home sale OR TINY HOME SALES practice when the person:3
(b) Fails to comply with the escrow and bonding requirements of4
sections 24-32-3323 (2.5) and 24-32-3324, SECTION 24-32-3324 or board5
rules;6
(c) Fails to provide and include in any contract for the sale of a7
manufactured home
OR TINY HOME any of the disclosures or contract8
provisions required by section 24-32-3325; or9
(2) Any
A person found to be selling or have sold THAT SELLS a10
manufactured home
OR TINY HOME in a manner contrary to the
11
requirements of this part 33 OR RULES ADOPTED UNDER THIS PART 33 is12
subject to revocation or suspension of a seller's registration, fines, or any13
other measures as prescribed by rule promulgated by RULES THAT the14
division
PROMULGATES or BY other applicable Colorado law. The division15
may issue a fine of up to ten thousand dollars for each violation. Multiple16
violations of this part 33
OR RULES ADOPTED UNDER THIS PART 33 THAT17
ARE committed during a single sale constitute one violation. Each sale18
performed in violation of this part 33
OR RULES ADOPTED UNDER THIS19
PART 33 constitutes a separate violation. Fines must be paid to the20
division and transmitted to the state treasurer, who must credit the fees
21
FINES to the building regulation fund created in section 24-32-3309.22
SECTION 22. In Colorado Revised Statutes, 24-32-3327, amend23
(1) as follows:24
24-32-3327. Inspections. (1) For the purposes of enforcement of25
this part 33, persons duly designated by the division, upon presenting26
appropriate credentials to the owner, operator, or agent in charge, are27
HB22-1242
-31- authorized:1
(a) To enter at reasonable times and without advance notice any2
factory, warehouse, or establishment in which manufactured homes,
TINY3
HOMES, or factory-built structures are manufactured, stored, or held for4
sale;5
(b) To inspect at reasonable times, within reasonable limits, and6
in a reasonable manner, any factory, warehouse, or establishment in7
which manufactured homes,
TINY HOMES, or factory-built structures are8
manufactured, stored, or held for sale and to inspect any books, papers,9
records, and documents that relate to the safety of manufactured homes,10
TINY HOMES, or factory-built structures. Each inspection must be11
commenced and completed with reasonable promptness.12
(c) To enter and inspect, at reasonable times and without advance13
notice, any site on which
A manufactured housing
HOME OR A TINY HOME14
is
BEING or has been installed or reinstalled at or near the time of15
installation or reinstallation; and16
(d) To inspect any books, papers, records, and documents that17
relate to the proper installation of
A manufactured housing
HOME OR A18
TINY HOME.19
SECTION 23. In Colorado Revised Statutes, add 24-32-3328 and20
24-32-3329 as follows:21
24-32-3328. Tiny homes - standards - rules. (1) T
HE BOARD22
SHALL PROMULGATE RULES ESTABLISHING STANDARDS FOR THE23
MANUFACTURE OF TINY HOMES . THE BOARD MAY USE ANY NATIONAL OR24
INTERNATIONAL STANDARD THAT IS APPROPRIATE FOR ALL OR A PORTION25
OF A TINY HOME IF THE BOARD FINDS THAT THE STANDARD PROVIDES FOR26
REASONABLE SAFETY STANDARDS FOR TINY HOME OCCUPANTS . THE27
HB22-1242
-32- BOARD MAY MODIFY , BY RULE, ANY NATIONAL OR INTERNATIONAL1
STANDARD ADOPTED UNDER THIS SUBSECTION (1) AS NECESSARY FOR USE2
IN COLORADO.3
(2) T
HE BOARD SHALL ESTABLISH STANDARDS FOR CONNECTING4
A TINY HOME TO UTILITIES, INCLUDING WATER, SEWER, NATURAL GAS, AND5
ELECTRICITY.6
24-32-3329. Local governments inspections of tiny homes -7
connection to utilities - rules. (1) A
LOCAL GOVERNMENT MAY REQUIRE8
THE INSPECTION OF A TINY HOME MANUFACTURED BEFORE JULY 1, 2023,9
IF THE TINY HOME IS NOT MANUFACTURED IN ACCOR DANCE WITH THE10
STANDARDS ESTABLISHED UNDER SECTION 24-32-3328.11
(2) (a) A
STATE ELECTRICAL INSPECTOR OR A LOCAL GOVERNMENT12
MAY APPROVE THE CONNECTION OF A TINY HOME FOR ELECTRIC UTILITY13
SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH APPLICABLE CODES14
AND STANDARDS FOR CONNECTION FOR ELECTRIC UTILITY SERVICE .15
(b) A
STATE PLUMBING INSPECTOR OR A LOCAL GOVERNMENT MAY16
APPROVE THE CONNECTION OF A TINY HOME FOR WATER , GAS, OR SEWER17
UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH APPLICABLE18
CODES AND STANDARDS FOR CONNECTION FOR WATER , GAS, OR SEWER19
UTILITY SERVICE.20
SECTION 24. In Colorado Revised Statutes, 24-32-904.5,21
amend (1) introductory portion and (1)(a) as follows:22
24-32-904.5. Compliance with national standards -23
recreational park trailers - recreational vehicles. (1) No
A person,24
partnership, firm, corporation, or any other entity may SHALL NOT25
manufacture, sell, or offer for sale within this state:26
(a) Any new recreational vehicle that is not manufactured in27
HB22-1242
-33- compliance with the American national standards institute's (ANSI's)1
standard A 119.2 NATIONAL FIRE PROTECTION ASSOCIATION'S STANDARD2
1192 for recreational vehicles or any
SUCCESSOR STANDARD OR3
amendment; thereto;
or4
SECTION 25. In Colorado Revised Statutes, 6-1-105, amend5
(1)(ss) as follows:6
6-1-105. Unfair or deceptive trade practices. (1) A person7
engages in a deceptive trade practice when, in the course of the person's8
business, vocation, or occupation, the person:9
(ss) Violates any provision of part 33 of article 32 of title 2410
C.R.S., that applies to the installation of manufactured homes OR TINY11
HOMES;12
SECTION 26. In Colorado Revised Statutes, amend 6-1-709 as13
follows:14
6-1-709. Sales of manufactured and tiny homes - deceptive15
trade practices. A person engages in a deceptive trade practice when, in16
the course of such THE person's business, vocation, or occupation, such17
THE person engages in conduct that constitutes an unlawful manufactured18
home sale practice as SALES PRACTICE OR AN UNLAWFUL TINY HOME19
SALES PRACTICE, AS EITHER SALES PRACTICE IS described in section20
24-32-3326. C.R.S.21
SECTION 27. In Colorado Revised Statutes, 12-115-103, add22
(13) as follows:23
12-115-103. Definitions. As used in this article 115, unless the24
context otherwise requires:25
(13) "T
INY HOME" HAS THE MEANING SET FORTH IN SECTION26
24-32-3302
(35).27
HB22-1242
-34- SECTION 28. In Colorado Revised Statutes, 12-115-120, amend1
(1)(c), (2)(a), (2)(c), and (10)(d) as follows:2
12-115-120. Inspection - application - standard - rules.3
(1) (c) A utility shall not provide service to any person required to have4
electrical inspection under this article 115 without proof of final approval5
as provided in subsection (1)(b) of this section; except that
THE UTILITY6
SHALL PROVIDE service:7
(I) shall be provided
In those situations determined by the local8
electrical inspection authority, or by the board, whichever has jurisdiction,9
to be emergency situations for a maximum period of seven days or until10
the inspection has been made;
OR11
(II) I
F THE BOARD OR LOCAL ELECTRICAL INSPECTION AUTHORITY12
HAS APPROVED A TINY HOME CONNECTION FOR ELECTRIC UTILITY SERVICE13
IN ACCORDANCE WITH SECTION 24-32-3329 (2).14
(2) (a) The owner of an electrical installation in any new15
construction, other than manufactured units certified by the division of16
housing pursuant to section 24-32-3311
OR A TINY HOME MANUFACTURED17
TO THE STANDARDS OF SECTION 24-32-3328 (1), or remodeling or repair18
of an existing construction, except in any incorporated town or city,19
county, city and county, or qualified state institution of higher education20
having its own electrical code and inspection program equal to the21
minimum standards as are provided in this article 115, shall have the22
electrical portion of the installation, remodeling, or repair inspected by a23
state electrical inspector. A qualified state institution of higher education24
with a building department that meets or exceeds the minimum standards25
adopted by the board under this article 115 shall process applications for26
permits and inspections only from the institution and from contractors27
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only of work performed for the benefit of the institution.2
(c) A manufactured home, mobile home,
TINY HOME, or movable3
structure owner shall have the electrical installation for the manufactured4
home, mobile home,
TINY HOME, or movable structure inspected prior to5
obtaining electric service. A
N INSPECTION OF A TINY HOME PERFORMED IN6
ACCORDANCE WITH SECTION 24-32-3329 COMPLIES WITH THIS SUBSECTION7
(2)(c).8
(10) (d) (I) The board shall ensure compliance with this section.9
If the board determines, as a result of a complaint, that an entity other10
than the state is conducting electrical inspections that do not comply with11
this section, the board may issue to that entity an order to show cause, in12
accordance with sections 12-20-405 and 12-115-122 (6), as to why the13
board should not issue a final order directing that entity to cease and14
desist conducting electrical inspections until that entity comes into15
compliance to the satisfaction of the board.16
(II) T
HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO17
AN INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE18
OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN19
APPROVED IN ACCORDANCE WITH SECTION 24-32-3329.20
(III) If the use of state electrical inspectors is required after the21
issuance of a final cease-and-desist order pursuant to this subsection22
(10)(d), that entity shall reimburse the board for any expenses incurred in23
performing that entity's inspections, in addition to transmitting the24
required permit fees.25
SECTION 29. In Colorado Revised Statutes, 12-155-103, add26
(13.5) as follows:27
HB22-1242
-36- 12-155-103. Definitions. As used in this article 155, unless the1
context otherwise requires:2
(13.5) "T
INY HOME" HAS THE MEANING SET FORTH IN SECTION3
24-32-3302
(35).4
SECTION 30. In Colorado Revised Statutes, 12-155-105, amend5
(2) introductory portion as follows:6
12-155-105. Powers of board - fees - rules. (2) Notwithstanding7
any other provisions to the contrary, the board may, with regard to8
manufactured housing that is subject to part 7 of
article 32 of title 24:9
SECTION 31. In Colorado Revised Statutes, 12-155-118, amend10
(3) as follows:11
12-155-118. Exemptions. (3) Nothing in this article 155 shall be12
construed to apply to the manufacture of housing that is subject to the13
provisions of part 7 of article 32 of title 24 or the installation of individual14
residential or temporary construction units of manufactured housing water15
and sewer hookups inspected pursuant to section 12-155-105 SECTION16
12-155-105
(2).17
SECTION 32. In Colorado Revised Statutes, 12-155-120, amend18
(1) and (10)(c) as follows:19
12-155-120. Inspection - application - standards. (1) (a) Any20
plumbing or gas piping installation in any new construction or remodeling21
or repair, other than manufactured units
OR TINY HOMES inspected in22
accordance with the provisions of part 7 of
article 32 of title 24, except23
for the new construction or remodeling or repair in any incorporated town24
or city, county, or city and county, or in a building owned or leased or on25
land owned by a qualified state institution of higher education where the26
local entity or qualified state institution of higher education conducts27
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-37- inspections and issues permits, must be inspected by a state plumbing1
inspector.2
(b) A state plumbing inspector shall inspect any new construction,3
remodeling, or repair subject to the provisions of this subsection (1)4
within three working days after the receipt of the application for5
inspection.6
(c) Prior to the commencement of any plumbing or gas piping7
installation, the person making the installation shall apply for a permit8
and pay the required fee.9
(d) Every mobile home,
TINY HOME, or movable structure owner10
shall have the plumbing and gas piping hookup for the mobile home,
TINY11
HOME, or movable structure inspected prior to obtaining new or different12
plumbing or gas service. A
N INSPECTION OF A TINY HOME PERFORMED IN13
ACCORDANCE WITH SECTION 24-32-3329 COMPLIES WITH THIS SUBSECTION14
(1)(d).15
(e) A qualified state institution of higher education with a building16
department that meets or exceeds the minimum standards adopted by the17
board under this article 155 shall process applications for permits and18
inspections only from the institution and from contractors working for the19
benefit of the institution, and shall conduct inspections only of work20
performed for the benefit of the institution. Each inspection must include21
a contemporaneous review to ensure that the requirements of section22
12-155-108 have been met. A qualified state institution of higher23
education shall enforce standards that are at least as stringent as any24
minimum standards adopted by the board.25
(10) (c) (I) The board shall ensure compliance with this section.26
If the board determines, as a result of a formal complaint, that an27
HB22-1242
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with this section, the board may issue to the inspecting entity an order to2
show cause, in accordance with section 12-155-105 (1)(m), as to why the3
board should not issue a final order directing the inspecting entity to cease4
and desist conducting plumbing inspections until the inspecting entity5
comes into compliance to the satisfaction of the board.6
(II) T
HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO7
AN INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE8
OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN9
APPROVED IN ACCORDANCE WITH SECTION 24-32-3329.10
(III) If the use of state plumbing inspectors is required after the11
issuance of a final cease-and-desist order pursuant to this subsection12
(10)(c), the inspecting entity shall reimburse the board for any expenses13
incurred in performing the inspecting entity's inspections, in addition to14
transmitting the required permit fees.15
SECTION 33. In Colorado Revised Statutes, 38-12-201.5,16
amend (5) as follows:17
38-12-201.5. Definitions. As used in this part 2 and in part 11 of18
this article 12, unless the context otherwise requires:19
(5) "Mobile home" means:20
(a) A single-family dwelling that is built on a permanent chassis;21
is designed for long-term residential occupancy; contains complete22
electrical, plumbing, and sanitary facilities; is designed to be installed in23
a permanent or semipermanent manner with or without a permanent24
foundation; and is capable of being drawn over public highways as a unit25
or in sections by special permit; or
26
(b) A manufactured home, as defined in section 38-29-102 (6), if27
HB22-1242
-39- the manufactured home is situated in a mobile home park; OR1
(c) A
TINY HOME, AS DEFINED IN SECTION 24-32-3302 (35), THAT2
IS USED AS A LONG-TERM RESIDENCE IN THE MOBILE HOME PARK .3
SECTION 34. In Colorado Revised Statutes, amend 39-26-7214
as follows:5
39-26-721. Manufactured homes and tiny homes.6
(1) Forty-eight percent of the purchase price of a manufactured home, as
7
defined in section 42-1-102 (106)(b), is exempt from taxation under part8
1 of this article 26; except that the entire purchase price in any subsequent9
sale of such a manufactured home, after it has been once subject to the10
payment of sales tax by virtue of section 39-26-113, is exempt from11
taxation under part 1 of this article 26.12
(2) The storage, use, or consumption of a manufactured home, as13
defined in section 42-1-102 (106)(b), after the manufactured home has14
been once subject to the payment of use tax by virtue of section15
39-26-208, is exempt from taxation under part 2 of this article 26.16
(3) Beginning July 1, 2019, The sale, storage, usage, or17
consumption of a manufactured home, as defined in section 39-1-10218
(7.8),
OR A TINY HOME, AS DEFINED IN SECTION 24-32-3302 (35), is exempt19
from taxation under parts 1 and 2 of this article 26.20
SECTION 35. In Colorado Revised Statutes, 29-2-105, amend21
(1)(d)(I) introductory portion and (1)(d)(I)(P) as follows:22
29-2-105. Contents of sales tax ordinances and proposals.23
(1) The sales tax ordinance or proposal of any incorporated town, city,24
or county adopted pursuant to this article 2 shall be imposed on the sale25
of tangible personal property at retail or the furnishing of services, as26
provided in subsection (1)(d) of this section. Any countywide or27
HB22-1242
-40- incorporated town or city sales tax ordinance or proposal shall include the1
following provisions:2
(d) (I) A provision that the sale of tangible personal property and3
services taxable pursuant to this article 2 shall be IS the same as the sale4
of tangible personal property and services taxable pursuant to section5
39-26-104, except as otherwise provided in this subsection (1)(d). The6
sale of tangible personal property and services taxable pursuant to this7
article 2 shall be IS subject to the same sales tax exemptions as those8
specified in part 7 of article 26 of title 39; except that the sale of the9
following may be exempted from a town, city, or county sales tax only by10
the express inclusion of the exemption either at the time of adoption of11
the initial sales tax ordinance or resolution or by amendment thereto:12
(P) The exemption for manufactured homes
AND TINY HOMES set13
forth in section 39-26-721. (3).
14
SECTION 36. Act subject to petition - effective date -15
applicability. (1) This act takes effect at 12:01 a.m. on the day following16
the expiration of the ninety-day period after final adjournment of the17
general assembly; except that, if a referendum petition is filed pursuant18
to section 1 (3) of article V of the state constitution against this act or an19
item, section, or part of this act within such period, then the act, item,20
section, or part will not take effect unless approved by the people at the21
general election to be held in November 2022 and, in such case, will take22
effect on the date of the official declaration of the vote thereon by the23
governor.24
(2) This act applies to acts committed on or after the applicable25
effective date of this act.26
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