Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments
Adopted in the Second House
LLS NO. 22-0415.01 Jery Payne x2157
HOUSE BILL 22-1242
House Committees Senate Committees
Transportation & Local Government Business, Labor, & Technology
Finance Finance
Appropriations Appropriations
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, AND, IN CONNECTION103
THEREWITH, MAKING AN APPROPRIATION .104
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,
SENATE
3rd Reading Unamended
May 9, 2022
SENATE
2nd Reading Unamended
May 6, 2022
HOUSE
3rd Reading Unamended
April 27, 2022
HOUSE
Amended 2nd Reading
April 26, 2022
HOUSE SPONSORSHIP
Kipp and Exum, Benavidez, Bernett, Bird, Boesenecker, Cutter, Daugherty, Duran, Esgar,
Froelich, Herod, Hooton, Jodeh, Kennedy, Lindsay, Lontine, McCluskie, McCormick,
McLachlan, Michaelson Jenet, Mullica, Ortiz, Sirota, Snyder, Sullivan, Titone, Valdez A.
SENATE SPONSORSHIP
Ginal and Hisey, Bridges, Buckner, Donovan, Fenberg, Hinrichsen, Jaquez Lewis, Lee,
Liston, Moreno, Priola, Rodriguez, Winter, Woodward, Zenzinger
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. and the registration, escrow, reimbursement, bonding, and inspections of
the manufacturers, installers, and sellers. In addition, the state housing
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.
1242
-2- Current law regulates mobile home parks, including notice
requirements, lease termination limits and requirements, security deposit
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
1242-3- (c) The protection of Colorado consumers who purchase1
manufactured homes
OR TINY HOMES from fraud and other unfair business2
practices is a matter of statewide concern and consumers can best be3
protected by:4
(I) Requiring registration of persons engaged in the business of5
selling manufactured homes
OR TINY HOMES;6
(II) Imposing escrow and bonding requirements upon persons7
engaged in the business of
MANUFACTURING OR selling manufactured8
homes
OR TINY HOMES; and9
(III) Requiring persons engaged in the business of selling10
manufactured homes
OR TINY HOMES to include specified disclosures and11
provisions in any contract for the sale of a manufactured home
OR TINY12
HOME.13
(d) The imposition of registration requirements upon
THE sellers14
of manufactured homes
OR TINY HOMES by both the state and political15
subdivisions of the state would impose an undue burden upon
THE sellers16
of manufactured homes
OR TINY HOMES and discourage the sale of17
manufactured homes
OR TINY HOMES.18
(e) The registration, escrow and bonding, and contract19
requirements imposed on
THE sellers of manufactured homes OR TINY20
HOMES by this part 33 are exclusive, and no
A political subdivision of the21
state may SHALL NOT impose any additional registration, escrow and22
bonding, or contract requirements on the sellers.23
(f) T
HE REGULATION OF TINY HOMES IS NECESSARY TO PROTECT24
CONSUMER SAFETY AND
RECOGNIZE TINY HOMES AS AN AFFORDABLE25
HOUSING ALTERNATIVE.26
(2) The general assembly further declares that in enacting this part27
1242
-4- 33, it is the intent of the general assembly that the division establish,1
through the board, rules as it deems necessary to ensure:2
(b) Consumer safety in the purchase of manufactured homes
OR3
TINY HOMES;4
(c) The registration of manufactured home
installers and the5
creation of uniform standards for the installation of manufactured homes6
INSTALLATION on a statewide basis; and7
(d) The safety, affordability, and performance of hotels, motels,8
and multifamily structures in areas of the state where no construction9
standards for hotels, motels, and multifamily structures exist;
AND10
(e) T
HE SAFETY OF FOUNDATION SYSTEMS FOR TINY HOMES ,11
MANUFACTURED HOMES AND FACTORY -BUILT STRUCTURES IN AREAS OF12
THE STATE WHERE NO CONSTRUCTION STANDARDS FOR TINY HOMES ,13
MANUFACTURED HOMES , AND FACTORY-BUILT STRUCTURES EXIST.14
(3) The general assembly further declares that the factory-built15
structure programs
AND TINY HOME PROGRAMS administered and rules16
adopted pursuant to
UNDER this part 33 apply only to work performed in17
a factory or WORK PERFORMED OFF SITE OR WORK completed at a THE18
INSTALLATION site, using components shipped with the factory-built19
structure as reflected in the approved plans for the factory-built structure20
OR TINY HOME.21
SECTION 2. In Colorado Revised Statutes, 24-32-3302, amend22
(3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and23
(33); and add (24.5), (26.5), (34), and (35) as follows:24
24-32-3302. Definitions. As used in this part 33, unless the25
context otherwise requires:26
(3) "Certificate of installation" means a certificate issued by the27
1242
-5- division for an installation of a manufactured home that meets the1
requirements of COMPLIES WITH this part 33 AND RULES THAT THE BOARD2
ADOPTS UNDER THIS PART 33.3
(4) "Certified installer" means an installer of manufactured homes4
who OR TINY HOMES THAT:5
(a) Is registered with the division; and who6
(b) Has installed at least five manufactured homes
OR TINY HOMES7
in compliance with the manufacturer's instructions or standards created8
by the division pursuant to this part 33; and9
(c) Has been approved by the division for certified status.10
(6) "Defect" means any deviation in the performance,11
construction, components, or material of a manufactured home,
TINY12
HOME, OR FACTORY-BUILT STRUCTURE that renders the MANUFACTURED13
home,
TINY HOME, OR FACTORY-BUILT STRUCTURE or any part thereof
OF14
THE MANUFACTURED HOME , TINY HOME, OR FACTORY-BUILT STRUCTURE15
not fit for the ordinary use for which it was intended.16
(11) "Factory-built structure" means:17
(a) A factory-built nonresidential and STRUCTURE;18
(b) A factory-built residential buildings. STRUCTURE; AND19
(c) A
FACTORY-BUILT TINY HOME.20
(16) (a) "Installation" means the placement of a manufactured21
home
OR TINY HOME on a permanent or temporary foundation system.22
(b) "Installation" includes without limitation
supporting, blocking,23
leveling, securing, or anchoring the home and connecting multiple or24
expandable sections of the home.25
(17) "Installer" means any person who performs the installation26
of:27
1242
-6- (a) A manufactured home, which includes multifamily structures,1
for those with
THE knowledge, experience, and skills to do so; OR2
(b) A
TINY HOME.3
(20) "Manufactured home" means any preconstructed building4
unit or combination of preconstructed building units or closed panel5
systems that:6
(a) Include
INCLUDES electrical, mechanical, or plumbing services7
that are fabricated, formed, or assembled at a location other than the site8
of the completed home;9
(d) Does not have motor power IS NOT SELF-PROPELLED; and10
(24.5) "M
OBILE HOME PARK" HAS THE MEANING SET FORTH IN11
SECTION 38-12-201.5 (6).12
(26) "Owner" means the owner of a manufactured home
OR TINY13
HOME.14
(26.5) "P
ERMANENT FOUNDATION " MEANS A STRUCTURE THAT IS15
DESIGNED OR INTENDED TO:16
(a) S
UPPORT A BUILDING FROM UNDERNEATH ;17
(b) K
EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;18
(c) P
REVENT THE BUILDING FROM MOVING ; AND19
(d) N
OT BE REMOVED FROM THE GROUND OR BUILDING .20
(29) "Purchaser" means
the first A person purchasing a21
manufactured home
OR TINY HOME IF EITHER IS PURCHASED in good faith22
for purposes other than resale.23
(30) "Quality assurance representative" means any state, firm,24
corporation, or other entity that proposes to conduct production reviews,25
evaluate a manufacturer's quality control procedures, and perform design26
evaluations. for factory-built structures.
27
1242
-7- (32.5) "Seller" means any person engaged in the business of1
selling manufactured homes to be installed in Colorado
OR TINY HOMES2
TO BE OCCUPIED OR INSTALLED IN COLORADO.3
(33) "Site" means the entire tract, subdivision, or parcel of land on4
which manufactured homes
OR TINY HOMES are installed.5
(34) "T
EMPORARY FOUNDATION " MEANS A STRUCTURE THAT IS6
DESIGNED OR INTENDED TO:7
(a) S
UPPORT A BUILDING FROM UNDERNEATH ;8
(b) K
EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;9
(c) P
REVENT THE BUILDING FROM MOVING ; AND10
(d) B
E REMOVABLE FROM THE GROUND OR BUILDING .11
(35) (a) "T
INY HOME" MEANS A STRUCTURE THAT:12
(I) I
S PERMANENTLY CONSTRUCTED ON A VEHICLE CHASSIS ;13
(II) I
S DESIGNED FOR LONG-TERM RESIDENCY;14
(III) I
NCLUDES ELECTRICAL, MECHANICAL, OR PLUMBING SERVICES15
THAT ARE FABRICATED, FORMED, OR ASSEMBLED AT A LOCATION OTHER16
THAN THE SITE OF THE COMPLETED HOME ;17
(IV) I
S NOT SELF-PROPELLED; AND18
(V) H
AS A SQUARE FOOTAGE OF NOT MORE THAN FOUR HUNDRED19
SQUARE FEET.20
(b) "T
INY HOME" DOES NOT INCLUDE:21
(I) A
MANUFACTURED HOME ;22
(II) A
RECREATIONAL PARK TRAILER AS DEFINED IN SECTION23
24-32-902
(8);24
(III) A
RECREATIONAL VEHICLE AS DEFINED IN SECTION 24-32-90225
(9);26
(IV) A
SEMITRAILER AS DEFINED IN SECTION 42-1-102 (89); OR27
1242
-8- (V) AN INTERMODAL SHIPPING CONTAINER .1
SECTION 3. In Colorado Revised Statutes, 24-32-3303, amend2
(1)(e), (1)(f), and (1)(g); and add (1)(h) as follows:3
24-32-3303. Division of housing - powers and duties - rules.4
(1) The division has the following powers and duties pursuant to this part5
33:6
(e) To enforce requirements concerning the installation of7
manufactured homes INSTALLATIONS, including the registration and8
certification status of installers;9
(f) To enforce requirements concerning the sale of
TINY HOMES10
AND OF manufactured homes, including the registration status of sellers;11
and12
(g) To enforce requirements concerning the safety of hotels,13
motels, and multi-family structures in areas of the state where no14
construction standards for hotels, motels, and multi-family structures15
exist; AND16
(h) TO ENFORCE REQUIREMENTS CONCERNING THE SAFETY OF17
FOUNDATION SYSTEMS FOR MANUFACTURED HOMES , TINY HOMES, AND18
FACTORY-BUILT STRUCTURES IN AREAS OF THE STATE WHERE NO19
CONSTRUCTION STANDARDS FOR MANUFACTURED HOMES, TINY HOMES,20
AND FACTORY-BUILT STRUCTURES EXIST.21
SECTION 4. In Colorado Revised Statutes, 24-32-3304, amend22
(1)(d); and add (1)(f) and (1)(g) as follows:23
24-32-3304. State housing board - powers and duties - rules.24
(1) The board has the following powers and duties pursuant to this part25
33:26
(d) To promulgate rules establishing standards for the installation27
1242
-9- and setup of manufactured housing units; and1
(f) T
O PROMULGATE RULES ESTABLISHING STANDARDS FOR TINY2
HOMES THAT COVER THE MANUFACTURE OF , ASSEMBLY OF, AND3
INSTALLATION OF TINY HOMES; AND4
(g) T
O PROMULGATE UNIFORM FOUNDATION CONSTRUCTION5
STANDARDS FOR
MANUFACTURED HOMES, FACTORY-BUILT STRUCTURES,6
OR TINY HOMES IN THOSE AREAS OF THE STATE WHERE NO STANDARDS7
EXIST.8
SECTION 5. In Colorado Revised Statutes, 24-32-3305, amend9
(1) introductory portion, (1)(b), (1)(c), (2), and (3); and add (1)(e) and10
(1)(f) as follows:11
24-32-3305. Rules - advisory committee - enforcement. (1) The12
board must SHALL promulgate rules as it deems necessary to ensure:13
(b) The safety of consumers purchasing manufactured homes
OR14
TINY HOMES;15
(c) The safety of manufactured home
installations; and16
(e) T
HE IMPLEMENTATION OF SECTIONS 24-32-3328 AND17
24-32-3329;
AND18
(f) T
HE SAFETY OF FOUNDATION SYSTEMS FOR MANUFACTURED19
HOMES, TINY HOMES, AND FACTORY-BUILT STRUCTURES IN AREAS OF THE20
STATE WHERE NO CONSTRUCTION STANDARDS FOR MANUFACTURED21
HOMES, TINY HOMES, AND FACTORY-BUILT STRUCTURES EXIST.22
(2) Rules promulgated by the board must include provisions23
imposing requirements reasonably consistent with recognized and24
accepted standards adopted by
THE ASTM INTERNATIONAL, the25
International Code Council, the National Fire Protection Association, and26
the Colorado state plumbing and electrical codes, or a combination27
1242
-10- thereof OF THESE STANDARDS AND CODES , except to the extent that the1
board finds that the standards and codes are inconsistent with this part 33.2
All rules promulgated by The board must be adopted SHALL ADOPT RULES3
pursuant to article 4 of this title 24.4
(3) (a) The board must consult with and obtain the advice of an5
advisory committee on residential and nonresidential FACTORY-BUILT6
structures
AND TINY HOMES in the drafting and promulgation of rules. The7
committee consists of twelve
FIFTEEN members appointed by the division8
from the following professional and technical disciplines:9
(I) One from architecture;10
(II) One from structural engineering;11
(III) Three from building code enforcement;12
(IV) One from mechanical engineering or contracting;13
(V) One from electrical engineering or contracting;14
(VI) One from the plumbing industry;15
(VII) One from the construction design or producer industry;16
(VIII) Two from manufactured housing;17
(IX) T
WO FROM THE TINY HOME INDUSTRY ;
18
(X) ONE FROM ENERGY CONSERVATION ; and19
(XI) One from organized labor.20
(b) Committee members shall be ARE reimbursed for actual and21
necessary expenses incurred while engaged in official duties.22
SECTION 6. In Colorado Revised Statutes, 24-32-3306, amend23
(1) as follows:24
24-32-3306. Recognition of similar standards - compliance25
with standards. (1) If the division determines that standards for26
factory-built
STRUCTURES, TINY HOMES, or manufactured housing
HOMES27
1242
-11- prescribed by statute or rule of another state or by the United States1
department of housing and urban development are reasonably consistent2
with, or equal to, standards required by this part 33, it may provide by rule3
that factory-built
STRUCTURES, TINY HOMES, or manufactured housing
4
HOMES approved by the other state or by the department meets MEET the5
standards required by this part 33.6
SECTION 7. In Colorado Revised Statutes, 24-32-3307, amend7
(1) as follows:8
24-32-3307. Noncompliance with standards. (1) (a) The9
division may obtain injunctive relief from the appropriate A court OF10
COMPETENT JURISDICTION to enjoin the manufacture, sale, delivery, or11
installation of:12
(I) A factory-built housing STRUCTURE by filing an affidavit13
specifying the manner in which the housing FACTORY-BUILT STRUCTURE14
does not conform to the requirements of this part 33 or to rules15
promulgated pursuant to section 24-32-3305;
OR16
(II) A
TINY HOME BY FILING AN AFFIDAVIT SPECIFYING THE17
MANNER IN WHICH THE TINY HOME DOES NOT CONFORM TO THIS PART 3318
OR TO RULES PROMULGATED UNDER SECTION 24-32-3305 (1)(e) OR19
24-32-3328.20
(b) The division may suspend the issuance of insignias of21
approval while injunctive relief is being sought.22
SECTION 8. In Colorado Revised Statutes, 24-32-3309, amend23
(1)(a) and (2) as follows:24
24-32-3309. Fees - building regulation fund - rules.25
(1) (a) (I) The board, by rule, must
SHALL establish a schedule of fees26
designed to pay all direct and indirect costs incurred by the division in27
1242
-12- carrying out and enforcing the provisions of this part 33; except that the1
amount of the registration fee for installers of manufactured homes is2
LIMITED TO the amount specified in section 24-32-3315 (5) and the3
amount of the registration fee for sellers of manufactured homes is4
LIMITED TO the amount specified in section 24-32-3323 (3).5
(II) Before establishing THE BOARD ESTABLISHES the schedule of6
fees, the division, must FOR THE BOARD'S CONSIDERATION, SHALL gather7
information regarding the fees charged by:8
(A) Colorado local governments for the inspection and9
certification of improvements to residential real property that are not10
manufactured homes
OR TINY HOMES; and11
(B) the fees charged by
Governmental entities outside of Colorado12
for the inspection and certification of manufactured homes for the board's13
consideration OR TINY HOMES.14
(III) The fees must be paid to the division and transmitted to the15
state treasurer, who must SHALL credit the fees to the building regulation16
fund, which fund is hereby created in the state treasury and referred to in17
this section as the "fund". T
HE STATE TREASURER SHALL CREDIT all18
interest derived from the deposit and investment of money in the fund19
must be credited
to the fund. Except as otherwise provided in subsection20
(2) of this section, at the end of any fiscal year, all unexpended and21
unencumbered money in the fund must remain REMAINS in the fund and22
must not be credited or transferred to the general fund or any other fund23
or used for any other purpose other than to offset the costs of24
implementing, and administering, and enforcing the provisions of this25
part 33.26
(2) In addition to being used to offset the costs of implementing27
1242
-13- and administering this part 33 as specified in subsection (1) of this1
section, money in the fund may be expended:2
(a) To provide education and training to manufacturers, sellers,3
installers, building department employees, elected officials, and, as4
appropriate, other persons affected by the mobile
HOME, manufactured5
HOME, TINY HOME, and factory-built structures
STRUCTURE industry6
regarding the building codes and state program requirements applicable7
to mobile
HOMES, manufactured HOMES, TINY HOMES, and factory-built8
structures within the state;9
(b) To provide consumer training throughout the state that will10
help a consumer make informed decisions when purchasing or11
considering the purchase of a mobile home, manufactured home,
TINY12
HOME, or factory-built structure; and13
(c) To provide education and grants that will help manufacturers,14
sellers, installers, owners, and, as appropriate, other parties affected by15
the mobile
HOME, manufactured HOME, TINY HOME, and factory-built16
structures
STRUCTURE industry address safety issues that affect mobile17
HOMES, manufactured HOMES, TINY HOMES, and factory-built structures.18
SECTION 9. In Colorado Revised Statutes, 24-32-3311, amend19
(1)(a.3), (1)(a.7), (4), and (6) as follows:20
24-32-3311. Certification of factory-built structures - rules.21
(1) (a.3) Manufacturers of factory-built structures to be installed in the22
state must SHALL register with the division as provided in board rules and23
are subject to enforcement action, including suspension or revocation of24
their registration for failing to comply with requirements contained in this25
part 33 and board rules. A MANUFACTURER SHALL:26
(I) COMPLY WITH ESCROW REQUIREMENTS OF DOWN PAYMENTS AS27
1242
-14- ESTABLISHED BY THE BOARD BY RULE ; AND1
(II) PROVIDE A LETTER OF CREDIT, CERTIFICATE OF DEPOSIT ISSUED2
BY A LICENSED FINANCIAL INSTITUTION, OR SURETY BOND ISSUED BY AN3
AUTHORIZED INSURER IN AN AMOUNT AND PROCESS ESTABLISHED BY THE4
BOARD BY RULE. A FINANCIAL INSTITUTION OR AUTHORIZED INSURER5
SHALL PAY THE DIVISION THE LETTER OF CREDIT, CERTIFICATE OF DEPOSIT,6
OR SURETY BOND IF A COURT OF COMPETENT JURISDICTION HAS RENDERED7
A FINAL JUDGMENT IN FAVOR OF THE DIVISION BASED ON A FINDING THAT:8
(A) THE MANUFACTURER FAILED TO DELIVER THE FACTORY-BUILT9
STRUCTURE;10
(B) THE MANUFACTURER FAILED TO REFUND A DOWN PAYMENT11
MADE TOWARD THE PURCHASE OF THE FACTORY -BUILT STRUCTURE; OR12
(C) THE MANUFACTURER CEASED DOING BUSINESS OPERATIONS OR13
FILED FOR BANKRUPTCY.14
(a.7) (I) The division must SHALL conduct a full design and plan15
review and inspection of the construction of factory-built structures to the16
extent the design and construction relates to work performed off site or17
work that is completed onsite using components shipped with the18
factory-built structure AT THE INSTALLATION SITE as reflected in the19
approved plans for the factory-built structure. A local government may20
SHALL not duplicate efforts to review or approve the construction of a21
factory-built structure that is under review or approved by the division nor22
may SHALL it charge building permit fees to cover the cost of plan23
reviews or inspections performed by the division. A local government's24
jurisdiction is limited to work done onsite AT THE INSTALLATION SITE in25
compliance with section 24-32-3311 (6) SUBSECTION (6) OF THIS SECTION26
and includes associated plan review, permits, inspections, and fees.27
1242
-15- (II) The division may authorize a local government to inspect and1
approve work that is completed onsite using components shipped with the2
factory-built structure AT THE INSTALLATION SITE as reflected in the3
approved plans for the factory-built structure. A local government may4
charge inspection fees if authorized to assist the division to inspect and5
approve work
ON A FACTORY-BUILT STRUCTURE that is completed onsite
6
using components shipped with the factory-built structure AT THE7
INSTALLATION SITE as reflected in the approved plans for the factory-built8
structure.9
(4) A factory-built structure bearing an insignia of approval issued10
by the division and affixed by the division or an authorized quality11
assurance representative pursuant to this part 33 is deemed to be designed12
and constructed in compliance with the requirements of all codes and13
standards enacted or adopted by the state and accounting for any local14
government installation requirements adopted in compliance with sections15
24-32-3310 and 24-32-3318 that are applicable to the construction of16
factory-built structures, to the extent that the design and construction17
relates to work performed in a factory or work
ON A FACTORY-BUILT18
STRUCTURE that is completed at a
THE INSTALLATION site using19
components shipped with the factory-built structure as reflected in the20
approved plans for the factory-built structure. The determination by the21
division of the scope of such approval is final. An insignia of approval22
affixed to the factory-built structure does not expire unless the design and23
construction of the factory-built structure has been modified from24
approved plans.25
(6) All work at a THE INSTALLATION site that is unrelated to the26
installation of a factory-built structure or components shipped with27
1242
-16- UNRELATED TO COMPLETING CONSTRUCTION OF A FACTORY -BUILT1
STRUCTURE AT THE INSTALLATION SITE AS REFLECTED IN THE APPROVED2
PLANS FOR the factory-built structure, including additions, modifications,3
and repairs to a factory-built structure, are IS subject to applicable local4
government rules.5
SECTION 10. In Colorado Revised Statutes, repeal 24-32-33136
as follows:7
24-32-3313. Injunctive relief. The division may request the8
appropriate court to enjoin the sale or delivery of any factory-built9
structure upon an affidavit, specifying the manner in which the10
factory-built structure does not conform to the requirements of this part11
33 or the rules promulgated pursuant to this part 33. The division may12
suspend the authority of a manufacturer to affix insignias while injunctive13
relief is being sought.14
SECTION 11. In Colorado Revised Statutes, 24-32-3315, amend15
(1)(c), (3), and (4) introductory portion as follows:16
24-32-3315. Installers of manufactured homes and tiny homes17
- registration - fees - educational requirements - rules. (1) (c) (I) A18
homeowner who IS NOT REQUIRED TO REGISTER AS AN INSTALLER WITH19
THE DIVISION IF THE HOMEOWNER installs the owner's HOMEOWNER'S own20
manufactured home that is a one- or two-family dwelling
INTENDED FOR21
THE HOMEOWNER'S OWN PERSONAL USE OR A TINY HOME intended for their
22
THE HOMEOWNER'S own personal use, is not required to register as an23
installer with the division, but THE HOMEOWNER must comply with all24
provisions of this part 33 other than registration provisions. A homeowner25
is limited to the ONE installation of one manufactured home in any26
twelve-month period and a total of no more than five during their THE27
1242
-17- HOMEOWNER'S lifetime.1
(II) A homeowner installing their THE HOMEOWNER 'S own2
MANUFACTURED HOME OR TINY home is required to SHALL do their own3
THE installation work. If the homeowner has another person perform4
installation work, on their manufactured home, that person is required to5
MUST be a registered or certified installer.6
(3) An application A PERSON APPLYING for registration or7
certification as a manufactured home AN installer, whether AN initial or8
renewal
APPLICATION, must be submitted
SUBMIT THE APPLICATION on a9
form provided by the division and verified by a declaration dated and10
signed
BY THE APPLICANT under penalty of perjury. by the applicant.
The11
application must contain, in addition to any other information the division12
may reasonably require, the name, address,
E-MAIL ADDRESS, and13
telephone number of the applicant. The division shall make the14
application and declaration available for public inspection.15
(4) On and after July 1, 2008,
In order to be registered initially as16
a manufactured home AN installer, an applicant must:17
SECTION 12. In Colorado Revised Statutes, 24-32-3315.5,18
amend (1) introductory portion, (1)(a), and (1)(b) as follows:19
24-32-3315.5. Contract for the installation of manufactured20
homes and tiny homes - requirements. (1) A registered or certified21
installer must provide a contract for the installation of each manufactured22
home
OR TINY HOME and make the following disclosures in any contract23
for the installation of a manufactured home
OR TINY HOME:24
(a) That the installer has a letter of credit, certificate of deposit, or25
surety bond filed with the division for the performance of the installation;26
of the manufactured home;
27
1242
-18- (b) That an aggrieved person may file a complaint with the1
division concerning the performance of the installation, of the2
manufactured home, including making a claim against the letter of credit,3
certificate of deposit, or surety bond filed with the division; and4
SECTION 13. In Colorado Revised Statutes, 24-32-3316, amend5
(1) as follows:6
24-32-3316. Compliance with manufacturer's installation7
instructions. (1) Except as provided by subsection (2) or (3) of this8
section, any installation of a manufactured home in this state shall MUST9
be performed in strict accordance with the applicable manufacturer's10
installation instructions. A copy of the manufacturer's instructions or the11
standards promulgated by the division must be available at the time of12
installation and inspection.13
SECTION 14. In Colorado Revised Statutes, 24-32-3317, amend14
(1), (2), (2.3), (2.9), (3)(a) introductory portion, (3)(a)(II) introductory15
portion, (3)(a)(II)(C), (3)(b), (4), (5)(a) introductory portion, (5)(b), (6),16
(7), (8), (9), (10) introductory portion, and (10)(e) as follows:17
24-32-3317. Installation of manufactured homes and tiny18
homes - authorization - certificates - inspections - inspector19
qualification and education requirements - rules. (1) Before beginning20
the AN installation, of a manufactured home, the owner or registered21
installer of a manufactured home
OR TINY HOME must submit a request to22
the division and receive an installation authorization from the division on23
a division-approved form, unless the installation is occurring in a24
jurisdiction where a local government is participating as an independent25
contractor, in which case the owner or registered installer is to follow the26
local government's process for receiving authorization to install a27
1242
-19- manufactured home OR TINY HOME.1
(2) The division may certify any installer who provides evidence2
of five or more installations of manufactured homes
OR TINY HOMES3
performed by the installer for which installation authorizations have4
previously been issued pursuant to
IN ACCORDANCE WITH this section5
when, in the judgment of the division, the installer has demonstrated the6
ability to successfully complete installations of manufactured homes in7
accordance with the requirements of this part 33.8
(2.3) An installer certified by the division is not required to obtain9
an installation authorization from the division, but
A CERTIFIED INSTALLER10
is required to obtain authorization to install a manufactured home
OR TINY11
HOME from any local government participating as an independent12
contractor. F
OR ANY INSTALLATION OCCURRING WITHIN THE JURISDICTION13
OF A LOCAL GOVERNMENT NOT PARTICIPATING AS AN INDEPENDENT14
CONTRACTOR, THE CERTIFIED INSTALLER, UPON COMPLETION OF THE15
INSTALLATION IN ACCORDANCE WITH THIS PART 33 AND BOARD RULES,16
SHALL AFFIX ON THE MANUFACTURED HOME OR TINY HOME an installation17
insignia issued by the division. is to be affixed on the manufactured home
18
by the certified installer upon completion of the installation of the19
manufactured home in accordance with the requirements of this part 3320
and board rules in any jurisdiction not participating as an independent21
contractor.22
(2.9) The division or
AN independent contractor at the request of23
the division may, at the division's sole discretion, inspect the
AN24
installation of any manufactured home performed by a certified installer25
pursuant to this subsection (2.9) and may require the certified installer to26
correct, within a period established by rule promulgated by the board, any27
1242
-20- defects or deficiencies in the installation. The division may revoke the1
certification of any installer certified pursuant to this subsection (2.9)2
when, in the judgment of the division, the installer has performed3
installations of a manufactured home AN INSTALLATION in violation of the4
requirements of this part 33 OR BOARD RULES ADOPTED UNDER THIS PART5
33. Any installer whose certification has been so revoked may apply for6
recertification in accordance with rules promulgated by the division.7
(3) (a) The division may fine
A REGISTERED INSTALLER OR8
suspend or revoke the registration of a registered installer if the installer9
fails to:10
(II) Otherwise pay to the owner or occupant of a manufactured11
home
OR TINY HOME:12
(C) A refund of any money paid up front that did not result in a13
complete installation of the manufactured home
BY THE INSTALLER or the14
cost of completing THAT WAS USED TO PAY A DIFFERENT REGISTERED15
INSTALLER TO COMPLETE the installation. by a different registered16
installer.17
(b) (I) A financial institution or authorized insurer is required to18
make payment to the division making WHEN THE DIVISION MAKES a claim19
against the letter of credit, certificate of deposit, or surety bond:20
(A) If a court of competent jurisdiction has rendered a final21
judgment in favor of the division based on a finding that the registered22
installer failed to perform on the installation of the manufactured home23
as required by this part 33 or board rules; or24
(B) upon a ceasing of business operations or a bankruptcy filing25
by the registered installer IF THE REGISTERED INSTALLER CEASES BUSINESS26
OPERATIONS OR FILES FOR BANKRUPTCY .27
1242
-21- (II) THE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF1
any installer who fails to provide a letter of credit, certificate of deposit,2
or surety bond as required by section 24-32-3315 (2) and (6) or who3
otherwise fails to pay any judgment by a court of competent jurisdiction4
in favor of the division. is subject to the suspension or revocation of the5
registration by the division.6
(4) An owner or a registered installer must display an installation7
authorization at the site of AT WHICH a manufactured home OR TINY HOME8
IS to be installed until an installation insignia is issued by the division or9
independent contractor, unless the installation is occurring in a10
jurisdiction where a local government is participating as an independent11
contractor. in which case IF THE LOCAL GOVERNMENT IS AN INDEPENDENT12
CONTRACTOR, the owner or registered installer is to SHALL follow the13
local government's process for identifying a manufactured home
OR TINY14
HOME to be installed until the division's installation insignia is issued by15
the local government.16
(5) (a) The division shall adopt rules that specify a standard form17
to be used statewide by the division or an independent contractor as a18
certificate of installation certifying that a manufactured home
OR TINY19
HOME was installed in compliance with the provisions of
this part 33.20
However, the certificate of installation applies only to
AN installation of21 a manufactured home built in a factory and components shipped with the22
manufactured home as reflected in the approved plans for the23
manufactured home OR OF A TINY HOME. The certificate of installation24
must include but not be limited to the following:25
(b) If a vacant manufactured home
OR TINY HOME fails an26
installation inspection because of conditions that endanger the health or27
1242
-22- safety of the occupant, the manufactured home OR TINY HOME cannot be1
occupied
UNTIL THE DEFECTS OR DEFICIENCIES THAT FORM THE BASIS OF2
THE FAILED INSPECTION ARE CORRECTED. If a manufactured home OR TINY3
HOME fails an installation inspection because of conditions that do not4
endanger the health or safety of the occupant, the manufactured home
OR5
TINY HOME may be occupied pending the correction of those defects or6
deficiencies that served as the basis of the failed inspection.7
(6) In addition to inspections performed pursuant to subsection8
(2.9) of this section, the division or the independent contractor that9
performs inspections and enforcement of proper installation of
10
manufactured homes INSTALLATIONS may inspect the AN installation of11
a manufactured home upon request filed by the owner, installer,12
manufacturer, or seller. of the manufactured home. The PARTY13
REQUESTING THE inspection must be paid for by the party that requested14
PAY FOR the inspection.15
(7) If the AN installation of a manufactured home by an installer16
has failed FAILS the inspection conducted by the division or the17
independent contractor and it is determined by the division or the18
independent contractor
DETERMINES that the installer has FAILED TO19
COMPLY WITH THE MANUFACTURER 'S INSTRUCTIONS OR violated any of the20
installation standards promulgated by the division, the installer must
21
SHALL reimburse the party requesting the inspection for the cost of the22
failed inspection and must pay for any subsequent repairs necessary to23
bring the installation into compliance with the manufacturer's instructions24
or standards promulgated by the division. The installer must SHALL also25
pay for any subsequent inspections required by the division or the26
independent contractor. Failure of the installer to pay for any inspections27
1242
-23- or subsequent repairs deemed necessary by the division or the1
independent contractor shall result RESULTS in the forfeiture of the2
installer's performance bond on behalf of the owner. of the manufactured3
home.4
(8) (a) The division may authorize an independent contractor to5
perform inspections and enforcement of proper installation of6
manufactured homes INSTALLATIONS.7
(b) (I) The division may SHALL provide training for independent8
contractors
TO PERFORM INSTALLATION INSPECTIONS. THE TRAINING MUST9
ENABLE INDEPENDENT CONTRACTORS WHO SUCCESSFULLY COMPLETE THE10
TRAINING TO BE CERTIFIED BY THE DIVISION. Independent contractors must11
be certified by the division to perform installation inspections.12
(II) T
HE DIVISION MAY ACCEPT GIFTS, GRANTS, OR DONATIONS FOR13
THE TRAINING OF INDEPENDENT CONTRACTORS . THE DIVISION SHALL14
TRANSMIT ANY GIFTS, GRANTS, OR DONATIONS IT RECEIVES TO THE STATE15
TREASURER FOR DEPOSIT IN THE BUILDING REGULATION FUND CREATED IN16
SECTION 24-32-3309.17
(c) The division must
SHALL establish by rule the qualifications of18
an inspector and the areas of expertise necessary for inspecting19
manufactured homes On and after July 1, 2008, OR TINY HOMES. A new20
inspector must pass a division-approved installation test. The21
qualifications for an inspector include but are not limited to those of a22
professional civil engineer, or local housing inspector, or independent23
contractor. Commencing in 2009, Inspectors must SHALL also complete24
and maintain records of the completion of division-approved education25
as established by the board through rulemaking BY RULE.26
(9) If an installation or subsequent repair of an installation by an27
1242
-24- installer fails to COMPLY WITH THE MANUFACTURER 'S INSTRUCTIONS OR1
meet the standards promulgated by the division within a period2
determined by the division, the division must SHALL investigate the3
actions of the installer. The division may revoke, suspend, or refuse to4
renew the registration or certification of the installer for failing to comply5
with the
MANUFACTURER'S INSTRUCTIONS OR THE division's standards6
regarding
AN installation. of a manufactured home.
Any independent7
contractor that knows of an installer whose installations fail HAVE FAILED8
inspection and have not been cured by subsequent repair must SHALL9
request that the division investigate the installer.10
(10) The board must SHALL adopt rules concerning:11
(e) Any other rule MATTER necessary for the implementation of12
manufactured home THE installation requirements in this part 33.13
SECTION 15. In Colorado Revised Statutes, amend 24-32-331814
as follows:15
24-32-3318. Local installation standards preempted.16
(1) E
XCEPT AS AUTHORIZED IN SECTION
24-32-3329, a local government17
may SHALL not adopt less stringent standards for the AN installation of a18
manufactured home than those promulgated by the division. A local19
government may SHALL not, without express consent by the division,20
adopt different standards than the standards for the AN installation of a21
manufactured home promulgated by the division.22
(2) (a) Nothing in this section may preclude PROHIBITS a local23
government from enacting standards for
TINY
HOMES, mobile HOMES, or24
modular homes concerning unique public safety requirements related to25
geographic or climatic conditions, such as weight restrictions for roof26
snow loads, or wind shear factors, OR WILDFIRE RISK, as otherwise27
1242
-25- permitted by law.1
(b) U
NLESS THE UNITED STATES DEPARTMENT OF HOUSING AND2
URBAN DEVELOPMENT HAS GRANTED AN EXEMPTION TO A LOCAL3
GOVERNMENT, a local government may
SHALL not impose:4
(I) Weight restrictions for roof snow loads or wind shear factors5
on a manufactured home built to the federal manufactured home6
construction and safety standards that are different from what has been7
zoned for the state of Colorado by the United States department of8
housing and urban development pursuant to the federal act; or impose9
(II) Any other requirements that would impact the design and10
construction of the
MANUFACTURED home. unless an exemption has been
11
granted for that jurisdiction by the United States department of housing12
and urban development.13
(3) Nothing in this section prohibits a local government from14
requiring on-site mitigation to address unique public safety requirements15
related to geographic and climatic conditions, such as weight restrictions16
for roof snow loads, and wind shear factors, OR WILDFIRE RISK on a17
manufactured home built to the federal manufactured home construction18
and safety standards, so long as there is no interference with the federal19
standards for the design and construction of the manufactured home.20
SECTION 16. In Colorado Revised Statutes, amend 24-32-332121
as follows:22
24-32-3321. Investigations of consumer complaints. The23
division may investigate complaints filed by owners, occupants, or other24
consumers relating to the construction of factory-built structures and25
manufactured homes, and the sale or installation OR SALE of26
manufactured homes
AND TINY HOMES as necessary to enforce and27
1242
-26- administer this part 33.1
SECTION 17. In Colorado Revised Statutes, repeal 24-32-33222
as follows:3
24-32-3322. Training of inspectors - acceptance of gifts,4
grants, and donations. (1) On and after July 1, 2000, the division must5
train independent contractors to perform installation inspections for6
manufactured homes. The training must enable independent contractors7
who successfully complete the training to become certified by the8
division.9
(2) On and after July 1, 2000, the division may accept gifts,10
grants, or donations for the training of independent contractors. The gifts,11
grants, or donations received must be transmitted to the state treasurer12
who must credit the money to the building regulation fund created in13
section 24-32-3309.14
SECTION 18. In Colorado Revised Statutes, amend 24-32-332315
as follows:16
24-32-3323. Sellers of manufactured homes and tiny homes -17
registration. (1) Any seller is required to register with the division18
before engaging in the business of selling manufactured homes to be OR19
TINY HOMES IF EITHER IS installed in Colorado.20
(2) An application A PERSON APPLYING for a registration or21
renewal required by this section must be submitted SUBMIT THE22
APPLICATION on a form provided by the division and must be verified23
VERIFY THE APPLICATION by a declaration signed and dated, under penalty24
of perjury, by a principal of the manufactured home seller. The25
application must contain, in addition to such ANY other information26
regarding the conduct of the manufactured home seller's business as THAT27
1242
-27- the division may reasonably require, the name, address, E-MAIL ADDRESS,1
and position of each principal of the manufactured home seller and each2
person who exercises management responsibilities as part of the3
manufactured home seller's business activities. The application must also4
contain the address,
E-MAIL ADDRESS, and telephone number of each retail5
location operated by the applicant, as well as the location and account6
number of the separate fiduciary account required by section 24-32-33247
(1) and any board rules. The division must preserve the application and8
declaration and make them available for public inspection.9
(3) (a) T
HE DIVISION SHALL REGISTER AN APPLICANT THAT10
COMPLIES WITH SUBSECTION (2) OF THIS SECTION AND THAT IS QUALIFIED11
IN ACCORDANCE WITH THIS SECTION AND THE RULES PROMULGATED12
UNDER THIS SECTION.13
(b) A registration issued pursuant to subsection (2)
UNDER14
SUBSECTION (3)(a) of this section is valid for one year TWELVE MONTHS15
after the date of issuance. The amount of the DIVISION SHALL NOT SET THE16
registration fee cannot be AT AN AMOUNT OF more than two hundred17
dollars.18
(c) If, after issuance of a registration REGISTERING A SELLER, any19
of the required information submitted with the application for the20
registration pursuant to subsection (2) of this section becomes inaccurate,21
a principal of the manufactured home seller must SHALL notify the22
division in writing of the inaccuracy within thirty days and provide the23
division with accurate updated information.24
(4) For purposes of this section, a person is not a seller if the25
person:26
(a) Is a natural person acting personally in selling a manufactured27
1242
-28- home owned or leased by the person OR A TINY HOME OWNED OR LEASED1
BY THE PERSON;2
(b) Sells a manufactured home
OR A TINY HOME in the course of3
engaging in activities that are subject to the provisions of
article 10 of4
title 12 or activities that would be subject to the provisions but for a5
specific exemption set forth in article 10 of title 12 OR AN EXEMPTION SET6
FORTH IN ARTICLE 10 OF TITLE 12;7
(c) Sells a manufactured home
OR A TINY HOME for salvage or8
nonresidential use;9
(d) Directly or indirectly sells, in any calendar year, three or fewer10
previously occupied manufactured homes that
OR TINY HOMES THAT are11
owned by a manufactured MOBILE home park owner and are located12
within one or more manufactured MOBILE home parks in Colorado; or13
(e) For a salary, commission, or compensation of any kind, is14
employed directly or indirectly by any registered manufactured home15
seller to sell or negotiate for the sale of manufactured homes
OR TINY16
HOMES.17
SECTION 19. In Colorado Revised Statutes, 24-32-3324, amend18
(2) as follows:19
24-32-3324. Escrow and bonding requirements - rules.20
(2) (a) A seller must provide a letter of credit
OR certificate of deposit21
issued by a licensed financial institution or surety bond issued by an22
authorized insurer in an amount and
IN ACCORDANCE WITH THE process23
established by the board through rulemaking
BY RULE.24
(b) A financial institution or authorized insurer is required to25
make payment to the division making WHEN THE DIVISION MAKES a claim26
against the letter of credit, certificate of deposit, or surety bond:27
1242
-29- (I) If a court of competent jurisdiction has rendered a final1
judgment in favor of the division based on a finding that the registered2
seller failed to:3
(A) Deliver the manufactured home
OR TINY HOME or refund4
payments made toward the purchase of the manufactured home pursuant
5
to OR OF THE TINY HOME AS REQUIRED BY this part 33 or board rules; or6
(B) Provide a reasonable per diem living expense in violation of7
the contractual provisions required by section 24-32-3325; or8
(II) Upon a ceasing of business operations or a bankruptcy filing9
by the registered seller IF THE REGISTERED SELLER CEASES BUSINESS10
OPERATIONS OR FILES FOR BANKRUPTCY .11
(c) T
HE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF12
any seller who
THAT fails to provide a letter of credit, certificate of13
deposit, or surety bond as required by this subsection (2) or who THAT14
otherwise fails to pay any judgment by a court of competent jurisdiction15
in favor of the division. is subject to the suspension or revocation of the16
registration by the division.17
SECTION 20. In Colorado Revised Statutes, 24-32-3325, amend18
(1) introductory portion, (1)(a), (1)(c), (1)(d), and (2) as follows:19
24-32-3325. Contract for sale of manufactured home or tiny20
home - requirements. (1) A seller must provide a contract with the sale21
of each manufactured home
OR TINY HOME and make the following22
disclosures in any contract for the sale of a manufactured home
OR TINY23
HOME:24
(a) That the purchaser may have no legal right to rescind the25
contract absent delinquent delivery of the manufactured home
or the26
existence of a specific right of rescission set forth in the contract;27
1242
-30- (c) That an aggrieved person may file a complaint WITH THE1
DIVISION AGAINST THE SELLER for a refund of any payment held in escrow2
by a seller; of manufactured homes against the seller with the division;3
and4
(d) That an aggrieved person may bring a civil action pursuant to5
the provisions of the "Colorado Consumer Protection Act", section6
6-1-709, to remedy violations of manufactured home seller requirements7
in this part 33. However, damages are limited in accordance with the8
provisions of section 6-1-113 (2.5).9
(2) A contract for the sale of a manufactured home
OR TINY HOME10
by a seller must also contain the following provisions:11
(a) E
ITHER:12
(I) A date certain for the delivery of the manufactured home
OR13
TINY HOME; or14
(II) A listing of specified delivery preconditions that must occur15
before a date certain for delivery can be determined;16
(b) A statement that if delivery of the manufactured home
OR TINY17
HOME is delayed by more than sixty days after the delivery date specified18
in the contract of sale or by more than sixty days after the delivery19
preconditions set forth in the contract of sale have been met if no date20
certain for delivery has been set, the seller will either refund the21
manufactured home sale
down payment or provide a reasonable per diem22
living expense to the buyer for the days between the delivery date23
specified in the contract or the sixty-first day after the delivery24
preconditions set forth in the contract have been met, whichever is25
applicable, and the actual date of delivery, unless the delay in delivery is26
unavoidable or caused by the buyer; and27
1242
-31- (c) An agreed upon location for delivery of the manufactured1
home
OR TINY HOME to the purchaser.2
SECTION 21. In Colorado Revised Statutes, 24-32-3326, amend3
(1) introductory portion, (1)(b), (1)(c), and (2) as follows:4
24-32-3326. Unlawful sales practices - manufactured homes5
and tiny homes - fines. (1) A seller engages in an unlawful6
manufactured home sale
OR TINY HOME SALES practice when the person:7
(b) Fails to comply with the escrow and bonding requirements of8
sections 24-32-3323 (2.5) and 24-32-3324, SECTION 24-32-3324 or board9
rules;10
(c) Fails to provide and include in any contract for the sale of a11
manufactured home
OR TINY HOME any of the disclosures or contract12
provisions required by section 24-32-3325; or13
(2) Any
A person found to be selling or have sold THAT SELLS a14
manufactured home
OR TINY HOME in a manner contrary to the
15
requirements of this part 33 OR RULES ADOPTED UNDER THIS PART 33 is16
subject to revocation or suspension of a seller's registration, fines, or any17
other measures as prescribed by rule promulgated by RULES THAT the18
division
PROMULGATES or BY other applicable Colorado law. The division19
may issue a fine of up to ten thousand dollars for each violation. Multiple20
violations of this part 33
OR RULES ADOPTED UNDER THIS PART 33 THAT21
ARE committed during a single sale constitute one violation. Each sale22
performed in violation of this part 33
OR RULES ADOPTED UNDER THIS23
PART 33 constitutes a separate violation. Fines must be paid to the24
division and transmitted to the state treasurer, who must credit the fees
25
FINES to the building regulation fund created in section 24-32-3309.26
SECTION 22. In Colorado Revised Statutes, 24-32-3327, amend27
1242
-32- (1) as follows:1
24-32-3327. Inspections. (1) For the purposes of enforcement of2
this part 33, persons duly designated by the division, upon presenting3
appropriate credentials to the owner, operator, or agent in charge, are4
authorized:5
(a) To enter at reasonable times and without advance notice any6
factory, warehouse, or establishment in which manufactured homes,
TINY7
HOMES, or factory-built structures are manufactured, stored, or held for8
sale;9
(b) To inspect at reasonable times, within reasonable limits, and10
in a reasonable manner, any factory, warehouse, or establishment in11
which manufactured homes,
TINY HOMES, or factory-built structures are12
manufactured, stored, or held for sale and to inspect any books, papers,13
records, and documents that relate to the safety of manufactured homes,14
TINY HOMES, or factory-built structures. Each inspection must be15
commenced and completed with reasonable promptness.16
(c) To enter and inspect, at reasonable times and without advance17
notice, any site on which
A manufactured housing
HOME OR A TINY HOME18
is
BEING or has been installed or reinstalled at or near the time of19
installation or reinstallation; and20
(d) To inspect any books, papers, records, and documents that21
relate to the proper installation of
A manufactured housing
HOME OR A22
TINY HOME.23
SECTION 23. In Colorado Revised Statutes, add 24-32-3328 and24
24-32-3329 as follows:25
24-32-3328. Tiny homes - standards - rules. (1) BY JULY 1,26
2023, THE BOARD SHALL PROMULGATE RULES ESTABLISHING STANDARDS27
1242
-33- FOR THE MANUFACTURE OF TINY HOMES . THE BOARD MAY USE ANY1
NATIONAL OR INTERNATIONAL STANDARD THAT IS APPROPRIATE FOR ALL2
OR A PORTION OF A TINY HOME IF THE BOARD FINDS THAT THE STANDARD3
PROVIDES FOR REASONABLE SAFETY STANDARDS FOR TINY HOME4
OCCUPANTS. THE BOARD MAY MODIFY , BY RULE, ANY NATIONAL OR5
INTERNATIONAL STANDARD ADOPTED UNDER THIS SUBSECTION (1) AS6
NECESSARY FOR USE IN COLORADO.7
(2) T
HE BOARD SHALL ESTABLISH STANDARDS FOR C ONNECTING8
A TINY HOME TO UTILITIES, INCLUDING WATER, SEWER, NATURAL GAS, AND9
ELECTRICITY.10(3) IN PROMULGATING RULES UNDER THIS SECTION , THE BOARD11
SHALL CONSIDER:12
(a) THE IMPORTANCE OF KEEPING TINY HOMES AFFORDABLE ;13
(b) THE UNIQUE CHARACTERISTICS OF TINY HOMES SUCH AS SIZE14
CONSTRAINTS AND CONSTRUCTION ON A CHASSIS SO THAT THEY CAN BE15
MOVED FROM SITE TO SITE;16
(c) THAT MANY TINY HOMES ARE BUILT BY SHOPS PR ODUCING17
FEWER THAN TWENTY UNITS PER YEAR ;18
(d) THAT MANY TINY HOMES ARE CUSTOM-BUILT RATHER THAN19
MASS-PRODUCED MODELS, AND20
(e) THAT MANY TINY HOMES ARE BUILT BY THEIR OWNERS RATHER21
THAN BY COMMERCIAL SHOPS .22
24-32-3329. Local governments inspections of tiny homes -23
connection to utilities - rules. (1) A STATE ELECTRICAL INSPECTOR OR24
A LOCAL GOVERNMENT MAY APPROVE THE CONNECTION OF A TINY HOME25
FOR ELECTRIC UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH26
APPLICABLE CODES AND ST ANDARDS FOR CONNECTION FOR ELECTRIC27
1242
-34- UTILITY SERVICE.1
(2) A STATE PLUMBING INSPECTOR OR A LOCAL GOVERNMENT MAY2
APPROVE THE CONNECTION OF A TINY HOME FOR WATER , GAS, OR SEWER3
UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH APPLICABLE4
CODES AND STANDARDS FOR CONNECTION FOR WATER , GAS, OR SEWER5
UTILITY SERVICE.6
SECTION 24. In Colorado Revised Statutes, amend 24-32-904.57
as follows:8
24-32-904.5. Compliance with national standards -9
recreational park trailers - recreational vehicles. (1) No A person,10
partnership, firm, corporation, or any other entity may SHALL NOT11
manufacture, sell, or offer for sale within this state:12
(a) Any new recreational vehicle that is not manufactured in13
compliance with the American national standards institute's (ANSI's)14
standard A 119.2 NATIONAL FIRE PROTECTION ASSOCIATION'S STANDARD15
1192 for recreational vehicles or any
SUCCESSOR STANDARD OR16
amendment; thereto;
or17
(b) Any new recreational park trailer that is not manufactured in18
compliance with the American national standards institute's (ANSI's)19
standard A 119.5 for recreational park trailers, OR ANY SUCCESSOR20
STANDARD OR AMENDMENT .21
SECTION 25. In Colorado Revised Statutes, 6-1-105, amend22
(1)(ss) as follows:23
6-1-105. Unfair or deceptive trade practices. (1) A person24
engages in a deceptive trade practice when, in the course of the person's25
business, vocation, or occupation, the person:26
(ss) Violates any provision of part 33 of article 32 of title 2427
1242
-35- C.R.S., that applies to the installation of manufactured homes OR TINY1
HOMES;2
SECTION 26. In Colorado Revised Statutes, amend 6-1-709 as3
follows:4
6-1-709. Sales of manufactured and tiny homes - deceptive5
trade practices. A person engages in a deceptive trade practice when, in6
the course of such THE person's business, vocation, or occupation, such7
THE person engages in conduct that constitutes an unlawful manufactured8
home sale practice as SALES PRACTICE OR AN UNLAWFUL TINY HOME9
SALES PRACTICE, AS EITHER SALES PRACTICE IS described in section10
24-32-3326. C.R.S.11
SECTION 27. In Colorado Revised Statutes, 12-115-103, add12
(13) as follows:13
12-115-103. Definitions. As used in this article 115, unless the14
context otherwise requires:15
(13) "T
INY HOME" HAS THE MEANING SET FORTH IN SECTION16
24-32-3302
(35).17
SECTION 28. In Colorado Revised Statutes, 12-115-120, amend18
(1)(c), (2)(a), (2)(c), and (10)(d) as follows:19
12-115-120. Inspection - application - standard - rules.20
(1) (c) A utility shall not provide service to any person required to have21
electrical inspection under this article 115 without proof of final approval22
as provided in subsection (1)(b) of this section; except that
THE UTILITY23
SHALL PROVIDE service:24
(I) shall be provided
In those situations determined by the local25
electrical inspection authority, or by the board, whichever has jurisdiction,26
to be emergency situations for a maximum period of seven days or until27
1242
-36- the inspection has been made; OR1
(II) I
F THE BOARD OR LOCAL ELECTRICAL INSPECTION AUTHORITY2
HAS APPROVED A TINY HOME CONNECTION FOR ELECTRIC UTILITY SERVICE3
IN ACCORDANCE WITH SECTION
24-32-3329.4
(2) (a) The owner of an electrical installation in any new5
construction, other than manufactured units certified by the division of6
housing pursuant to section 24-32-3311
OR A TINY HOME MANUFACTURED7
TO THE STANDARDS OF SECTION 24-32-3328 (1), or remodeling or repair8
of an existing construction, except in any incorporated town or city,9
county, city and county, or qualified state institution of higher education10
having its own electrical code and inspection program equal to the11
minimum standards as are provided in this article 115, shall have the12
electrical portion of the installation, remodeling, or repair inspected by a13
state electrical inspector. A qualified state institution of higher education14
with a building department that meets or exceeds the minimum standards15
adopted by the board under this article 115 shall process applications for16
permits and inspections only from the institution and from contractors17
working for the benefit of the institution and shall conduct inspections18
only of work performed for the benefit of the institution.19
(c) A manufactured home, mobile home,
TINY HOME, or movable20
structure owner shall have the electrical installation for the manufactured21
home, mobile home,
TINY HOME, or movable structure inspected prior to22
obtaining electric service. A
N INSPECTION OF A TINY HOME PERFORMED IN23
ACCORDANCE WITH SECTION 24-32-3329 COMPLIES WITH THIS SUBSECTION24
(2)(c).25
(10) (d) (I) The board shall ensure compliance with this section.26
If the board determines, as a result of a complaint, that an entity other27
1242
-37- than the state is conducting electrical inspections that do not comply with1
this section, the board may issue to that entity an order to show cause, in2
accordance with sections 12-20-405 and 12-115-122 (6), as to why the3
board should not issue a final order directing that entity to cease and4
desist conducting electrical inspections until that entity comes into5
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 electrical inspectors is required after the11
issuance of a final cease-and-desist order pursuant to this subsection12
(10)(d), that entity shall reimburse the board for any expenses incurred in13
performing that entity's inspections, in addition to transmitting the14
required permit fees.15
SECTION 29. In Colorado Revised Statutes, 12-155-103, add16
(13.5) as follows:17
12-155-103. Definitions. As used in this article 155, unless the18
context otherwise requires:19
(13.5) "T
INY HOME" HAS THE MEANING SET FORTH IN SECTION20
24-32-3302
(35).21
SECTION 30. In Colorado Revised Statutes, 12-155-105, amend22
(2) introductory portion as follows:23
12-155-105. Powers of board - fees - rules. (2) Notwithstanding24
any other provisions to the contrary, the board may, with regard to25
manufactured housing that is subject to part 7 of
article 32 of title 24:26
SECTION 31. In Colorado Revised Statutes, 12-155-118, amend27
1242
-38- (3) as follows:1
12-155-118. Exemptions. (3) Nothing in this article 155 shall be2
construed to apply to the manufacture of housing that is subject to the3
provisions of part 7 of article 32 of title 24 or the installation of individual4
residential or temporary construction units of manufactured housing water5
and sewer hookups inspected pursuant to section 12-155-105 SECTION6
12-155-105
(2).7
SECTION 32. In Colorado Revised Statutes, 12-155-120, amend8
(1) and (10)(c) as follows:9
12-155-120. Inspection - application - standards. (1) (a) Any10
plumbing or gas piping installation in any new construction or remodeling11
or repair, other than manufactured units
OR TINY HOMES inspected in12
accordance with the provisions of part 7 of
article 32 of title 24, except13
for the new construction or remodeling or repair in any incorporated town14
or city, county, or city and county, or in a building owned or leased or on15
land owned by a qualified state institution of higher education where the16
local entity or qualified state institution of higher education conducts17
inspections and issues permits, must be inspected by a state plumbing18
inspector.19
(b) A state plumbing inspector shall inspect any new construction,20
remodeling, or repair subject to the provisions of this subsection (1)21
within three working days after the receipt of the application for22
inspection.23
(c) Prior to the commencement of any plumbing or gas piping24
installation, the person making the installation shall apply for a permit25
and pay the required fee.26
(d) Every mobile home,
TINY HOME, or movable structure owner27
1242
-39- shall have the plumbing and gas piping hookup for the mobile home, TINY1
HOME, or movable structure inspected prior to obtaining new or different2
plumbing or gas service. A
N INSPECTION OF A TINY HOME PERFORMED IN3
ACCORDANCE WITH SECTION 24-32-3329 COMPLIES WITH THIS SUBSECTION4
(1)(d).5
(e) A qualified state institution of higher education with a building6
department that meets or exceeds the minimum standards adopted by the7
board under this article 155 shall process applications for permits and8
inspections only from the institution and from contractors working for the9
benefit of the institution, and shall conduct inspections only of work10
performed for the benefit of the institution. Each inspection must include11
a contemporaneous review to ensure that the requirements of section12
12-155-108 have been met. A qualified state institution of higher13
education shall enforce standards that are at least as stringent as any14
minimum standards adopted by the board.15
(10) (c) (I) The board shall ensure compliance with this section.16
If the board determines, as a result of a formal complaint, that an17
inspecting entity is conducting plumbing inspections that do not comply18
with this section, the board may issue to the inspecting entity an order to19
show cause, in accordance with section 12-155-105 (1)(m), as to why the20
board should not issue a final order directing the inspecting entity to cease21
and desist conducting plumbing inspections until the inspecting entity22
comes into compliance to the satisfaction of the board.23
(II) T
HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO24
AN INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE25
OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN26
APPROVED IN ACCORDANCE WITH SECTION 24-32-3329.27
1242
-40- (III) If the use of state plumbing inspectors is required after the1
issuance of a final cease-and-desist order pursuant to this subsection2
(10)(c), the inspecting entity shall reimburse the board for any expenses3
incurred in performing the inspecting entity's inspections, in addition to4
transmitting the required permit fees.5
SECTION 33. In Colorado Revised Statutes, 38-12-201.5,6
amend (5) as follows:7
38-12-201.5. Definitions. As used in this part 2 and in part 11 of8
this article 12, unless the context otherwise requires:9
(5) "Mobile home" means:10
(a) A single-family dwelling that is built on a permanent chassis;11
is designed for long-term residential occupancy; contains complete12
electrical, plumbing, and sanitary facilities; is designed to be installed in13
a permanent or semipermanent manner with or without a permanent14
foundation; and is capable of being drawn over public highways as a unit15
or in sections by special permit; or16
(b) A manufactured home, as defined in section 38-29-102 (6), if17
the manufactured home is situated in a mobile home park;
OR18
(c) A
TINY HOME, AS DEFINED IN SECTION 24-32-3302 (35), THAT19
IS USED AS A LONG-TERM RESIDENCE IN THE MOBILE HOME PARK .20
SECTION 34. In Colorado Revised Statutes, 39-1-102, amend21
(14.3); and add (16.3) as follows:22
39-1-102. Definitions. As used in articles 1 to 13 of this title 39,23
unless the context otherwise requires:24
(14.3) "Residential improvements" means a building, or that25
portion of a building, designed for use predominantly as a place of26
residency by a person, a family, or families. The term includes buildings,27
1242
-41- structures, fixtures, fences, amenities, and water rights that are an integral1
part of the residential use. The term also includes a manufactured home,2
as defined in subsection (7.8) of this section, a mobile home, as defined3
in subsection (8) of this section, and a modular home, as defined in4
subsection (8.3) of this section AND A TINY HOME.5
(16.3) "TINY HOME" MEANS A TINY HOME, AS DEFINED IN SECTION6
24-32-3302 (35), THAT IS CERTIFIED BY THE DIVISION OF HOUSING IN THE7
DEPARTMENT OF LOCAL AFFAIRS TO BE DESIGNED FOR LONG-TERM8
RESIDENCY AND THAT IS NOT REGISTERED IN ACCORDANCE WITH ARTICLE9
3 OF TITLE 42.10
SECTION 35. In Colorado Revised Statutes, 39-26-721, amend11
(3) as follows:12
39-26-721. Manufactured homes and tiny homes.13
(3) Beginning July 1, 2019, The sale, storage, usage, or consumption of14
a manufactured home, as defined in section 39-1-102 (7.8),
OR A TINY15
HOME, AS DEFINED IN SECTION 24-32-3302 (35), is exempt from taxation16
under parts 1 and 2 of this article 26.17
SECTION
36. In Colorado Revised Statutes, 29-2-105, amend18
(1)(d)(I) introductory portion and (1)(d)(I)(P) as follows:19
29-2-105. Contents of sales tax ordinances and proposals.20
(1) The sales tax ordinance or proposal of any incorporated town, city,21
or county adopted pursuant to this article 2 shall be imposed on the sale22
of tangible personal property at retail or the furnishing of services, as23
provided in subsection (1)(d) of this section. Any countywide or24
incorporated town or city sales tax ordinance or proposal shall include the25
following provisions:26
(d) (I) A provision that the sale of tangible personal property and27
1242
-42- services taxable pursuant to this article 2 shall be IS the same as the sale1
of tangible personal property and services taxable pursuant to section2
39-26-104, except as otherwise provided in this subsection (1)(d). The3
sale of tangible personal property and services taxable pursuant to this4
article 2 shall be IS subject to the same sales tax exemptions as those5
specified in part 7 of article 26 of title 39; except that the sale of the6
following may be exempted from a town, city, or county sales tax only by7
the express inclusion of the exemption either at the time of adoption of8
the initial sales tax ordinance or resolution or by amendment thereto:9
(P) The exemption for manufactured homes
AND TINY HOMES set10
forth in section
39-26-721 (3).11
SECTION 37. Appropriation. (1) For the 2022-23 state fiscal12
year, $227,612 is appropriated to the department of local affairs. This13
appropriation is from the general fund. To implement this act, the14
department may use this appropriation as follows:15
(a) $127,071 for use by the division of housing for manufactured16
buildings program, which amount is based on an assumption that the17
division will require an additional 1.4 FTE;18
(b) $51,256 for use by the executive director's office for legal19
services; 20
(c) $2,379 for use by the executive director's office for vehicle21
lease payments; and22
(d) $46,906 for use by the executive director's office for payments23
to OIT.24
(2) For the 2022-23 state fiscal year, $51,256 is appropriated to25
the department of law. This appropriation is from reappropriated funds26
received from the department of local affairs under subsection (1)(b) of27
1242
-43- this section and is based on an assumption that the department of law will1
require an additional 0.3 FTE. To implement this act, the department of2
law may use this appropriation to provide legal services for the3
department of local affairs.4
(3) For the 2022-23 state fiscal year, $2,379 is appropriated to the5
department of personnel. This appropriation is from reappropriated funds6
received from the department of local affairs under subsection (1)(c) of7
this section. To implement this act, the department of personnel may use8
this appropriation to provide vehicles to the department of local affairs.9
(4) For the 2022-23 state fiscal year, $46,906 is appropriated to10
the office of the governor for use by the office of information technology.11
This appropriation is from reappropriated funds received from the12
department of local affairs under subsection (1)(d) of this section. To13
implement this act, the office may use this appropriation to provide14
information technology services for the department of local affairs.15
(5) For the 2022-23 state fiscal year, $86,946 is appropriated to16
the department of regulatory agencies. This appropriation is from the17
division of professions and occupations cash fund created in section18
12-20-105 (3), C.R.S. To implement this act, the department may use this19
appropriation as follows:20
(a) $50,440 for use by the division of professions and occupations21
for personal services, which amount is based on an assumption that the22
division will require an additional 0.9 FTE;23
(b) $26,989 for use by the division of professions and occupations24
for operating expenses; and25
(c) $9,517 for use by the executive director's office and26
administrative services for vehicle lease payments.27
1242
-44- (6) For the 2022-23 state fiscal year, $9,517 is appropriated to the1
department of personnel. This appropriation is from reappropriated funds2
received from the department of local affairs under subsection (5)(c) of3
this section. To implement this act, the department of personnel may use4
this appropriation to provide vehicles to the department of regulatory5
agencies.6
SECTION 38. Act subject to petition - effective date -7
applicability. (1) This act takes effect at 12:01 a.m. on the day following8
the expiration of the ninety-day period after final adjournment of the9
general assembly; except that, if a referendum petition is filed pursuant10
to section 1 (3) of article V of the state constitution against this act or an11
item, section, or part of this act within such period, then the act, item,12
section, or part will not take effect unless approved by the people at the13
general election to be held in November 2022 and, in such case, will take14
effect on the date of the official declaration of the vote thereon by the15
governor.16
(2) This act applies to acts committed on or after the applicable17
effective date of this act.18
1242
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