Colorado 2022 Regular Session

Colorado House Bill HB1242 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-third General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 22-0415.01 Jery Payne x2157
1	8		HOUSE BILL 22-1242
2		-	BY REPRESENTATIVE(S) Kipp and Exum, Benavidez, Bernett, Bird,
3		-	Boesenecker, Cutter, Daugherty, Duran, Esgar, Froelich, Herod, Hooton,
4		-	Jodeh, Kennedy, Lindsay, Lontine, McCluskie, McCormick, McLachlan,
5		-	Michaelson Jenet, Mullica, Ortiz, Sirota, Snyder, Sullivan, Titone,
6		-	Valdez A.;
7		-	also SENATOR(S) Ginal and Hisey, Bridges, Buckner, Donovan,
8		-	Hinrichsen, Jaquez Lewis, Lee, Liston, Moreno, Priola, Rodriguez, Winter,
9		-	Woodward, Zenzinger, Fenberg.
	9	+	House Committees Senate Committees
	10	+	Transportation & Local Government Business, Labor, & Technology
	11	+	Finance Finance
	12	+	Appropriations Appropriations
	13	+	A BILL FOR AN ACT
10	14		C
11		-	ONCERNING THE REGULATION OF STRUCTURES THAT ARE MANUFACTURED
12		-	AT A LOCATION THAT IS NOT AT THE SITE WHERE THE STRUCTURE IS
13		-	OCCUPIED
14		-	, AND, IN CONNECTION THEREWITH , MAKING AN
15		-	APPROPRIATION
16		-	.
17		-
18		-	Be it enacted by the General Assembly of the State of Colorado:
19		-	SECTION 1. In Colorado Revised Statutes, 24-32-3301, amend (1)
20		-	introductory portion, (1)(b), (1)(c), (1)(d), (1)(e), (2)(b), (2)(c), (2)(d), and
21		-	(3); and add (1)(f) and (2)(e) as follows:
22		-	24-32-3301. Legislative declaration. (1) The general assembly
23		-	hereby finds, determines, and declares that mobile homes, manufactured
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. housing, and factory-built housing STRUCTURES are important and effective
32		-	ways to meet Colorado's affordable housing needs. The general assembly
33		-	further finds and declares that, because of the housing crisis in Colorado,
34		-	there is a need to promote the affordability and accessibility of new
35		-	manufactured
36		-	HOMES and factory-built housing STRUCTURES. The general
37		-	assembly encourages local governments to enact ordinances and rules that
38		-	effectively treat factory-built housing
39		-	STRUCTURES certified through the
40		-	state program and manufactured housing certified through the federal
41		-	program the same as site-built homes. The general assembly further finds,
42		-	determines, and declares that:
	15	+	ONCERNING THE REGULATION OF STRUCTURES THAT ARE101
	16	+	MANUFACTURED AT A LOCATION THAT IS NOT AT THE SITE102
	17	+	WHERE THE STRUCTURE IS
	18	+	OCCUPIED, AND, IN CONNECTION103
	19	+	THEREWITH, MAKING AN APPROPRIATION .104
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	Current law regulates the manufacturers, sellers, and installers of
	28	+	manufactured homes. This regulation includes requirements for the
	29	+	installation of manufactured homes, contract and disclosure requirements,
	30	+	SENATE
	31	+	3rd Reading Unamended
	32	+	May 9, 2022
	33	+	SENATE
	34	+	2nd Reading Unamended
	35	+	May 6, 2022
	36	+	HOUSE
	37	+	3rd Reading Unamended
	38	+	April 27, 2022
	39	+	HOUSE
	40	+	Amended 2nd Reading
	41	+	April 26, 2022
	42	+	HOUSE SPONSORSHIP
	43	+	Kipp and Exum, Benavidez, Bernett, Bird, Boesenecker, Cutter, Daugherty, Duran, Esgar,
	44	+	Froelich, Herod, Hooton, Jodeh, Kennedy, Lindsay, Lontine, McCluskie, McCormick,
	45	+	McLachlan, Michaelson Jenet, Mullica, Ortiz, Sirota, Snyder, Sullivan, Titone, Valdez A.
	46	+	SENATE SPONSORSHIP
	47	+	Ginal and Hisey, Bridges, Buckner, Donovan, Fenberg, Hinrichsen, Jaquez Lewis, Lee,
	48	+	Liston, Moreno, Priola, Rodriguez, Winter, Woodward, Zenzinger
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing statute.
	51	+	Dashes through the words indicate deletions from existing statute. and the registration, escrow, reimbursement, bonding, and inspections of
	52	+	the manufacturers, installers, and sellers. In addition, the state housing
	53	+	board (board) sets standards for the proper manufacture and installation
	54	+	of manufactured homes. The board consults with an advisory committee
	55	+	when promulgating rules.
	56	+	The bill adds tiny homes, which are typically manufactured, to this
	57	+	regulation on substantially similar terms. This includes adding 2
	58	+	representatives of the tiny home industry to the advisory committee. The
	59	+	board is given the duty to regulate foundations for manufactured homes
	60	+	and factory-built structures where no construction standards otherwise
	61	+	exist.
	62	+	In addition to adding tiny homes to these provisions, the bill
	63	+	addresses tiny home regulation in the following manner:
	64	+	! The board shall promulgate rules establishing specific
	65	+	standards for tiny homes. When the national or
	66	+	international standard is created, the board may use that
	67	+	standard. The board may modify these standards as
	68	+	necessary.
	69	+	! The board shall establish standards for connecting a tiny
	70	+	home to utilities, including water, sewer, natural gas, and
	71	+	electricity;
	72	+	! A local government may require the inspection of a tiny
	73	+	home manufactured before July 1, 2023, if the tiny home is
	74	+	not manufactured in accordance with the board's standards;
	75	+	! A state electrical inspector or a local government may
	76	+	approve the connection of a tiny home for electric utility
	77	+	service if the tiny home is in compliance with applicable
	78	+	codes and standards for connection for electric utility
	79	+	service; and
	80	+	! A state plumbing inspector or a local government may
	81	+	approve the connection of a tiny home for water, gas, or
	82	+	sewer utility service if the tiny home is in compliance with
	83	+	applicable codes and standards for connection for water,
	84	+	gas, or sewer utility service.
	85	+	If a tiny home is approved for connection to utilities through the
	86	+	process described above, the tiny home may be connected to the
	87	+	appropriate utilities. Current law governing the connection to each utility
	88	+	is amended to avoid conflicts with the process established in the bill.
	89	+	Selling or installing a tiny home without complying with the bill
	90	+	is declared a deceptive trade practice, which subjects a violator to
	91	+	damages in a lawsuit, a class 1 misdemeanor, and civil penalties of:
	92	+	! Up to $20,000 per violation;
	93	+	! Up to $10,000 for violating a court order or injunction; and
	94	+	! Up to $50,000 per violation if the victim is an elderly
	95	+	person.
	96	+	1242
	97	+	-2- Current law regulates mobile home parks, including notice
	98	+	requirements, lease termination limits and requirements, security deposit
	99	+	regulations, entry fee prohibitions, antitrust prohibitions, selling fee
	100	+	prohibitions, kickback prohibitions, retaliation prohibitions, regulation of
	101	+	how and if park rules are established, a right of first refusal when the
	102	+	owner wants to sell the mobile home park, a peaceful enjoyment right,
	103	+	and remedy provisions. The bill includes tiny homes under these
	104	+	provisions.
	105	+	Current law exempts manufactured homes from sales and use tax.
	106	+	The bill adds tiny homes to this exemption.
	107	+	Be it enacted by the General Assembly of the State of Colorado:1
	108	+	SECTION 1. In Colorado Revised Statutes, 24-32-3301, amend2
	109	+	(1) introductory portion, (1)(b), (1)(c), (1)(d), (1)(e), (2)(b), (2)(c), (2)(d)3
	110	+	and (3); and add (1)(f) and (2)(e) as follows:4
	111	+	24-32-3301. Legislative declaration. (1) The general assembly5
	112	+	hereby finds, determines, and declares that mobile homes, manufactured6
	113	+	housing, and factory-built housing
	114	+	STRUCTURES are important and7
	115	+	effective ways to meet Colorado's affordable housing needs. The general8
	116	+	assembly further finds and declares that, because of the housing crisis in9
	117	+	Colorado, there is a need to promote the affordability and accessibility of10
	118	+	new manufactured
	119	+	HOMES and factory-built housing
	120	+	STRUCTURES. The11
	121	+	general assembly encourages local governments to enact ordinances and12
	122	+	rules that effectively treat factory-built housing STRUCTURES certified13
	123	+	through the state program and manufactured housing certified through the14
	124	+	federal program the same as site-built homes. The general assembly15
	125	+	further finds, determines, and declares that:16
43	126		(b) The comprehensive regulation of the installation of
44		-	MOBILE
	127	+	MOBILE17
	128	+	HOMES, manufactured homes, OR TINY HOMES to ensure safety,18
	129	+	affordability, efficiency, and performance is a matter of statewide and19
	130	+	local concern.20
	131	+	1242-3- (c) The protection of Colorado consumers who purchase1
	132	+	manufactured homes
	133	+	OR TINY HOMES from fraud and other unfair business2
	134	+	practices is a matter of statewide concern and consumers can best be3
	135	+	protected by:4
	136	+	(I) Requiring registration of persons engaged in the business of5
	137	+	selling manufactured homes
	138	+	OR TINY HOMES;6
	139	+	(II) Imposing escrow and bonding requirements upon persons7
	140	+	engaged in the business of
	141	+	MANUFACTURING OR selling manufactured8
45	142		homes
46		-	, manufactured homes, OR TINY HOMES to ensure safety, affordability,
47		-	efficiency, and performance is a matter of statewide and local concern.
48		-	(c) The protection of Colorado consumers who purchase
	143	+	OR TINY HOMES; and9
	144	+	(III) Requiring persons engaged in the business of selling10
49	145		manufactured homes
50		-	OR TINY HOMES ~~from fraud and other unfair business~~
51		-	~~practices is~~ a ~~matter of statewide concern and consumers can best be~~
52		-	~~protected by:~~
53		-	~~(I) Requiring registration of persons engaged in the business of~~
54		-	~~selling manufactured homes~~
55		-	~~OR TINY HOMES;~~
56		-	~~(II) Imposing escrow and bonding requirements upon persons~~
57		-	~~engaged in~~ the ~~business of~~
58		-	~~MANUFACTURING OR selling manufactured~~
59		-	~~homes~~
60		-	~~OR TINY~~ HOMES~~; and~~
61		-	~~(III) Requiring persons engaged in~~ the ~~business of selling~~
	146	+	OR TINY HOMES to include specified disclosures and11
	147	+	provisions in any contract for the sale of a manufactured home
	148	+	OR TINY12
	149	+	HOME.13
	150	+	(d) The imposition of registration requirements upon
	151	+	THE sellers14
	152	+	of manufactured homes
	153	+	OR TINY HOMES by both the state and political15
	154	+	subdivisions of the state would impose an undue burden upon
	155	+	THE sellers16
	156	+	of manufactured homes
	157	+	OR TINY HOMES and discourage the sale of17
62	158		manufactured homes
63		-	OR TINY HOMES to include specified disclosures and
64		-	provisions in any contract for the sale of a manufactured home
65		-	OR TINY
	159	+	OR TINY HOMES.18
	160	+	(e) The registration, escrow and bonding, and contract19
	161	+	requirements imposed on
	162	+	THE sellers of manufactured homes OR TINY20
	163	+	HOMES by this part 33 are exclusive, and no
	164	+	A political subdivision of the21
	165	+	state may SHALL NOT impose any additional registration, escrow and22
	166	+	bonding, or contract requirements on the sellers.23
	167	+	(f) T
	168	+	HE REGULATION OF TINY HOMES IS NECESSARY TO PROTECT24
	169	+	CONSUMER SAFETY AND
	170	+	RECOGNIZE TINY HOMES AS AN AFFORDABLE25
	171	+	HOUSING ALTERNATIVE.26
	172	+	(2) The general assembly further declares that in enacting this part27
	173	+	1242
	174	+	-4- 33, it is the intent of the general assembly that the division establish,1
	175	+	through the board, rules as it deems necessary to ensure:2
	176	+	(b) Consumer safety in the purchase of manufactured homes
	177	+	OR3
	178	+	TINY HOMES;4
	179	+	(c) The registration of manufactured home
	180	+	installers and the5
	181	+	creation of uniform standards for the installation of manufactured homes6
	182	+	INSTALLATION on a statewide basis; and7
	183	+	(d) The safety, affordability, and performance of hotels, motels,8
	184	+	and multifamily structures in areas of the state where no construction9
	185	+	standards for hotels, motels, and multifamily structures exist;
	186	+	AND10
	187	+	(e) T
	188	+	HE SAFETY OF FOUNDATION SYSTEMS FOR TINY HOMES ,11
	189	+	MANUFACTURED HOMES AND FACTORY -BUILT STRUCTURES IN AREAS OF12
	190	+	THE STATE WHERE NO CONSTRUCTION STANDARDS FOR TINY HOMES ,13
	191	+	MANUFACTURED HOMES , AND FACTORY-BUILT STRUCTURES EXIST.14
	192	+	(3) The general assembly further declares that the factory-built15
	193	+	structure programs
	194	+	AND TINY HOME PROGRAMS administered and rules16
	195	+	adopted pursuant to
	196	+	UNDER this part 33 apply only to work performed in17
	197	+	a factory or WORK PERFORMED OFF SITE OR WORK completed at a THE18
	198	+	INSTALLATION site, using components shipped with the factory-built19
	199	+	structure as reflected in the approved plans for the factory-built structure20
	200	+	OR TINY HOME.21
	201	+	SECTION 2. In Colorado Revised Statutes, 24-32-3302, amend22
	202	+	(3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and23
	203	+	(33); and add (24.5), (26.5), (34), and (35) as follows:24
	204	+	24-32-3302. Definitions. As used in this part 33, unless the25
	205	+	context otherwise requires:26
	206	+	(3) "Certificate of installation" means a certificate issued by the27
	207	+	1242
	208	+	-5- division for an installation of a manufactured home that meets the1
	209	+	requirements of COMPLIES WITH this part 33 AND RULES THAT THE BOARD2
	210	+	ADOPTS UNDER THIS PART 33.3
	211	+	(4) "Certified installer" means an installer of manufactured homes4
	212	+	who OR TINY HOMES THAT:5
	213	+	(a) Is registered with the division; and who6
	214	+	(b) Has installed at least five manufactured homes
	215	+	OR TINY HOMES7
	216	+	in compliance with the manufacturer's instructions or standards created8
	217	+	by the division pursuant to this part 33; and9
	218	+	(c) Has been approved by the division for certified status.10
	219	+	(6) "Defect" means any deviation in the performance,11
	220	+	construction, components, or material of a manufactured home,
	221	+	TINY12
	222	+	HOME, OR FACTORY-BUILT STRUCTURE that renders the MANUFACTURED13
	223	+	home,
	224	+	TINY HOME, OR FACTORY-BUILT STRUCTURE or any part thereof
	225	+	OF14
	226	+	THE MANUFACTURED HOME , TINY HOME, OR FACTORY-BUILT STRUCTURE15
	227	+	not fit for the ordinary use for which it was intended.16
	228	+	(11) "Factory-built structure" means:17
	229	+	(a) A factory-built nonresidential and STRUCTURE;18
	230	+	(b) A factory-built residential buildings. STRUCTURE; AND19
	231	+	(c) A
	232	+	FACTORY-BUILT TINY HOME.20
	233	+	(16) (a) "Installation" means the placement of a manufactured21
66	234		home
67		-	.
68		-	(d) The imposition of registration requirements upon
69		-	THE sellers of
70		-	manufactured homes
71		-	OR TINY HOMES by both the state and political
72		-	subdivisions of the state would impose an undue burden upon
73		-	THE sellers
74		-	of manufactured homes
75		-	OR TINY HOMES and discourage the sale of
76		-	manufactured homes
77		-	OR TINY HOMES.
78		-	(e) The registration, escrow and bonding, and contract requirements
79		-	imposed on
80		-	THE sellers of manufactured homes OR TINY HOMES by this part
81		-	PAGE 2-HOUSE BILL 22-1242 33 are exclusive, and no A political subdivision of the state may SHALL NOT
82		-	impose any additional registration, escrow and bonding, or contract
83		-	requirements on the sellers.
	235	+	OR TINY HOME on a permanent or temporary foundation system.22
	236	+	(b) "Installation" includes without limitation
	237	+	supporting, blocking,23
	238	+	leveling, securing, or anchoring the home and connecting multiple or24
	239	+	expandable sections of the home.25
	240	+	(17) "Installer" means any person who performs the installation26
	241	+	of:27
	242	+	1242
	243	+	-6- (a) A manufactured home, which includes multifamily structures,1
	244	+	for those with
	245	+	THE knowledge, experience, and skills to do so; OR2
	246	+	(b) A
	247	+	TINY HOME.3
	248	+	(20) "Manufactured home" means any preconstructed building4
	249	+	unit or combination of preconstructed building units or closed panel5
	250	+	systems that:6
	251	+	(a) Include
	252	+	INCLUDES electrical, mechanical, or plumbing services7
	253	+	that are fabricated, formed, or assembled at a location other than the site8
	254	+	of the completed home;9
	255	+	(d) Does not have motor power IS NOT SELF-PROPELLED; and10
	256	+	(24.5) "M
	257	+	OBILE HOME PARK" HAS THE MEANING SET FORTH IN11
	258	+	SECTION 38-12-201.5 (6).12
	259	+	(26) "Owner" means the owner of a manufactured home
	260	+	OR TINY13
	261	+	HOME.14
	262	+	(26.5) "P
	263	+	ERMANENT FOUNDATION " MEANS A STRUCTURE THAT IS15
	264	+	DESIGNED OR INTENDED TO:16
	265	+	(a) S
	266	+	UPPORT A BUILDING FROM UNDERNEATH ;17
	267	+	(b) K
	268	+	EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;18
	269	+	(c) P
	270	+	REVENT THE BUILDING FROM MOVING ; AND19
	271	+	(d) N
	272	+	OT BE REMOVED FROM THE GROUND OR BUILDING .20
	273	+	(29) "Purchaser" means
	274	+	the first A person purchasing a21
	275	+	manufactured home
	276	+	OR TINY HOME IF EITHER IS PURCHASED in good faith22
	277	+	for purposes other than resale.23
	278	+	(30) "Quality assurance representative" means any state, firm,24
	279	+	corporation, or other entity that proposes to conduct production reviews,25
	280	+	evaluate a manufacturer's quality control procedures, and perform design26
	281	+	evaluations. for factory-built structures.
	282	+	27
	283	+	1242
	284	+	-7- (32.5) "Seller" means any person engaged in the business of1
	285	+	selling manufactured homes to be installed in Colorado
	286	+	OR TINY HOMES2
	287	+	TO BE OCCUPIED OR INSTALLED IN COLORADO.3
	288	+	(33) "Site" means the entire tract, subdivision, or parcel of land on4
	289	+	which manufactured homes
	290	+	OR TINY HOMES are installed.5
	291	+	(34) "T
	292	+	EMPORARY FOUNDATION " MEANS A STRUCTURE THAT IS6
	293	+	DESIGNED OR INTENDED TO:7
	294	+	(a) S
	295	+	UPPORT A BUILDING FROM UNDERNEATH ;8
	296	+	(b) K
	297	+	EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;9
	298	+	(c) P
	299	+	REVENT THE BUILDING FROM MOVING ; AND10
	300	+	(d) B
	301	+	E REMOVABLE FROM THE GROUND OR BUILDING .11
	302	+	(35) (a) "T
	303	+	INY HOME" MEANS A STRUCTURE THAT:12
	304	+	(I) I
	305	+	S PERMANENTLY CONSTRUCTED ON A VEHICLE CHASSIS ;13
	306	+	(II) I
	307	+	S DESIGNED FOR LONG-TERM RESIDENCY;14
	308	+	(III) I
	309	+	NCLUDES ELECTRICAL, MECHANICAL, OR PLUMBING SERVICES15
	310	+	THAT ARE FABRICATED, FORMED, OR ASSEMBLED AT A LOCATION OTHER16
	311	+	THAN THE SITE OF THE COMPLETED HOME ;17
	312	+	(IV) I
	313	+	S NOT SELF-PROPELLED; AND18
	314	+	(V) H
	315	+	AS A SQUARE FOOTAGE OF NOT MORE THAN FOUR HUNDRED19
	316	+	SQUARE FEET.20
	317	+	(b) "T
	318	+	INY HOME" DOES NOT INCLUDE:21
	319	+	(I) A
	320	+	MANUFACTURED HOME ;22
	321	+	(II) A
	322	+	RECREATIONAL PARK TRAILER AS DEFINED IN SECTION23
	323	+	24-32-902
	324	+	(8);24
	325	+	(III) A
	326	+	RECREATIONAL VEHICLE AS DEFINED IN SECTION 24-32-90225
	327	+	(9);26
	328	+	(IV) A
	329	+	SEMITRAILER AS DEFINED IN SECTION 42-1-102 (89); OR27
	330	+	1242
	331	+	-8- (V) AN INTERMODAL SHIPPING CONTAINER .1
	332	+	SECTION 3. In Colorado Revised Statutes, 24-32-3303, amend2
	333	+	(1)(e), (1)(f), and (1)(g); and add (1)(h) as follows:3
	334	+	24-32-3303. Division of housing - powers and duties - rules.4
	335	+	(1) The division has the following powers and duties pursuant to this part5
	336	+	33:6
	337	+	(e) To enforce requirements concerning the installation of7
	338	+	manufactured homes INSTALLATIONS, including the registration and8
	339	+	certification status of installers;9
	340	+	(f) To enforce requirements concerning the sale of
	341	+	TINY HOMES10
	342	+	AND OF manufactured homes, including the registration status of sellers;11
	343	+	and12
	344	+	(g) To enforce requirements concerning the safety of hotels,13
	345	+	motels, and multi-family structures in areas of the state where no14
	346	+	construction standards for hotels, motels, and multi-family structures15
	347	+	exist; AND16
	348	+	(h) TO ENFORCE REQUIREMENTS CONCERNING THE SAFETY OF17
	349	+	FOUNDATION SYSTEMS FOR MANUFACTURED HOMES , TINY HOMES, AND18
	350	+	FACTORY-BUILT STRUCTURES IN AREAS OF THE STATE WHERE NO19
	351	+	CONSTRUCTION STANDARDS FOR MANUFACTURED HOMES, TINY HOMES,20
	352	+	AND FACTORY-BUILT STRUCTURES EXIST.21
	353	+	SECTION 4. In Colorado Revised Statutes, 24-32-3304, amend22
	354	+	(1)(d); and add (1)(f) and (1)(g) as follows:23
	355	+	24-32-3304. State housing board - powers and duties - rules.24
	356	+	(1) The board has the following powers and duties pursuant to this part25
	357	+	33:26
	358	+	(d) To promulgate rules establishing standards for the installation27
	359	+	1242
	360	+	-9- and setup of manufactured housing units; and1
84	361		(f) T
85		-	HE REGULATION OF TINY HOMES IS NECESSARY TO PROTECT
86		-	CONSUMER SAFETY AND REC OGNIZE TINY HOMES AS AN AFFORDABLE
87		-	HOUSING ALTERNATIVE
88		-	.
89		-	(2) The general assembly further declares that in enacting this part
90		-	33, it is the intent of the general assembly that the division establish,
91		-	through the board, rules as it deems necessary to ensure:
92		-	(b) Consumer safety in the purchase of manufactured homes
93		-	OR
94		-	TINY HOMES
95		-	;
96		-	(c) The registration of manufactured home
97		-	installers and the creation
98		-	of uniform standards for the installation of manufactured homes
99		-	INSTALLATION on a statewide basis; and
100		-	(d) The safety, affordability, and performance of hotels, motels, and
101		-	multifamily structures in areas of the state where no construction standards
102		-	for hotels, motels, and multifamily structures exist;
103		-	AND
104		-	(e) THE SAFETY OF FOUNDATION SYSTEMS FOR TINY HOMES ,
105		-	MANUFACTURED HOMES , AND FACTORY-BUILT STRUCTURES IN AREAS OF THE
106		-	STATE WHERE NO CONSTRUCTION STANDARDS FOR TINY HOMES
107		-	,
108		-	MANUFACTURED HOMES , AND FACTORY-BUILT STRUCTURES EXIST.
109		-	(3) The general assembly further declares that the factory-built
110		-	structure programs
111		-	AND TINY HOME PROGRAMS administered and rules
112		-	adopted pursuant to
113		-	UNDER this part 33 apply only to work performed in a
114		-	factory or
115		-	WORK PERFORMED OFF SITE OR WORK completed at a
116		-	THE
117		-	INSTALLATION
118		-	site, using components shipped with the factory-builtstructure as reflected in the approved plans for the factory-built structure OR
119		-	TINY HOME
120		-	.
121		-	SECTION 2. In Colorado Revised Statutes, 24-32-3302, amend
122		-	(3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and
123		-	(33); and add (24.5), (26.5), (34), and (35) as follows:
124		-	PAGE 3-HOUSE BILL 22-1242 24-32-3302. Definitions. As used in this part 33, unless the context
125		-	otherwise requires:
126		-	(3) "Certificate of installation" means a certificate issued by the
127		-	division for an installation of a manufactured home that meets the
128		-	requirements of COMPLIES WITH this part 33 AND RULES THAT THE BOARD
129		-	ADOPTS UNDER THIS PART
130		-	33.
131		-	(4) "Certified installer" means an installer of manufactured homes
132		-	who
133		-	OR TINY HOMES THAT:
134		-	(a) Is registered with the division; and who
135		-	(b) Has installed at least five manufactured homes OR TINY HOMES
136		-	in compliance with the manufacturer's instructions or standards created by
137		-	the division pursuant to this part 33; and
138		-	(c) Has been approved by the division for certified status.
139		-	(6) "Defect" means any deviation in the performance, construction,
140		-	components, or material of a manufactured home,
141		-	TINY HOME, OR
142		-	FACTORY
143		-	-BUILT STRUCTURE that renders the MANUFACTURED home, TINY
144		-	HOME
145		-	, OR FACTORY-BUILT STRUCTURE or any part thereof
146		-	OF THE
147		-	MANUFACTURED HOME
148		-	, TINY HOME, OR FACTORY-BUILT STRUCTURE not fit
149		-	for the ordinary use for which it was intended.
150		-	(11) "Factory-built structure" means:
151		-	(a) A factory-built nonresidential and
152		-	STRUCTURE;
153		-	(b) A factory-built residential buildings. STRUCTURE; AND
154		-	(c) A FACTORY-BUILT TINY HOME.
155		-	(16) (a) "Installation" means the placement of a manufactured home
156		-	OR TINY HOME on a permanent or temporary foundation system.
157		-	(b) "Installation" includes without limitation
158		-	supporting, blocking,
159		-	leveling, securing, or anchoring the home and connecting multiple or
160		-	expandable sections of the home.
161		-	PAGE 4-HOUSE BILL 22-1242 (17) "Installer" means any person who performs the installation of:
162		-	(a) A manufactured home, which includes multifamily structures,
163		-	for those with
164		-	THE knowledge, experience, and skills to do so; OR
165		-	(b) A TINY HOME.
166		-	(20) "Manufactured home" means any preconstructed building unit
167		-	or combination of preconstructed building units or closed panel systems
168		-	that:
169		-	(a) Include
170		-	INCLUDES electrical, mechanical, or plumbing services
171		-	that are fabricated, formed, or assembled at a location other than the site of
172		-	the completed home;
173		-	(d) Does not have motor power
174		-	IS NOT SELF-PROPELLED; and
175		-	(24.5) "M
176		-	OBILE HOME PARK" HAS THE MEANING SET FORTH IN
177		-	SECTION
178		-	38-12-201.5 (6).
179		-	(26) "Owner" means the owner of a manufactured home
180		-	OR TINY
181		-	HOME
182		-	.
183		-	(26.5) "P
184		-	ERMANENT FOUNDATION " MEANS A STRUCTURE THAT IS
185		-	DESIGNED OR INTENDED TO
186		-	:
187		-	(a) S
188		-	UPPORT A BUILDING FROM UNDERNEATH ;
189		-	(b) K
190		-	EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;
191		-	(c) P
192		-	REVENT THE BUILDING FROM MOVING ; AND
193		-	(d) NOT BE REMOVED FROM THE GROUND OR BUILDING .
194		-	(29) "Purchaser" means the first
195		-	A person purchasing a
196		-	manufactured home
197		-	OR TINY HOME IF EITHER IS PURCHASED in good faith for
198		-	purposes other than resale.
199		-	(30) "Quality assurance representative" means any state, firm,
200		-	corporation, or other entity that proposes to conduct production reviews,
201		-	PAGE 5-HOUSE BILL 22-1242 evaluate a manufacturer's quality control procedures, and perform design
202		-	evaluations. for factory-built structures.
203		-	(32.5) "Seller" means any person engaged in the business of selling
204		-	manufactured homes to be installed in Colorado
205		-	OR TINY HOMES TO BE
206		-	OCCUPIED OR INSTALLED IN
207		-	COLORADO.
208		-	(33) "Site" means the entire tract, subdivision, or parcel of land on
209		-	which manufactured homes
210		-	OR TINY HOMES are installed.
211		-	(34) "T
212		-	EMPORARY FOUNDATION " MEANS A STRUCTURE THAT IS
213		-	DESIGNED OR INTENDED TO
214		-	:
215		-	(a) S
216		-	UPPORT A BUILDING FROM UNDERNEATH ;
217		-	(b) K
218		-	EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;
219		-	(c) P
220		-	REVENT THE BUILDING FROM MOVING ; AND
221		-	(d) BE REMOVABLE FROM THE GROUND OR BUILDING .
222		-	(35) (a) "T
223		-	INY HOME" MEANS A STRUCTURE THAT:
224		-	(I) I
225		-	S PERMANENTLY CONSTRUCTED ON A VEHICLE CHASSIS ;
226		-	(II) I
227		-	S DESIGNED FOR LONG-TERM RESIDENCY;
228		-	(III) I
229		-	NCLUDES ELECTRICAL, MECHANICAL, OR PLUMBING SERVICES
230		-	THAT ARE FABRICATED
231		-	, FORMED, OR ASSEMBLED AT A LOCATION OTHER
232		-	THAN THE SITE OF THE COMPLETED HOME
233		-	;
234		-	(IV) I
235		-	S NOT SELF-PROPELLED; AND
236		-	(V) HAS A SQUARE FOOTAGE OF NOT MORE THAN FOUR HUNDRED
237		-	SQUARE FEET
238		-	.
239		-	(b) "T
240		-	INY HOME" DOES NOT INCLUDE:
241		-	(I) A
242		-	MANUFACTURED HOME ;
243		-	PAGE 6-HOUSE BILL 22-1242 (II) A RECREATIONAL PARK TRAILER AS DEFINED IN SECTION
244		-	24-32-902 (8);
245		-	(III) A
246		-	RECREATIONAL VEHICLE AS DEFINED IN SECTION 24-32-902
247		-	(9);
248		-	(IV) A
249		-	SEMITRAILER AS DEFINED IN SECTION 42-1-102 (89); OR
250		-	(V) AN INTERMODAL SHIPPING CONTAINER .
251		-	SECTION 3. In Colorado Revised Statutes, 24-32-3303, amend
252		-	(1)(e), (1)(f), and (1)(g); and add (1)(h) as follows:
253		-	24-32-3303. Division of housing - powers and duties - rules.
254		-	(1) The division has the following powers and duties pursuant to this part
255		-	33:
256		-	(e) To enforce requirements concerning the installation of
257		-	manufactured homes INSTALLATIONS, including the registration and
258		-	certification status of installers;
259		-	(f) To enforce requirements concerning the sale of
260		-	TINY HOMES AND
261		-	OF
262		-	manufactured homes, including the registration status of sellers; and
263		-	(g) To enforce requirements concerning the safety of hotels, motels,
264		-	and multi-family structures in areas of the state where no construction
265		-	standards for hotels, motels, and multi-family structures exist;
266		-	AND
267		-	(h) TO ENFORCE REQUIREMENTS CONCERNING THE SAFETY OF
268		-	FOUNDATION SYSTEMS FOR MANUFACTURED HOMES
269		-	, TINY HOMES, AND
270		-	FACTORY
271		-	-BUILT STRUCTURES IN AREAS OF THE STATE WHERE NO
272		-	CONSTRUCTION STANDARDS FOR MANUFACTURED HOMES
273		-	, TINY HOMES, AND
274		-	FACTORY
275		-	-BUILT STRUCTURES EXIST.
276		-	SECTION 4. In Colorado Revised Statutes, 24-32-3304, amend
277		-	(1)(d); and add (1)(f) and (1)(g) as follows:
278		-	24-32-3304. State housing board - powers and duties - rules.
279		-	(1) The board has the following powers and duties pursuant to this part 33:
280		-	PAGE 7-HOUSE BILL 22-1242 (d) To promulgate rules establishing standards for the installation
281		-	and setup of manufactured housing units; and
282		-	(f) TO PROMULGATE RULES ESTABLISHING STANDARDS FOR TINY
283		-	HOMES THAT COVER THE MANUFACTURE OF
284		-	, ASSEMBLY OF, AND
285		-	INSTALLATION OF TINY HOMES
286		-	; AND
287		-	(g) TO PROMULGATE UNIFORM FOUNDATION CONSTRUCTION
288		-	STANDARDS FOR MANUFACTURED HOMES
289		-	, FACTORY-BUILT STRUCTURES, OR
290		-	TINY HOMES IN THOSE AREAS OF THE STATE WHERE NO STANDARDS EXIST
291		-	.
292		-	SECTION 5. In Colorado Revised Statutes, 24-32-3305, amend (1)
293		-	introductory portion, (1)(b), (1)(c), (2), and (3); and add (1)(e) and (1)(f) as
294		-	follows:
295		-	24-32-3305. Rules - advisory committee - enforcement. (1) The
296		-	board must
297		-	SHALL promulgate rules as it deems necessary to ensure:
	362	+	O PROMULGATE RULES ESTABLISHING STANDARDS FOR TINY2
	363	+	HOMES THAT COVER THE MANUFACTURE OF , ASSEMBLY OF, AND3
	364	+	INSTALLATION OF TINY HOMES; AND4
	365	+	(g) T
	366	+	O PROMULGATE UNIFORM FOUNDATION CONSTRUCTION5
	367	+	STANDARDS FOR
	368	+	MANUFACTURED HOMES, FACTORY-BUILT STRUCTURES,6
	369	+	OR TINY HOMES IN THOSE AREAS OF THE STATE WHERE NO STANDARDS7
	370	+	EXIST.8
	371	+	SECTION 5. In Colorado Revised Statutes, 24-32-3305, amend9
	372	+	(1) introductory portion, (1)(b), (1)(c), (2), and (3); and add (1)(e) and10
	373	+	(1)(f) as follows:11
	374	+	24-32-3305. Rules - advisory committee - enforcement. (1) The12
	375	+	board must SHALL promulgate rules as it deems necessary to ensure:13
298	376		(b) The safety of consumers purchasing manufactured homes
299		-	OR
300		-	TINY HOMES
301		-	;
	377	+	OR14
	378	+	TINY HOMES;15
302	379		(c) The safety of manufactured home
303		-	installations; and
304		-	(e) THE IMPLEMENTATION OF SECTIONS 24-32-3328 AND 24-32-3329;
305		-	AND
306		-	(f) THE SAFETY OF FOUNDATION SYSTEMS FOR MANUFACTURED
307		-	HOMES
308		-	, TINY HOMES, AND FACTORY-BUILT STRUCTURES IN AREAS OF THE
309		-	STATE WHERE NO CONSTRUCTION STANDARDS FOR MANUFACTURED HOMES
310		-	,
311		-	TINY HOMES, AND FACTORY-BUILT STRUCTURES EXIST.
312		-	(2) Rules promulgated by the board must include provisions
313		-	imposing requirements reasonably consistent with recognized and accepted
314		-	standards adopted by
315		-	THE ASTM INTERNATIONAL, the International Code
316		-	Council, the National Fire Protection Association, and the Colorado state
317		-	plumbing and electrical codes, or a combination thereof
318		-	OF THESE
319		-	STANDARDS AND CODES
320		-	, except to the extent that the board finds that the
321		-	standards and codes are inconsistent with this part 33. All rules promulgatedby The board must be adopted SHALL ADOPT RULES pursuant to article 4 of
322		-	this title 24.
323		-	PAGE 8-HOUSE BILL 22-1242 (3) (a) The board must consult with and obtain the advice of an
324		-	advisory committee on residential and nonresidential FACTORY-BUILT
325		-	structures AND TINY HOMES in the drafting and promulgation of rules. The
326		-	committee consists of twelve FIFTEEN members appointed by the division
327		-	from the following professional and technical disciplines:
328		-	(I) One from architecture;
329		-	(II) One from structural engineering;
330		-	(III) Three from building code enforcement;
331		-	(IV) One from mechanical engineering or contracting;
332		-	(V) One from electrical engineering or contracting;
333		-	(VI) One from the plumbing industry;
334		-	(VII) One from the construction design or producer industry;
335		-	(VIII) Two from manufactured housing;
	380	+	installations; and16
	381	+	(e) T
	382	+	HE IMPLEMENTATION OF SECTIONS 24-32-3328 AND17
	383	+	24-32-3329;
	384	+	AND18
	385	+	(f) T
	386	+	HE SAFETY OF FOUNDATION SYSTEMS FOR MANUFACTURED19
	387	+	HOMES, TINY HOMES, AND FACTORY-BUILT STRUCTURES IN AREAS OF THE20
	388	+	STATE WHERE NO CONSTRUCTION STANDARDS FOR MANUFACTURED21
	389	+	HOMES, TINY HOMES, AND FACTORY-BUILT STRUCTURES EXIST.22
	390	+	(2) Rules promulgated by the board must include provisions23
	391	+	imposing requirements reasonably consistent with recognized and24
	392	+	accepted standards adopted by
	393	+	THE ASTM INTERNATIONAL, the25
	394	+	International Code Council, the National Fire Protection Association, and26
	395	+	the Colorado state plumbing and electrical codes, or a combination27
	396	+	1242
	397	+	-10- thereof OF THESE STANDARDS AND CODES , except to the extent that the1
	398	+	board finds that the standards and codes are inconsistent with this part 33.2
	399	+	All rules promulgated by The board must be adopted SHALL ADOPT RULES3
	400	+	pursuant to article 4 of this title 24.4
	401	+	(3) (a) The board must consult with and obtain the advice of an5
	402	+	advisory committee on residential and nonresidential FACTORY-BUILT6
	403	+	structures
	404	+	AND TINY HOMES in the drafting and promulgation of rules. The7
	405	+	committee consists of twelve
	406	+	FIFTEEN members appointed by the division8
	407	+	from the following professional and technical disciplines:9
	408	+	(I) One from architecture;10
	409	+	(II) One from structural engineering;11
	410	+	(III) Three from building code enforcement;12
	411	+	(IV) One from mechanical engineering or contracting;13
	412	+	(V) One from electrical engineering or contracting;14
	413	+	(VI) One from the plumbing industry;15
	414	+	(VII) One from the construction design or producer industry;16
	415	+	(VIII) Two from manufactured housing;17
336	416		(IX) T
337	417		WO FROM THE TINY HOME INDUSTRY ;
338		-	~~(X) O~~
339		-	NE FROM ENERGY CONSERVATION ; ~~and~~
340		-	(XI) One from organized labor.
341		-	(b) Committee members shall be
342		-	~~ARE reimbursed for actual and~~
343		-	~~necessary expenses incurred while engaged~~ in ~~official duties.~~
344		-	~~SECTION 6. In Colorado Revised Statutes, 24-32-3306, amend~~ (1)
345		-	~~as follows:~~
346		-	~~24-32-3306~~. ~~Recognition of similar~~ standards ~~- compliance with~~
347		-	~~standards. (1) If the division determines that standards for~~ factory-built
	418	+	18
	419	+	(X) ONE FROM ENERGY CONSERVATION ; and19
	420	+	(XI) One from organized labor.20
	421	+	(b) Committee members shall be ARE reimbursed for actual and21
	422	+	necessary expenses incurred while engaged in official duties.22
	423	+	SECTION 6. In Colorado Revised Statutes, 24-32-3306, amend23
	424	+	(1) as follows:24
	425	+	24-32-3306. Recognition of similar standards - compliance25
	426	+	with standards. (1) If the division determines that standards for26
	427	+	factory-built
348	428		STRUCTURES, TINY HOMES, or manufactured housing
349		-	HOMES prescribed by
350		-	statute or rule of another state or by the United States department of housing
351		-	and urban development are reasonably consistent with, or equal to,
352		-	standards required by this part 33, it may provide by rule that factory-built
353		-	PAGE 9-HOUSE BILL 22-1242 STRUCTURES, TINY HOMES, or manufactured housing HOMES approved by
354		-	the other state or by the department meets MEET the standards required by
355		-	this part 33.
356		-	SECTION 7. In Colorado Revised Statutes, 24-32-3307, amend (1)
357		-	as follows:
358		-	24-32-3307. Noncompliance with standards. (1) (a) The division
359		-	may obtain injunctive relief from the appropriate A court OF COMPETENT
360		-	JURISDICTION
361		-	to enjoin the manufacture, sale, delivery, or installation of:
362		-	(I) A factory-built housing
363		-	STRUCTURE by filing an affidavit
364		-	specifying the manner in which the housing FACTORY-BUILT STRUCTURE
365		-	does not conform to the requirements of this part 33 or to rules promulgated pursuant to section 24-32-3305;
366		-	OR
367		-	(II) A TINY HOME BY FILING AN AFFIDAVIT SPECIFYING THE MANNER
368		-	IN WHICH THE TINY HOME DOES NOT CONFORM TO THIS PART
369		-	33 OR TO RULES
370		-	PROMULGATED UNDER SECTION
371		-	24-32-3305 (1)(e) OR 24-32-3328.
372		-	(b) The division may suspend the issuance of insignias of approval
373		-	while injunctive relief is being sought.
374		-	SECTION 8. In Colorado Revised Statutes, 24-32-3309, amend
375		-	(1)(a) and (2) as follows:
376		-	24-32-3309. Fees - building regulation fund - rules.
	429	+	HOMES27
	430	+	1242
	431	+	-11- prescribed by statute or rule of another state or by the United States1
	432	+	department of housing and urban development are reasonably consistent2
	433	+	with, or equal to, standards required by this part 33, it may provide by rule3
	434	+	that factory-built
	435	+	STRUCTURES, TINY HOMES, or manufactured housing
	436	+	4
	437	+	HOMES approved by the other state or by the department meets MEET the5
	438	+	standards required by this part 33.6
	439	+	SECTION 7. In Colorado Revised Statutes, 24-32-3307, amend7
	440	+	(1) as follows:8
	441	+	24-32-3307. Noncompliance with standards. (1) (a) The9
	442	+	division may obtain injunctive relief from the appropriate A court OF10
	443	+	COMPETENT JURISDICTION to enjoin the manufacture, sale, delivery, or11
	444	+	installation of:12
	445	+	(I) A factory-built housing STRUCTURE by filing an affidavit13
	446	+	specifying the manner in which the housing FACTORY-BUILT STRUCTURE14
	447	+	does not conform to the requirements of this part 33 or to rules15
	448	+	promulgated pursuant to section 24-32-3305;
	449	+	OR16
	450	+	(II) A
	451	+	TINY HOME BY FILING AN AFFIDAVIT SPECIFYING THE17
	452	+	MANNER IN WHICH THE TINY HOME DOES NOT CONFORM TO THIS PART 3318
	453	+	OR TO RULES PROMULGATED UNDER SECTION 24-32-3305 (1)(e) OR19
	454	+	24-32-3328.20
	455	+	(b) The division may suspend the issuance of insignias of21
	456	+	approval while injunctive relief is being sought.22
	457	+	SECTION 8. In Colorado Revised Statutes, 24-32-3309, amend23
	458	+	(1)(a) and (2) as follows:24
	459	+	24-32-3309. Fees - building regulation fund - rules.25
377	460		(1) (a) (I) The board, by rule, must
378		-	SHALL establish a schedule of ~~fees~~
379		-	designed to pay all direct and indirect costs incurred by the division in
380		-	~~carrying out and enforcing the provisions of~~
381		-	this part 33; except that ~~the~~
382		-	amount of the registration fee for installers of manufactured homes is
383		-	LIMITED TO the amount specified in section 24-32-3315 (5) and ~~the amount~~
384		-	of the registration fee for sellers of manufactured homes ~~is LIMITED TO the~~
385		-	amount specified in section 24-32-3323 (3).
386		-	(II) Before establishing THE BOARD ESTABLISHES the schedule of
387		-	fees, the division, must FOR THE BOARD'S CONSIDERATION, SHALL ~~gather~~
388		-	information regarding the fees charged by:
389		-	(A) Colorado local governments for the inspection ~~and certification~~
390		-	~~PAGE 10-HOUSE BILL 22-1242~~ of improvements to residential real property that are ~~not manufactured~~
391		-	homes
392		-	OR TINY HOMES; ~~and~~
	461	+	SHALL establish a schedule of fees26
	462	+	designed to pay all direct and indirect costs incurred by the division in27
	463	+	1242
	464	+	-12- carrying out and enforcing the provisions of this part 33; except that the1
	465	+	amount of the registration fee for installers of manufactured homes is2
	466	+	LIMITED TO the amount specified in section 24-32-3315 (5) and the3
	467	+	amount of the registration fee for sellers of manufactured homes is4
	468	+	LIMITED TO the amount specified in section 24-32-3323 (3).5
	469	+	(II) Before establishing THE BOARD ESTABLISHES the schedule of6
	470	+	fees, the division, must FOR THE BOARD'S CONSIDERATION, SHALL gather7
	471	+	information regarding the fees charged by:8
	472	+	(A) Colorado local governments for the inspection and9
	473	+	certification of improvements to residential real property that are not10
	474	+	manufactured homes
	475	+	OR TINY HOMES; and11
393	476		(B) the fees charged by
394		-	Governmental entities outside of ~~Colorado~~
395		-	for the inspection and certification of manufactured homes for the board's
396		-	consideration OR TINY HOMES.
397		-	(III) The fees must be paid to the division and transmitted to ~~the~~
398		-	state treasurer, who must SHALL credit the fees to the building ~~regulation~~
399		-	fund, which fund is hereby created in the state treasury and referred to in
	477	+	Governmental entities outside of Colorado12
	478	+	for the inspection and certification of manufactured homes for the board's13
	479	+	consideration OR TINY HOMES.14
	480	+	(III) The fees must be paid to the division and transmitted to the15
	481	+	state treasurer, who must SHALL credit the fees to the building regulation16
	482	+	fund, which fund is hereby created in the state treasury and referred to in17
400	483		this section as the "fund". T
401		-	HE STATE TREASURER SHALL CREDIT all interest
402		-	derived from the deposit and investment of money in the fund must be
403		-	credited to the fund. Except as otherwise provided in subsection (2) of this
404		-	section, at the end of any fiscal year, all unexpended and unencumbered
405		-	money in the fund must remain
406		-	REMAINS in the fund and must not be
407		-	credited or transferred to the general fund or any other fund or used for any
408		-	other purpose other than to offset the costs of implementing, and
409		-	administering, and enforcing the provisions of this part 33.
410		-	(2) In addition to being used to offset the costs of implementing and
411		-	administering this part 33 as specified in subsection (1) of this section,
412		-	money in the fund may be expended:
413		-	(a) To provide education and training to manufacturers, sellers,
414		-	installers, building department employees, elected officials, and, as
	484	+	HE STATE TREASURER SHALL CREDIT all18
	485	+	interest derived from the deposit and investment of money in the fund19
	486	+	must be credited
	487	+	to the fund. Except as otherwise provided in subsection20
	488	+	(2) of this section, at the end of any fiscal year, all unexpended and21
	489	+	unencumbered money in the fund must remain REMAINS in the fund and22
	490	+	must not be credited or transferred to the general fund or any other fund23
	491	+	or used for any other purpose other than to offset the costs of24
	492	+	implementing, and administering, and enforcing the provisions of this25
	493	+	part 33.26
	494	+	(2) In addition to being used to offset the costs of implementing27
	495	+	1242
	496	+	-13- and administering this part 33 as specified in subsection (1) of this1
	497	+	section, money in the fund may be expended:2
	498	+	(a) To provide education and training to manufacturers, sellers,3
	499	+	installers, building department employees, elected officials, and, as4
415	500		appropriate, other persons affected by the mobile
416		-	HOME, ~~manufactured~~
	501	+	HOME, manufactured5
417	502		HOME, TINY HOME, and factory-built structures
418		-	STRUCTURE industry
419		-	regarding the building codes and state program requirements applicable to
420		-	mobile
421		-	HOMES, manufactured HOMES, TINY HOMES, and factory-built
422		-	structures within the state;
423		-	(b) To provide consumer training throughout the state that will help
424		-	a consumer make informed decisions when purchasing or considering the
425		-	purchase of a mobile home, manufactured home,
426		-	TINY HOME, or
427		-	factory-built structure; and
428		-	(c) To provide education and grants that will help manufacturers,
429		-	sellers, installers, owners, and, as appropriate, other parties affected by the
430		-	mobile
431		-	HOME, manufactured HOME, TINY HOME, and factory-built structures
432		-	STRUCTURE industry address safety issues that affect mobile HOMES,
433		-	PAGE 11-HOUSE BILL 22-1242 manufactured HOMES, TINY HOMES, and factory-built structures.
434		-	SECTION 9. In Colorado Revised Statutes, 24-32-3311, amend
435		-	(1)(a.3), (1)(a.7), (4), and (6) as follows:
436		-	24-32-3311. Certification of factory-built structures - rules.
437		-	(1) (a.3) Manufacturers of factory-built structures to be installed in the state
438		-	must SHALL register with the division as provided in board rules and are
439		-	subject to enforcement action, including suspension or revocation of their
440		-	registration for failing to comply with requirements contained in this part
441		-	33 and board rules. A
442		-	MANUFACTURER SHALL:
443		-	(I) C
444		-	OMPLY WITH ESCROW REQUIREMENTS OF DOWN PAYMENTS AS
445		-	ESTABLISHED BY THE BOARD BY RULE
446		-	; AND
447		-	(II) PROVIDE A LETTER OF CREDIT, CERTIFICATE OF DEPOSIT ISSUED
448		-	BY A LICENSED FINANCIAL INSTITUTION
449		-	, OR SURETY BOND ISSUED BY AN
450		-	AUTHORIZED INSURER IN AN AMOUNT AND PROCESS ESTABLISHED BY THE
451		-	BOARD BY RULE
452		-	. A FINANCIAL INSTITUTION OR AUTHORIZED INSURER SHALL
453		-	PAY THE DIVISION THE LETTER OF CREDIT
454		-	, CERTIFICATE OF DEPOSIT, OR
455		-	SURETY BOND IF A COURT OF COMPETENT JURISDICTION HAS RENDERED A
456		-	FINAL JUDGMENT IN FAVOR OF THE DIVISION BASED ON A FINDING THAT
457		-	:
458		-	(A) T
459		-	HE MANUFACTURER FAILED TO DELIVER THE FACTORY -BUILT
460		-	STRUCTURE
461		-	;
462		-	(B) T
463		-	HE MANUFACTURER FAILED TO REF UND A DOWN PAYMENT
464		-	MADE TOWARD THE PURCHASE OF THE FACTORY
465		-	-BUILT STRUCTURE; OR
466		-	(C) THE MANUFACTURER CEASED DOING BUSINESS OPERATIONS OR
467		-	FILED FOR BANKRUPTCY
468		-	.
469		-	(a.7) (I) The division must
470		-	SHALL conduct a full design and plan
471		-	review and inspection of the construction of factory-built structures to the
472		-	extent the design and construction relates to work performed off site or
473		-	work that is completed onsite using components shipped with the
474		-	factory-built structure AT THE INSTALLATION SITE as reflected in the
475		-	approved plans for the factory-built structure. A local government may
476		-	SHALL not duplicate efforts to review or approve the construction of a
477		-	factory-built structure that is under review or approved by the division nor
478		-	PAGE 12-HOUSE BILL 22-1242 may SHALL it charge building permit fees to cover the cost of plan reviews
479		-	or inspections performed by the division. A local government's jurisdiction
480		-	is limited to work done onsite
481		-	AT THE INSTALLATION SITE in compliance
482		-	with section 24-32-3311 (6) SUBSECTION (6) OF THIS SECTION and includes
483		-	associated plan review, permits, inspections, and fees.
484		-	(II) The division may authorize a local government to inspect and
485		-	approve work that is completed onsite using components shipped with the
486		-	factory-built structure AT THE INSTALLATION SITE as reflected in the
487		-	approved plans for the factory-built structure. A local government may
488		-	charge inspection fees if authorized to assist the division to inspect and
	503	+	STRUCTURE industry6
	504	+	regarding the building codes and state program requirements applicable7
	505	+	to mobile
	506	+	HOMES, manufactured HOMES, TINY HOMES, and factory-built8
	507	+	structures within the state;9
	508	+	(b) To provide consumer training throughout the state that will10
	509	+	help a consumer make informed decisions when purchasing or11
	510	+	considering the purchase of a mobile home, manufactured home,
	511	+	TINY12
	512	+	HOME, or factory-built structure; and13
	513	+	(c) To provide education and grants that will help manufacturers,14
	514	+	sellers, installers, owners, and, as appropriate, other parties affected by15
	515	+	the mobile
	516	+	HOME, manufactured HOME, TINY HOME, and factory-built16
	517	+	structures
	518	+	STRUCTURE industry address safety issues that affect mobile17
	519	+	HOMES, manufactured HOMES, TINY HOMES, and factory-built structures.18
	520	+	SECTION 9. In Colorado Revised Statutes, 24-32-3311, amend19
	521	+	(1)(a.3), (1)(a.7), (4), and (6) as follows:20
	522	+	24-32-3311. Certification of factory-built structures - rules.21
	523	+	(1) (a.3) Manufacturers of factory-built structures to be installed in the22
	524	+	state must SHALL register with the division as provided in board rules and23
	525	+	are subject to enforcement action, including suspension or revocation of24
	526	+	their registration for failing to comply with requirements contained in this25
	527	+	part 33 and board rules. A MANUFACTURER SHALL:26
	528	+	(I) COMPLY WITH ESCROW REQUIREMENTS OF DOWN PAYMENTS AS27
	529	+	1242
	530	+	-14- ESTABLISHED BY THE BOARD BY RULE ; AND1
	531	+	(II) PROVIDE A LETTER OF CREDIT, CERTIFICATE OF DEPOSIT ISSUED2
	532	+	BY A LICENSED FINANCIAL INSTITUTION, OR SURETY BOND ISSUED BY AN3
	533	+	AUTHORIZED INSURER IN AN AMOUNT AND PROCESS ESTABLISHED BY THE4
	534	+	BOARD BY RULE. A FINANCIAL INSTITUTION OR AUTHORIZED INSURER5
	535	+	SHALL PAY THE DIVISION THE LETTER OF CREDIT, CERTIFICATE OF DEPOSIT,6
	536	+	OR SURETY BOND IF A COURT OF COMPETENT JURISDICTION HAS RENDERED7
	537	+	A FINAL JUDGMENT IN FAVOR OF THE DIVISION BASED ON A FINDING THAT:8
	538	+	(A) THE MANUFACTURER FAILED TO DELIVER THE FACTORY-BUILT9
	539	+	STRUCTURE;10
	540	+	(B) THE MANUFACTURER FAILED TO REFUND A DOWN PAYMENT11
	541	+	MADE TOWARD THE PURCHASE OF THE FACTORY -BUILT STRUCTURE; OR12
	542	+	(C) THE MANUFACTURER CEASED DOING BUSINESS OPERATIONS OR13
	543	+	FILED FOR BANKRUPTCY.14
	544	+	(a.7) (I) The division must SHALL conduct a full design and plan15
	545	+	review and inspection of the construction of factory-built structures to the16
	546	+	extent the design and construction relates to work performed off site or17
	547	+	work that is completed onsite using components shipped with the18
	548	+	factory-built structure AT THE INSTALLATION SITE as reflected in the19
	549	+	approved plans for the factory-built structure. A local government may20
	550	+	SHALL not duplicate efforts to review or approve the construction of a21
	551	+	factory-built structure that is under review or approved by the division nor22
	552	+	may SHALL it charge building permit fees to cover the cost of plan23
	553	+	reviews or inspections performed by the division. A local government's24
	554	+	jurisdiction is limited to work done onsite AT THE INSTALLATION SITE in25
	555	+	compliance with section 24-32-3311 (6) SUBSECTION (6) OF THIS SECTION26
	556	+	and includes associated plan review, permits, inspections, and fees.27
	557	+	1242
	558	+	-15- (II) The division may authorize a local government to inspect and1
	559	+	approve work that is completed onsite using components shipped with the2
	560	+	factory-built structure AT THE INSTALLATION SITE as reflected in the3
	561	+	approved plans for the factory-built structure. A local government may4
	562	+	charge inspection fees if authorized to assist the division to inspect and5
489	563		approve work
490	564		ON A FACTORY-BUILT STRUCTURE that is completed onsite
491		-	using components shipped with the factory-built structure AT THE
492		-	INSTALLATION SITE
493		-	as reflected in the approved plans for the factory-built
494		-	structure.
495		-	(4) A factory-built structure bearing an insignia of approval issued
496		-	by the division and affixed by the division or an authorized quality
497		-	assurance representative pursuant to this part 33 is deemed to be designed
498		-	and constructed in compliance with the requirements of all codes and
499		-	standards enacted or adopted by the state and accounting for any local
500		-	government installation requirements adopted in compliance with sections
501		-	24-32-3310 and 24-32-3318 that are applicable to the construction of
502		-	factory-built structures, to the extent that the design and construction relates
503		-	to work performed in a factory or work
504		-	ON A FACTORY-BUILT STRUCTURE
505		-	that is completed at a THE INSTALLATION site using components shipped
506		-	with the factory-built structure as reflected in the approved plans for the
507		-	factory-built structure. The determination by the division of the scope of
508		-	such approval is final. An insignia of approval affixed to the factory-built
509		-	structure does not expire unless the design and construction of the
510		-	factory-built structure has been modified from approved plans.
511		-	(6) All work at a
512		-	THE INSTALLATION site that is unrelated to the
513		-	installation of a factory-built structure or components shipped with
514		-	UNRELATED TO COMPLETING CONSTRUCTION OF A FACTORY -BUILT
515		-	STRUCTURE AT THE INSTALLATION SITE AS REFLECTED IN THE APPROVED
516		-	PLANS FOR
517		-	the factory-built structure, including additions, modifications,
518		-	and repairs to a factory-built structure, are IS subject to applicable local
519		-	government rules.
520		-	PAGE 13-HOUSE BILL 22-1242 SECTION 10. In Colorado Revised Statutes, repeal 24-32-3313 as
521		-	follows:
522		-	24-32-3313. Injunctive relief. The division may request the
523		-	appropriate court to enjoin the sale or delivery of any factory-built structure
524		-	upon an affidavit, specifying the manner in which the factory-built structure
525		-	does not conform to the requirements of this part 33 or the rules
526		-	promulgated pursuant to this part 33. The division may suspend the
527		-	authority of a manufacturer to affix insignias while injunctive relief is being
528		-	sought.
529		-	SECTION 11. In Colorado Revised Statutes, 24-32-3315, amend
530		-	(1)(c), (3), and (4) introductory portion as follows:
531		-	24-32-3315. Installers of manufactured homes and tiny homes
532		-	- registration - fees - educational requirements - rules. (1) (c) (I) A
533		-	homeowner who IS NOT REQUIRED TO REGISTER AS AN INSTALLER WITH THE
534		-	DIVISION IF THE HOMEOWNER
535		-	installs the owner's
536		-	HOMEOWNER'S own
	565	+	6
	566	+	using components shipped with the factory-built structure AT THE7
	567	+	INSTALLATION SITE as reflected in the approved plans for the factory-built8
	568	+	structure.9
	569	+	(4) A factory-built structure bearing an insignia of approval issued10
	570	+	by the division and affixed by the division or an authorized quality11
	571	+	assurance representative pursuant to this part 33 is deemed to be designed12
	572	+	and constructed in compliance with the requirements of all codes and13
	573	+	standards enacted or adopted by the state and accounting for any local14
	574	+	government installation requirements adopted in compliance with sections15
	575	+	24-32-3310 and 24-32-3318 that are applicable to the construction of16
	576	+	factory-built structures, to the extent that the design and construction17
	577	+	relates to work performed in a factory or work
	578	+	ON A FACTORY-BUILT18
	579	+	STRUCTURE that is completed at a
	580	+	THE INSTALLATION site using19
	581	+	components shipped with the factory-built structure as reflected in the20
	582	+	approved plans for the factory-built structure. The determination by the21
	583	+	division of the scope of such approval is final. An insignia of approval22
	584	+	affixed to the factory-built structure does not expire unless the design and23
	585	+	construction of the factory-built structure has been modified from24
	586	+	approved plans.25
	587	+	(6) All work at a THE INSTALLATION site that is unrelated to the26
	588	+	installation of a factory-built structure or components shipped with27
	589	+	1242
	590	+	-16- UNRELATED TO COMPLETING CONSTRUCTION OF A FACTORY -BUILT1
	591	+	STRUCTURE AT THE INSTALLATION SITE AS REFLECTED IN THE APPROVED2
	592	+	PLANS FOR the factory-built structure, including additions, modifications,3
	593	+	and repairs to a factory-built structure, are IS subject to applicable local4
	594	+	government rules.5
	595	+	SECTION 10. In Colorado Revised Statutes, repeal 24-32-33136
	596	+	as follows:7
	597	+	24-32-3313. Injunctive relief. The division may request the8
	598	+	appropriate court to enjoin the sale or delivery of any factory-built9
	599	+	structure upon an affidavit, specifying the manner in which the10
	600	+	factory-built structure does not conform to the requirements of this part11
	601	+	33 or the rules promulgated pursuant to this part 33. The division may12
	602	+	suspend the authority of a manufacturer to affix insignias while injunctive13
	603	+	relief is being sought.14
	604	+	SECTION 11. In Colorado Revised Statutes, 24-32-3315, amend15
	605	+	(1)(c), (3), and (4) introductory portion as follows:16
	606	+	24-32-3315. Installers of manufactured homes and tiny homes17
	607	+	- registration - fees - educational requirements - rules. (1) (c) (I) A18
	608	+	homeowner who IS NOT REQUIRED TO REGISTER AS AN INSTALLER WITH19
	609	+	THE DIVISION IF THE HOMEOWNER installs the owner's HOMEOWNER'S own20
537	610		manufactured home that is a one- or two-family dwelling
538		-	INTENDED FOR
539		-	THE HOMEOWNER
540		-	'S OWN PERSONAL USE OR A TINY HOME intended for their
541		-	THE HOMEOWNER 'S own personal use, is not required to register as an
542		-	installer with the division but THE HOMEOWNER must comply with all
543		-	provisions of this part 33 other than registration provisions. A homeowner
544		-	is limited to the
545		-	ONE installation of one manufactured home in any
546		-	twelve-month period and a total of no more than five during their THE
547		-	HOMEOWNER
548		-	'S lifetime.
549		-	(II) A homeowner installing their
550		-	THE HOMEOWNER 'S own
551		-	MANUFACTURED HOME OR TINY home is required to SHALL do their own THE
552		-	installation work. If the homeowner has another person perform installation
553		-	work, on their manufactured home, that person is required to MUST be a
554		-	registered or certified installer.
555		-	(3) An application A PERSON APPLYING for registration or
556		-	certification as a manufactured home AN installer, whether AN initial or
	611	+	INTENDED FOR21
	612	+	THE HOMEOWNER'S OWN PERSONAL USE OR A TINY HOME intended for their
	613	+	22
	614	+	THE HOMEOWNER'S own personal use, is not required to register as an23
	615	+	installer with the division, but THE HOMEOWNER must comply with all24
	616	+	provisions of this part 33 other than registration provisions. A homeowner25
	617	+	is limited to the ONE installation of one manufactured home in any26
	618	+	twelve-month period and a total of no more than five during their THE27
	619	+	1242
	620	+	-17- HOMEOWNER'S lifetime.1
	621	+	(II) A homeowner installing their THE HOMEOWNER 'S own2
	622	+	MANUFACTURED HOME OR TINY home is required to SHALL do their own3
	623	+	THE installation work. If the homeowner has another person perform4
	624	+	installation work, on their manufactured home, that person is required to5
	625	+	MUST be a registered or certified installer.6
	626	+	(3) An application A PERSON APPLYING for registration or7
	627	+	certification as a manufactured home AN installer, whether AN initial or8
557	628		renewal
558	629		APPLICATION, must be submitted
559		-	SUBMIT THE APPLICATION on a
560		-	form provided by the division and verified by a declaration dated and signed
	630	+	SUBMIT THE APPLICATION on a9
	631	+	form provided by the division and verified by a declaration dated and10
	632	+	signed
561	633		BY THE APPLICANT under penalty of perjury. by the applicant.
562		-	~~The~~
563		-	application must contain, in addition to any other information the ~~division~~
	634	+	The11
	635	+	application must contain, in addition to any other information the division12
564	636		may reasonably require, the name, address,
565		-	E-MAIL ADDRESS, and telephone
566		-	PAGE 14-HOUSE BILL 22-1242 number of the applicant. The division shall make the application and
567		-	declaration available for public inspection.
568		-	(4) On and after July 1, 2008, In order to be registered initially as a
569		-	manufactured home AN installer, an applicant must:
570		-	SECTION 12. In Colorado Revised Statutes, 24-32-3315.5, amend
571		-	(1) introductory portion, (1)(a), and (1)(b) as follows:
572		-	24-32-3315.5. Contract for the installation of manufactured
573		-	homes and tiny homes - requirements. (1) A registered or certified
574		-	installer must provide a contract for the installation of each manufactured
	637	+	E-MAIL ADDRESS, and13
	638	+	telephone number of the applicant. The division shall make the14
	639	+	application and declaration available for public inspection.15
	640	+	(4) On and after July 1, 2008,
	641	+	In order to be registered initially as16
	642	+	a manufactured home AN installer, an applicant must:17
	643	+	SECTION 12. In Colorado Revised Statutes, 24-32-3315.5,18
	644	+	amend (1) introductory portion, (1)(a), and (1)(b) as follows:19
	645	+	24-32-3315.5. Contract for the installation of manufactured20
	646	+	homes and tiny homes - requirements. (1) A registered or certified21
	647	+	installer must provide a contract for the installation of each manufactured22
575	648		home
576		-	OR TINY HOME and make the following disclosures in any ~~contract for~~
577		-	the installation of a manufactured home
578		-	OR TINY HOME:
579		-	(a) That the installer has a letter of credit, certificate of deposit, or
580		-	surety bond filed with the division for the performance of the installation;
	649	+	OR TINY HOME and make the following disclosures in any contract23
	650	+	for the installation of a manufactured home
	651	+	OR TINY HOME:24
	652	+	(a) That the installer has a letter of credit, certificate of deposit, or25
	653	+	surety bond filed with the division for the performance of the installation;26
581	654		of the manufactured home;
582		-	(b) That an aggrieved person may file a complaint with the division
583		-	concerning the performance of the installation, of the manufactured home,
584		-	including making a claim against the letter of credit, certificate of deposit, or surety bond filed with the division; and
585		-	SECTION 13. In Colorado Revised Statutes, 24-32-3316, amend
586		-	(1) as follows:
587		-	24-32-3316. Compliance with manufacturer's installation
588		-	instructions. (1) Except as provided by subsection (2) or (3) of this
589		-	section, any installation of a manufactured home in this state shall
590		-	MUST be
591		-	performed in strict accordance with the applicable manufacturer's
592		-	installation instructions. A copy of the manufacturer's instructions or the
593		-	standards promulgated by the division must be available at the time of
594		-	installation and inspection.
595		-	SECTION 14. In Colorado Revised Statutes, 24-32-3317, amend
596		-	(1), (2), (2.3), (2.9), (3)(a) introductory portion, (3)(a)(II) introductory
597		-	portion, (3)(a)(II)(C), (3)(b), (4), (5)(a) introductory portion, (5)(b), (6), (7),
598		-	(8), (9), (10) introductory portion, and (10)(e) as follows:
599		-	PAGE 15-HOUSE BILL 22-1242 24-32-3317. Installation of manufactured homes and tiny homes
600		-	- authorization - certificates - inspections - inspector qualification and
601		-	education requirements - rules. (1) Before beginning the
602		-	AN installation,
603		-	of a manufactured home, the owner or registered installer of a manufactured
	655	+	27
	656	+	1242
	657	+	-18- (b) That an aggrieved person may file a complaint with the1
	658	+	division concerning the performance of the installation, of the2
	659	+	manufactured home, including making a claim against the letter of credit,3
	660	+	certificate of deposit, or surety bond filed with the division; and4
	661	+	SECTION 13. In Colorado Revised Statutes, 24-32-3316, amend5
	662	+	(1) as follows:6
	663	+	24-32-3316. Compliance with manufacturer's installation7
	664	+	instructions. (1) Except as provided by subsection (2) or (3) of this8
	665	+	section, any installation of a manufactured home in this state shall MUST9
	666	+	be performed in strict accordance with the applicable manufacturer's10
	667	+	installation instructions. A copy of the manufacturer's instructions or the11
	668	+	standards promulgated by the division must be available at the time of12
	669	+	installation and inspection.13
	670	+	SECTION 14. In Colorado Revised Statutes, 24-32-3317, amend14
	671	+	(1), (2), (2.3), (2.9), (3)(a) introductory portion, (3)(a)(II) introductory15
	672	+	portion, (3)(a)(II)(C), (3)(b), (4), (5)(a) introductory portion, (5)(b), (6),16
	673	+	(7), (8), (9), (10) introductory portion, and (10)(e) as follows:17
	674	+	24-32-3317. Installation of manufactured homes and tiny18
	675	+	homes - authorization - certificates - inspections - inspector19
	676	+	qualification and education requirements - rules. (1) Before beginning20
	677	+	the AN installation, of a manufactured home, the owner or registered21
	678	+	installer of a manufactured home
	679	+	OR TINY HOME must submit a request to22
	680	+	the division and receive an installation authorization from the division on23
	681	+	a division-approved form, unless the installation is occurring in a24
	682	+	jurisdiction where a local government is participating as an independent25
	683	+	contractor, in which case the owner or registered installer is to follow the26
	684	+	local government's process for receiving authorization to install a27
	685	+	1242
	686	+	-19- manufactured home OR TINY HOME.1
	687	+	(2) The division may certify any installer who provides evidence2
	688	+	of five or more installations of manufactured homes
	689	+	OR TINY HOMES3
	690	+	performed by the installer for which installation authorizations have4
	691	+	previously been issued pursuant to
	692	+	IN ACCORDANCE WITH this section5
	693	+	when, in the judgment of the division, the installer has demonstrated the6
	694	+	ability to successfully complete installations of manufactured homes in7
	695	+	accordance with the requirements of this part 33.8
	696	+	(2.3) An installer certified by the division is not required to obtain9
	697	+	an installation authorization from the division, but
	698	+	A CERTIFIED INSTALLER10
	699	+	is required to obtain authorization to install a manufactured home
	700	+	OR TINY11
	701	+	HOME from any local government participating as an independent12
	702	+	contractor. F
	703	+	OR ANY INSTALLATION OCCURRING WITHIN THE JURISDICTION13
	704	+	OF A LOCAL GOVERNMENT NOT PARTICIPATING AS AN INDEPENDENT14
	705	+	CONTRACTOR, THE CERTIFIED INSTALLER, UPON COMPLETION OF THE15
	706	+	INSTALLATION IN ACCORDANCE WITH THIS PART 33 AND BOARD RULES,16
	707	+	SHALL AFFIX ON THE MANUFACTURED HOME OR TINY HOME an installation17
	708	+	insignia issued by the division. is to be affixed on the manufactured home
	709	+	18
	710	+	by the certified installer upon completion of the installation of the19
	711	+	manufactured home in accordance with the requirements of this part 3320
	712	+	and board rules in any jurisdiction not participating as an independent21
	713	+	contractor.22
	714	+	(2.9) The division or
	715	+	AN independent contractor at the request of23
	716	+	the division may, at the division's sole discretion, inspect the
	717	+	AN24
	718	+	installation of any manufactured home performed by a certified installer25
	719	+	pursuant to this subsection (2.9) and may require the certified installer to26
	720	+	correct, within a period established by rule promulgated by the board, any27
	721	+	1242
	722	+	-20- defects or deficiencies in the installation. The division may revoke the1
	723	+	certification of any installer certified pursuant to this subsection (2.9)2
	724	+	when, in the judgment of the division, the installer has performed3
	725	+	installations of a manufactured home AN INSTALLATION in violation of the4
	726	+	requirements of this part 33 OR BOARD RULES ADOPTED UNDER THIS PART5
	727	+	33. Any installer whose certification has been so revoked may apply for6
	728	+	recertification in accordance with rules promulgated by the division.7
	729	+	(3) (a) The division may fine
	730	+	A REGISTERED INSTALLER OR8
	731	+	suspend or revoke the registration of a registered installer if the installer9
	732	+	fails to:10
	733	+	(II) Otherwise pay to the owner or occupant of a manufactured11
604	734		home
605		-	OR TINY HOME must submit a request to the division and receive an
606		-	installation authorization from the division on a division-approved form,
607		-	unless the installation is occurring in a jurisdiction where a local
608		-	government is participating as an independent contractor, in which case the
609		-	owner or registered installer is to follow the local government's process for
610		-	receiving authorization to install a manufactured home
611		-	OR TINY HOME.
612		-	(2) The division may certify any installer who provides evidence of
613		-	five or more installations of manufactured homes
614		-	OR TINY HOMES performed
615		-	by the installer for which installation authorizations have previously been
616		-	issued pursuant to
617		-	IN ACCORDANCE WITH this section when, in the judgment
618		-	of the division, the installer has demonstrated the ability to successfully
619		-	complete installations of manufactured homes
620		-	in accordance with the
621		-	requirements of this part 33.
622		-	(2.3) An installer certified by the division is not required to obtain
623		-	an installation authorization from the division, but
624		-	A CERTIFIED INSTALLER
625		-	is required to obtain authorization to install a manufactured home OR TINY
	735	+	OR TINY HOME:12
	736	+	(C) A refund of any money paid up front that did not result in a13
	737	+	complete installation of the manufactured home
	738	+	BY THE INSTALLER or the14
	739	+	cost of completing THAT WAS USED TO PAY A DIFFERENT REGISTERED15
	740	+	INSTALLER TO COMPLETE the installation. by a different registered16
	741	+	installer.17
	742	+	(b) (I) A financial institution or authorized insurer is required to18
	743	+	make payment to the division making WHEN THE DIVISION MAKES a claim19
	744	+	against the letter of credit, certificate of deposit, or surety bond:20
	745	+	(A) If a court of competent jurisdiction has rendered a final21
	746	+	judgment in favor of the division based on a finding that the registered22
	747	+	installer failed to perform on the installation of the manufactured home23
	748	+	as required by this part 33 or board rules; or24
	749	+	(B) upon a ceasing of business operations or a bankruptcy filing25
	750	+	by the registered installer IF THE REGISTERED INSTALLER CEASES BUSINESS26
	751	+	OPERATIONS OR FILES FOR BANKRUPTCY .27
	752	+	1242
	753	+	-21- (II) THE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF1
	754	+	any installer who fails to provide a letter of credit, certificate of deposit,2
	755	+	or surety bond as required by section 24-32-3315 (2) and (6) or who3
	756	+	otherwise fails to pay any judgment by a court of competent jurisdiction4
	757	+	in favor of the division. is subject to the suspension or revocation of the5
	758	+	registration by the division.6
	759	+	(4) An owner or a registered installer must display an installation7
	760	+	authorization at the site of AT WHICH a manufactured home OR TINY HOME8
	761	+	IS to be installed until an installation insignia is issued by the division or9
	762	+	independent contractor, unless the installation is occurring in a10
	763	+	jurisdiction where a local government is participating as an independent11
	764	+	contractor. in which case IF THE LOCAL GOVERNMENT IS AN INDEPENDENT12
	765	+	CONTRACTOR, the owner or registered installer is to SHALL follow the13
	766	+	local government's process for identifying a manufactured home
	767	+	OR TINY14
	768	+	HOME to be installed until the division's installation insignia is issued by15
	769	+	the local government.16
	770	+	(5) (a) The division shall adopt rules that specify a standard form17
	771	+	to be used statewide by the division or an independent contractor as a18
	772	+	certificate of installation certifying that a manufactured home
	773	+	OR TINY19
	774	+	HOME was installed in compliance with the provisions of
	775	+	this part 33.20
	776	+	However, the certificate of installation applies only to
	777	+	AN installation of21 a manufactured home built in a factory and components shipped with the22
	778	+	manufactured home as reflected in the approved plans for the23
	779	+	manufactured home OR OF A TINY HOME. The certificate of installation24
	780	+	must include but not be limited to the following:25
	781	+	(b) If a vacant manufactured home
	782	+	OR TINY HOME fails an26
	783	+	installation inspection because of conditions that endanger the health or27
	784	+	1242
	785	+	-22- safety of the occupant, the manufactured home OR TINY HOME cannot be1
	786	+	occupied
	787	+	UNTIL THE DEFECTS OR DEFICIENCIES THAT FORM THE BASIS OF2
	788	+	THE FAILED INSPECTION ARE CORRECTED. If a manufactured home OR TINY3
	789	+	HOME fails an installation inspection because of conditions that do not4
	790	+	endanger the health or safety of the occupant, the manufactured home
	791	+	OR5
	792	+	TINY HOME may be occupied pending the correction of those defects or6
	793	+	deficiencies that served as the basis of the failed inspection.7
	794	+	(6) In addition to inspections performed pursuant to subsection8
	795	+	(2.9) of this section, the division or the independent contractor that9
	796	+	performs inspections and enforcement of proper installation of
	797	+	10
	798	+	manufactured homes INSTALLATIONS may inspect the AN installation of11
	799	+	a manufactured home upon request filed by the owner, installer,12
	800	+	manufacturer, or seller. of the manufactured home. The PARTY13
	801	+	REQUESTING THE inspection must be paid for by the party that requested14
	802	+	PAY FOR the inspection.15
	803	+	(7) If the AN installation of a manufactured home by an installer16
	804	+	has failed FAILS the inspection conducted by the division or the17
	805	+	independent contractor and it is determined by the division or the18
	806	+	independent contractor
	807	+	DETERMINES that the installer has FAILED TO19
	808	+	COMPLY WITH THE MANUFACTURER 'S INSTRUCTIONS OR violated any of the20
	809	+	installation standards promulgated by the division, the installer must
	810	+	21
	811	+	SHALL reimburse the party requesting the inspection for the cost of the22
	812	+	failed inspection and must pay for any subsequent repairs necessary to23
	813	+	bring the installation into compliance with the manufacturer's instructions24
	814	+	or standards promulgated by the division. The installer must SHALL also25
	815	+	pay for any subsequent inspections required by the division or the26
	816	+	independent contractor. Failure of the installer to pay for any inspections27
	817	+	1242
	818	+	-23- or subsequent repairs deemed necessary by the division or the1
	819	+	independent contractor shall result RESULTS in the forfeiture of the2
	820	+	installer's performance bond on behalf of the owner. of the manufactured3
	821	+	home.4
	822	+	(8) (a) The division may authorize an independent contractor to5
	823	+	perform inspections and enforcement of proper installation of6
	824	+	manufactured homes INSTALLATIONS.7
	825	+	(b) (I) The division may SHALL provide training for independent8
	826	+	contractors
	827	+	TO PERFORM INSTALLATION INSPECTIONS. THE TRAINING MUST9
	828	+	ENABLE INDEPENDENT CONTRACTORS WHO SUCCESSFULLY COMPLETE THE10
	829	+	TRAINING TO BE CERTIFIED BY THE DIVISION. Independent contractors must11
	830	+	be certified by the division to perform installation inspections.12
	831	+	(II) T
	832	+	HE DIVISION MAY ACCEPT GIFTS, GRANTS, OR DONATIONS FOR13
	833	+	THE TRAINING OF INDEPENDENT CONTRACTORS . THE DIVISION SHALL14
	834	+	TRANSMIT ANY GIFTS, GRANTS, OR DONATIONS IT RECEIVES TO THE STATE15
	835	+	TREASURER FOR DEPOSIT IN THE BUILDING REGULATION FUND CREATED IN16
	836	+	SECTION 24-32-3309.17
	837	+	(c) The division must
	838	+	SHALL establish by rule the qualifications of18
	839	+	an inspector and the areas of expertise necessary for inspecting19
	840	+	manufactured homes On and after July 1, 2008, OR TINY HOMES. A new20
	841	+	inspector must pass a division-approved installation test. The21
	842	+	qualifications for an inspector include but are not limited to those of a22
	843	+	professional civil engineer, or local housing inspector, or independent23
	844	+	contractor. Commencing in 2009, Inspectors must SHALL also complete24
	845	+	and maintain records of the completion of division-approved education25
	846	+	as established by the board through rulemaking BY RULE.26
	847	+	(9) If an installation or subsequent repair of an installation by an27
	848	+	1242
	849	+	-24- installer fails to COMPLY WITH THE MANUFACTURER 'S INSTRUCTIONS OR1
	850	+	meet the standards promulgated by the division within a period2
	851	+	determined by the division, the division must SHALL investigate the3
	852	+	actions of the installer. The division may revoke, suspend, or refuse to4
	853	+	renew the registration or certification of the installer for failing to comply5
	854	+	with the
	855	+	MANUFACTURER'S INSTRUCTIONS OR THE division's standards6
	856	+	regarding
	857	+	AN installation. of a manufactured home.
	858	+	Any independent7
	859	+	contractor that knows of an installer whose installations fail HAVE FAILED8
	860	+	inspection and have not been cured by subsequent repair must SHALL9
	861	+	request that the division investigate the installer.10
	862	+	(10) The board must SHALL adopt rules concerning:11
	863	+	(e) Any other rule MATTER necessary for the implementation of12
	864	+	manufactured home THE installation requirements in this part 33.13
	865	+	SECTION 15. In Colorado Revised Statutes, amend 24-32-331814
	866	+	as follows:15
	867	+	24-32-3318. Local installation standards preempted.16
	868	+	(1) E
	869	+	XCEPT AS AUTHORIZED IN SECTION
	870	+	24-32-3329, a local government17
	871	+	may SHALL not adopt less stringent standards for the AN installation of a18
	872	+	manufactured home than those promulgated by the division. A local19
	873	+	government may SHALL not, without express consent by the division,20
	874	+	adopt different standards than the standards for the AN installation of a21
	875	+	manufactured home promulgated by the division.22
	876	+	(2) (a) Nothing in this section may preclude PROHIBITS a local23
	877	+	government from enacting standards for
	878	+	TINY
	879	+	HOMES, mobile HOMES, or24
	880	+	modular homes concerning unique public safety requirements related to25
	881	+	geographic or climatic conditions, such as weight restrictions for roof26
	882	+	snow loads, or wind shear factors, OR WILDFIRE RISK, as otherwise27
	883	+	1242
	884	+	-25- permitted by law.1
	885	+	(b) U
	886	+	NLESS THE UNITED STATES DEPARTMENT OF HOUSING AND2
	887	+	URBAN DEVELOPMENT HAS GRANTED AN EXEMPTION TO A LOCAL3
	888	+	GOVERNMENT, a local government may
	889	+	SHALL not impose:4
	890	+	(I) Weight restrictions for roof snow loads or wind shear factors5
	891	+	on a manufactured home built to the federal manufactured home6
	892	+	construction and safety standards that are different from what has been7
	893	+	zoned for the state of Colorado by the United States department of8
	894	+	housing and urban development pursuant to the federal act; or impose9
	895	+	(II) Any other requirements that would impact the design and10
	896	+	construction of the
	897	+	MANUFACTURED home. unless an exemption has been
	898	+	11
	899	+	granted for that jurisdiction by the United States department of housing12
	900	+	and urban development.13
	901	+	(3) Nothing in this section prohibits a local government from14
	902	+	requiring on-site mitigation to address unique public safety requirements15
	903	+	related to geographic and climatic conditions, such as weight restrictions16
	904	+	for roof snow loads, and wind shear factors, OR WILDFIRE RISK on a17
	905	+	manufactured home built to the federal manufactured home construction18
	906	+	and safety standards, so long as there is no interference with the federal19
	907	+	standards for the design and construction of the manufactured home.20
	908	+	SECTION 16. In Colorado Revised Statutes, amend 24-32-332121
	909	+	as follows:22
	910	+	24-32-3321. Investigations of consumer complaints. The23
	911	+	division may investigate complaints filed by owners, occupants, or other24
	912	+	consumers relating to the construction of factory-built structures and25
	913	+	manufactured homes, and the sale or installation OR SALE of26
	914	+	manufactured homes
	915	+	AND TINY HOMES as necessary to enforce and27
	916	+	1242
	917	+	-26- administer this part 33.1
	918	+	SECTION 17. In Colorado Revised Statutes, repeal 24-32-33222
	919	+	as follows:3
	920	+	24-32-3322. Training of inspectors - acceptance of gifts,4
	921	+	grants, and donations. (1) On and after July 1, 2000, the division must5
	922	+	train independent contractors to perform installation inspections for6
	923	+	manufactured homes. The training must enable independent contractors7
	924	+	who successfully complete the training to become certified by the8
	925	+	division.9
	926	+	(2) On and after July 1, 2000, the division may accept gifts,10
	927	+	grants, or donations for the training of independent contractors. The gifts,11
	928	+	grants, or donations received must be transmitted to the state treasurer12
	929	+	who must credit the money to the building regulation fund created in13
	930	+	section 24-32-3309.14
	931	+	SECTION 18. In Colorado Revised Statutes, amend 24-32-332315
	932	+	as follows:16
	933	+	24-32-3323. Sellers of manufactured homes and tiny homes -17
	934	+	registration. (1) Any seller is required to register with the division18
	935	+	before engaging in the business of selling manufactured homes to be OR19
	936	+	TINY HOMES IF EITHER IS installed in Colorado.20
	937	+	(2) An application A PERSON APPLYING for a registration or21
	938	+	renewal required by this section must be submitted SUBMIT THE22
	939	+	APPLICATION on a form provided by the division and must be verified23
	940	+	VERIFY THE APPLICATION by a declaration signed and dated, under penalty24
	941	+	of perjury, by a principal of the manufactured home seller. The25
	942	+	application must contain, in addition to such ANY other information26
	943	+	regarding the conduct of the manufactured home seller's business as THAT27
	944	+	1242
	945	+	-27- the division may reasonably require, the name, address, E-MAIL ADDRESS,1
	946	+	and position of each principal of the manufactured home seller and each2
	947	+	person who exercises management responsibilities as part of the3
	948	+	manufactured home seller's business activities. The application must also4
	949	+	contain the address,
	950	+	E-MAIL ADDRESS, and telephone number of each retail5
	951	+	location operated by the applicant, as well as the location and account6
	952	+	number of the separate fiduciary account required by section 24-32-33247
	953	+	(1) and any board rules. The division must preserve the application and8
	954	+	declaration and make them available for public inspection.9
	955	+	(3) (a) T
	956	+	HE DIVISION SHALL REGISTER AN APPLICANT THAT10
	957	+	COMPLIES WITH SUBSECTION (2) OF THIS SECTION AND THAT IS QUALIFIED11
	958	+	IN ACCORDANCE WITH THIS SECTION AND THE RULES PROMULGATED12
	959	+	UNDER THIS SECTION.13
	960	+	(b) A registration issued pursuant to subsection (2)
	961	+	UNDER14
	962	+	SUBSECTION (3)(a) of this section is valid for one year TWELVE MONTHS15
	963	+	after the date of issuance. The amount of the DIVISION SHALL NOT SET THE16
	964	+	registration fee cannot be AT AN AMOUNT OF more than two hundred17
	965	+	dollars.18
	966	+	(c) If, after issuance of a registration REGISTERING A SELLER, any19
	967	+	of the required information submitted with the application for the20
	968	+	registration pursuant to subsection (2) of this section becomes inaccurate,21
	969	+	a principal of the manufactured home seller must SHALL notify the22
	970	+	division in writing of the inaccuracy within thirty days and provide the23
	971	+	division with accurate updated information.24
	972	+	(4) For purposes of this section, a person is not a seller if the25
	973	+	person:26
	974	+	(a) Is a natural person acting personally in selling a manufactured27
	975	+	1242
	976	+	-28- home owned or leased by the person OR A TINY HOME OWNED OR LEASED1
	977	+	BY THE PERSON;2
	978	+	(b) Sells a manufactured home
	979	+	OR A TINY HOME in the course of3
	980	+	engaging in activities that are subject to the provisions of
	981	+	article 10 of4
	982	+	title 12 or activities that would be subject to the provisions but for a5
	983	+	specific exemption set forth in article 10 of title 12 OR AN EXEMPTION SET6
	984	+	FORTH IN ARTICLE 10 OF TITLE 12;7
	985	+	(c) Sells a manufactured home
	986	+	OR A TINY HOME for salvage or8
	987	+	nonresidential use;9
	988	+	(d) Directly or indirectly sells, in any calendar year, three or fewer10
	989	+	previously occupied manufactured homes that
	990	+	OR TINY HOMES THAT are11
	991	+	owned by a manufactured MOBILE home park owner and are located12
	992	+	within one or more manufactured MOBILE home parks in Colorado; or13
	993	+	(e) For a salary, commission, or compensation of any kind, is14
	994	+	employed directly or indirectly by any registered manufactured home15
	995	+	seller to sell or negotiate for the sale of manufactured homes
	996	+	OR TINY16
	997	+	HOMES.17
	998	+	SECTION 19. In Colorado Revised Statutes, 24-32-3324, amend18
	999	+	(2) as follows:19
	1000	+	24-32-3324. Escrow and bonding requirements - rules.20
	1001	+	(2) (a) A seller must provide a letter of credit
	1002	+	OR certificate of deposit21
	1003	+	issued by a licensed financial institution or surety bond issued by an22
	1004	+	authorized insurer in an amount and
	1005	+	IN ACCORDANCE WITH THE process23
	1006	+	established by the board through rulemaking
	1007	+	BY RULE.24
	1008	+	(b) A financial institution or authorized insurer is required to25
	1009	+	make payment to the division making WHEN THE DIVISION MAKES a claim26
	1010	+	against the letter of credit, certificate of deposit, or surety bond:27
	1011	+	1242
	1012	+	-29- (I) If a court of competent jurisdiction has rendered a final1
	1013	+	judgment in favor of the division based on a finding that the registered2
	1014	+	seller failed to:3
	1015	+	(A) Deliver the manufactured home
	1016	+	OR TINY HOME or refund4
	1017	+	payments made toward the purchase of the manufactured home pursuant
	1018	+	5
	1019	+	to OR OF THE TINY HOME AS REQUIRED BY this part 33 or board rules; or6
	1020	+	(B) Provide a reasonable per diem living expense in violation of7
	1021	+	the contractual provisions required by section 24-32-3325; or8
	1022	+	(II) Upon a ceasing of business operations or a bankruptcy filing9
	1023	+	by the registered seller IF THE REGISTERED SELLER CEASES BUSINESS10
	1024	+	OPERATIONS OR FILES FOR BANKRUPTCY .11
	1025	+	(c) T
	1026	+	HE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF12
	1027	+	any seller who
	1028	+	THAT fails to provide a letter of credit, certificate of13
	1029	+	deposit, or surety bond as required by this subsection (2) or who THAT14
	1030	+	otherwise fails to pay any judgment by a court of competent jurisdiction15
	1031	+	in favor of the division. is subject to the suspension or revocation of the16
	1032	+	registration by the division.17
	1033	+	SECTION 20. In Colorado Revised Statutes, 24-32-3325, amend18
	1034	+	(1) introductory portion, (1)(a), (1)(c), (1)(d), and (2) as follows:19
	1035	+	24-32-3325. Contract for sale of manufactured home or tiny20
	1036	+	home - requirements. (1) A seller must provide a contract with the sale21
	1037	+	of each manufactured home
	1038	+	OR TINY HOME and make the following22
	1039	+	disclosures in any contract for the sale of a manufactured home
	1040	+	OR TINY23
	1041	+	HOME:24
	1042	+	(a) That the purchaser may have no legal right to rescind the25
	1043	+	contract absent delinquent delivery of the manufactured home
	1044	+	or the26
	1045	+	existence of a specific right of rescission set forth in the contract;27
	1046	+	1242
	1047	+	-30- (c) That an aggrieved person may file a complaint WITH THE1
	1048	+	DIVISION AGAINST THE SELLER for a refund of any payment held in escrow2
	1049	+	by a seller; of manufactured homes against the seller with the division;3
	1050	+	and4
	1051	+	(d) That an aggrieved person may bring a civil action pursuant to5
	1052	+	the provisions of the "Colorado Consumer Protection Act", section6
	1053	+	6-1-709, to remedy violations of manufactured home seller requirements7
	1054	+	in this part 33. However, damages are limited in accordance with the8
	1055	+	provisions of section 6-1-113 (2.5).9
	1056	+	(2) A contract for the sale of a manufactured home
	1057	+	OR TINY HOME10
	1058	+	by a seller must also contain the following provisions:11
	1059	+	(a) E
	1060	+	ITHER:12
	1061	+	(I) A date certain for the delivery of the manufactured home
	1062	+	OR13
	1063	+	TINY HOME; or14
	1064	+	(II) A listing of specified delivery preconditions that must occur15
	1065	+	before a date certain for delivery can be determined;16
	1066	+	(b) A statement that if delivery of the manufactured home
	1067	+	OR TINY17
	1068	+	HOME is delayed by more than sixty days after the delivery date specified18
	1069	+	in the contract of sale or by more than sixty days after the delivery19
	1070	+	preconditions set forth in the contract of sale have been met if no date20
	1071	+	certain for delivery has been set, the seller will either refund the21
	1072	+	manufactured home sale
	1073	+	down payment or provide a reasonable per diem22
	1074	+	living expense to the buyer for the days between the delivery date23
	1075	+	specified in the contract or the sixty-first day after the delivery24
	1076	+	preconditions set forth in the contract have been met, whichever is25
	1077	+	applicable, and the actual date of delivery, unless the delay in delivery is26
	1078	+	unavoidable or caused by the buyer; and27
	1079	+	1242
	1080	+	-31- (c) An agreed upon location for delivery of the manufactured1
626	1081		home
627		-	from any local government participating as an independent
628		-	contractor. F
629		-	OR ANY INSTALLATION OCCURRING WITHIN THE JURISDICTION
630		-	OF A LOCAL GOVERNMENT NOT PARTICIPATING AS AN INDEPENDENT
631		-	CONTRACTOR
632		-	, THE CERTIFIED INSTALLER , UPON COMPLETION OF THE
633		-	INSTALLATION IN ACCORDANCE WITH THIS PART
634		-	33 AND BOARD RULES,
635		-	SHALL AFFIX ON THE MANUFACTURED HOME OR TINY HOME an installation
636		-	insignia issued by the division. is to be affixed on the manufactured home
637		-	by the certified installer upon completion of the installation of the
638		-	manufactured home in accordance with the requirements of this part 33 and
639		-	board rules in any jurisdiction not participating as an independent
640		-	contractor.
641		-	(2.9) The division or AN independent contractor at the request of the
642		-	division may, at the division's sole discretion, inspect the AN installation of
643		-	any manufactured home performed by a certified installer pursuant to this
644		-	subsection (2.9) and may require the certified installer to correct, within a
645		-	period established by rule promulgated by the board, any defects or
646		-	deficiencies in the installation. The division may revoke the certification of
647		-	PAGE 16-HOUSE BILL 22-1242 any installer certified pursuant to this subsection (2.9) when, in the
648		-	judgment of the division, the installer has performed installations of a
649		-	manufactured home AN INSTALLATION in violation of the requirements of
650		-	this part 33 OR BOARD RULES ADOPTED UNDER THIS PART 33. Any installer
651		-	whose certification has been so revoked may apply for recertification in
652		-	accordance with rules promulgated by the division.
653		-	(3) (a) The division may fine
654		-	A REGISTERED INSTALLER OR suspend
655		-	or revoke the registration of a registered installer if the installer fails to:
656		-	(II) Otherwise pay to the owner or occupant of a manufactured home
657		-	OR TINY HOME:
658		-	(C) A refund of any money paid up front that did not result in a
659		-	complete installation of the manufactured home
660		-	BY THE INSTALLER or the
661		-	cost of completing THAT WAS USED TO PAY A DIFFERENT REGISTERED
662		-	INSTALLER TO COMPLETE
663		-	the installation. by a different registered installer.
664		-	(b) (I) A financial institution or authorized insurer is required to
665		-	make payment to the division making WHEN THE DIVISION MAKES a claim
666		-	against the letter of credit, certificate of deposit, or surety bond:
667		-	(A) If a court of competent jurisdiction has rendered a final
668		-	judgment in favor of the division based on a finding that the registered
669		-	installer failed to perform on the installation of the manufactured home
670		-	as
671		-	required by this part 33 or board rules; or
672		-	(B) upon a ceasing of business operations or a bankruptcy filing by
673		-	the registered installer IF THE REGISTERED INSTALLER CEASES BUSINESS
674		-	OPERATIONS OR FILES FOR BANKRUPTCY
675		-	.
676		-	(II) T
677		-	HE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF
678		-	any installer who fails to provide a letter of credit, certificate of deposit, or
679		-	surety bond as required by section 24-32-3315 (2) and (6) or who otherwise
680		-	fails to pay any judgment by a court of competent jurisdiction in favor of
681		-	the division. is subject to the suspension or revocation of the registration by
682		-	the division.
683		-	(4) An owner or a registered installer must display an installation
684		-	authorization at the site of AT WHICH a manufactured home OR TINY HOME
685		-	PAGE 17-HOUSE BILL 22-1242 IS to be installed until an installation insignia is issued by the division or
686		-	independent contractor, unless the installation is occurring in a jurisdiction
687		-	where a local government is participating as an independent contractor. in
688		-	which case IF THE LOCAL GOVERNMENT IS AN INDEPENDENT CONTRACTOR ,
689		-	the owner or registered installer is to SHALL follow the local government's
690		-	process for identifying a manufactured home
691		-	OR TINY HOME to be installed
692		-	until the division's installation insignia is issued by the local government.
693		-	(5) (a) The division shall adopt rules that specify a standard form to
694		-	be used statewide by the division or an independent contractor as a
695		-	certificate of installation certifying that a manufactured home
696		-	OR TINY HOME
697		-	was installed in compliance with the provisions of
698		-	this part 33. However,
699		-	the certificate of installation applies only to
700		-	AN installation of a
701		-	manufactured home built in a factory and components shipped with themanufactured home as reflected in the approved plans for the manufactured
702		-	home OR OF A TINY HOME. The certificate of installation must include but
703		-	not be limited to the following:
704		-	(b) If a vacant manufactured home
705		-	OR TINY HOME fails an
706		-	installation inspection because of conditions that endanger the health or
707		-	safety of the occupant, the manufactured home
708		-	OR TINY HOME cannot be
709		-	occupied
710		-	UNTIL THE DEFECTS OR DEFICIENCIES THAT FORM THE BASIS OF THE
711		-	FAILED INSPECTION ARE CORRECTED
712		-	. If a manufactured home OR TINY HOME
713		-	fails an installation inspection because of conditions that do not endanger
714		-	the health or safety of the occupant, the manufactured home
715		-	OR TINY HOME
716		-	may be occupied pending the correction of those defects or deficiencies that
717		-	served as the basis of the failed inspection.
718		-	(6) In addition to inspections performed pursuant to subsection (2.9)
719		-	of this section, the division or the independent contractor that performs
720		-	inspections and enforcement of proper installation of manufactured homesINSTALLATIONS may inspect the AN installation of a manufactured home
721		-	upon request filed by the owner, installer, manufacturer, or seller. of the
722		-	manufactured home. The PARTY REQUESTING THE inspection must be paid
723		-	for by the party that requested PAY FOR the inspection.
724		-	(7) If the AN installation of a manufactured home by an installer has
725		-	failed FAILS the inspection conducted by the division or the independent
726		-	contractor and it is determined by the division or the independent contractor
727		-	DETERMINES that the installer has FAILED TO COMPLY WITH THE
728		-	PAGE 18-HOUSE BILL 22-1242 MANUFACTURER'S INSTRUCTIONS OR violated any of the installation
729		-	standards promulgated by the division, the installer must SHALL reimburse
730		-	the party requesting the inspection for the cost of the failed inspection and
731		-	must
732		-	pay for any subsequent repairs necessary to bring the installation into
733		-	compliance with the manufacturer's instructions or standards promulgated
734		-	by the division. The installer must
735		-	SHALL also pay for any subsequent
736		-	inspections required by the division or the independent contractor. Failure
737		-	of the installer to pay for any inspections or subsequent repairs deemed
738		-	necessary by the division or the independent contractor shall result
739		-	RESULTS
740		-	in the forfeiture of the installer's performance bond on behalf of the owner. of the manufactured home.
741		-	(8) (a) The division may authorize an independent contractor to
742		-	perform inspections and enforcement of proper installation of manufactured
743		-	homes INSTALLATIONS.
744		-	(b) (I) The division may SHALL provide training for independent
745		-	contractors
746		-	TO PERFORM INSTALLATION INSPECTIONS . THE TRAINING MUST
747		-	ENABLE INDEPENDENT CONTRACTORS WHO SUCCESSFULLY COMPLETE THE
748		-	TRAINING TO BE CERTIFIED BY THE DIVISION
749		-	. Independent contractors must
750		-	be certified by the division to perform installation inspections.
751		-	(II) T
752		-	HE DIVISION MAY ACCEPT GIFTS, GRANTS, OR DONATIONS FOR
753		-	THE TRAINING OF INDEPENDENT CONTRACTORS
754		-	. THE DIVISION SHALL
755		-	TRANSMIT ANY GIFTS
756		-	, GRANTS, OR DONATIONS IT RECEIVES TO THE STATE
757		-	TREASURER FOR DEPOSIT IN THE BUILDING REGULATION FUND CREATED IN
758		-	SECTION
759		-	24-32-3309.
760		-	(c) The division must
761		-	SHALL establish by rule the qualifications of
762		-	an inspector and the areas of expertise necessary for inspecting
763		-	manufactured homes On and after July 1, 2008,
764		-	OR TINY HOMES. A new
765		-	inspector must pass a division-approved installation test. The qualifications
766		-	for an inspector include but are not limited to
767		-	those of a professional civil
768		-	engineer, or local housing inspector, or independent contractor.
769		-	Commencing in 2009, Inspectors must SHALL also complete and maintain
770		-	records of the completion of division-approved education as established by
771		-	the board through rulemaking
772		-	BY RULE.
773		-	(9) If an installation or subsequent repair of an installation by an
774		-	installer fails to COMPLY WITH THE MANUFACTURER 'S INSTRUCTIONS OR
775		-	PAGE 19-HOUSE BILL 22-1242 meet the standards promulgated by the division within a period determined
776		-	by the division, the division must SHALL investigate the actions of the
777		-	installer. The division may revoke, suspend, or refuse to renew the
778		-	registration or certification of the installer for failing to comply with the
779		-	MANUFACTURER'S INSTRUCTIONS OR THE division's standards regarding AN
780		-	installation. of a manufactured home. Any independent contractor that
781		-	knows of an installer whose installations fail HAVE FAILED inspection and
782		-	have not been cured by subsequent repair must SHALL request that the
783		-	division investigate the installer.
784		-	(10) The board must SHALL adopt rules concerning:
785		-	(e) Any other rule MATTER necessary for the implementation of
786		-	manufactured home THE installation requirements in this part 33.
787		-	SECTION 15. In Colorado Revised Statutes, amend 24-32-3318
788		-	as follows:
789		-	24-32-3318. Local installation standards preempted. (1) E
790		-	XCEPT
791		-	AS AUTHORIZED IN SECTION
792		-	24-32-3329, a local government may
793		-	SHALL not
794		-	adopt less stringent standards for the AN installation of a manufactured
795		-	home than those promulgated by the division. A local government may
796		-	SHALL not, without express consent by the division, adopt different
797		-	standards than the standards for the AN installation of a manufactured home
798		-	promulgated by the division.
799		-	(2) (a) Nothing in this section may preclude PROHIBITS a local
800		-	government from enacting standards for
801		-	TINY HOMES, mobile HOMES, or
802		-	modular homes concerning unique public safety requirements related to
803		-	geographic or climatic conditions, such as weight restrictions for roof snow
804		-	loads, or
805		-	wind shear factors, OR WILDFIRE RISK, as otherwise permitted by
806		-	law.
807		-	(b) U
808		-	NLESS THE UNITED STATES DEPARTMENT OF HOUSING AND
809		-	URBAN DEVELOPMENT HAS GRANTED AN EXEMPTION TO A LOCAL
810		-	GOVERNMENT
811		-	, a local government may
812		-	SHALL not impose:
813		-	(I) Weight restrictions for roof snow loads or wind shear factors on
814		-	a manufactured home built to the federal manufactured home construction
815		-	and safety standards that are different from what has been zoned for the
816		-	PAGE 20-HOUSE BILL 22-1242 state of Colorado by the United States department of housing and urban
817		-	development pursuant to the federal act; or impose
818		-	(II) Any other requirements that would impact the design and
819		-	construction of the
820		-	MANUFACTURED home. unless an exemption has beengranted for that jurisdiction by the United States department of housing and
821		-	urban development.
822		-	(3) Nothing in this section prohibits a local government from
823		-	requiring on-site mitigation to address unique public safety requirements
824		-	related to geographic and climatic conditions, such as weight restrictions for
825		-	roof snow loads, and
826		-	wind shear factors, OR WILDFIRE RISK on a
827		-	manufactured home built to the federal manufactured home construction
828		-	and safety standards, so long as there is no interference with the federal
829		-	standards for the design and construction of the manufactured home.
830		-	SECTION 16. In Colorado Revised Statutes, amend 24-32-3321
831		-	as follows:
832		-	24-32-3321. Investigations of consumer complaints. The division
833		-	may investigate complaints filed by owners, occupants, or other consumers
834		-	relating to the construction of factory-built structures and manufactured
835		-	homes, and the sale or
836		-	installation OR SALE of manufactured homes AND
837		-	TINY HOMES
838		-	as necessary to enforce and administer this part 33.
839		-	SECTION 17. In Colorado Revised Statutes, repeal 24-32-3322 as
840		-	follows:
841		-	24-32-3322. Training of inspectors - acceptance of gifts, grants,
842		-	and donations. (1) On and after July 1, 2000, the division must trainindependent contractors to perform installation inspections for
843		-	manufactured homes. The training must enable independent contractors
844		-	who successfully complete the training to become certified by the division.
845		-	(2) On and after July 1, 2000, the division may accept gifts, grants,
846		-	or donations for the training of independent contractors. The gifts, grants,
847		-	or donations received must be transmitted to the state treasurer who must
848		-	credit the money to the building regulation fund created in section
849		-	24-32-3309.
850		-	PAGE 21-HOUSE BILL 22-1242 SECTION 18. In Colorado Revised Statutes, amend 24-32-3323
851		-	as follows:
852		-	24-32-3323. Sellers of manufactured homes and tiny homes -
853		-	registration. (1) Any seller is required to register with the division before
854		-	engaging in the business of selling manufactured homes to be OR TINY
855		-	HOMES IF EITHER IS
856		-	installed in Colorado.
857		-	(2) An application
858		-	A PERSON APPLYING for a registration or renewal
859		-	required by this section must be submitted SUBMIT THE APPLICATION on a
860		-	form provided by the division and must be verified VERIFY THE
861		-	APPLICATION
862		-	by a declaration signed and dated, under penalty of perjury, by
863		-	a principal of the manufactured home
864		-	seller. The application must contain,
865		-	in addition to such ANY other information regarding the conduct of the
866		-	manufactured home seller's business as THAT the division may reasonably
867		-	require, the name, address,
868		-	E-MAIL ADDRESS, and position of each principal
869		-	of the manufactured home
870		-	seller and each person who exercises
871		-	management responsibilities as part of the manufactured home seller's
872		-	business activities. The application must also contain the address,
873		-	E-MAIL
874		-	ADDRESS
875		-	, and telephone number of each retail location operated by the
876		-	applicant, as well as the location and account number of the separate
877		-	fiduciary account required by section 24-32-3324 (1) and any board rules.
878		-	The division must preserve the application and declaration and make them
879		-	available for public inspection.
880		-	(3) (a) T
881		-	HE DIVISION SHALL REGISTER AN APPLICANT THAT COMPLIES
882		-	WITH SUBSECTION
883		-	(2) OF THIS SECTION AND THAT IS QUALIFIED IN
884		-	ACCORDANCE WITH THIS SECTION AND THE RULES PROMULGATED UNDER
885		-	THIS SECTION
886		-	.
887		-	(b) A registration issued pursuant to subsection (2)
888		-	UNDER
889		-	SUBSECTION
890		-	(3)(a) of this section is valid for one year
891		-	TWELVE MONTHS
892		-	after the date of issuance. The amount of the DIVISION SHALL NOT SET THE
893		-	registration fee cannot be AT AN AMOUNT OF more than two hundred dollars.
894		-	(c) If, after issuance of a registration REGISTERING A SELLER, any of
895		-	the required information submitted with the application for the registration
896		-	pursuant to subsection (2) of this section
897		-	becomes inaccurate, a principal of
898		-	the manufactured home seller must SHALL notify the division in writing of
899		-	the inaccuracy within thirty days and provide the division with accurate
900		-	PAGE 22-HOUSE BILL 22-1242 updated information.
901		-	(4) For purposes of this section, a person is not a seller if the person:
902		-	(a) Is a natural person acting personally in selling a manufactured
903		-	home owned or leased by the person
904		-	OR A TINY HOME OWNED OR LEASED BY
905		-	THE PERSON
906		-	;
907		-	(b) Sells a manufactured home
908		-	OR A TINY HOME in the course of
909		-	engaging in activities that are subject to the provisions of
910		-	article 10 of title
911		-	12 or activities that would be subject to the provisions but for a specific
912		-	exemption set forth in article 10 of title 12 OR AN EXEMPTION SET FORTH IN
913		-	ARTICLE
914		-	10 OF TITLE 12;
915		-	(c) Sells a manufactured home
916		-	OR A TINY HOME for salvage or
917		-	nonresidential use;
918		-	(d) Directly or indirectly sells, in any calendar year, three or fewer
919		-	previously occupied manufactured homes that
920		-	OR TINY HOMES THAT are
921		-	owned by a manufactured MOBILE home park owner and are located within
922		-	one or more manufactured MOBILE home parks in Colorado; or
923		-	(e) For a salary, commission, or compensation of any kind, is
924		-	employed directly or indirectly by any registered manufactured home seller
925		-	to sell or negotiate for the sale of manufactured homes
926		-	OR TINY HOMES.
927		-	SECTION 19. In Colorado Revised Statutes, 24-32-3324, amend
928		-	(2) as follows:
929		-	24-32-3324. Escrow and bonding requirements - rules. (2) (a) A
930		-	seller must provide a letter of credit
931		-	OR certificate of deposit issued by a
932		-	licensed financial institution or surety bond issued by an authorized insurer
933		-	in an amount and
934		-	IN ACCORDANCE WITH THE process established by the
935		-	board through rulemaking
936		-	BY RULE.
937		-	(b) A financial institution or authorized insurer is required to make
938		-	payment to the division making WHEN THE DIVISION MAKES a claim against
939		-	the letter of credit, certificate of deposit, or surety bond:
940		-	(I) If a court of competent jurisdiction has rendered a final judgment
941		-	PAGE 23-HOUSE BILL 22-1242 in favor of the division based on a finding that the registered seller failed to:
942		-	(A) Deliver the manufactured home
943		-	OR TINY HOME or refund
944		-	payments made toward the purchase of the manufactured home pursuant to
945		-	OR OF THE TINY HOME AS REQUIRED BY this part 33 or board rules; or
946		-	(B) Provide a reasonable per diem living expense in violation of the
947		-	contractual provisions required by section 24-32-3325; or
948		-	(II) Upon a ceasing of business operations or a bankruptcy filing by
949		-	the registered seller IF THE REGISTERED SELLER CEASES BUSINESS
950		-	OPERATIONS OR FILES FOR BANKRUPTCY
951		-	.
952		-	(c) T
953		-	HE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF
954		-	any seller who
955		-	THAT fails to provide a letter of credit, certificate of deposit,
956		-	or surety bond as required by this subsection (2) or who THAT otherwise
957		-	fails to pay any judgment by a court of competent jurisdiction in favor of
958		-	the division. is subject to the suspension or revocation of the registration by
959		-	the division.
960		-	SECTION 20. In Colorado Revised Statutes, 24-32-3325, amend
961		-	(1) introductory portion, (1)(a), (1)(c), (1)(d), and (2) as follows:
962		-	24-32-3325. Contract for sale of manufactured home or tiny
963		-	home - requirements. (1) A seller must provide a contract with the sale of
964		-	each manufactured home
965		-	OR TINY HOME and make the following disclosures
966		-	in any contract for the sale of a manufactured home
967		-	OR TINY HOME:
968		-	(a) That the purchaser may have no legal right to rescind the
969		-	contract absent delinquent delivery of the manufactured home
970		-	or the
971		-	existence of a specific right of rescission set forth in the contract;
972		-	(c) That an aggrieved person may file a complaint
973		-	WITH THE
974		-	DIVISION AGAINST THE SELLER
975		-	for a refund of any payment held in escrow
976		-	by a seller; of manufactured homes against the seller with the division;
977		-	and
978		-	(d) That an aggrieved person may bring a civil action pursuant to the
979		-	provisions of the "Colorado Consumer Protection Act", section 6-1-709, to
980		-	remedy violations of manufactured home seller requirements in this part 33.
981		-	However, damages are limited in accordance with the provisions of section
982		-	PAGE 24-HOUSE BILL 22-1242 6-1-113 (2.5).
983		-	(2) A contract for the sale of a manufactured home
984		-	OR TINY HOME
985		-	by a seller must also contain the following provisions:
986		-	(a) E
987		-	ITHER:
988		-	(I) A date certain for the delivery of the manufactured home
989		-	OR TINY
990		-	HOME
991		-	; or
992		-	(II) A listing of specified delivery preconditions that must occur
993		-	before a date certain for delivery can be determined;
994		-	(b) A statement that if delivery of the manufactured home
995		-	OR TINY
996		-	HOME
997		-	is delayed by more than sixty days after the delivery date specified in
998		-	the contract of sale or by more than sixty days after the delivery
999		-	preconditions set forth in the contract of sale have been met if no date
1000		-	certain for delivery has been set, the seller will either refund the
	1082	+	OR TINY HOME to the purchaser.2
	1083	+	SECTION 21. In Colorado Revised Statutes, 24-32-3326, amend3
	1084	+	(1) introductory portion, (1)(b), (1)(c), and (2) as follows:4
	1085	+	24-32-3326. Unlawful sales practices - manufactured homes5
	1086	+	and tiny homes - fines. (1) A seller engages in an unlawful6
1001	1087		manufactured home sale
1002		-	down payment or provide a reasonable per diem
1003		-	living expense to the buyer for the days between the delivery date specified
1004		-	in the contract or the sixty-first day after the delivery preconditions set forth
1005		-	in the contract have been met, whichever is applicable, and the actual date
1006		-	of delivery, unless the delay in delivery is unavoidable or caused by the
1007		-	buyer; and
1008		-	(c) An agreed upon location for delivery of the manufactured home
1009		-	OR TINY HOME to the purchaser.
1010		-	SECTION 21. In Colorado Revised Statutes, 24-32-3326, amend
1011		-	(1) introductory portion, (1)(b), (1)(c), and (2) as follows:
1012		-	24-32-3326. Unlawful sales practices - manufactured homes and
1013		-	tiny homes - fines. (1) A seller engages in an unlawful manufactured home
1014		-	sale
1015		-	OR TINY HOME SALES practice when the person:
1016		-	(b) Fails to comply with the escrow and bonding requirements of
1017		-	sections 24-32-3323 (2.5) and 24-32-3324, SECTION 24-32-3324 or board
1018		-	rules;
1019		-	(c) Fails to provide and include in any contract for the sale of a
1020		-	PAGE 25-HOUSE BILL 22-1242 manufactured home OR TINY HOME any of the disclosures or contract
1021		-	provisions required by section 24-32-3325; or
1022		-	(2) Any A person found to be selling or have sold THAT SELLS a
	1088	+	OR TINY HOME SALES practice when the person:7
	1089	+	(b) Fails to comply with the escrow and bonding requirements of8
	1090	+	sections 24-32-3323 (2.5) and 24-32-3324, SECTION 24-32-3324 or board9
	1091	+	rules;10
	1092	+	(c) Fails to provide and include in any contract for the sale of a11
1023	1093		manufactured home
1024		-	OR TINY HOME in a manner contrary to the requirementsof this part 33 OR RULES ADOPTED UNDER THIS PART 33 is subject to
1025		-	revocation or suspension of a seller's registration, fines, or any other
1026		-	measures as prescribed by rule promulgated by
1027		-	RULES THAT the division
1028		-	PROMULGATES or BY other applicable Colorado law. The division may issue
1029		-	a fine of up to ten thousand dollars for each violation. Multiple violations
1030		-	of this part 33
1031		-	OR RULES ADOPTED UNDER THIS PART 33 THAT ARE committed
1032		-	during a single sale constitute one violation. Each sale performed in
1033		-	violation of this part 33
1034		-	OR RULES ADOPTED UNDER THIS PART 33 constitutes
1035		-	a separate violation. Fines must be paid to the division and transmitted to
1036		-	the state treasurer, who must credit the fees
1037		-	FINES to the building regulation
1038		-	fund created in section 24-32-3309.
1039		-	SECTION 22. In Colorado Revised Statutes, 24-32-3327, amend
1040		-	(1) as follows:
1041		-	24-32-3327. Inspections. (1) For the purposes of enforcement of
1042		-	this part 33, persons duly designated by the division, upon presenting
1043		-	appropriate credentials to the owner, operator, or agent in charge, are
1044		-	authorized:
1045		-	(a) To enter at reasonable times and without advance notice any
	1094	+	OR TINY HOME any of the disclosures or contract12
	1095	+	provisions required by section 24-32-3325; or13
	1096	+	(2) Any
	1097	+	A person found to be selling or have sold THAT SELLS a14
	1098	+	manufactured home
	1099	+	OR TINY HOME in a manner contrary to the
	1100	+	15
	1101	+	requirements of this part 33 OR RULES ADOPTED UNDER THIS PART 33 is16
	1102	+	subject to revocation or suspension of a seller's registration, fines, or any17
	1103	+	other measures as prescribed by rule promulgated by RULES THAT the18
	1104	+	division
	1105	+	PROMULGATES or BY other applicable Colorado law. The division19
	1106	+	may issue a fine of up to ten thousand dollars for each violation. Multiple20
	1107	+	violations of this part 33
	1108	+	OR RULES ADOPTED UNDER THIS PART 33 THAT21
	1109	+	ARE committed during a single sale constitute one violation. Each sale22
	1110	+	performed in violation of this part 33
	1111	+	OR RULES ADOPTED UNDER THIS23
	1112	+	PART 33 constitutes a separate violation. Fines must be paid to the24
	1113	+	division and transmitted to the state treasurer, who must credit the fees
	1114	+	25
	1115	+	FINES to the building regulation fund created in section 24-32-3309.26
	1116	+	SECTION 22. In Colorado Revised Statutes, 24-32-3327, amend27
	1117	+	1242
	1118	+	-32- (1) as follows:1
	1119	+	24-32-3327. Inspections. (1) For the purposes of enforcement of2
	1120	+	this part 33, persons duly designated by the division, upon presenting3
	1121	+	appropriate credentials to the owner, operator, or agent in charge, are4
	1122	+	authorized:5
	1123	+	(a) To enter at reasonable times and without advance notice any6
1046	1124		factory, warehouse, or establishment in which manufactured homes,
1047		-	~~TINY~~
1048		-	HOMES
1049		-	~~, or factory-built structures are manufactured, stored, or held for~~ sale;
1050		-	(b) To inspect at reasonable times, within reasonable limits, ~~and in~~
1051		-	a reasonable manner, any factory, warehouse, or establishment ~~in which~~
1052		-	manufactured homes,
1053		-	TINY HOMES, or factory-built structures ~~are~~
1054		-	manufactured, stored, or held for sale and to inspect any books, papers,
1055		-	records, and documents that relate to the safety of manufactured homes,
1056		-	TINY HOMES, or factory-built structures. Each inspection must be
1057		-	commenced and completed with reasonable promptness.
1058		-	(c) To enter and inspect, at reasonable times and without ~~advance~~
	1125	+	TINY7
	1126	+	HOMES, or factory-built structures are manufactured, stored, or held for8
	1127	+	sale;9
	1128	+	(b) To inspect at reasonable times, within reasonable limits, and10
	1129	+	in a reasonable manner, any factory, warehouse, or establishment in11
	1130	+	which manufactured homes,
	1131	+	TINY HOMES, or factory-built structures are12
	1132	+	manufactured, stored, or held for sale and to inspect any books, papers,13
	1133	+	records, and documents that relate to the safety of manufactured homes,14
	1134	+	TINY HOMES, or factory-built structures. Each inspection must be15
	1135	+	commenced and completed with reasonable promptness.16
	1136	+	(c) To enter and inspect, at reasonable times and without advance17
1059	1137		notice, any site on which
1060	1138		A manufactured housing
1061		-	HOME OR A TINY HOME
1062		-	is BEING or has been installed or reinstalled at or near the time of installation
1063		-	PAGE 26-HOUSE BILL 22-1242 or reinstallation; and
1064		-	(d) To inspect any books, papers, records, and documents that relate
1065		-	to the proper installation of
	1139	+	HOME OR A TINY HOME18
	1140	+	is
	1141	+	BEING or has been installed or reinstalled at or near the time of19
	1142	+	installation or reinstallation; and20
	1143	+	(d) To inspect any books, papers, records, and documents that21
	1144	+	relate to the proper installation of
1066	1145		A manufactured housing
1067		-	HOME OR A TINY HOME.
1068		-	SECTION 23. In Colorado Revised Statutes, add 24-32-3328 and
1069		-	24-32-3329 as follows:
1070		-	24-32-3328. Tiny homes - standards - rules. (1) B
1071		-	Y JULY 1, 2023,
1072		-	THE BOARD SHALL PROMULGATE RULES ESTABLISHING STANDARDS FOR THE
1073		-	MANUFACTURE OF TINY HOMES
1074		-	. THE BOARD MAY USE ANY NATIONAL OR
1075		-	INTERNATIONAL STANDARD THAT IS APPROPRIATE FOR ALL OR A PORTION OF
1076		-	A TINY HOME IF THE BOARD FINDS THAT THE STANDARD PROVIDES FOR
1077		-	REASONABLE SAFETY STANDARDS FOR TINY HOME OCCUPANTS
1078		-	. THE BOARD
1079		-	MAY MODIFY
1080		-	, BY RULE, ANY NATIONAL OR INTERNATIONAL STANDARD
1081		-	ADOPTED UNDER THIS SUBSECTION
1082		-	(1) AS NECESSARY FOR USE IN
1083		-	COLORADO.
	1146	+	HOME OR A22
	1147	+	TINY HOME.23
	1148	+	SECTION 23. In Colorado Revised Statutes, add 24-32-3328 and24
	1149	+	24-32-3329 as follows:25
	1150	+	24-32-3328. Tiny homes - standards - rules. (1) BY JULY 1,26
	1151	+	2023, THE BOARD SHALL PROMULGATE RULES ESTABLISHING STANDARDS27
	1152	+	1242
	1153	+	-33- FOR THE MANUFACTURE OF TINY HOMES . THE BOARD MAY USE ANY1
	1154	+	NATIONAL OR INTERNATIONAL STANDARD THAT IS APPROPRIATE FOR ALL2
	1155	+	OR A PORTION OF A TINY HOME IF THE BOARD FINDS THAT THE STANDARD3
	1156	+	PROVIDES FOR REASONABLE SAFETY STANDARDS FOR TINY HOME4
	1157	+	OCCUPANTS. THE BOARD MAY MODIFY , BY RULE, ANY NATIONAL OR5
	1158	+	INTERNATIONAL STANDARD ADOPTED UNDER THIS SUBSECTION (1) AS6
	1159	+	NECESSARY FOR USE IN COLORADO.7
1084	1160		(2) T
1085		-	HE BOARD SHALL ESTABLISH STANDARDS FOR CONNECTING A
1086		-	TINY HOME TO UTILITIES
1087		-	, INCLUDING WATER, SEWER, NATURAL GAS, AND
1088		-	ELECTRICITY
1089		-	.
1090		-	(3) I
1091		-	N PROMULGATING RULES UNDER THIS SECTION , THE BOARD
1092		-	SHALL CONSIDER
1093		-	:
1094		-	(a) T
1095		-	HE IMPORTANCE OF KEEPING TINY HOMES AFFORDABLE ;
1096		-	(b) T
1097		-	HE UNIQUE CHARACTERISTICS OF TINY HOMES SUCH AS SIZE
1098		-	CONSTRAINTS AND CONSTRUCTION ON A CHASSIS SO THAT THEY CAN BE
1099		-	MOVED FROM SITE TO SITE
1100		-	;
1101		-	(c) T
1102		-	HAT MANY TINY HOMES ARE BUILT BY SHOPS PRODUCING FEWER
1103		-	THAN TWENTY UNITS PER YEAR
1104		-	;
1105		-	(d) T
1106		-	HAT MANY TINY HOMES ARE CUSTOM -BUILT RATHER THAN
1107		-	MASS
1108		-	-PRODUCED MODELS, AND
1109		-	(e) THAT MANY TINY HOMES ARE BUILT BY THEIR OWNERS RATHER
1110		-	THAN BY COMMERCIAL SHOPS
1111		-	.
1112		-	PAGE 27-HOUSE BILL 22-1242 24-32-3329. Local governments inspections of tiny homes -
1113		-	connection to utilities - rules. (1) A
1114		-	STATE ELECTRICAL INSPECTOR OR A
1115		-	LOCAL GOVERNMENT MAY APPROVE THE CONNECTION OF A TINY HOME FOR
1116		-	ELECTRIC UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH
1117		-	APPLICABLE CODES AND STANDARDS FOR CONNECTION FOR ELECTRIC
1118		-	UTILITY SERVICE
1119		-	.
1120		-	(2) A
1121		-	STATE PLUMBING INSPECTOR OR A LOCAL GOVERNMENT MAY
1122		-	APPROVE THE CONNECTION OF A TINY HOME FOR WATER
1123		-	, GAS, OR SEWER
1124		-	UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH APPLICABLE
1125		-	CODES AND STANDARDS FOR CONNECTION FOR WATER
1126		-	, GAS, OR SEWER
1127		-	UTILITY SERVICE
1128		-	.
1129		-	SECTION 24. In Colorado Revised Statutes, amend 24-32-904.5
1130		-	as follows:
1131		-	24-32-904.5. Compliance with national standards - recreational
1132		-	park trailers - recreational vehicles. (1) No
1133		-	A person, partnership, firm,
1134		-	corporation, or any other entity may SHALL NOT manufacture, sell, or offer
1135		-	for sale within this state:
1136		-	(a) Any new recreational vehicle that is not manufactured in
1137		-	compliance with the American national standards institute's (ANSI's)
1138		-	standard A 119.2 NATIONAL FIRE PROTECTION ASSOCIATION'S STANDARD
1139		-	1192 for recreational vehicles or any SUCCESSOR STANDARD OR amendment;
1140		-	thereto; or
1141		-	(b) Any new recreational park trailer that is not manufactured in
1142		-	compliance with the American national standards institute's (ANSI's)
1143		-	standard A 119.5 for recreational park trailers,
1144		-	OR ANY SUCCESSOR
1145		-	STANDARD OR AMENDMENT
1146		-	.
1147		-	SECTION 25. In Colorado Revised Statutes, 6-1-105, amend
1148		-	(1)(ss) as follows:
1149		-	6-1-105. Unfair or deceptive trade practices. (1) A person
1150		-	engages in a deceptive trade practice when, in the course of the person's
1151		-	business, vocation, or occupation, the person:
1152		-	(ss) Violates any provision of part 33 of article 32 of title 24 C.R.S.,
1153		-	PAGE 28-HOUSE BILL 22-1242 that applies to the installation of manufactured homes OR TINY HOMES;
1154		-	SECTION 26. In Colorado Revised Statutes, amend 6-1-709 as
1155		-	follows:
1156		-	6-1-709. Sales of manufactured and tiny homes - deceptive trade
1157		-	practices. A person engages in a deceptive trade practice when, in the
1158		-	course of such THE person's business, vocation, or occupation, such THE
1159		-	person engages in conduct that constitutes an unlawful manufactured home sale practice as
1160		-	SALES PRACTICE OR AN UNLAWFUL TINY HOME SALES
1161		-	PRACTICE
1162		-	, AS EITHER SALES PRACTICE IS described in section 24-32-3326.
1163		-	C.R.S.
1164		-	SECTION 27. In Colorado Revised Statutes, 12-115-103, add (13)
1165		-	as follows:
1166		-	12-115-103. Definitions. As used in this article 115, unless the
1167		-	context otherwise requires:
	1161	+	HE BOARD SHALL ESTABLISH STANDARDS FOR C ONNECTING8
	1162	+	A TINY HOME TO UTILITIES, INCLUDING WATER, SEWER, NATURAL GAS, AND9
	1163	+	ELECTRICITY.10(3) IN PROMULGATING RULES UNDER THIS SECTION , THE BOARD11
	1164	+	SHALL CONSIDER:12
	1165	+	(a) THE IMPORTANCE OF KEEPING TINY HOMES AFFORDABLE ;13
	1166	+	(b) THE UNIQUE CHARACTERISTICS OF TINY HOMES SUCH AS SIZE14
	1167	+	CONSTRAINTS AND CONSTRUCTION ON A CHASSIS SO THAT THEY CAN BE15
	1168	+	MOVED FROM SITE TO SITE;16
	1169	+	(c) THAT MANY TINY HOMES ARE BUILT BY SHOPS PR ODUCING17
	1170	+	FEWER THAN TWENTY UNITS PER YEAR ;18
	1171	+	(d) THAT MANY TINY HOMES ARE CUSTOM-BUILT RATHER THAN19
	1172	+	MASS-PRODUCED MODELS, AND20
	1173	+	(e) THAT MANY TINY HOMES ARE BUILT BY THEIR OWNERS RATHER21
	1174	+	THAN BY COMMERCIAL SHOPS .22
	1175	+	24-32-3329. Local governments inspections of tiny homes -23
	1176	+	connection to utilities - rules. (1) A STATE ELECTRICAL INSPECTOR OR24
	1177	+	A LOCAL GOVERNMENT MAY APPROVE THE CONNECTION OF A TINY HOME25
	1178	+	FOR ELECTRIC UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH26
	1179	+	APPLICABLE CODES AND ST ANDARDS FOR CONNECTION FOR ELECTRIC27
	1180	+	1242
	1181	+	-34- UTILITY SERVICE.1
	1182	+	(2) A STATE PLUMBING INSPECTOR OR A LOCAL GOVERNMENT MAY2
	1183	+	APPROVE THE CONNECTION OF A TINY HOME FOR WATER , GAS, OR SEWER3
	1184	+	UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH APPLICABLE4
	1185	+	CODES AND STANDARDS FOR CONNECTION FOR WATER , GAS, OR SEWER5
	1186	+	UTILITY SERVICE.6
	1187	+	SECTION 24. In Colorado Revised Statutes, amend 24-32-904.57
	1188	+	as follows:8
	1189	+	24-32-904.5. Compliance with national standards -9
	1190	+	recreational park trailers - recreational vehicles. (1) No A person,10
	1191	+	partnership, firm, corporation, or any other entity may SHALL NOT11
	1192	+	manufacture, sell, or offer for sale within this state:12
	1193	+	(a) Any new recreational vehicle that is not manufactured in13
	1194	+	compliance with the American national standards institute's (ANSI's)14
	1195	+	standard A 119.2 NATIONAL FIRE PROTECTION ASSOCIATION'S STANDARD15
	1196	+	1192 for recreational vehicles or any
	1197	+	SUCCESSOR STANDARD OR16
	1198	+	amendment; thereto;
	1199	+	or17
	1200	+	(b) Any new recreational park trailer that is not manufactured in18
	1201	+	compliance with the American national standards institute's (ANSI's)19
	1202	+	standard A 119.5 for recreational park trailers, OR ANY SUCCESSOR20
	1203	+	STANDARD OR AMENDMENT .21
	1204	+	SECTION 25. In Colorado Revised Statutes, 6-1-105, amend22
	1205	+	(1)(ss) as follows:23
	1206	+	6-1-105. Unfair or deceptive trade practices. (1) A person24
	1207	+	engages in a deceptive trade practice when, in the course of the person's25
	1208	+	business, vocation, or occupation, the person:26
	1209	+	(ss) Violates any provision of part 33 of article 32 of title 2427
	1210	+	1242
	1211	+	-35- C.R.S., that applies to the installation of manufactured homes OR TINY1
	1212	+	HOMES;2
	1213	+	SECTION 26. In Colorado Revised Statutes, amend 6-1-709 as3
	1214	+	follows:4
	1215	+	6-1-709. Sales of manufactured and tiny homes - deceptive5
	1216	+	trade practices. A person engages in a deceptive trade practice when, in6
	1217	+	the course of such THE person's business, vocation, or occupation, such7
	1218	+	THE person engages in conduct that constitutes an unlawful manufactured8
	1219	+	home sale practice as SALES PRACTICE OR AN UNLAWFUL TINY HOME9
	1220	+	SALES PRACTICE, AS EITHER SALES PRACTICE IS described in section10
	1221	+	24-32-3326. C.R.S.11
	1222	+	SECTION 27. In Colorado Revised Statutes, 12-115-103, add12
	1223	+	(13) as follows:13
	1224	+	12-115-103. Definitions. As used in this article 115, unless the14
	1225	+	context otherwise requires:15
1168	1226		(13) "T
1169		-	INY HOME" HAS THE MEANING SET FORTH IN SECTION
1170		-	24-32-3302 (35).
1171		-	SECTION 28. In Colorado Revised Statutes, 12-115-120, amend
1172		-	(1)(c), (2)(a), (2)(c), and (10)(d) as follows:
1173		-	12-115-120. Inspection - application - standard - rules. (1) (c) A
1174		-	utility shall not provide service to any person required to have electrical
1175		-	inspection under this article 115 without proof of final approval as provided
1176		-	in subsection (1)(b) of this section; except that
1177		-	THE UTILITY SHALL PROVIDE
1178		-	service:
	1227	+	INY HOME" HAS THE MEANING SET FORTH IN SECTION16
	1228	+	24-32-3302
	1229	+	(35).17
	1230	+	SECTION 28. In Colorado Revised Statutes, 12-115-120, amend18
	1231	+	(1)(c), (2)(a), (2)(c), and (10)(d) as follows:19
	1232	+	12-115-120. Inspection - application - standard - rules.20
	1233	+	(1) (c) A utility shall not provide service to any person required to have21
	1234	+	electrical inspection under this article 115 without proof of final approval22
	1235	+	as provided in subsection (1)(b) of this section; except that
	1236	+	THE UTILITY23
	1237	+	SHALL PROVIDE service:24
1179	1238		(I) shall be provided
1180		-	In those situations determined by the local
1181		-	electrical inspection authority, or by the board, whichever has jurisdiction,
1182		-	to be emergency situations for a maximum period of seven days or until the
1183		-	inspection has been made;
1184		-	OR
1185		-	(II) IF THE BOARD OR LOCAL ELECTRICAL INSPECTION AUTHORITY
1186		-	HAS APPROVED A TINY HOME CONNECTION FOR ELECTRIC UTILITY SERVICE
	1239	+	In those situations determined by the local25
	1240	+	electrical inspection authority, or by the board, whichever has jurisdiction,26
	1241	+	to be emergency situations for a maximum period of seven days or until27
	1242	+	1242
	1243	+	-36- the inspection has been made; OR1
	1244	+	(II) I
	1245	+	F THE BOARD OR LOCAL ELECTRICAL INSPECTION AUTHORITY2
	1246	+	HAS APPROVED A TINY HOME CONNECTION FOR ELECTRIC UTILITY SERVICE3
1187	1247		IN ACCORDANCE WITH SECTION
1188		-	24-32-3329.
1189		-	~~PAGE 29-HOUSE BILL 22-1242~~ (2) (a) The owner of an electrical installation in any ~~new~~
1190		-	construction, other than manufactured units certified by the division of
	1248	+	24-32-3329.4
	1249	+	(2) (a) The owner of an electrical installation in any new5
	1250	+	construction, other than manufactured units certified by the division of6
1191	1251		housing pursuant to section 24-32-3311
1192		-	OR A TINY HOME MANUFACTURED
1193		-	TO THE STANDARDS OF SECTION
1194		-	24-32-3328 (1), or remodeling or repair of
1195		-	an existing construction, except in any incorporated town or city, county,
1196		-	city and county, or qualified state institution of higher education having its
1197		-	own electrical code and inspection program equal to the minimum standards
1198		-	as are provided in this article 115, shall have the electrical portion of the
1199		-	installation, remodeling, or repair inspected by a state electrical inspector.
1200		-	A qualified state institution of higher education with a building department
1201		-	that meets or exceeds the minimum standards adopted by the board under
1202		-	this article 115 shall process applications for permits and inspections only
1203		-	from the institution and from contractors working for the benefit of the
1204		-	institution and shall conduct inspections only of work performed for the
1205		-	benefit of the institution.
	1252	+	OR A TINY HOME MANUFACTURED7
	1253	+	TO THE STANDARDS OF SECTION 24-32-3328 (1), or remodeling or repair8
	1254	+	of an existing construction, except in any incorporated town or city,9
	1255	+	county, city and county, or qualified state institution of higher education10
	1256	+	having its own electrical code and inspection program equal to the11
	1257	+	minimum standards as are provided in this article 115, shall have the12
	1258	+	electrical portion of the installation, remodeling, or repair inspected by a13
	1259	+	state electrical inspector. A qualified state institution of higher education14
	1260	+	with a building department that meets or exceeds the minimum standards15
	1261	+	adopted by the board under this article 115 shall process applications for16
	1262	+	permits and inspections only from the institution and from contractors17
	1263	+	working for the benefit of the institution and shall conduct inspections18
	1264	+	only of work performed for the benefit of the institution.19
1206	1265		(c) A manufactured home, mobile home,
1207		-	TINY HOME, or ~~movable~~
1208		-	structure owner shall have the electrical installation for the ~~manufactured~~
	1266	+	TINY HOME, or movable20
	1267	+	structure owner shall have the electrical installation for the manufactured21
1209	1268		home, mobile home,
1210		-	TINY HOME, or movable structure inspected prior to
	1269	+	TINY HOME, or movable structure inspected prior to22
1211	1270		obtaining electric service. A
1212		-	N INSPECTION OF A TINY HOME PERFORMED IN
1213		-	ACCORDANCE WITH SECTION
1214		-	~~24-32-3329 COMPLIES WITH THIS SUBSECTION~~
1215		-	(2)(c).
1216		-	~~(10) (d) (I)~~ The board ~~shall ensure compliance with this section.~~ If
1217		-	~~the board determines, as a result of a complaint, that an entity other than the~~
1218		-	state is conducting electrical inspections that do not comply ~~with this~~
1219		-	section, the board may issue to that entity an order to show cause, in
1220		-	accordance with sections 12-20-405 and 12-115-122 (6), as to why ~~the~~
1221		-	board should not issue a final order directing that entity to cease ~~and desist~~
1222		-	conducting electrical inspections until that entity comes ~~into compliance to~~
1223		-	the satisfaction of the board.
	1271	+	N INSPECTION OF A TINY HOME PERFORMED IN23
	1272	+	ACCORDANCE WITH SECTION 24-32-3329 COMPLIES WITH THIS SUBSECTION24
	1273	+	(2)(c).25
	1274	+	(10) (d) (I) The board shall ensure compliance with this section.26
	1275	+	If the board determines, as a result of a complaint, that an entity other27
	1276	+	1242
	1277	+	-37- than the state is conducting electrical inspections that do not comply with1
	1278	+	this section, the board may issue to that entity an order to show cause, in2
	1279	+	accordance with sections 12-20-405 and 12-115-122 (6), as to why the3
	1280	+	board should not issue a final order directing that entity to cease and4
	1281	+	desist conducting electrical inspections until that entity comes into5
	1282	+	compliance to the satisfaction of the board.6
1224	1283		(II) T
1225		-	HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO AN
1226		-	INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE
1227		-	OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN
1228		-	APPROVED IN ACCORDANCE WITH SECTION
1229		-	24-32-3329.
1230		-	(III) If the use of state electrical inspectors is required after the
1231		-	issuance of a final cease-and-desist order pursuant to this subsection
1232		-	(10)(d), that entity shall reimburse the board for any expenses incurred in
1233		-	PAGE 30-HOUSE BILL 22-1242 performing that entity's inspections, in addition to transmitting the required
1234		-	permit fees.
1235		-	SECTION 29. In Colorado Revised Statutes, 12-155-103, add
1236		-	(13.5) as follows:
1237		-	12-155-103. Definitions. As used in this article 155, unless the
1238		-	context otherwise requires:
	1284	+	HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO7
	1285	+	AN INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE8
	1286	+	OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN9
	1287	+	APPROVED IN ACCORDANCE WITH SECTION 24-32-3329.10
	1288	+	(III) If the use of state electrical inspectors is required after the11
	1289	+	issuance of a final cease-and-desist order pursuant to this subsection12
	1290	+	(10)(d), that entity shall reimburse the board for any expenses incurred in13
	1291	+	performing that entity's inspections, in addition to transmitting the14
	1292	+	required permit fees.15
	1293	+	SECTION 29. In Colorado Revised Statutes, 12-155-103, add16
	1294	+	(13.5) as follows:17
	1295	+	12-155-103. Definitions. As used in this article 155, unless the18
	1296	+	context otherwise requires:19
1239	1297		(13.5) "T
1240		-	INY HOME" HAS THE MEANING SET FORTH IN SECTION
1241		-	24-32-3302 (35).
1242		-	SECTION 30. In Colorado Revised Statutes, 12-155-105, amend
1243		-	(2) introductory portion as follows:
1244		-	12-155-105. Powers of board - fees - rules. (2) Notwithstanding
1245		-	any other provisions to the contrary, the board may, with regard to
	1298	+	INY HOME" HAS THE MEANING SET FORTH IN SECTION20
	1299	+	24-32-3302
	1300	+	(35).21
	1301	+	SECTION 30. In Colorado Revised Statutes, 12-155-105, amend22
	1302	+	(2) introductory portion as follows:23
	1303	+	12-155-105. Powers of board - fees - rules. (2) Notwithstanding24
	1304	+	any other provisions to the contrary, the board may, with regard to25
1246	1305		manufactured housing that is subject to part 7 of
1247		-	article 32 of title 24:
1248		-	SECTION 31. In Colorado Revised Statutes, 12-155-118, amend
1249		-	(3) as follows:
1250		-	12-155-118. Exemptions. (3) Nothing in this article 155 shall be
1251		-	construed to apply to the manufacture of housing that is subject to the
1252		-	provisions of part 7 of
1253		-	article 32 of title 24 or the installation of individual
1254		-	residential or temporary construction units of manufactured housing water
1255		-	and sewer hookups inspected pursuant to section 12-155-105
	1306	+	article 32 of title 24:26
	1307	+	SECTION 31. In Colorado Revised Statutes, 12-155-118, amend27
	1308	+	1242
	1309	+	-38- (3) as follows:1
	1310	+	12-155-118. Exemptions. (3) Nothing in this article 155 shall be2
	1311	+	construed to apply to the manufacture of housing that is subject to the3
	1312	+	provisions of part 7 of article 32 of title 24 or the installation of individual4
	1313	+	residential or temporary construction units of manufactured housing water5
	1314	+	and sewer hookups inspected pursuant to section 12-155-105 SECTION6
	1315	+	12-155-105
	1316	+	(2).7
	1317	+	SECTION 32. In Colorado Revised Statutes, 12-155-120, amend8
	1318	+	(1) and (10)(c) as follows:9
	1319	+	12-155-120. Inspection - application - standards. (1) (a) Any10
	1320	+	plumbing or gas piping installation in any new construction or remodeling11
	1321	+	or repair, other than manufactured units
	1322	+	OR TINY HOMES inspected in12
	1323	+	accordance with the provisions of part 7 of
	1324	+	article 32 of title 24, except13
	1325	+	for the new construction or remodeling or repair in any incorporated town14
	1326	+	or city, county, or city and county, or in a building owned or leased or on15
	1327	+	land owned by a qualified state institution of higher education where the16
	1328	+	local entity or qualified state institution of higher education conducts17
	1329	+	inspections and issues permits, must be inspected by a state plumbing18
	1330	+	inspector.19
	1331	+	(b) A state plumbing inspector shall inspect any new construction,20
	1332	+	remodeling, or repair subject to the provisions of this subsection (1)21
	1333	+	within three working days after the receipt of the application for22
	1334	+	inspection.23
	1335	+	(c) Prior to the commencement of any plumbing or gas piping24
	1336	+	installation, the person making the installation shall apply for a permit25
	1337	+	and pay the required fee.26
	1338	+	(d) Every mobile home,
	1339	+	TINY HOME, or movable structure owner27
	1340	+	1242
	1341	+	-39- shall have the plumbing and gas piping hookup for the mobile home, TINY1
	1342	+	HOME, or movable structure inspected prior to obtaining new or different2
	1343	+	plumbing or gas service. A
	1344	+	N INSPECTION OF A TINY HOME PERFORMED IN3
	1345	+	ACCORDANCE WITH SECTION 24-32-3329 COMPLIES WITH THIS SUBSECTION4
	1346	+	(1)(d).5
	1347	+	(e) A qualified state institution of higher education with a building6
	1348	+	department that meets or exceeds the minimum standards adopted by the7
	1349	+	board under this article 155 shall process applications for permits and8
	1350	+	inspections only from the institution and from contractors working for the9
	1351	+	benefit of the institution, and shall conduct inspections only of work10
	1352	+	performed for the benefit of the institution. Each inspection must include11
	1353	+	a contemporaneous review to ensure that the requirements of section12
	1354	+	12-155-108 have been met. A qualified state institution of higher13
	1355	+	education shall enforce standards that are at least as stringent as any14
	1356	+	minimum standards adopted by the board.15
	1357	+	(10) (c) (I) The board shall ensure compliance with this section.16
	1358	+	If the board determines, as a result of a formal complaint, that an17
	1359	+	inspecting entity is conducting plumbing inspections that do not comply18
	1360	+	with this section, the board may issue to the inspecting entity an order to19
	1361	+	show cause, in accordance with section 12-155-105 (1)(m), as to why the20
	1362	+	board should not issue a final order directing the inspecting entity to cease21
	1363	+	and desist conducting plumbing inspections until the inspecting entity22
	1364	+	comes into compliance to the satisfaction of the board.23
	1365	+	(II) T
	1366	+	HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO24
	1367	+	AN INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE25
	1368	+	OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN26
	1369	+	APPROVED IN ACCORDANCE WITH SECTION 24-32-3329.27
	1370	+	1242
	1371	+	-40- (III) If the use of state plumbing inspectors is required after the1
	1372	+	issuance of a final cease-and-desist order pursuant to this subsection2
	1373	+	(10)(c), the inspecting entity shall reimburse the board for any expenses3
	1374	+	incurred in performing the inspecting entity's inspections, in addition to4
	1375	+	transmitting the required permit fees.5
	1376	+	SECTION 33. In Colorado Revised Statutes, 38-12-201.5,6
	1377	+	amend (5) as follows:7
	1378	+	38-12-201.5. Definitions. As used in this part 2 and in part 11 of8
	1379	+	this article 12, unless the context otherwise requires:9
	1380	+	(5) "Mobile home" means:10
	1381	+	(a) A single-family dwelling that is built on a permanent chassis;11
	1382	+	is designed for long-term residential occupancy; contains complete12
	1383	+	electrical, plumbing, and sanitary facilities; is designed to be installed in13
	1384	+	a permanent or semipermanent manner with or without a permanent14
	1385	+	foundation; and is capable of being drawn over public highways as a unit15
	1386	+	or in sections by special permit; or16
	1387	+	(b) A manufactured home, as defined in section 38-29-102 (6), if17
	1388	+	the manufactured home is situated in a mobile home park;
	1389	+	OR18
	1390	+	(c) A
	1391	+	TINY HOME, AS DEFINED IN SECTION 24-32-3302 (35), THAT19
	1392	+	IS USED AS A LONG-TERM RESIDENCE IN THE MOBILE HOME PARK .20
	1393	+	SECTION 34. In Colorado Revised Statutes, 39-1-102, amend21
	1394	+	(14.3); and add (16.3) as follows:22
	1395	+	39-1-102. Definitions. As used in articles 1 to 13 of this title 39,23
	1396	+	unless the context otherwise requires:24
	1397	+	(14.3) "Residential improvements" means a building, or that25
	1398	+	portion of a building, designed for use predominantly as a place of26
	1399	+	residency by a person, a family, or families. The term includes buildings,27
	1400	+	1242
	1401	+	-41- structures, fixtures, fences, amenities, and water rights that are an integral1
	1402	+	part of the residential use. The term also includes a manufactured home,2
	1403	+	as defined in subsection (7.8) of this section, a mobile home, as defined3
	1404	+	in subsection (8) of this section, and a modular home, as defined in4
	1405	+	subsection (8.3) of this section AND A TINY HOME.5
	1406	+	(16.3) "TINY HOME" MEANS A TINY HOME, AS DEFINED IN SECTION6
	1407	+	24-32-3302 (35), THAT IS CERTIFIED BY THE DIVISION OF HOUSING IN THE7
	1408	+	DEPARTMENT OF LOCAL AFFAIRS TO BE DESIGNED FOR LONG-TERM8
	1409	+	RESIDENCY AND THAT IS NOT REGISTERED IN ACCORDANCE WITH ARTICLE9
	1410	+	3 OF TITLE 42.10
	1411	+	SECTION 35. In Colorado Revised Statutes, 39-26-721, amend11
	1412	+	(3) as follows:12
	1413	+	39-26-721. Manufactured homes and tiny homes.13
	1414	+	(3) Beginning July 1, 2019, The sale, storage, usage, or consumption of14
	1415	+	a manufactured home, as defined in section 39-1-102 (7.8),
	1416	+	OR A TINY15
	1417	+	HOME, AS DEFINED IN SECTION 24-32-3302 (35), is exempt from taxation16
	1418	+	under parts 1 and 2 of this article 26.17
1256	1419		SECTION
1257		-	12-155-105 (2).
1258		-	SECTION 32. In Colorado Revised Statutes, 12-155-120, amend
1259		-	(1) and (10)(c) as follows:
1260		-	12-155-120. Inspection - application - standards. (1) (a) Any
1261		-	plumbing or gas piping installation in any new construction or remodeling
1262		-	or repair, other than manufactured units
1263		-	OR TINY HOMES inspected in
1264		-	accordance with the provisions of part 7 of
1265		-	article 32 of title 24, except for
1266		-	the new construction or remodeling or repair in any incorporated town or
1267		-	city, county, or city and county, or in a building owned or leased or on land
1268		-	owned by a qualified state institution of higher education where the local
1269		-	entity or qualified state institution of higher education conducts inspections
1270		-	PAGE 31-HOUSE BILL 22-1242 and issues permits, must be inspected by a state plumbing inspector.
1271		-	(b) A state plumbing inspector shall inspect any new construction,
1272		-	remodeling, or repair subject to the provisions of this subsection (1) within
1273		-	three working days after the receipt of the application for inspection.
1274		-	(c) Prior to the commencement of any plumbing or gas piping
1275		-	installation, the person making the installation shall apply for a permit and
1276		-	pay the required fee.
1277		-	(d) Every mobile home,
1278		-	TINY HOME, or movable structure owner
1279		-	shall have the plumbing and gas piping hookup for the mobile home,
1280		-	TINY
1281		-	HOME
1282		-	, or movable structure inspected prior to obtaining new or different
1283		-	plumbing or gas service. A
1284		-	N INSPECTION OF A TINY HOME PERFORMED IN
1285		-	ACCORDANCE WITH SECTION
1286		-	24-32-3329 COMPLIES WITH THIS SUBSECTION
1287		-	(1)(d).
1288		-	(e) A qualified state institution of higher education with a building
1289		-	department that meets or exceeds the minimum standards adopted by the
1290		-	board under this article 155 shall process applications for permits and
1291		-	inspections only from the institution and from contractors working for the
1292		-	benefit of the institution, and shall conduct inspections only of work
1293		-	performed for the benefit of the institution. Each inspection must include
1294		-	a contemporaneous review to ensure that the requirements of section
1295		-	12-155-108 have been met. A qualified state institution of higher education
1296		-	shall enforce standards that are at least as stringent as any minimum
1297		-	standards adopted by the board.
1298		-	(10) (c) (I) The board shall ensure compliance with this section. If
1299		-	the board determines, as a result of a formal complaint, that an inspecting
1300		-	entity is conducting plumbing inspections that do not comply with this
1301		-	section, the board may issue to the inspecting entity an order to show cause,
1302		-	in accordance with section 12-155-105 (1)(m), as to why the board should
1303		-	not issue a final order directing the inspecting entity to cease and desist
1304		-	conducting plumbing inspections until the inspecting entity comes into
1305		-	compliance to the satisfaction of the board.
1306		-	(II) T
1307		-	HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO AN
1308		-	INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE
1309		-	OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN
1310		-	PAGE 32-HOUSE BILL 22-1242 APPROVED IN ACCORDANCE WITH SECTION 24-32-3329.
1311		-	(III) If the use of state plumbing inspectors is required after the
1312		-	issuance of a final cease-and-desist order pursuant to this subsection
1313		-	(10)(c), the inspecting entity shall reimburse the board for any expenses
1314		-	incurred in performing the inspecting entity's inspections, in addition to
1315		-	transmitting the required permit fees.
1316		-	SECTION 33. In Colorado Revised Statutes, 38-12-201.5, amend
1317		-	(5) as follows:
1318		-	38-12-201.5. Definitions. As used in this part 2 and in part 11 of
1319		-	this article 12, unless the context otherwise requires:
1320		-	(5) "Mobile home" means:
1321		-	(a) A single-family dwelling that is built on a permanent chassis; is
1322		-	designed for long-term residential occupancy; contains complete electrical,
1323		-	plumbing, and sanitary facilities; is designed to be installed in a permanent
1324		-	or semipermanent manner with or without a permanent foundation; and is
1325		-	capable of being drawn over public highways as a unit or in sections by
1326		-	special permit; or
1327		-	(b) A manufactured home, as defined in section 38-29-102 (6), if the
1328		-	manufactured home is situated in a mobile home park;
1329		-	OR
1330		-	(c) A TINY HOME, AS DEFINED IN SECTION 24-32-3302 (35), THAT IS
1331		-	USED AS A LONG
1332		-	-TERM RESIDENCE IN THE MOBILE HOME PARK .
1333		-	SECTION 34. In Colorado Revised Statutes, 39-1-102, amend
1334		-	(14.3); and add (16.3) as follows:
1335		-	39-1-102. Definitions. As used in articles 1 to 13 of this title 39,
1336		-	unless the context otherwise requires:
1337		-	(14.3) "Residential improvements" means a building, or that portion
1338		-	of a building, designed for use predominantly as a place of residency by a
1339		-	person, a family, or families. The term includes buildings, structures,
1340		-	fixtures, fences, amenities, and water rights that are an integral part of the
1341		-	residential use. The term also includes a manufactured home, as defined in
1342		-	PAGE 33-HOUSE BILL 22-1242 subsection (7.8) of this section, a mobile home, as defined in subsection (8)
1343		-	of this section, and a modular home, as defined in subsection (8.3) of this
1344		-	section AND A TINY HOME.
1345		-	(16.3) "T
1346		-	INY HOME" MEANS A TINY HOME, AS DEFINED IN SECTION
1347		-	24-32-3302 (35), THAT IS CERTIFIED BY THE DIVISION OF HOUSING IN THE
1348		-	DEPARTMENT OF LOCAL AFFAIRS TO BE DESIGNED FOR LONG
1349		-	-TERM
1350		-	RESIDENCY AND THAT IS NOT REGISTERED IN ACCORDANCE WITH ARTICLE
1351		-	3
1352		-	OF TITLE 42.
1353		-	SECTION 35. In Colorado Revised Statutes, 39-26-721, amend (3)
1354		-	as follows:
1355		-	39-26-721. Manufactured homes and tiny homes. (3) Beginning
1356		-	July 1, 2019, The sale, storage, usage, or consumption of a manufactured
1357		-	home, as defined in section 39-1-102 (7.8),
1358		-	OR A TINY HOME, AS DEFINED IN
1359		-	SECTION
1360		-	24-32-3302 (35), is exempt from taxation under parts 1 and 2 of
1361		-	this article 26.
1362		-	SECTION 36. In Colorado Revised Statutes, 29-2-105, amend
1363		-	(1)(d)(I) introductory portion and (1)(d)(I)(P) as follows:
1364		-	29-2-105. Contents of sales tax ordinances and proposals.
1365		-	(1) The sales tax ordinance or proposal of any incorporated town, city, or
1366		-	county adopted pursuant to this article 2 shall be imposed on the sale of
1367		-	tangible personal property at retail or the furnishing of services, as provided
1368		-	in subsection (1)(d) of this section. Any countywide or incorporated town
1369		-	or city sales tax ordinance or proposal shall include the following
1370		-	provisions:
1371		-	(d) (I) A provision that the sale of tangible personal property and
1372		-	services taxable pursuant to this article 2 shall be
1373		-	IS the same as the sale of
1374		-	tangible personal property and services taxable pursuant to section
1375		-	39-26-104, except as otherwise provided in this subsection (1)(d). The sale
1376		-	of tangible personal property and services taxable pursuant to this article 2
1377		-	shall be
1378		-	IS subject to the same sales tax exemptions as those specified in part
1379		-	7 of article 26 of title 39; except that the sale of the following may be
1380		-	exempted from a town, city, or county sales tax only by the express
1381		-	inclusion of the exemption either at the time of adoption of the initial sales
1382		-	tax ordinance or resolution or by amendment thereto:
1383		-	PAGE 34-HOUSE BILL 22-1242 (P) The exemption for manufactured homes AND TINY HOMES set
1384		-	forth in section 39-26-721 (3).
1385		-	SECTION 37. Appropriation. (1) For the 2022-23 state fiscal
1386		-	year, $227,612 is appropriated to the department of local affairs. This
1387		-	appropriation is from the general fund. To implement this act, the
1388		-	department may use this appropriation as follows:
1389		-	(a) $127,071 for use by the division of housing for manufactured
1390		-	buildings program, which amount is based on an assumption that the
1391		-	division will require an additional 1.4 FTE;
1392		-	(b) $51,256 for use by the executive director's office for legal
1393		-	services;
1394		-	(c) $2,379 for use by the executive director's office for vehicle lease
1395		-	payments; and
1396		-	(d) $46,906 for use by the executive director's office for payments
1397		-	to OIT.
1398		-	(2) For the 2022-23 state fiscal year, $51,256 is appropriated to the
1399		-	department of law. This appropriation is from reappropriated funds received
1400		-	from the department of local affairs under subsection (1)(b) of this section
1401		-	and is based on an assumption that the department of law will require an
1402		-	additional 0.3 FTE. To implement this act, the department of law may use
1403		-	this appropriation to provide legal services for the department of local
1404		-	affairs.
1405		-	(3) For the 2022-23 state fiscal year, $2,379 is appropriated to the
1406		-	department of personnel. This appropriation is from reappropriated funds
1407		-	received from the department of local affairs under subsection (1)(c) of this
1408		-	section. To implement this act, the department of personnel may use this
1409		-	appropriation to provide vehicles to the department of local affairs.
1410		-	(4) For the 2022-23 state fiscal year, $46,906 is appropriated to the
1411		-	office of the governor for use by the office of information technology. This
1412		-	appropriation is from reappropriated funds received from the department of
1413		-	local affairs under subsection (1)(d) of this section. To implement this act,
1414		-	the office may use this appropriation to provide information technology
1415		-	PAGE 35-HOUSE BILL 22-1242 services for the department of local affairs.
1416		-	(5) For the 2022-23 state fiscal year, $86,946 is appropriated to the
1417		-	department of regulatory agencies. This appropriation is from the division
1418		-	of professions and occupations cash fund created in section 12-20-105 (3),
1419		-	C.R.S. To implement this act, the department may use this appropriation as
1420		-	follows:
1421		-	(a) $50,440 for use by the division of professions and occupations
1422		-	for personal services, which amount is based on an assumption that the
1423		-	division will require an additional 0.9 FTE;
1424		-	(b) $26,989 for use by the division of professions and occupations
1425		-	for operating expenses; and
1426		-	(c) $9,517 for use by the executive director's office and
1427		-	administrative services for vehicle lease payments.
1428		-	(6) For the 2022-23 state fiscal year, $9,517 is appropriated to the
1429		-	department of personnel. This appropriation is from reappropriated funds
1430		-	received from the department of local affairs under subsection (5)(c) of this
1431		-	section. To implement this act, the department of personnel may use this
1432		-	appropriation to provide vehicles to the department of regulatory agencies.
1433		-	SECTION 38. Act subject to petition - effective date -
1434		-	applicability. (1) This act takes effect at 12:01 a.m. on the day following
1435		-	the expiration of the ninety-day period after final adjournment of the
1436		-	general assembly; except that, if a referendum petition is filed pursuant to
1437		-	section 1 (3) of article V of the state constitution against this act or an item,
1438		-	section, or part of this act within such period, then the act, item, section, or
1439		-	part will not take effect unless approved by the people at the general
1440		-	election to be held in November 2022 and, in such case, will take effect on
1441		-	the date of the official declaration of the vote thereon by the governor.
1442		-	PAGE 36-HOUSE BILL 22-1242 (2) This act applies to acts committed on or after the applicable
1443		-	effective date of this act.
1444		-	____________________________ ____________________________
1445		-	Alec Garnett Steve Fenberg
1446		-	SPEAKER OF THE HOUSE PRESIDENT OF
1447		-	OF REPRESENTATIVES THE SENATE
1448		-	____________________________ ____________________________
1449		-	Robin Jones Cindi L. Markwell
1450		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
1451		-	OF REPRESENTATIVES THE SENATE
1452		-	APPROVED________________________________________
1453		-	(Date and Time)
1454		-	_________________________________________
1455		-	Jared S. Polis
1456		-	GOVERNOR OF THE STATE OF COLORADO
1457		-	PAGE 37-HOUSE BILL 22-1242
	1420	+	36. In Colorado Revised Statutes, 29-2-105, amend18
	1421	+	(1)(d)(I) introductory portion and (1)(d)(I)(P) as follows:19
	1422	+	29-2-105. Contents of sales tax ordinances and proposals.20
	1423	+	(1) The sales tax ordinance or proposal of any incorporated town, city,21
	1424	+	or county adopted pursuant to this article 2 shall be imposed on the sale22
	1425	+	of tangible personal property at retail or the furnishing of services, as23
	1426	+	provided in subsection (1)(d) of this section. Any countywide or24
	1427	+	incorporated town or city sales tax ordinance or proposal shall include the25
	1428	+	following provisions:26
	1429	+	(d) (I) A provision that the sale of tangible personal property and27
	1430	+	1242
	1431	+	-42- services taxable pursuant to this article 2 shall be IS the same as the sale1
	1432	+	of tangible personal property and services taxable pursuant to section2
	1433	+	39-26-104, except as otherwise provided in this subsection (1)(d). The3
	1434	+	sale of tangible personal property and services taxable pursuant to this4
	1435	+	article 2 shall be IS subject to the same sales tax exemptions as those5
	1436	+	specified in part 7 of article 26 of title 39; except that the sale of the6
	1437	+	following may be exempted from a town, city, or county sales tax only by7
	1438	+	the express inclusion of the exemption either at the time of adoption of8
	1439	+	the initial sales tax ordinance or resolution or by amendment thereto:9
	1440	+	(P) The exemption for manufactured homes
	1441	+	AND TINY HOMES set10
	1442	+	forth in section
	1443	+	39-26-721 (3).11
	1444	+	SECTION 37. Appropriation. (1) For the 2022-23 state fiscal12
	1445	+	year, $227,612 is appropriated to the department of local affairs. This13
	1446	+	appropriation is from the general fund. To implement this act, the14
	1447	+	department may use this appropriation as follows:15
	1448	+	(a) $127,071 for use by the division of housing for manufactured16
	1449	+	buildings program, which amount is based on an assumption that the17
	1450	+	division will require an additional 1.4 FTE;18
	1451	+	(b) $51,256 for use by the executive director's office for legal19
	1452	+	services; 20
	1453	+	(c) $2,379 for use by the executive director's office for vehicle21
	1454	+	lease payments; and22
	1455	+	(d) $46,906 for use by the executive director's office for payments23
	1456	+	to OIT.24
	1457	+	(2) For the 2022-23 state fiscal year, $51,256 is appropriated to25
	1458	+	the department of law. This appropriation is from reappropriated funds26
	1459	+	received from the department of local affairs under subsection (1)(b) of27
	1460	+	1242
	1461	+	-43- this section and is based on an assumption that the department of law will1
	1462	+	require an additional 0.3 FTE. To implement this act, the department of2
	1463	+	law may use this appropriation to provide legal services for the3
	1464	+	department of local affairs.4
	1465	+	(3) For the 2022-23 state fiscal year, $2,379 is appropriated to the5
	1466	+	department of personnel. This appropriation is from reappropriated funds6
	1467	+	received from the department of local affairs under subsection (1)(c) of7
	1468	+	this section. To implement this act, the department of personnel may use8
	1469	+	this appropriation to provide vehicles to the department of local affairs.9
	1470	+	(4) For the 2022-23 state fiscal year, $46,906 is appropriated to10
	1471	+	the office of the governor for use by the office of information technology.11
	1472	+	This appropriation is from reappropriated funds received from the12
	1473	+	department of local affairs under subsection (1)(d) of this section. To13
	1474	+	implement this act, the office may use this appropriation to provide14
	1475	+	information technology services for the department of local affairs.15
	1476	+	(5) For the 2022-23 state fiscal year, $86,946 is appropriated to16
	1477	+	the department of regulatory agencies. This appropriation is from the17
	1478	+	division of professions and occupations cash fund created in section18
	1479	+	12-20-105 (3), C.R.S. To implement this act, the department may use this19
	1480	+	appropriation as follows:20
	1481	+	(a) $50,440 for use by the division of professions and occupations21
	1482	+	for personal services, which amount is based on an assumption that the22
	1483	+	division will require an additional 0.9 FTE;23
	1484	+	(b) $26,989 for use by the division of professions and occupations24
	1485	+	for operating expenses; and25
	1486	+	(c) $9,517 for use by the executive director's office and26
	1487	+	administrative services for vehicle lease payments.27
	1488	+	1242
	1489	+	-44- (6) For the 2022-23 state fiscal year, $9,517 is appropriated to the1
	1490	+	department of personnel. This appropriation is from reappropriated funds2
	1491	+	received from the department of local affairs under subsection (5)(c) of3
	1492	+	this section. To implement this act, the department of personnel may use4
	1493	+	this appropriation to provide vehicles to the department of regulatory5
	1494	+	agencies.6
	1495	+	SECTION 38. Act subject to petition - effective date -7
	1496	+	applicability. (1) This act takes effect at 12:01 a.m. on the day following8
	1497	+	the expiration of the ninety-day period after final adjournment of the9
	1498	+	general assembly; except that, if a referendum petition is filed pursuant10
	1499	+	to section 1 (3) of article V of the state constitution against this act or an11
	1500	+	item, section, or part of this act within such period, then the act, item,12
	1501	+	section, or part will not take effect unless approved by the people at the13
	1502	+	general election to be held in November 2022 and, in such case, will take14
	1503	+	effect on the date of the official declaration of the vote thereon by the15
	1504	+	governor.16
	1505	+	(2) This act applies to acts committed on or after the applicable17
	1506	+	effective date of this act.18
	1507	+	1242
	1508	+	-45-