HOUSE BILL 22-1242
BY REPRESENTATIVE(S) Kipp and Exum, Benavidez, Bernett, Bird,
Boesenecker, Cutter, Daugherty, Duran, Esgar, Froelich, Herod, Hooton,
Jodeh, Kennedy, Lindsay, Lontine, McCluskie, McCormick, McLachlan,
Michaelson Jenet, Mullica, Ortiz, Sirota, Snyder, Sullivan, Titone,
Valdez A.;
also SENATOR(S) Ginal and Hisey, Bridges, Buckner, Donovan,
Hinrichsen, Jaquez Lewis, Lee, Liston, Moreno, Priola, Rodriguez, Winter,
Woodward, Zenzinger, Fenberg.
C
ONCERNING THE REGULATION OF STRUCTURES THAT ARE MANUFACTURED
AT A LOCATION THAT IS NOT AT THE SITE WHERE THE STRUCTURE IS
OCCUPIED
, AND, IN CONNECTION THEREWITH , MAKING AN
APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-32-3301, amend (1)
introductory portion, (1)(b), (1)(c), (1)(d), (1)(e), (2)(b), (2)(c), (2)(d), and
(3); and add (1)(f) and (2)(e) as follows:
24-32-3301. Legislative declaration. (1) The general assembly
hereby finds, determines, and declares that mobile homes, manufactured
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. housing, and factory-built housing STRUCTURES are important and effective
ways to meet Colorado's affordable housing needs. The general assembly
further finds and declares that, because of the housing crisis in Colorado,
there is a need to promote the affordability and accessibility of new
manufactured
HOMES and factory-built housing STRUCTURES. The general
assembly encourages local governments to enact ordinances and rules that
effectively treat factory-built housing
STRUCTURES certified through the
state program and manufactured housing certified through the federal
program the same as site-built homes. The general assembly further finds,
determines, and declares that:
(b) The comprehensive regulation of the installation of
MOBILE
HOMES
, manufactured homes, OR TINY HOMES to ensure safety, affordability,
efficiency, and performance is a matter of statewide and local concern.
(c) The protection of Colorado consumers who purchase
manufactured homes
OR TINY HOMES from fraud and other unfair business
practices is a matter of statewide concern and consumers can best be
protected by:
(I) Requiring registration of persons engaged in the business of
selling manufactured homes
OR TINY HOMES;
(II) Imposing escrow and bonding requirements upon persons
engaged in the business of
MANUFACTURING OR selling manufactured
homes
OR TINY HOMES; and
(III) Requiring persons engaged in the business of selling
manufactured homes
OR TINY HOMES to include specified disclosures and
provisions in any contract for the sale of a manufactured home
OR TINY
HOME
.
(d) The imposition of registration requirements upon
THE sellers of
manufactured homes
OR TINY HOMES by both the state and political
subdivisions of the state would impose an undue burden upon
THE sellers
of manufactured homes
OR TINY HOMES and discourage the sale of
manufactured homes
OR TINY HOMES.
(e) The registration, escrow and bonding, and contract requirements
imposed on
THE sellers of manufactured homes OR TINY HOMES by this part
PAGE 2-HOUSE BILL 22-1242 33 are exclusive, and no A political subdivision of the state may SHALL NOT
impose any additional registration, escrow and bonding, or contract
requirements on the sellers.
(f) T
HE REGULATION OF TINY HOMES IS NECESSARY TO PROTECT
CONSUMER SAFETY AND REC OGNIZE TINY HOMES AS AN AFFORDABLE
HOUSING ALTERNATIVE
.
(2) The general assembly further declares that in enacting this part
33, it is the intent of the general assembly that the division establish,
through the board, rules as it deems necessary to ensure:
(b) Consumer safety in the purchase of manufactured homes
OR
TINY HOMES
;
(c) The registration of manufactured home
installers and the creation
of uniform standards for the installation of manufactured homes
INSTALLATION on a statewide basis; and
(d) The safety, affordability, and performance of hotels, motels, and
multifamily structures in areas of the state where no construction standards
for hotels, motels, and multifamily structures exist;
AND
(e) THE SAFETY OF FOUNDATION SYSTEMS FOR TINY HOMES ,
MANUFACTURED HOMES , AND FACTORY-BUILT STRUCTURES IN AREAS OF THE
STATE WHERE NO CONSTRUCTION STANDARDS FOR TINY HOMES
,
MANUFACTURED HOMES , AND FACTORY-BUILT STRUCTURES EXIST.
(3) The general assembly further declares that the factory-built
structure programs
AND TINY HOME PROGRAMS administered and rules
adopted pursuant to
UNDER this part 33 apply only to work performed in a
factory or
WORK PERFORMED OFF SITE OR WORK completed at a
THE
INSTALLATION
site, using components shipped with the factory-builtstructure as reflected in the approved plans for the factory-built structure OR
TINY HOME
.
SECTION 2. In Colorado Revised Statutes, 24-32-3302, amend
(3), (4), (6), (11), (16), (17), (20)(a), (20)(d), (26), (29), (30), (32.5), and
(33); and add (24.5), (26.5), (34), and (35) as follows:
PAGE 3-HOUSE BILL 22-1242 24-32-3302. Definitions. As used in this part 33, unless the context
otherwise requires:
(3) "Certificate of installation" means a certificate issued by the
division for an installation of a manufactured home that meets the
requirements of COMPLIES WITH this part 33 AND RULES THAT THE BOARD
ADOPTS UNDER THIS PART
33.
(4) "Certified installer" means an installer of manufactured homes
who
OR TINY HOMES THAT:
(a) Is registered with the division; and who
(b) Has installed at least five manufactured homes OR TINY HOMES
in compliance with the manufacturer's instructions or standards created by
the division pursuant to this part 33; and
(c) Has been approved by the division for certified status.
(6) "Defect" means any deviation in the performance, construction,
components, or material of a manufactured home,
TINY HOME, OR
FACTORY
-BUILT STRUCTURE that renders the MANUFACTURED home, TINY
HOME
, OR FACTORY-BUILT STRUCTURE or any part thereof
OF THE
MANUFACTURED HOME
, TINY HOME, OR FACTORY-BUILT STRUCTURE not fit
for the ordinary use for which it was intended.
(11) "Factory-built structure" means:
(a) A factory-built nonresidential and
STRUCTURE;
(b) A factory-built residential buildings. STRUCTURE; AND
(c) A FACTORY-BUILT TINY HOME.
(16) (a) "Installation" means the placement of a manufactured home
OR TINY HOME on a permanent or temporary foundation system.
(b) "Installation" includes without limitation
supporting, blocking,
leveling, securing, or anchoring the home and connecting multiple or
expandable sections of the home.
PAGE 4-HOUSE BILL 22-1242 (17) "Installer" means any person who performs the installation of:
(a) A manufactured home, which includes multifamily structures,
for those with
THE knowledge, experience, and skills to do so; OR
(b) A TINY HOME.
(20) "Manufactured home" means any preconstructed building unit
or combination of preconstructed building units or closed panel systems
that:
(a) Include
INCLUDES electrical, mechanical, or plumbing services
that are fabricated, formed, or assembled at a location other than the site of
the completed home;
(d) Does not have motor power
IS NOT SELF-PROPELLED; and
(24.5) "M
OBILE HOME PARK" HAS THE MEANING SET FORTH IN
SECTION
38-12-201.5 (6).
(26) "Owner" means the owner of a manufactured home
OR TINY
HOME
.
(26.5) "P
ERMANENT FOUNDATION " MEANS A STRUCTURE THAT IS
DESIGNED OR INTENDED TO
:
(a) S
UPPORT A BUILDING FROM UNDERNEATH ;
(b) K
EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;
(c) P
REVENT THE BUILDING FROM MOVING ; AND
(d) NOT BE REMOVED FROM THE GROUND OR BUILDING .
(29) "Purchaser" means the first
A person purchasing a
manufactured home
OR TINY HOME IF EITHER IS PURCHASED in good faith for
purposes other than resale.
(30) "Quality assurance representative" means any state, firm,
corporation, or other entity that proposes to conduct production reviews,
PAGE 5-HOUSE BILL 22-1242 evaluate a manufacturer's quality control procedures, and perform design
evaluations. for factory-built structures.
(32.5) "Seller" means any person engaged in the business of selling
manufactured homes to be installed in Colorado
OR TINY HOMES TO BE
OCCUPIED OR INSTALLED IN
COLORADO.
(33) "Site" means the entire tract, subdivision, or parcel of land on
which manufactured homes
OR TINY HOMES are installed.
(34) "T
EMPORARY FOUNDATION " MEANS A STRUCTURE THAT IS
DESIGNED OR INTENDED TO
:
(a) S
UPPORT A BUILDING FROM UNDERNEATH ;
(b) K
EEP A BUILDING FIRMLY AFFIXED TO THE GROUND ;
(c) P
REVENT THE BUILDING FROM MOVING ; AND
(d) BE REMOVABLE FROM THE GROUND OR BUILDING .
(35) (a) "T
INY HOME" MEANS A STRUCTURE THAT:
(I) I
S PERMANENTLY CONSTRUCTED ON A VEHICLE CHASSIS ;
(II) I
S DESIGNED FOR LONG-TERM RESIDENCY;
(III) I
NCLUDES ELECTRICAL, MECHANICAL, OR PLUMBING SERVICES
THAT ARE FABRICATED
, FORMED, OR ASSEMBLED AT A LOCATION OTHER
THAN THE SITE OF THE COMPLETED HOME
;
(IV) I
S NOT SELF-PROPELLED; AND
(V) HAS A SQUARE FOOTAGE OF NOT MORE THAN FOUR HUNDRED
SQUARE FEET
.
(b) "T
INY HOME" DOES NOT INCLUDE:
(I) A
MANUFACTURED HOME ;
PAGE 6-HOUSE BILL 22-1242 (II) A RECREATIONAL PARK TRAILER AS DEFINED IN SECTION
24-32-902 (8);
(III) A
RECREATIONAL VEHICLE AS DEFINED IN SECTION 24-32-902
(9);
(IV) A
SEMITRAILER AS DEFINED IN SECTION 42-1-102 (89); OR
(V) AN INTERMODAL SHIPPING CONTAINER .
SECTION 3. In Colorado Revised Statutes, 24-32-3303, amend
(1)(e), (1)(f), and (1)(g); and add (1)(h) as follows:
24-32-3303. Division of housing - powers and duties - rules.
(1) The division has the following powers and duties pursuant to this part
33:
(e) To enforce requirements concerning the installation of
manufactured homes INSTALLATIONS, including the registration and
certification status of installers;
(f) To enforce requirements concerning the sale of
TINY HOMES AND
OF
manufactured homes, including the registration status of sellers; and
(g) To enforce requirements concerning the safety of hotels, motels,
and multi-family structures in areas of the state where no construction
standards for hotels, motels, and multi-family structures exist;
AND
(h) TO ENFORCE REQUIREMENTS CONCERNING THE SAFETY OF
FOUNDATION SYSTEMS FOR MANUFACTURED HOMES
, TINY HOMES, AND
FACTORY
-BUILT STRUCTURES IN AREAS OF THE STATE WHERE NO
CONSTRUCTION STANDARDS FOR MANUFACTURED HOMES
, TINY HOMES, AND
FACTORY
-BUILT STRUCTURES EXIST.
SECTION 4. In Colorado Revised Statutes, 24-32-3304, amend
(1)(d); and add (1)(f) and (1)(g) as follows:
24-32-3304. State housing board - powers and duties - rules.
(1) The board has the following powers and duties pursuant to this part 33:
PAGE 7-HOUSE BILL 22-1242 (d) To promulgate rules establishing standards for the installation
and setup of manufactured housing units; and
(f) TO PROMULGATE RULES ESTABLISHING STANDARDS FOR TINY
HOMES THAT COVER THE MANUFACTURE OF
, ASSEMBLY OF, AND
INSTALLATION OF TINY HOMES
; AND
(g) TO PROMULGATE UNIFORM FOUNDATION CONSTRUCTION
STANDARDS FOR MANUFACTURED HOMES
, FACTORY-BUILT STRUCTURES, OR
TINY HOMES IN THOSE AREAS OF THE STATE WHERE NO STANDARDS EXIST
.
SECTION 5. In Colorado Revised Statutes, 24-32-3305, amend (1)
introductory portion, (1)(b), (1)(c), (2), and (3); and add (1)(e) and (1)(f) as
follows:
24-32-3305. Rules - advisory committee - enforcement. (1) The
board must
SHALL promulgate rules as it deems necessary to ensure:
(b) The safety of consumers purchasing manufactured homes
OR
TINY HOMES
;
(c) The safety of manufactured home
installations; and
(e) THE IMPLEMENTATION OF SECTIONS 24-32-3328 AND 24-32-3329;
AND
(f) THE SAFETY OF FOUNDATION SYSTEMS FOR MANUFACTURED
HOMES
, TINY HOMES, AND FACTORY-BUILT STRUCTURES IN AREAS OF THE
STATE WHERE NO CONSTRUCTION STANDARDS FOR MANUFACTURED HOMES
,
TINY HOMES, AND FACTORY-BUILT STRUCTURES EXIST.
(2) Rules promulgated by the board must include provisions
imposing requirements reasonably consistent with recognized and accepted
standards adopted by
THE ASTM INTERNATIONAL, the International Code
Council, the National Fire Protection Association, and the Colorado state
plumbing and electrical codes, or a combination thereof
OF THESE
STANDARDS AND CODES
, except to the extent that the board finds that the
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
this title 24.
PAGE 8-HOUSE BILL 22-1242 (3) (a) The board must consult with and obtain the advice of an
advisory committee on residential and nonresidential FACTORY-BUILT
structures AND TINY HOMES in the drafting and promulgation of rules. The
committee consists of twelve FIFTEEN members appointed by the division
from the following professional and technical disciplines:
(I) One from architecture;
(II) One from structural engineering;
(III) Three from building code enforcement;
(IV) One from mechanical engineering or contracting;
(V) One from electrical engineering or contracting;
(VI) One from the plumbing industry;
(VII) One from the construction design or producer industry;
(VIII) Two from manufactured housing;
(IX) T
WO FROM THE TINY HOME INDUSTRY ;
(X) O
NE FROM ENERGY CONSERVATION ; and
(XI) One from organized labor.
(b) Committee members shall be
ARE reimbursed for actual and
necessary expenses incurred while engaged in official duties.
SECTION 6. In Colorado Revised Statutes, 24-32-3306, amend (1)
as follows:
24-32-3306. Recognition of similar standards - compliance with
standards. (1) If the division determines that standards for factory-built
STRUCTURES, TINY HOMES, or manufactured housing
HOMES prescribed by
statute or rule of another state or by the United States department of housing
and urban development are reasonably consistent with, or equal to,
standards required by this part 33, it may provide by rule that factory-built
PAGE 9-HOUSE BILL 22-1242 STRUCTURES, TINY HOMES, or manufactured housing HOMES approved by
the other state or by the department meets MEET the standards required by
this part 33.
SECTION 7. In Colorado Revised Statutes, 24-32-3307, amend (1)
as follows:
24-32-3307. Noncompliance with standards. (1) (a) The division
may obtain injunctive relief from the appropriate A court OF COMPETENT
JURISDICTION
to enjoin the manufacture, sale, delivery, or installation of:
(I) A factory-built housing
STRUCTURE by filing an affidavit
specifying the manner in which the housing FACTORY-BUILT STRUCTURE
does not conform to the requirements of this part 33 or to rules promulgated pursuant to section 24-32-3305;
OR
(II) A TINY HOME BY FILING AN AFFIDAVIT SPECIFYING THE MANNER
IN WHICH THE TINY HOME DOES NOT CONFORM TO THIS PART
33 OR TO RULES
PROMULGATED UNDER SECTION
24-32-3305 (1)(e) OR 24-32-3328.
(b) The division may suspend the issuance of insignias of approval
while injunctive relief is being sought.
SECTION 8. In Colorado Revised Statutes, 24-32-3309, amend
(1)(a) and (2) as follows:
24-32-3309. Fees - building regulation fund - rules.
(1) (a) (I) The board, by rule, must
SHALL establish a schedule of fees
designed to pay all direct and indirect costs incurred by the division in
carrying out and enforcing the provisions of
this part 33; except that the
amount of the registration fee for installers of manufactured homes is
LIMITED TO the amount specified in section 24-32-3315 (5) and the amount
of the registration fee for sellers of manufactured homes is LIMITED TO the
amount specified in section 24-32-3323 (3).
(II) Before establishing THE BOARD ESTABLISHES the schedule of
fees, the division, must FOR THE BOARD'S CONSIDERATION, SHALL gather
information regarding the fees charged by:
(A) Colorado local governments for the inspection and certification
PAGE 10-HOUSE BILL 22-1242 of improvements to residential real property that are not manufactured
homes
OR TINY HOMES; and
(B) the fees charged by
Governmental entities outside of Colorado
for the inspection and certification of manufactured homes for the board's
consideration OR TINY HOMES.
(III) The fees must be paid to the division and transmitted to the
state treasurer, who must SHALL credit the fees to the building regulation
fund, which fund is hereby created in the state treasury and referred to in
this section as the "fund". T
HE STATE TREASURER SHALL CREDIT all interest
derived from the deposit and investment of money in the fund must be
credited to the fund. Except as otherwise provided in subsection (2) of this
section, at the end of any fiscal year, all unexpended and unencumbered
money in the fund must remain
REMAINS in the fund and must not be
credited or transferred to the general fund or any other fund or used for any
other purpose other than to offset the costs of implementing, and
administering, and enforcing the provisions of this part 33.
(2) In addition to being used to offset the costs of implementing and
administering this part 33 as specified in subsection (1) of this section,
money in the fund may be expended:
(a) To provide education and training to manufacturers, sellers,
installers, building department employees, elected officials, and, as
appropriate, other persons affected by the mobile
HOME, manufactured
HOME, TINY HOME, and factory-built structures
STRUCTURE industry
regarding the building codes and state program requirements applicable to
mobile
HOMES, manufactured HOMES, TINY HOMES, and factory-built
structures within the state;
(b) To provide consumer training throughout the state that will help
a consumer make informed decisions when purchasing or considering the
purchase of a mobile home, manufactured home,
TINY HOME, or
factory-built structure; and
(c) To provide education and grants that will help manufacturers,
sellers, installers, owners, and, as appropriate, other parties affected by the
mobile
HOME, manufactured HOME, TINY HOME, and factory-built structures
STRUCTURE industry address safety issues that affect mobile HOMES,
PAGE 11-HOUSE BILL 22-1242 manufactured HOMES, TINY HOMES, and factory-built structures.
SECTION 9. In Colorado Revised Statutes, 24-32-3311, amend
(1)(a.3), (1)(a.7), (4), and (6) as follows:
24-32-3311. Certification of factory-built structures - rules.
(1) (a.3) Manufacturers of factory-built structures to be installed in the state
must SHALL register with the division as provided in board rules and are
subject to enforcement action, including suspension or revocation of their
registration for failing to comply with requirements contained in this part
33 and board rules. A
MANUFACTURER SHALL:
(I) C
OMPLY WITH ESCROW REQUIREMENTS OF DOWN PAYMENTS AS
ESTABLISHED BY THE BOARD BY RULE
; AND
(II) PROVIDE A LETTER OF CREDIT, CERTIFICATE OF DEPOSIT ISSUED
BY A LICENSED FINANCIAL INSTITUTION
, OR SURETY BOND ISSUED BY AN
AUTHORIZED INSURER IN AN AMOUNT AND PROCESS ESTABLISHED BY THE
BOARD BY RULE
. A FINANCIAL INSTITUTION OR AUTHORIZED INSURER SHALL
PAY THE DIVISION THE LETTER OF CREDIT
, CERTIFICATE OF DEPOSIT, OR
SURETY BOND IF A COURT OF COMPETENT JURISDICTION HAS RENDERED A
FINAL JUDGMENT IN FAVOR OF THE DIVISION BASED ON A FINDING THAT
:
(A) T
HE MANUFACTURER FAILED TO DELIVER THE FACTORY -BUILT
STRUCTURE
;
(B) T
HE MANUFACTURER FAILED TO REF UND A DOWN PAYMENT
MADE TOWARD THE PURCHASE OF THE FACTORY
-BUILT STRUCTURE; OR
(C) THE MANUFACTURER CEASED DOING BUSINESS OPERATIONS OR
FILED FOR BANKRUPTCY
.
(a.7) (I) The division must
SHALL conduct a full design and plan
review and inspection of the construction of factory-built structures to the
extent the design and construction relates to work performed off site or
work that is completed onsite using components shipped with the
factory-built structure AT THE INSTALLATION SITE as reflected in the
approved plans for the factory-built structure. A local government may
SHALL not duplicate efforts to review or approve the construction of a
factory-built structure that is under review or approved by the division nor
PAGE 12-HOUSE BILL 22-1242 may SHALL it charge building permit fees to cover the cost of plan reviews
or inspections performed by the division. A local government's jurisdiction
is limited to work done onsite
AT THE INSTALLATION SITE in compliance
with section 24-32-3311 (6) SUBSECTION (6) OF THIS SECTION and includes
associated plan review, permits, inspections, and fees.
(II) The division may authorize a local government to inspect and
approve work that is completed onsite using components shipped with the
factory-built structure AT THE INSTALLATION SITE as reflected in the
approved plans for the factory-built structure. A local government may
charge inspection fees if authorized to assist the division to inspect and
approve work
ON A FACTORY-BUILT STRUCTURE that is completed onsite
using components shipped with the factory-built structure AT THE
INSTALLATION SITE
as reflected in the approved plans for the factory-built
structure.
(4) A factory-built structure bearing an insignia of approval issued
by the division and affixed by the division or an authorized quality
assurance representative pursuant to this part 33 is deemed to be designed
and constructed in compliance with the requirements of all codes and
standards enacted or adopted by the state and accounting for any local
government installation requirements adopted in compliance with sections
24-32-3310 and 24-32-3318 that are applicable to the construction of
factory-built structures, to the extent that the design and construction relates
to work performed in a factory or work
ON A FACTORY-BUILT STRUCTURE
that is completed at a THE INSTALLATION site using components shipped
with the factory-built structure as reflected in the approved plans for the
factory-built structure. The determination by the division of the scope of
such approval is final. An insignia of approval affixed to the factory-built
structure does not expire unless the design and construction of the
factory-built structure has been modified from approved plans.
(6) All work at a
THE INSTALLATION site that is unrelated to the
installation of a factory-built structure or components shipped with
UNRELATED TO COMPLETING CONSTRUCTION OF A FACTORY -BUILT
STRUCTURE AT THE INSTALLATION SITE AS REFLECTED IN THE APPROVED
PLANS FOR
the factory-built structure, including additions, modifications,
and repairs to a factory-built structure, are IS subject to applicable local
government rules.
PAGE 13-HOUSE BILL 22-1242 SECTION 10. In Colorado Revised Statutes, repeal 24-32-3313 as
follows:
24-32-3313. Injunctive relief. The division may request the
appropriate court to enjoin the sale or delivery of any factory-built structure
upon an affidavit, specifying the manner in which the factory-built structure
does not conform to the requirements of this part 33 or the rules
promulgated pursuant to this part 33. The division may suspend the
authority of a manufacturer to affix insignias while injunctive relief is being
sought.
SECTION 11. In Colorado Revised Statutes, 24-32-3315, amend
(1)(c), (3), and (4) introductory portion as follows:
24-32-3315. Installers of manufactured homes and tiny homes
- registration - fees - educational requirements - rules. (1) (c) (I) A
homeowner who IS NOT REQUIRED TO REGISTER AS AN INSTALLER WITH THE
DIVISION IF THE HOMEOWNER
installs the owner's
HOMEOWNER'S own
manufactured home that is a one- or two-family dwelling
INTENDED FOR
THE HOMEOWNER
'S OWN PERSONAL USE OR A TINY HOME intended for their
THE HOMEOWNER 'S own personal use, is not required to register as an
installer with the division but THE HOMEOWNER must comply with all
provisions of this part 33 other than registration provisions. A homeowner
is limited to the
ONE installation of one manufactured home in any
twelve-month period and a total of no more than five during their THE
HOMEOWNER
'S lifetime.
(II) A homeowner installing their
THE HOMEOWNER 'S own
MANUFACTURED HOME OR TINY home is required to SHALL do their own THE
installation work. If the homeowner has another person perform installation
work, on their manufactured home, that person is required to MUST be a
registered or certified installer.
(3) An application A PERSON APPLYING for registration or
certification as a manufactured home AN installer, whether AN initial or
renewal
APPLICATION, must be submitted
SUBMIT THE APPLICATION on a
form provided by the division and verified by a declaration dated and signed
BY THE APPLICANT under penalty of perjury. by the applicant.
The
application must contain, in addition to any other information the division
may reasonably require, the name, address,
E-MAIL ADDRESS, and telephone
PAGE 14-HOUSE BILL 22-1242 number of the applicant. The division shall make the application and
declaration available for public inspection.
(4) On and after July 1, 2008, In order to be registered initially as a
manufactured home AN installer, an applicant must:
SECTION 12. In Colorado Revised Statutes, 24-32-3315.5, amend
(1) introductory portion, (1)(a), and (1)(b) as follows:
24-32-3315.5. Contract for the installation of manufactured
homes and tiny homes - requirements. (1) A registered or certified
installer must provide a contract for the installation of each manufactured
home
OR TINY HOME and make the following disclosures in any contract for
the installation of a manufactured home
OR TINY HOME:
(a) That the installer has a letter of credit, certificate of deposit, or
surety bond filed with the division for the performance of the installation;
of the manufactured home;
(b) That an aggrieved person may file a complaint with the division
concerning the performance of the installation, of the manufactured home,
including making a claim against the letter of credit, certificate of deposit, or surety bond filed with the division; and
SECTION 13. In Colorado Revised Statutes, 24-32-3316, amend
(1) as follows:
24-32-3316. Compliance with manufacturer's installation
instructions. (1) Except as provided by subsection (2) or (3) of this
section, any installation of a manufactured home in this state shall
MUST be
performed in strict accordance with the applicable manufacturer's
installation instructions. A copy of the manufacturer's instructions or the
standards promulgated by the division must be available at the time of
installation and inspection.
SECTION 14. In Colorado Revised Statutes, 24-32-3317, amend
(1), (2), (2.3), (2.9), (3)(a) introductory portion, (3)(a)(II) introductory
portion, (3)(a)(II)(C), (3)(b), (4), (5)(a) introductory portion, (5)(b), (6), (7),
(8), (9), (10) introductory portion, and (10)(e) as follows:
PAGE 15-HOUSE BILL 22-1242 24-32-3317. Installation of manufactured homes and tiny homes
- authorization - certificates - inspections - inspector qualification and
education requirements - rules. (1) Before beginning the
AN installation,
of a manufactured home, the owner or registered installer of a manufactured
home
OR TINY HOME must submit a request to the division and receive an
installation authorization from the division on a division-approved form,
unless the installation is occurring in a jurisdiction where a local
government is participating as an independent contractor, in which case the
owner or registered installer is to follow the local government's process for
receiving authorization to install a manufactured home
OR TINY HOME.
(2) The division may certify any installer who provides evidence of
five or more installations of manufactured homes
OR TINY HOMES performed
by the installer for which installation authorizations have previously been
issued pursuant to
IN ACCORDANCE WITH this section when, in the judgment
of the division, the installer has demonstrated the ability to successfully
complete installations of manufactured homes
in accordance with the
requirements of this part 33.
(2.3) An installer certified by the division is not required to obtain
an installation authorization from the division, but
A CERTIFIED INSTALLER
is required to obtain authorization to install a manufactured home OR TINY
HOME
from any local government participating as an independent
contractor. F
OR ANY INSTALLATION OCCURRING WITHIN THE JURISDICTION
OF A LOCAL GOVERNMENT NOT PARTICIPATING AS AN INDEPENDENT
CONTRACTOR
, THE CERTIFIED INSTALLER , UPON COMPLETION OF THE
INSTALLATION IN ACCORDANCE WITH THIS PART
33 AND BOARD RULES,
SHALL AFFIX ON THE MANUFACTURED HOME OR TINY HOME an installation
insignia issued by the division. is to be affixed on the manufactured home
by the certified installer upon completion of the installation of the
manufactured home in accordance with the requirements of this part 33 and
board rules in any jurisdiction not participating as an independent
contractor.
(2.9) The division or AN independent contractor at the request of the
division may, at the division's sole discretion, inspect the AN installation of
any manufactured home performed by a certified installer pursuant to this
subsection (2.9) and may require the certified installer to correct, within a
period established by rule promulgated by the board, any defects or
deficiencies in the installation. The division may revoke the certification of
PAGE 16-HOUSE BILL 22-1242 any installer certified pursuant to this subsection (2.9) when, in the
judgment of the division, the installer has performed installations of a
manufactured home AN INSTALLATION in violation of the requirements of
this part 33 OR BOARD RULES ADOPTED UNDER THIS PART 33. Any installer
whose certification has been so revoked may apply for recertification in
accordance with rules promulgated by the division.
(3) (a) The division may fine
A REGISTERED INSTALLER OR suspend
or revoke the registration of a registered installer if the installer fails to:
(II) Otherwise pay to the owner or occupant of a manufactured home
OR TINY HOME:
(C) A refund of any money paid up front that did not result in a
complete installation of the manufactured home
BY THE INSTALLER or the
cost of completing THAT WAS USED TO PAY A DIFFERENT REGISTERED
INSTALLER TO COMPLETE
the installation. by a different registered installer.
(b) (I) A financial institution or authorized insurer is required to
make payment to the division making WHEN THE DIVISION MAKES a claim
against the letter of credit, certificate of deposit, or surety bond:
(A) If a court of competent jurisdiction has rendered a final
judgment in favor of the division based on a finding that the registered
installer failed to perform on the installation of the manufactured home
as
required by this part 33 or board rules; or
(B) upon a ceasing of business operations or a bankruptcy filing by
the registered installer IF THE REGISTERED INSTALLER CEASES BUSINESS
OPERATIONS OR FILES FOR BANKRUPTCY
.
(II) T
HE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF
any installer who fails to provide a letter of credit, certificate of deposit, or
surety bond as required by section 24-32-3315 (2) and (6) or who otherwise
fails to pay any judgment by a court of competent jurisdiction in favor of
the division. is subject to the suspension or revocation of the registration by
the division.
(4) An owner or a registered installer must display an installation
authorization at the site of AT WHICH a manufactured home OR TINY HOME
PAGE 17-HOUSE BILL 22-1242 IS to be installed until an installation insignia is issued by the division or
independent contractor, unless the installation is occurring in a jurisdiction
where a local government is participating as an independent contractor. in
which case IF THE LOCAL GOVERNMENT IS AN INDEPENDENT CONTRACTOR ,
the owner or registered installer is to SHALL follow the local government's
process for identifying a manufactured home
OR TINY HOME to be installed
until the division's installation insignia is issued by the local government.
(5) (a) The division shall adopt rules that specify a standard form to
be used statewide by the division or an independent contractor as a
certificate of installation certifying that a manufactured home
OR TINY HOME
was installed in compliance with the provisions of
this part 33. However,
the certificate of installation applies only to
AN installation of a
manufactured home built in a factory and components shipped with themanufactured home as reflected in the approved plans for the manufactured
home OR OF A TINY HOME. The certificate of installation must include but
not be limited to the following:
(b) If a vacant manufactured home
OR TINY HOME fails an
installation inspection because of conditions that endanger the health or
safety of the occupant, the manufactured home
OR TINY HOME cannot be
occupied
UNTIL THE DEFECTS OR DEFICIENCIES THAT FORM THE BASIS OF THE
FAILED INSPECTION ARE CORRECTED
. If a manufactured home OR TINY HOME
fails an installation inspection because of conditions that do not endanger
the health or safety of the occupant, the manufactured home
OR TINY HOME
may be occupied pending the correction of those defects or deficiencies that
served as the basis of the failed inspection.
(6) In addition to inspections performed pursuant to subsection (2.9)
of this section, the division or the independent contractor that performs
inspections and enforcement of proper installation of manufactured homesINSTALLATIONS may inspect the AN installation of a manufactured home
upon request filed by the owner, installer, manufacturer, or seller. of the
manufactured home. The PARTY REQUESTING THE inspection must be paid
for by the party that requested PAY FOR the inspection.
(7) If the AN installation of a manufactured home by an installer has
failed FAILS the inspection conducted by the division or the independent
contractor and it is determined by the division or the independent contractor
DETERMINES that the installer has FAILED TO COMPLY WITH THE
PAGE 18-HOUSE BILL 22-1242 MANUFACTURER'S INSTRUCTIONS OR violated any of the installation
standards promulgated by the division, the installer must SHALL reimburse
the party requesting the inspection for the cost of the failed inspection and
must
pay for any subsequent repairs necessary to bring the installation into
compliance with the manufacturer's instructions or standards promulgated
by the division. The installer must
SHALL also pay for any subsequent
inspections required by the division or the independent contractor. Failure
of the installer to pay for any inspections or subsequent repairs deemed
necessary by the division or the independent contractor shall result
RESULTS
in the forfeiture of the installer's performance bond on behalf of the owner. of the manufactured home.
(8) (a) The division may authorize an independent contractor to
perform inspections and enforcement of proper installation of manufactured
homes INSTALLATIONS.
(b) (I) The division may SHALL provide training for independent
contractors
TO PERFORM INSTALLATION INSPECTIONS . THE TRAINING MUST
ENABLE INDEPENDENT CONTRACTORS WHO SUCCESSFULLY COMPLETE THE
TRAINING TO BE CERTIFIED BY THE DIVISION
. Independent contractors must
be certified by the division to perform installation inspections.
(II) T
HE DIVISION MAY ACCEPT GIFTS, GRANTS, OR DONATIONS FOR
THE TRAINING OF INDEPENDENT CONTRACTORS
. THE DIVISION SHALL
TRANSMIT ANY GIFTS
, GRANTS, OR DONATIONS IT RECEIVES TO THE STATE
TREASURER FOR DEPOSIT IN THE BUILDING REGULATION FUND CREATED IN
SECTION
24-32-3309.
(c) The division must
SHALL establish by rule the qualifications of
an inspector and the areas of expertise necessary for inspecting
manufactured homes On and after July 1, 2008,
OR TINY HOMES. A new
inspector must pass a division-approved installation test. The qualifications
for an inspector include but are not limited to
those of a professional civil
engineer, or local housing inspector, or independent contractor.
Commencing in 2009, Inspectors must SHALL also complete and maintain
records of the completion of division-approved education as established by
the board through rulemaking
BY RULE.
(9) If an installation or subsequent repair of an installation by an
installer fails to COMPLY WITH THE MANUFACTURER 'S INSTRUCTIONS OR
PAGE 19-HOUSE BILL 22-1242 meet the standards promulgated by the division within a period determined
by the division, the division must SHALL investigate the actions of the
installer. The division may revoke, suspend, or refuse to renew the
registration or certification of the installer for failing to comply with the
MANUFACTURER'S INSTRUCTIONS OR THE division's standards regarding AN
installation. of a manufactured home. Any independent contractor that
knows of an installer whose installations fail HAVE FAILED inspection and
have not been cured by subsequent repair must SHALL request that the
division investigate the installer.
(10) The board must SHALL adopt rules concerning:
(e) Any other rule MATTER necessary for the implementation of
manufactured home THE installation requirements in this part 33.
SECTION 15. In Colorado Revised Statutes, amend 24-32-3318
as follows:
24-32-3318. Local installation standards preempted. (1) E
XCEPT
AS AUTHORIZED IN SECTION
24-32-3329, a local government may
SHALL not
adopt less stringent standards for the AN installation of a manufactured
home than those promulgated by the division. A local government may
SHALL not, without express consent by the division, adopt different
standards than the standards for the AN installation of a manufactured home
promulgated by the division.
(2) (a) Nothing in this section may preclude PROHIBITS a local
government from enacting standards for
TINY HOMES, mobile HOMES, or
modular homes concerning unique public safety requirements related to
geographic or climatic conditions, such as weight restrictions for roof snow
loads, or
wind shear factors, OR WILDFIRE RISK, as otherwise permitted by
law.
(b) U
NLESS THE UNITED STATES DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT HAS GRANTED AN EXEMPTION TO A LOCAL
GOVERNMENT
, a local government may
SHALL not impose:
(I) Weight restrictions for roof snow loads or wind shear factors on
a manufactured home built to the federal manufactured home construction
and safety standards that are different from what has been zoned for the
PAGE 20-HOUSE BILL 22-1242 state of Colorado by the United States department of housing and urban
development pursuant to the federal act; or impose
(II) Any other requirements that would impact the design and
construction of the
MANUFACTURED home. unless an exemption has beengranted for that jurisdiction by the United States department of housing and
urban development.
(3) Nothing in this section prohibits a local government from
requiring on-site mitigation to address unique public safety requirements
related to geographic and climatic conditions, such as weight restrictions for
roof snow loads, and
wind shear factors, OR WILDFIRE RISK on a
manufactured home built to the federal manufactured home construction
and safety standards, so long as there is no interference with the federal
standards for the design and construction of the manufactured home.
SECTION 16. In Colorado Revised Statutes, amend 24-32-3321
as follows:
24-32-3321. Investigations of consumer complaints. The division
may investigate complaints filed by owners, occupants, or other consumers
relating to the construction of factory-built structures and manufactured
homes, and the sale or
installation OR SALE of manufactured homes AND
TINY HOMES
as necessary to enforce and administer this part 33.
SECTION 17. In Colorado Revised Statutes, repeal 24-32-3322 as
follows:
24-32-3322. Training of inspectors - acceptance of gifts, grants,
and donations. (1) On and after July 1, 2000, the division must trainindependent contractors to perform installation inspections for
manufactured homes. The training must enable independent contractors
who successfully complete the training to become certified by the division.
(2) On and after July 1, 2000, the division may accept gifts, grants,
or donations for the training of independent contractors. The gifts, grants,
or donations received must be transmitted to the state treasurer who must
credit the money to the building regulation fund created in section
24-32-3309.
PAGE 21-HOUSE BILL 22-1242 SECTION 18. In Colorado Revised Statutes, amend 24-32-3323
as follows:
24-32-3323. Sellers of manufactured homes and tiny homes -
registration. (1) Any seller is required to register with the division before
engaging in the business of selling manufactured homes to be OR TINY
HOMES IF EITHER IS
installed in Colorado.
(2) An application
A PERSON APPLYING for a registration or renewal
required by this section must be submitted SUBMIT THE APPLICATION on a
form provided by the division and must be verified VERIFY THE
APPLICATION
by a declaration signed and dated, under penalty of perjury, by
a principal of the manufactured home
seller. The application must contain,
in addition to such ANY other information regarding the conduct of the
manufactured home seller's business as THAT the division may reasonably
require, the name, address,
E-MAIL ADDRESS, and position of each principal
of the manufactured home
seller and each person who exercises
management responsibilities as part of the manufactured home seller's
business activities. The application must also contain the address,
E-MAIL
ADDRESS
, and telephone number of each retail location operated by the
applicant, as well as the location and account number of the separate
fiduciary account required by section 24-32-3324 (1) and any board rules.
The division must preserve the application and declaration and make them
available for public inspection.
(3) (a) T
HE DIVISION SHALL REGISTER AN APPLICANT THAT COMPLIES
WITH SUBSECTION
(2) OF THIS SECTION AND THAT IS QUALIFIED IN
ACCORDANCE WITH THIS SECTION AND THE RULES PROMULGATED UNDER
THIS SECTION
.
(b) A registration issued pursuant to subsection (2)
UNDER
SUBSECTION
(3)(a) of this section is valid for one year
TWELVE MONTHS
after the date of issuance. The amount of the DIVISION SHALL NOT SET THE
registration fee cannot be AT AN AMOUNT OF more than two hundred dollars.
(c) If, after issuance of a registration REGISTERING A SELLER, any of
the required information submitted with the application for the registration
pursuant to subsection (2) of this section
becomes inaccurate, a principal of
the manufactured home seller must SHALL notify the division in writing of
the inaccuracy within thirty days and provide the division with accurate
PAGE 22-HOUSE BILL 22-1242 updated information.
(4) For purposes of this section, a person is not a seller if the person:
(a) Is a natural person acting personally in selling a manufactured
home owned or leased by the person
OR A TINY HOME OWNED OR LEASED BY
THE PERSON
;
(b) Sells a manufactured home
OR A TINY HOME in the course of
engaging in activities that are subject to the provisions of
article 10 of title
12 or activities that would be subject to the provisions but for a specific
exemption set forth in article 10 of title 12 OR AN EXEMPTION SET FORTH IN
ARTICLE
10 OF TITLE 12;
(c) Sells a manufactured home
OR A TINY HOME for salvage or
nonresidential use;
(d) Directly or indirectly sells, in any calendar year, three or fewer
previously occupied manufactured homes that
OR TINY HOMES THAT are
owned by a manufactured MOBILE home park owner and are located within
one or more manufactured MOBILE home parks in Colorado; or
(e) For a salary, commission, or compensation of any kind, is
employed directly or indirectly by any registered manufactured home seller
to sell or negotiate for the sale of manufactured homes
OR TINY HOMES.
SECTION 19. In Colorado Revised Statutes, 24-32-3324, amend
(2) as follows:
24-32-3324. Escrow and bonding requirements - rules. (2) (a) A
seller must provide a letter of credit
OR certificate of deposit issued by a
licensed financial institution or surety bond issued by an authorized insurer
in an amount and
IN ACCORDANCE WITH THE process established by the
board through rulemaking
BY RULE.
(b) A financial institution or authorized insurer is required to make
payment to the division making WHEN THE DIVISION MAKES a claim against
the letter of credit, certificate of deposit, or surety bond:
(I) If a court of competent jurisdiction has rendered a final judgment
PAGE 23-HOUSE BILL 22-1242 in favor of the division based on a finding that the registered seller failed to:
(A) Deliver the manufactured home
OR TINY HOME or refund
payments made toward the purchase of the manufactured home pursuant to
OR OF THE TINY HOME AS REQUIRED BY this part 33 or board rules; or
(B) Provide a reasonable per diem living expense in violation of the
contractual provisions required by section 24-32-3325; or
(II) Upon a ceasing of business operations or a bankruptcy filing by
the registered seller IF THE REGISTERED SELLER CEASES BUSINESS
OPERATIONS OR FILES FOR BANKRUPTCY
.
(c) T
HE DIVISION MAY SUSPEND OR REVOKE THE REGISTRATION OF
any seller who
THAT fails to provide a letter of credit, certificate of deposit,
or surety bond as required by this subsection (2) or who THAT otherwise
fails to pay any judgment by a court of competent jurisdiction in favor of
the division. is subject to the suspension or revocation of the registration by
the division.
SECTION 20. In Colorado Revised Statutes, 24-32-3325, amend
(1) introductory portion, (1)(a), (1)(c), (1)(d), and (2) as follows:
24-32-3325. Contract for sale of manufactured home or tiny
home - requirements. (1) A seller must provide a contract with the sale of
each manufactured home
OR TINY HOME and make the following disclosures
in any contract for the sale of a manufactured home
OR TINY HOME:
(a) That the purchaser may have no legal right to rescind the
contract absent delinquent delivery of the manufactured home
or the
existence of a specific right of rescission set forth in the contract;
(c) That an aggrieved person may file a complaint
WITH THE
DIVISION AGAINST THE SELLER
for a refund of any payment held in escrow
by a seller; of manufactured homes against the seller with the division;
and
(d) That an aggrieved person may bring a civil action pursuant to the
provisions of the "Colorado Consumer Protection Act", section 6-1-709, to
remedy violations of manufactured home seller requirements in this part 33.
However, damages are limited in accordance with the provisions of section
PAGE 24-HOUSE BILL 22-1242 6-1-113 (2.5).
(2) A contract for the sale of a manufactured home
OR TINY HOME
by a seller must also contain the following provisions:
(a) E
ITHER:
(I) A date certain for the delivery of the manufactured home
OR TINY
HOME
; or
(II) A listing of specified delivery preconditions that must occur
before a date certain for delivery can be determined;
(b) A statement that if delivery of the manufactured home
OR TINY
HOME
is delayed by more than sixty days after the delivery date specified in
the contract of sale or by more than sixty days after the delivery
preconditions set forth in the contract of sale have been met if no date
certain for delivery has been set, the seller will either refund the
manufactured home sale
down payment or provide a reasonable per diem
living expense to the buyer for the days between the delivery date specified
in the contract or the sixty-first day after the delivery preconditions set forth
in the contract have been met, whichever is applicable, and the actual date
of delivery, unless the delay in delivery is unavoidable or caused by the
buyer; and
(c) An agreed upon location for delivery of the manufactured home
OR TINY HOME to the purchaser.
SECTION 21. In Colorado Revised Statutes, 24-32-3326, amend
(1) introductory portion, (1)(b), (1)(c), and (2) as follows:
24-32-3326. Unlawful sales practices - manufactured homes and
tiny homes - fines. (1) A seller engages in an unlawful manufactured home
sale
OR TINY HOME SALES practice when the person:
(b) Fails to comply with the escrow and bonding requirements of
sections 24-32-3323 (2.5) and 24-32-3324, SECTION 24-32-3324 or board
rules;
(c) Fails to provide and include in any contract for the sale of a
PAGE 25-HOUSE BILL 22-1242 manufactured home OR TINY HOME any of the disclosures or contract
provisions required by section 24-32-3325; or
(2) Any A person found to be selling or have sold THAT SELLS a
manufactured home
OR TINY HOME in a manner contrary to the requirementsof this part 33 OR RULES ADOPTED UNDER THIS PART 33 is subject to
revocation or suspension of a seller's registration, fines, or any other
measures as prescribed by rule promulgated by
RULES THAT the division
PROMULGATES or BY other applicable Colorado law. The division may issue
a fine of up to ten thousand dollars for each violation. Multiple violations
of this part 33
OR RULES ADOPTED UNDER THIS PART 33 THAT ARE committed
during a single sale constitute one violation. Each sale performed in
violation of this part 33
OR RULES ADOPTED UNDER THIS PART 33 constitutes
a separate violation. Fines must be paid to the division and transmitted to
the state treasurer, who must credit the fees
FINES to the building regulation
fund created in section 24-32-3309.
SECTION 22. In Colorado Revised Statutes, 24-32-3327, amend
(1) as follows:
24-32-3327. Inspections. (1) For the purposes of enforcement of
this part 33, persons duly designated by the division, upon presenting
appropriate credentials to the owner, operator, or agent in charge, are
authorized:
(a) To enter at reasonable times and without advance notice any
factory, warehouse, or establishment in which manufactured homes,
TINY
HOMES
, or factory-built structures are manufactured, stored, or held for sale;
(b) To inspect at reasonable times, within reasonable limits, and in
a reasonable manner, any factory, warehouse, or establishment in which
manufactured homes,
TINY HOMES, or factory-built structures are
manufactured, stored, or held for sale and to inspect any books, papers,
records, and documents that relate to the safety of manufactured homes,
TINY HOMES, or factory-built structures. Each inspection must be
commenced and completed with reasonable promptness.
(c) To enter and inspect, at reasonable times and without advance
notice, any site on which
A manufactured housing
HOME OR A TINY HOME
is BEING or has been installed or reinstalled at or near the time of installation
PAGE 26-HOUSE BILL 22-1242 or reinstallation; and
(d) To inspect any books, papers, records, and documents that relate
to the proper installation of
A manufactured housing
HOME OR A TINY HOME.
SECTION 23. In Colorado Revised Statutes, add 24-32-3328 and
24-32-3329 as follows:
24-32-3328. Tiny homes - standards - rules. (1) B
Y JULY 1, 2023,
THE BOARD SHALL PROMULGATE RULES ESTABLISHING STANDARDS FOR THE
MANUFACTURE OF TINY HOMES
. THE BOARD MAY USE ANY NATIONAL OR
INTERNATIONAL STANDARD THAT IS APPROPRIATE FOR ALL OR A PORTION OF
A TINY HOME IF THE BOARD FINDS THAT THE STANDARD PROVIDES FOR
REASONABLE SAFETY STANDARDS FOR TINY HOME OCCUPANTS
. THE BOARD
MAY MODIFY
, BY RULE, ANY NATIONAL OR INTERNATIONAL STANDARD
ADOPTED UNDER THIS SUBSECTION
(1) AS NECESSARY FOR USE IN
COLORADO.
(2) T
HE BOARD SHALL ESTABLISH STANDARDS FOR CONNECTING A
TINY HOME TO UTILITIES
, INCLUDING WATER, SEWER, NATURAL GAS, AND
ELECTRICITY
.
(3) I
N PROMULGATING RULES UNDER THIS SECTION , THE BOARD
SHALL CONSIDER
:
(a) T
HE IMPORTANCE OF KEEPING TINY HOMES AFFORDABLE ;
(b) T
HE UNIQUE CHARACTERISTICS OF TINY HOMES SUCH AS SIZE
CONSTRAINTS AND CONSTRUCTION ON A CHASSIS SO THAT THEY CAN BE
MOVED FROM SITE TO SITE
;
(c) T
HAT MANY TINY HOMES ARE BUILT BY SHOPS PRODUCING FEWER
THAN TWENTY UNITS PER YEAR
;
(d) T
HAT MANY TINY HOMES ARE CUSTOM -BUILT RATHER THAN
MASS
-PRODUCED MODELS, AND
(e) THAT MANY TINY HOMES ARE BUILT BY THEIR OWNERS RATHER
THAN BY COMMERCIAL SHOPS
.
PAGE 27-HOUSE BILL 22-1242 24-32-3329. Local governments inspections of tiny homes -
connection to utilities - rules. (1) A
STATE ELECTRICAL INSPECTOR OR A
LOCAL GOVERNMENT MAY APPROVE THE CONNECTION OF A TINY HOME FOR
ELECTRIC UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH
APPLICABLE CODES AND STANDARDS FOR CONNECTION FOR ELECTRIC
UTILITY SERVICE
.
(2) A
STATE PLUMBING INSPECTOR OR A LOCAL GOVERNMENT MAY
APPROVE THE CONNECTION OF A TINY HOME FOR WATER
, GAS, OR SEWER
UTILITY SERVICE IF THE TINY HOME IS IN COMPLIANCE WITH APPLICABLE
CODES AND STANDARDS FOR CONNECTION FOR WATER
, GAS, OR SEWER
UTILITY SERVICE
.
SECTION 24. In Colorado Revised Statutes, amend 24-32-904.5
as follows:
24-32-904.5. Compliance with national standards - recreational
park trailers - recreational vehicles. (1) No
A person, partnership, firm,
corporation, or any other entity may SHALL NOT manufacture, sell, or offer
for sale within this state:
(a) Any new recreational vehicle that is not manufactured in
compliance with the American national standards institute's (ANSI's)
standard A 119.2 NATIONAL FIRE PROTECTION ASSOCIATION'S STANDARD
1192 for recreational vehicles or any SUCCESSOR STANDARD OR amendment;
thereto; or
(b) Any new recreational park trailer that is not manufactured in
compliance with the American national standards institute's (ANSI's)
standard A 119.5 for recreational park trailers,
OR ANY SUCCESSOR
STANDARD OR AMENDMENT
.
SECTION 25. In Colorado Revised Statutes, 6-1-105, amend
(1)(ss) as follows:
6-1-105. Unfair or deceptive trade practices. (1) A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
(ss) Violates any provision of part 33 of article 32 of title 24 C.R.S.,
PAGE 28-HOUSE BILL 22-1242 that applies to the installation of manufactured homes OR TINY HOMES;
SECTION 26. In Colorado Revised Statutes, amend 6-1-709 as
follows:
6-1-709. Sales of manufactured and tiny homes - deceptive trade
practices. A person engages in a deceptive trade practice when, in the
course of such THE person's business, vocation, or occupation, such THE
person engages in conduct that constitutes an unlawful manufactured home sale practice as
SALES PRACTICE OR AN UNLAWFUL TINY HOME SALES
PRACTICE
, AS EITHER SALES PRACTICE IS described in section 24-32-3326.
C.R.S.
SECTION 27. In Colorado Revised Statutes, 12-115-103, add (13)
as follows:
12-115-103. Definitions. As used in this article 115, unless the
context otherwise requires:
(13) "T
INY HOME" HAS THE MEANING SET FORTH IN SECTION
24-32-3302 (35).
SECTION 28. In Colorado Revised Statutes, 12-115-120, amend
(1)(c), (2)(a), (2)(c), and (10)(d) as follows:
12-115-120. Inspection - application - standard - rules. (1) (c) A
utility shall not provide service to any person required to have electrical
inspection under this article 115 without proof of final approval as provided
in subsection (1)(b) of this section; except that
THE UTILITY SHALL PROVIDE
service:
(I) shall be provided
In those situations determined by the local
electrical inspection authority, or by the board, whichever has jurisdiction,
to be emergency situations for a maximum period of seven days or until the
inspection has been made;
OR
(II) IF THE BOARD OR LOCAL ELECTRICAL INSPECTION AUTHORITY
HAS APPROVED A TINY HOME CONNECTION FOR ELECTRIC UTILITY SERVICE
IN ACCORDANCE WITH SECTION
24-32-3329.
PAGE 29-HOUSE BILL 22-1242 (2) (a) The owner of an electrical installation in any new
construction, other than manufactured units certified by the division of
housing pursuant to section 24-32-3311
OR A TINY HOME MANUFACTURED
TO THE STANDARDS OF SECTION
24-32-3328 (1), or remodeling or repair of
an existing construction, except in any incorporated town or city, county,
city and county, or qualified state institution of higher education having its
own electrical code and inspection program equal to the minimum standards
as are provided in this article 115, shall have the electrical portion of the
installation, remodeling, or repair inspected by a state electrical inspector.
A qualified state institution of higher education with a building department
that meets or exceeds the minimum standards adopted by the board under
this article 115 shall process applications for permits and inspections only
from the institution and from contractors working for the benefit of the
institution and shall conduct inspections only of work performed for the
benefit of the institution.
(c) A manufactured home, mobile home,
TINY HOME, or movable
structure owner shall have the electrical installation for the manufactured
home, mobile home,
TINY HOME, or movable structure inspected prior to
obtaining electric service. A
N INSPECTION OF A TINY HOME PERFORMED IN
ACCORDANCE WITH SECTION
24-32-3329 COMPLIES WITH THIS SUBSECTION
(2)(c).
(10) (d) (I) The board shall ensure compliance with this section. If
the board determines, as a result of a complaint, that an entity other than the
state is conducting electrical inspections that do not comply with this
section, the board may issue to that entity an order to show cause, in
accordance with sections 12-20-405 and 12-115-122 (6), as to why the
board should not issue a final order directing that entity to cease and desist
conducting electrical inspections until that entity comes into compliance to
the satisfaction of the board.
(II) T
HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO AN
INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE
OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN
APPROVED IN ACCORDANCE WITH SECTION
24-32-3329.
(III) If the use of state electrical inspectors is required after the
issuance of a final cease-and-desist order pursuant to this subsection
(10)(d), that entity shall reimburse the board for any expenses incurred in
PAGE 30-HOUSE BILL 22-1242 performing that entity's inspections, in addition to transmitting the required
permit fees.
SECTION 29. In Colorado Revised Statutes, 12-155-103, add
(13.5) as follows:
12-155-103. Definitions. As used in this article 155, unless the
context otherwise requires:
(13.5) "T
INY HOME" HAS THE MEANING SET FORTH IN SECTION
24-32-3302 (35).
SECTION 30. In Colorado Revised Statutes, 12-155-105, amend
(2) introductory portion as follows:
12-155-105. Powers of board - fees - rules. (2) Notwithstanding
any other provisions to the contrary, the board may, with regard to
manufactured housing that is subject to part 7 of
article 32 of title 24:
SECTION 31. In Colorado Revised Statutes, 12-155-118, amend
(3) as follows:
12-155-118. Exemptions. (3) Nothing in this article 155 shall be
construed to apply to the manufacture of housing that is subject to the
provisions of part 7 of
article 32 of title 24 or the installation of individual
residential or temporary construction units of manufactured housing water
and sewer hookups inspected pursuant to section 12-155-105
SECTION
12-155-105 (2).
SECTION 32. In Colorado Revised Statutes, 12-155-120, amend
(1) and (10)(c) as follows:
12-155-120. Inspection - application - standards. (1) (a) Any
plumbing or gas piping installation in any new construction or remodeling
or repair, other than manufactured units
OR TINY HOMES inspected in
accordance with the provisions of part 7 of
article 32 of title 24, except for
the new construction or remodeling or repair in any incorporated town or
city, county, or city and county, or in a building owned or leased or on land
owned by a qualified state institution of higher education where the local
entity or qualified state institution of higher education conducts inspections
PAGE 31-HOUSE BILL 22-1242 and issues permits, must be inspected by a state plumbing inspector.
(b) A state plumbing inspector shall inspect any new construction,
remodeling, or repair subject to the provisions of this subsection (1) within
three working days after the receipt of the application for inspection.
(c) Prior to the commencement of any plumbing or gas piping
installation, the person making the installation shall apply for a permit and
pay the required fee.
(d) Every mobile home,
TINY HOME, or movable structure owner
shall have the plumbing and gas piping hookup for the mobile home,
TINY
HOME
, or movable structure inspected prior to obtaining new or different
plumbing or gas service. A
N INSPECTION OF A TINY HOME PERFORMED IN
ACCORDANCE WITH SECTION
24-32-3329 COMPLIES WITH THIS SUBSECTION
(1)(d).
(e) A qualified state institution of higher education with a building
department that meets or exceeds the minimum standards adopted by the
board under this article 155 shall process applications for permits and
inspections only from the institution and from contractors working for the
benefit of the institution, and shall conduct inspections only of work
performed for the benefit of the institution. Each inspection must include
a contemporaneous review to ensure that the requirements of section
12-155-108 have been met. A qualified state institution of higher education
shall enforce standards that are at least as stringent as any minimum
standards adopted by the board.
(10) (c) (I) The board shall ensure compliance with this section. If
the board determines, as a result of a formal complaint, that an inspecting
entity is conducting plumbing inspections that do not comply with this
section, the board may issue to the inspecting entity an order to show cause,
in accordance with section 12-155-105 (1)(m), as to why the board should
not issue a final order directing the inspecting entity to cease and desist
conducting plumbing inspections until the inspecting entity comes into
compliance to the satisfaction of the board.
(II) T
HE BOARD SHALL NOT ISSUE A CEASE-AND-DESIST ORDER TO AN
INSPECTING ENTITY BECAUSE THE INSPECTING ENTITY APPROVED THE
OCCUPANCY OF ONE OR MORE TINY HOMES IF THE TINY HOMES HAVE BEEN
PAGE 32-HOUSE BILL 22-1242 APPROVED IN ACCORDANCE WITH SECTION 24-32-3329.
(III) If the use of state plumbing inspectors is required after the
issuance of a final cease-and-desist order pursuant to this subsection
(10)(c), the inspecting entity shall reimburse the board for any expenses
incurred in performing the inspecting entity's inspections, in addition to
transmitting the required permit fees.
SECTION 33. In Colorado Revised Statutes, 38-12-201.5, amend
(5) as follows:
38-12-201.5. Definitions. As used in this part 2 and in part 11 of
this article 12, unless the context otherwise requires:
(5) "Mobile home" means:
(a) A single-family dwelling that is built on a permanent chassis; is
designed for long-term residential occupancy; contains complete electrical,
plumbing, and sanitary facilities; is designed to be installed in a permanent
or semipermanent manner with or without a permanent foundation; and is
capable of being drawn over public highways as a unit or in sections by
special permit; or
(b) A manufactured home, as defined in section 38-29-102 (6), if the
manufactured home is situated in a mobile home park;
OR
(c) A TINY HOME, AS DEFINED IN SECTION 24-32-3302 (35), THAT IS
USED AS A LONG
-TERM RESIDENCE IN THE MOBILE HOME PARK .
SECTION 34. In Colorado Revised Statutes, 39-1-102, amend
(14.3); and add (16.3) as follows:
39-1-102. Definitions. As used in articles 1 to 13 of this title 39,
unless the context otherwise requires:
(14.3) "Residential improvements" means a building, or that portion
of a building, designed for use predominantly as a place of residency by a
person, a family, or families. The term includes buildings, structures,
fixtures, fences, amenities, and water rights that are an integral part of the
residential use. The term also includes a manufactured home, as defined in
PAGE 33-HOUSE BILL 22-1242 subsection (7.8) of this section, a mobile home, as defined in subsection (8)
of this section, and a modular home, as defined in subsection (8.3) of this
section AND A TINY HOME.
(16.3) "T
INY HOME" MEANS A TINY HOME, AS DEFINED IN SECTION
24-32-3302 (35), THAT IS CERTIFIED BY THE DIVISION OF HOUSING IN THE
DEPARTMENT OF LOCAL AFFAIRS TO BE DESIGNED FOR LONG
-TERM
RESIDENCY AND THAT IS NOT REGISTERED IN ACCORDANCE WITH ARTICLE
3
OF TITLE 42.
SECTION 35. In Colorado Revised Statutes, 39-26-721, amend (3)
as follows:
39-26-721. Manufactured homes and tiny homes. (3) Beginning
July 1, 2019, The sale, storage, usage, or consumption of a manufactured
home, as defined in section 39-1-102 (7.8),
OR A TINY HOME, AS DEFINED IN
SECTION
24-32-3302 (35), is exempt from taxation under parts 1 and 2 of
this article 26.
SECTION 36. In Colorado Revised Statutes, 29-2-105, amend
(1)(d)(I) introductory portion and (1)(d)(I)(P) as follows:
29-2-105. Contents of sales tax ordinances and proposals.
(1) The sales tax ordinance or proposal of any incorporated town, city, or
county adopted pursuant to this article 2 shall be imposed on the sale of
tangible personal property at retail or the furnishing of services, as provided
in subsection (1)(d) of this section. Any countywide or incorporated town
or city sales tax ordinance or proposal shall include the following
provisions:
(d) (I) A provision that the sale of tangible personal property and
services taxable pursuant to this article 2 shall be
IS the same as the sale of
tangible personal property and services taxable pursuant to section
39-26-104, except as otherwise provided in this subsection (1)(d). The sale
of tangible personal property and services taxable pursuant to this article 2
shall be
IS subject to the same sales tax exemptions as those specified in part
7 of article 26 of title 39; except that the sale of the following may be
exempted from a town, city, or county sales tax only by the express
inclusion of the exemption either at the time of adoption of the initial sales
tax ordinance or resolution or by amendment thereto:
PAGE 34-HOUSE BILL 22-1242 (P) The exemption for manufactured homes AND TINY HOMES set
forth in section 39-26-721 (3).
SECTION 37. Appropriation. (1) For the 2022-23 state fiscal
year, $227,612 is appropriated to the department of local affairs. This
appropriation is from the general fund. To implement this act, the
department may use this appropriation as follows:
(a) $127,071 for use by the division of housing for manufactured
buildings program, which amount is based on an assumption that the
division will require an additional 1.4 FTE;
(b) $51,256 for use by the executive director's office for legal
services;
(c) $2,379 for use by the executive director's office for vehicle lease
payments; and
(d) $46,906 for use by the executive director's office for payments
to OIT.
(2) For the 2022-23 state fiscal year, $51,256 is appropriated to the
department of law. This appropriation is from reappropriated funds received
from the department of local affairs under subsection (1)(b) of this section
and is based on an assumption that the department of law will require an
additional 0.3 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of local
affairs.
(3) For the 2022-23 state fiscal year, $2,379 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of local affairs under subsection (1)(c) of this
section. To implement this act, the department of personnel may use this
appropriation to provide vehicles to the department of local affairs.
(4) For the 2022-23 state fiscal year, $46,906 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
local affairs under subsection (1)(d) of this section. To implement this act,
the office may use this appropriation to provide information technology
PAGE 35-HOUSE BILL 22-1242 services for the department of local affairs.
(5) For the 2022-23 state fiscal year, $86,946 is appropriated to the
department of regulatory agencies. This appropriation is from the division
of professions and occupations cash fund created in section 12-20-105 (3),
C.R.S. To implement this act, the department may use this appropriation as
follows:
(a) $50,440 for use by the division of professions and occupations
for personal services, which amount is based on an assumption that the
division will require an additional 0.9 FTE;
(b) $26,989 for use by the division of professions and occupations
for operating expenses; and
(c) $9,517 for use by the executive director's office and
administrative services for vehicle lease payments.
(6) For the 2022-23 state fiscal year, $9,517 is appropriated to the
department of personnel. This appropriation is from reappropriated funds
received from the department of local affairs under subsection (5)(c) of this
section. To implement this act, the department of personnel may use this
appropriation to provide vehicles to the department of regulatory agencies.
SECTION 38. Act subject to petition - effective date -
applicability. (1) This act takes effect at 12:01 a.m. on the day following
the expiration of the ninety-day period after final adjournment of the
general assembly; except that, if a referendum petition is filed pursuant to
section 1 (3) of article V of the state constitution against this act or an item,
section, or part of this act within such period, then the act, item, section, or
part will not take effect unless approved by the people at the general
election to be held in November 2022 and, in such case, will take effect on
the date of the official declaration of the vote thereon by the governor.
PAGE 36-HOUSE BILL 22-1242 (2) This act applies to acts committed on or after the applicable
effective date of this act.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 37-HOUSE BILL 22-1242