First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REREVISED This Version Includes All Amendments Adopted in the Second House LLS NO. 25-0276.04 Jed Franklin x5484 SENATE BILL 25-002 Senate Committees House Committees Local Government & Housing Transportation, Housing & Local Government Appropriations Appropriations A BILL FOR AN ACT C ONCERNING THE DEVELOPMENT OF REGIONAL BUILDING CODES THAT101 ACCOUNT FOR LOCAL CLIMATIC AND GEOGRAPHIC CONDITIONS102 FOR THE CONSTRUCTION AND INSTALLATION OF RESIDENTIAL103 AND NONRESIDENTIAL FACTORY -BUILT STRUCTURES, AND, IN 104 CONNECTION THEREWITH , MAKING AN APPROPRIATION .105 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill provides that after the state housing board (board) adopts rules about any activity required to undertake or complete the HOUSE Amended 3rd Reading April 21, 2025 HOUSE Amended 2nd Reading April 17, 2025 SENATE 3rd Reading Unamended March 31, 2025 SENATE Amended 2nd Reading March 28, 2025 SENATE SPONSORSHIP Bridges and Exum, Cutter, Hinrichsen, Kipp, Michaelson Jenet, Winter F. HOUSE SPONSORSHIP Boesenecker and Stewart R., Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. construction or installation of a factory-built nonresidential structure, a factory-built residential structure, or a factory-built tiny home (factory-built structure), the state plumbing board, the state electrical board, and the state fire suppression administrator do not have jurisdiction over and their rules do not apply to a factory-built structure. On or before July 1, 2026, the advisory committee on factory-built structures (advisory committee) is required to develop regional building codes for factory-built structures and implementation requirements and submit the recommended codes to the board. On or before July 1, 2026, the board must adopt rules: ! Implementing regional building code recommendations from the advisory committee that account for local climatic and geographic conditions for the construction and installation of factory-built structures, which supersede any conflicting ordinance, code, regulation, or other law of a local government unless the local government adopts the rules of the board; ! Covering the implementation requirements developed by the advisory committee, including authorizing a local government certified by the division of housing (division) to perform inspections of factory-built structures on behalf of the division and registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site; ! Covering electrical, plumbing, or fire suppression activity required to undertake or complete the construction or installation of a factory-built structure; ! Allowing the division to contract for third-party review and approval of a final design plan for a factory-built structure on behalf of the division; ! Allowing the division to create a process for vetting and approving the ability of a third party to review and approve a final design plan for a factory-built structure on behalf of the division; and ! Requiring the division to cause an audit to be performed on a third party that reviews and approves design plans. On or before July 1, 2026, the advisory committee is required to conduct a study on behalf of the division about whether the international building code or residential code standards that apply to site requirements should be incorporated into state statutes and rules and to determine whether the state should regulate non-factory-built components that are connected to a factory-built structure at the installation site and are currently under local jurisdiction. The division is required to deliver the study to the board 002 -2- when complete. A county or municipality may not: ! Enact a regulation that excludes factory-built structures and manufactured homes from the county or municipality; ! Impose more restrictive standards on factory-built structures and manufactured homes than those that the county or municipality applies to site-built homes in the same residential zones in the county or municipality; or ! Enact or enforce a regulation, law, or ordinance affecting the installation or construction of a factory-built structure or manufactured home. A county or municipality may: ! Enact land use regulations to the extent that the regulations are applicable to existing housing or structures or new site-built housing in the county or municipality; and ! Enact a building code provision for unique public safety requirements unless the provision applies to a factory-built structure or manufactured home. A county or municipality must comply with the requirements established by the division for factory-built structures and by the United States department of housing and urban development for manufactured homes. The bill requires the state treasurer to transfer $600,000 on July 1, 2025, from the innovative housing incentive program fund to the building regulation fund. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. Legislative declaration. (1) The general assembly2 finds and declares that:3 (a) Coloradans are overwhelmingly burdened with the cost of4 housing;5 (b) Forty-five percent of renters, 329,000 residents, spend more6 than 30% of their income on rent;7 (c) A household in Colorado must earn at least $70,840 annually8 to afford the median rent of $1,771 without being cost-burdened; 9 (d) To purchase a median-priced home, which is $550,300, with10 a 20% down payment, and avoid being cost-burdened, a household must11 002-3- earn $129,178 annually;1 (e) The average cost of construction of a new home as of2 November 2024 was approximately $483,000, which is an increase from3 $419,000 in 2023;4 (f) In 2021, the general assembly enacted House Bill 21-1329,5 which directed the executive committee of the legislative council to create6 a task force to meet during 2021 and issue a report with recommendations7 to the general assembly and the governor on policies to create8 transformative changes in the area of housing;9 (g) In 2022, the general assembly enacted House Bill 22-1282,10 which authorized investment in companies pursuing innovative11 construction methods, resulting in the establishment of the innovative12 housing incentive program;13 (h) Innovative housing incentive program investments are14 intended to create new housing units, which lower housing costs and15 encourage innovation; and16 (i) Off-site construction partners participating in the innovative17 housing incentive program, including modular manufacturers, have18 expressed concerns that regulatory barriers are preventing intended19 growth in housing units, reducing the cost and time-saving potential of20 off-site construction.21 (2) Therefore, the general assembly further finds and declares that22 it seeks to address the shortage and cost of housing by enacting regional23 standards for factory-built structures, rather than standards related to a24 specific address, which will increase the supply of housing and lower25 housing costs by lowering the cost of factory-built housing construction26 and encouraging partners to take advantage of the economies of scale27 002 -4- afforded through factory-built construction.1 SECTION 2. In Colorado Revised Statutes, 12-155-106, add (6)2 as follows:3 12-155-106. Colorado plumbing code - amendments -4 variances - Colorado fuel gas code. (6) (a) NOTWITHSTANDING ANY5 AUTHORITY GRANTED TO THE BOARD BY THIS SECTION AND AFTER RULES6 ARE ADOPTED BY THE STATE HOUSING BOARD PURSUANT TO SECTION7 24-32-3304 (1)(h)(III), THE BOARD DOES NOT HAVE JURISDICTION OVER8 AND THE RULES OF THE BOARD DO NOT APPLY TO ANY ACTIVITY REQUIRED9 TO UNDERTAKE OR COMPLETE THE CONSTRUCTION OR INSTALLATION OF10 A FACTORY-BUILT STRUCTURE, AS DEFINED IN SECTION 24-32-3302 (11).11 (b) P LUMBING INSTALLATIONS THAT CONNECT THESE STRUCTURES 12 TO EXTERNAL UTILITY SOURCES AND THAT ARE NOT CONSIDERED ACTIONS13 TO COMPLETE THE INSTALLATION OF A FACTORY -BUILT STRUCTURE AS14 REQUIRED BY A REGISTERED INSTALLER MUST BE COMPLETED BY A15 LICENSED PLUMBER UNDER A REGISTERED PLUMBING CONTRACTOR .16 (c) T HE INSTALLATION OF GAS PIPING ON THE SERVICE SIDE MUST 17 BE COMPLETED BY A QUALIFIED GAS PIPING INSTALLER .18 (d) T HE INSPECTION AND INSPECTORS OF THESE INSTALLATIONS , 19 OTHER THAN THOSE AUTHORIZED TO BE PERFORMED BY A REGISTERED20 INSTALLER, ARE REGULATED IN ARTICLE 155 OF TITLE 12 AND MUST BE21 PERFORMED BY LICENSED PLUMBING INSPECTORS .22 SECTION 3. In Colorado Revised Statutes, 12-115-107, add (5)23 as follows:24 12-115-107. Board powers and duties - rules - definition. (5) 25 (a) NOTWITHSTANDING ANY AUTHORITY GRANTED TO THE BOARD BY THIS26 SECTION AND AFTER RULES ARE ADOPTED BY THE STATE HOUSING BOARD27 002 -5- PURSUANT TO SECTION 24-32-3304 (1)(h)(III), THE BOARD DOES NOT1 HAVE JURISDICTION OVER AND THE RULES OF THE BOARD DO NOT APPLY2 TO ACTIVITY REQUIRED TO UNDERTAKE OR COMPL ETE THE CONSTRUCTION3 OR INSTALLATION OF A FACTORY -BUILT STRUCTURE, AS DEFINED IN4 SECTION 24-32-3302 (11).5 (b) E LECTRICAL INSTALLATIONS THAT CONNECT THESE 6 STRUCTURES TO EXTERNAL UTILITY SOURCES AND THAT ARE NOT7 CONSIDERED ACTIONS TO COMPLETE THE INSTALLATION OF A8 FACTORY-BUILT STRUCTURE AS REQUIRED BY A REGISTERED INSTALLER9 MUST BE COMPLETED BY A LICENSED ELECTRICIAN UNDER A REGISTERED10 ELECTRICAL CONTRACTOR .11 (c) T HE INSPECTION AND INSPECTORS OF THESE INSTALLATIONS , 12 OTHER THAN THOSE AUTHORIZED TO BE PERFORMED BY A REGISTERED13 INSTALLER, ARE REGULATED IN ARTICLE 115 OF TITLE 12 AND MUST BE14 PERFORMED BY LICENSED ELECTRICAL INSPECTORS .15 SECTION 4. In Colorado Revised Statutes, 24-33.5-1204.5, add16 (3) as follows:17 24-33.5-1204.5. Powers and duties of administrator - rules.18 (3) N OTWITHSTANDING ANY AUTHORITY GRANTED TO THE19 ADMINISTRATOR BY THIS SECTION AND AFTER RULES ARE ADOPTED BY THE20 STATE HOUSING BOARD PURSUANT TO SECTION 24-32-3304 (1)(h)(III), THE21 ADMINISTRATOR DOES NOT HAVE JURISDICTION OVER AND THE RULES OF22 THE ADMINISTRATOR DO NOT APPLY TO ACTIVITY REQUIRED TO23 UNDERTAKE OR COMPLETE THE CONSTRUCTION OR INSTALLATION OF A24 FACTORY-BUILT STRUCTURE, AS DEFINED IN SECTION 24-32-3302 (11).25 SECTION 5. In Colorado Revised Statutes, 24-32-3302, amend 26 (17) introductory portion as follows:27 002 -6- 24-32-3302. Definitions. As used in this part 33, unless the1 context otherwise requires:2 (17) "Installer" means any person who performs OR BUSINESS3 ENTITY AUTHORIZED TO PERFORM the installation of: 4 SECTION 6. In Colorado Revised Statutes, 24-32-3304, amend5 (1)(f) and (1)(g); and add (1)(h) as follows:6 24-32-3304. State housing board - powers and duties - rules.7 (1) The board has the following powers and duties pursuant to this part8 33:9 (f) To promulgate rules establishing standards for tiny homes that10 cover the manufacture of, assembly of, and installation of tiny homes; and11 (g) To promulgate uniform foundation construction standards for12 manufactured homes, factory-built structures, or tiny homes in those areas13 of the state where no standards exist; AND14 (h) O N OR BEFORE JULY 1, 2026, TO ADOPT RULES:15 (I) (A) E STABLISHING REGIONAL BUILDING CODE STANDARDS 16 ACCOUNTING FOR LOCAL CLIMATIC AND GEOGRAPHIC CONDITIONS , AND17 FIRE PROTECTION AND SUPPRESSION ACTIVITIES FOR THE CONSTRUCTION18 AND INSTALLATION OF FACTORY -BUILT STRUCTURES DEVELOPED BY THE19 ADVISORY COMMITTEE CREATED IN SECTION 24-32-3305 (3), WHICH SHALL20 SUPERSEDE A CONFLICTING ORDINANCE , CODE, REGULATION, OR OTHER21 LAW OF A LOCAL GOVERNMENT UNLESS A LOCAL GOVERNMENT ADOPTS22 THE RULES ISSUED BY THE BOARD;23 (B) T HE REGIONAL BUILDING CODES STANDARDS SHALL INCLUDE,24 AT A MINIMUM, WIND SHEAR, SNOW LOAD, WILDFIRE RISK, THERMAL ZONE,25 RADON MITIGATION , OR AUTOMATIC FIRE SPRINKLER SYSTEM26 REQUIREMENTS.27 002 -7- (II) ESTABLISHING REQUIREMENTS BASED ON THE1 RECOMMENDATIONS DEVELOPED BY THE ADVISORY COMMITTEE CREATED2 IN SECTION 24-32-3305 (3), INCLUDING THE CONTINUED AUTHORIZATION3 OF A LOCAL GOVERNMENT CERTIFIED BY THE DIVISION TO PERFORM4 INSPECTIONS OF A FACTORY -BUILT STRUCTURE ON BEHALF OF THE5 DIVISION;6 (III) ESTABLISHING REQUIREMENTS BASED ON THE7 RECOMMENDATIONS DEVELOPED BY THE ADVISORY COMMITTEE CREATED8 IN SECTION 24-32-3305 (3), INCLUDING REGISTRATION, RESPONSIBILITY,9 AND ACCOUNTABILITY REQUIREMENTS FOR A MANUFACTURER , INSTALLER,10 SELLER, OR GENERAL CONTRACTOR WHO DEVELOPS THE INSTALLATION11 SITE OR COMPLETES THE CONSTRUCTION OF A FACTORY-BUILT STRUCTURE 12 AT THE INSTALLATION SITE, INCLUDING OFFERING EDUCATION, TRAINING,13 AND CERTIFICATION OPPORTUNITIES;14 (A) A BUILDING CONTRACTOR, AS DEFINED IN SECTION 30-11-12515 (1)(a), IS NOT REQUIRED TO BE REGISTERED WITH OR CERTIFIED BY THE16 STATE WHEN CONDUCTING BUSINESS IN A JURISDICTION WITH AN17 ESTABLISHED LICENSING PROGRAM FOR BUILDING CONTRACTORS ; AND 18 (B) A BUILDING CONTRACTOR, AS DEFINED IN SECTION 30-11-12519 (1)(a), LICENSED BY A LOCAL GOVERNMENT SHALL COMPLETE EDUCATION20 AND TRAINING ABOUT FACTORY-BUILT CONSTRUCTION AS DEVELOPED BY21 THE DIVISION OF HOUSING AND ADMINISTERED IN COLLABORATION WITH22 THE LOCAL GOVERNMENT ;23 24 25 (IV) COVERING ELECTRICAL OR PLUMBING CODES REQUIRED TO26 UNDERTAKE OR COMPLETE THE CONSTRUCTION OR INSTALLATION OF A27 002 -8- FACTORY-BUILT STRUCTURE;1 (V) ALLOWING THE DIVISION TO CONTRACT FOR THIRD -PARTY2 REVIEW AND APPROVAL OF A FINAL DESIGN AND CONSTRUCTION PLAN FOR3 A FACTORY-BUILT STRUCTURE ON BEHALF OF THE DIVISION ;4 (VI) ALLOWING THE DIVISION TO CREATE A PROCESS FOR VETTING5 AND APPROVING THE ABILITY OF A THIRD PARTY TO REVIEW AND APPROVE6 A FINAL DESIGN AND CONSTRUCTION PLAN FOR A FACTORY -BUILT7 STRUCTURE ON BEHALF OF THE DIVISION ; AND8 (VII) REQUIRING THE DIVISION TO CAUSE AN AUDIT TO BE9 PERFORMED ON A THIRD PARTY THAT REVIEWS AND APPROVES DESIGN AND10 CONSTRUCTION PLANS, ON A THIRD PARTY THAT CONDUCTS INSPECTIONS11 ON ITS BEHALF, OF CONTRACTS OF SELLERS TO VERIFY COMPLIANCE , AND12 TO ENSURE PROTECTION OF DOWN PAYMENTS MADE BY PURCHASERS THAT13 ARE RETAINED BY THE SELLER OR MANUFACTURER .14 SECTION 7. In Colorado Revised Statutes, 24-32-3305, amend15 (3)(a) introductory portion, (3)(a)(III), (3)(a)(V), (3)(a)(VI), 16 (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X); add (3)(a)(XII), (3)(a)(XIII),17 (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4);18 and repeal (3)(a)(IV), (3)(a)(VII), and (3.3) as follows:19 24-32-3305. Rules - advisory committee - enforcement -20 regional building codes - study. (3) (a) Except when adopting an energy21 code pursuant to subsection (3.5) of this section, the board must consult22 with and obtain the advice of an advisory committee on factory-built23 structures and tiny homes in the drafting and promulgation of rules. The24 committee consists of fifteen NINETEEN members appointed by the25 division from the following professional and technical disciplines:26 (III) Three FOUR from building code enforcement, REPRESENTING27 002 -9- A LOCAL BUILDING DEPARTMENT FROM EACH OF THE FOLLOWING CLIMATE1 ZONES ACROSS THE STATE:2 (A) O NE FROM CLIMATE ZONE 4; 3 (B) O NE FROM CLIMATE ZONE 5; 4 (C) O NE FROM CLIMATE ZONE 6; AND 5 (D) O NE FROM CLIMATE ZONE 7; 6 (IV) One from mechanical engineering or contracting;7 (V) One from electrical engineering or contracting LICENSED8 ELECTRICIAN WHO MAY BE EMPLOYED BY THE DEPARTMENT OF9 REGULATORY AGENCIES;10 (VI) One from the plumbing industry LICENSED PLUMBER WHO11 MAY BE EMPLOYED BY THE DEPARTMENT OF REGULATORY AGENCIES ;12 (VII) One from the construction design or producer industry 13 (VIII) Two THREE from manufactured housing FACTORY-BUILT14 STRUCTURE CONSTRUCTION REPRESENTING THE FOLLOWING OCCUPANCY15 CLASSIFICATIONS:16 (A) O NE FROM THE INTERNATIONAL RESIDENTIAL CODE FOR ONE - 17 AND TWO-FAMILY DWELLINGS;18 (B) O NE FROM THE INTERNATIONAL BUILDING CODE FOR 19 RESIDENTIAL STRUCTURES; AND20 (C) O NE FROM THE INTERNATIONAL BUILDING CODE FOR FACTORY 21 AND INDUSTRIAL STRUCTURES ;22 (IX) Two ONE from the tiny home industry;23 (X) One from energy conservation; and24 (XII) O NE DEVELOPER SPECIALIZING IN THE USE OF 25 FACTORY-BUILT STRUCTURES IN PROJECTS;26 (XIII) O NE FROM CLIMATE RESILIENCY; 27 002 -10- (XIV) ONE REGISTERED INSTALLER;1 (XV) O NE REGISTERED SELLER; AND 2 (XVI) O NE INDIVIDUAL REPRESENTING EMERGENCY SERVICES OR 3 MANAGEMENT.4 (c) (I) T HE ADVISORY COMMITTEE S HALL DEVELOP REGIONAL 5 BUILDING CODES STANDARDS ACCOUNTING FOR LOCAL CLIMATIC AND6 GEOGRAPHIC CONDITIONS AND FIRE SUPPRESSION ACTIVITIES TO ENSURE7 SAFETY AND TO APPLY THE MOST STRINGENT OF THESE REQUIREMENTS FOR8 THE CONSTRUCTION AND INSTALLATION OF FACTORY-BUILT STRUCTURES9 AND SUBMIT THE RECOMMENDED REGI ONAL BUILDING CODES IN THE FORM10 OF RECOMMENDED ADMINISTRATIVE RULES FOR CONSIDERATION AND11 ADOPTION BY THE BOARD.12 (II) T HE REGIONAL BUILDING CODES STANDARDS SHALL INCLUDE,13 AT A MINIMUM, WIND SHEAR, SNOW LOAD, WILDFIRE RISK, THERMAL ZONE,14 RADON MITIGATION , OR AUTOMATIC FIRE SPRINKLER SYSTEM15 REQUIREMENTS.16 (d) (I) THE ADVISORY COMMITTEE SHALL DEVELOP17 IMPLEMENTATION REQUIREMENTS, INCLUDING THE CONTINUED18 AUTHORIZATION OF A LOCAL GOVERNMENT TO PERFORM INSPECTIONS OF19 FACTORY-BUILT STRUCTURES ON BEHALF OF THE DIVISION OF HOUSING;20 AND21 (II) THE ADVISORY COMMITTEE SHALL DEVELOP IMPLEMENTATION22 REQUIREMENTS, INCLUDING REGISTRATION , RESPONSIBILITY, AND23 ACCOUNTABILITY REQUIREMENTS FOR M ANUFACTURERS , INSTALLERS,24 SELLERS, OR GENERAL CONTRACTORS WHO DEVELOP THE INSTALLATION25 SITE OR COMPLETE THE CONSTRUCTION OF FACTORY -BUILT STRUCTURES26 AT THE INSTALLATION SITE, INCLUDING OFFERING EDUCATION, TRAINING,27 002 -11- AND CERTIFICATION OPPORTUNITIES, AND SUBMIT THE IMPLEMENTATION1 REQUIREMENTS IN THE FORM OF RECOMMENDED ADMINISTRATIVE RULES2 FOR CONSIDERATION AND ADOPTION BY THE BOARD .3 (e) D URING THE 2026 LEGISLATIVE SESSION, THE DEPARTMENT OF 4 LOCAL AFFAIRS SHALL PRESENT THE RECOMMENDATIONS OF THE5 ADVISORY COMMITTEE RELATED TO THE DEVELOPMENT OF REGIONAL6 BUILDING CODES ACCOUNTING FOR LOCAL CLIMATIC AND GEOGRAPHIC7 CONDITIONS AND FIRE SUPPRESSION ACTIVITIES , AND IMPROVED8 COORDINATION BETWEEN THE STATE AND LOCAL PERMITTING PROCESS9 ONSITE FOR THE CONSTRUCTION AND INSTALLATION OF FACTORY -BUILT10 STRUCTURES, TO THE SENATE LOCAL GOVERNMENT AND HOUSING11 COMMITTEE AND THE HOUSE TRANSPORTATION , HOUSING, AND LOCAL12 GOVERNMENT COMMITTEE PRIOR TO CONSIDERATION AND ADOPTION BY13 THE STATE HOUSING BOARD. THE DEPARTMENT OF LOCAL AFFAIRS SHALL14 REPORT ON THE OUTCOMES AS PART OF ITS 2031 "SMART ACT" HEARING.15 (3.3) The department shall create for factory-built structures,16 including those that would be considered accessory dwelling units, model17 public safety code requirements related to geographic or climatic18 conditions, such as weight restrictions for roof snow loads, wind shear19 factors, or wildfire risk, for local governments to consider and adopt20 pursuant to section 24-32-3318 (2)(a).21 (4) A NY FUTURE STATEWIDE ADOPTED CODES CONTEMPLATED IN 22 STATUTE MUST BE VETTED TH ROUGH THE ADVISORY COMMITTEE FOR23 CONSIDERATION FOR ADOPTION BY THE BOARD .24 SECTION 8. In Colorado Revised Statutes, 30-28-115, amend25 (3)(b)(I) introductory portion, (3)(b)(I)(A), (3)(b)(I)(B), (3)(b)(II), and26 (3)(b)(III); and add (3)(b)(I.5) and (3)(b)(V) as follows:27 002 -12- 30-28-115. Public welfare to be promoted - legislative1 declaration - construction - definition. (3) (b) (I) No county may have2 or enact zoning regulations, subdivision regulations, or any other3 regulation affecting development, which exclude or have the effect of4 excluding homes OR STRUCTURES from the county that are:5 (A) Homes FACTORY-BUILT STRUCTURES, AS DEFINED IN SECTION6 24-32-3302 (11) AND certified by the division of housing created in7 section 24-32-704 or a party authorized to act on its behalf;8 (B) M ANUFACTURED homes certified by the United States9 department of housing and urban development through its office of10 manufactured housing programs, a successor agency, or a party11 authorized to act on its behalf; or12 (I.5) A COUNTY SHALL NOT IMPOSE MORE RESTRICTIVE13 STANDARDS ON FACTORY-BUILT STRUCTURES THAN THOSE THE COUNTY14 APPLIES TO SITE-BUILT HOMES IN THE SAME RESIDENTIAL ZONES. AS USED15 IN THIS SUBSECTION (3)(b)(I.5), "RESTRICTIVE STANDARDS " MEANS16 ZONING REGULATIONS, SUBDIVISION REGULATIONS, AND ANY OTHER17 REGULATION AFFECTING DEVELOPMENT , INCLUDING STANDARDS RELATED18 TO:19 (A) H OME SIZE OR SECTIONAL REQUIREMENTS ;20 (B) I MPROVEMENT LOCATION ;21 (C) M INIMUM FLOOR SPACE;22 (D) P ERMANENT FOUNDATIONS ;23 (E) S ETBACK STANDARDS; AND24 (F) S IDE-YARD STANDARDS.25 (II) Nothing in this subsection (3) shall prevent PREVENTS a26 county from enacting any zoning, developmental, use, aesthetic, or27 002 -13- historical standard, including, but not limited to, requirements relating to1 permanent foundations, minimum floor space, unit size or sectional2 requirements, and improvement location, side yard, and setback standards3 to the extent that such standards or requirements are applicable to existing4 SIMILAR HOUSING OR STRUCTURES or new SITE-BUILT housing within the5 specific use district of the county.6 (III) Nothing in this subsection (3) shall preclude PRECLUDES any7 county from enacting county building code provisions for unique public8 safety requirements such as snow load roof, wind shear, WILDFIRE RISK,9 and energy conservation factors, unless the home is IT IS A10 FACTORY-BUILT STRUCTURE certified by the division of housing created11 in section 24-32-704 or a party authorized to act on its behalf or A12 MANUFACTURED HOME CERTIFIED BY the United States department of13 housing and urban development through its office of manufactured14 housing programs, a successor agency, or a party authorized to act on its15 behalf. A county must comply with section 24-32-3318 when enacting 16 building code provisions for a manufactured home as defined in section17 24-32-3302 (20) THE REQUIREMENTS ESTABLISHED BY THE DIVISION OF18 HOUSING FOR FACTORY-BUILT STRUCTURES AND THE UNITED STATES19 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR20 MANUFACTURED HOMES .21 22 SECTION 9. In Colorado Revised Statutes, 31-23-301, amend23 (5)(b)(I) introductory portion, (5)(b)(I)(A), (5)(b)(I)(B), (5)(b)(II), and24 (5)(b)(III); and add (5)(b)(I.5) and (6) as follows:25 31-23-301. Grant of power - definition. (5) (b) (I) No26 municipality may have or enact zoning regulations, subdivision27 002 -14- regulations, or any other regulation affecting development that exclude1 or have the effect of excluding homes OR STRUCTURES from the2 municipality that are:3 (A) Homes FACTORY-BUILT STRUCTURES, AS DEFINED IN SECTION4 24-32-3302 (11) AND certified by the division of housing created in5 section 24-32-704 or a party authorized to act on its behalf;6 (B) M ANUFACTURED homes certified by the United States7 department of housing and urban development through its office of8 manufactured housing programs, a successor agency, or a party9 authorized to act on its behalf; or10 (I.5) A MUNICIPALITY SHALL NOT IMPOSE MORE RESTRICTIVE11 STANDARDS ON FACTORY -BUILT STRUCTURES THAN THOSE THE12 MUNICIPALITY APPLIES TO SITE-BUILT HOMES IN THE SAME RESIDENTIAL13 ZONES. AS USED IN THIS SUBSECTION (5)(b)(I.5), "RESTRICTIVE14 STANDARDS" MEANS ZONING REGULATIONS, SUBDIVISION REGULATIONS,15 AND ANY OTHER REGULATION AFFECTING DEVELOPMENT , INCLUDING16 STANDARDS RELATED TO:17 (A) H OME SIZE OR SECTIONAL REQUIREMENTS ; 18 (B) I MPROVEMENT LOCATION ;19 (C) M INIMUM FLOOR SPACE;20 (D) P ERMANENT FOUNDATIONS ;21 (E) S ETBACK STANDARDS; AND22 (F) S IDE-YARD STANDARDS.23 (II) Nothing in this subsection (5) shall prevent PREVENTS a24 municipality from enacting any zoning, developmental, use, aesthetic, or25 historical standard, including, but not limited to, requirements relating to26 permanent foundations, minimum floor space, unit size or sectional27 002 -15- requirements, and improvement location, side yard, and setback standards1 to the extent that such standards or requirements are applicable to existing2 SIMILAR HOUSING OR STRUCTURES or new SITE-BUILT housing within the3 specific use district of the municipality.4 (III) Nothing in this subsection (5) shall preclude PRECLUDES any5 municipality from enacting municipal building code provisions for unique6 public safety requirements such as snow load roof, wind shear, WILDFIRE7 RISK, and energy conservation factors, unless the home is IT IS A8 FACTORY-BUILT STRUCTURE certified by the division of housing created9 in section 24-32-704 or a party authorized to act on its behalf OR A10 MANUFACTURED HOME CERTIFIED BY the United States department of11 housing and urban development through its office of manufactured12 housing programs, a successor agency, or a party authorized to act on its13 behalf. A municipality must comply with section 24-32-3318 when 14 enacting building code provisions for a manufactured home as defined in15 section 24-32-3302 (20) REGULATED BY THE UNITED STATES16 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT , AND IT MUST ALSO17 COMPLY WITH THE REQUIREMENTS ESTABLISHED BY THE DIVISION OF18 HOUSING FOR FACTORY-BUILT STRUCTURES.19 20 SECTION 10. In Colorado Revised Statutes, 24-32-3309, amend21 (1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:22 24-32-3309. Fees - building regulation fund - rules.23 (1) (b) Notwithstanding any provision of this section to the contrary:24 (II) On April 1, 2015, the state treasurer must deduct three25 hundred thousand dollars from the general fund and transfer such sum to26 the fund; and27 002 -16- (III) On July 1, 2016, the state treasurer must deduct two hundred1 thousand dollars from the general fund and transfer such sum to the fund;2 AND3 (IV) O N JULY 1, 2025, THE STATE TREASURER SHALL DEDUCT SIX4 HUNDRED THOUSAND DOLLARS FROM THE INNOVATIVE HOUSING5 INCENTIVE PROGRAM FUND CREATED IN SECTION 24-48.5-132 (5)(a) AND6 TRANSFER THE MONEY TO THE FUND .7 SECTION 11. In Colorado Revised Statutes, amend 24-32-33108 as follows:9 24-32-3310. Local enforcement. (1) Nothing in this part 33 may10 interfere with the right of local governments to enforce local rules11 governing the installation of factory-built housing pursuant to section12 24-32-3318 that bear the insignia of approval issued by the division13 pursuant to section 24-32-3311 (1)(a) if the local rules are not14 inconsistent with state rules adopted pursuant to section 24-32-3305.15 (2) THIS SECTION IS REPEALED, EFFECTIVE ONLY IF THE BOARD16 ADOPTS RULES ESTABLISHING REQUIREMENTS BASED ON THE17 RECOMMENDATIONS OF THE ADVISORY COMMITTEE PURS UANT TO SECTION18 24-32-3305 (3)(c) TO (3)(e), COLORADO REVISED STATUTES. THE BOARD19 SHALL NOTIFY THE REVISOR OF STATUTES IN WRITING OF THE DATE ON20 WHICH THE CONDITION SPECIFIED IN THIS SECTION HAS OCCURRED BY21 EMAILING THE NOTICE TO REVISOROFSTATUTES.GA@COLEG.GOV. THIS22 SECTION IS REPEALED UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE23 BOARD HAS ADOPTED RULES ESTABLISHING REQUIREMENTS BASED ON THE24 RECOMMENDATIONS OF THE ADVISORY COMMITTEE PURS UANT TO SECTION25 24-32-3305 (3)(c) TO (3)(e), COLORADO REVISED STATUTES, OR, IF THE26 NOTICE DOES NOT SPECIFY THAT DATE, UPON THE DATE OF THE NOTICE TO27 002 -17- THE REVISOR OF STATUTES.1 SECTION 12. In Colorado Revised Statutes, 24-32-3311, amend2 (4); and add (7) and (8) as follows:3 24-32-3311. Certification of factory-built structures - rules.4 (4) A factory-built structure bearing an insignia of approval issued by the5 division and affixed by the division or an authorized quality assurance6 representative pursuant to this part 33 is deemed to be designed and7 constructed in compliance with the requirements of all codes and8 standards enacted or adopted by the state and accounting for any local9 government installation requirements adopted in compliance with sections10 24-32-3310 and 24-32-3318 that are applicable to the construction of11 factory-built structures, to the extent that the design and construction12 relates to work performed in a factory or work on a factory-built structure13 that is completed at the installation site as reflected in the approved plans14 for the factory-built structure. The determination by the division of the15 scope of such approval is final. An insignia of approval affixed to the16 factory-built structure does not expire unless the design and construction17 of the factory-built structure has been modified from approved plans.18 (7) (a) T HE ADVISORY COMMITTEE SHALL DEVELOP PROCESSES 19 REQUIRED FOR ELECTRICAL OR PLUMBING CODE COMPLIANCE WHEN20 UNDERTAKING OR COMPLETING THE CONSTRUCTION OR INSTALLATION OF21 A FACTORY-BUILT STRUCTURE.22 (b) A NY FUTURE RENOVATION, ALTERATION, OR REPAIR OF THE 23 FACTORY-BUILT STRUCTURE, INCLUDING ELECTRICAL AND PLUMBING ,24 THAT IS PROPOSED FOLLOWING THE INSTALLATION AT THE SITE IS SUBJECT25 TO ALL CODES AND RULES OF THE APPROPRIATE GOVERNMENTAL26 AGENCIES HAVING JURISDICTION OVER THE STRUCTURE AND IS SUBJECT TO27 002 -18- THE JURISDICTION OF THE STATE ELECTRICAL BOARD OR STATE PLUMBING1 BOARD AND THE CORRESPONDING PROFESSIONAL PRACTICE ACTS OF THOSE2 LICENSED PROFESSIONS. 3 (c) NOTWITHSTANDING ANY OTHER LAW, FACTORY-BUILT4 STRUCTURES CERTIFIED BY THE DIVISION PRIOR TO THE EFFECTIVE DATE5 OF REGIONAL BUILDING CODE STANDARDS ADOPTED PURSUANT SECTION6 24-32-3304 (1)(h) ARE SUBJECT TO ANY STATE OR LOCAL GOVERNMENT7 RULES CONCERNING UNIQUE PUBLIC SAFETY REQUIREMENTS RELATED TO8 GEOGRAPHIC CONDITIONS, SUCH AS WEIGHT RESTRICTIONS FOR ROOF SNOW9 LOADS, WIND SHEAR FACTORS, OR WILDFIRE RISK RELATING TO THE10 CONSTRUCTION AND INSTALLATION OF THE STRUCTURES EXISTING BEFORE11 THE EFFECTIVE DATE OF THE REGIONAL BUILDING CODE STANDARDS .12 (8) THE BOARD SHALL NOTIFY THE REVISOR OF STATUTES IN13 WRITING , BY EMAILING THE NOTICE TO14 REVISOROFSTATUTES.GA@COLEG.GOV, OF THE DATE ON WHICH THE15 BOARD ADOPTS RULES ESTABLISHING REQUIREMENTS BASED ON THE16 RECOMMENDATIONS OF THE ADVISORY COMMI TTEE PURSUANT TO SECTION17 24-32-3305 (3)(c) TO (3)(e).18 SECTION 13. In Colorado Revised Statutes, 24-32-3318, amend19 (1) and (2)(a) as follows:20 24-32-3318. Local installation standards preempted.21 (1) (a) Except as authorized in section 24-32-3329, a local government22 shall not adopt less stringent standards for an installation than those23 promulgated by the division. A local government shall not, without24 express consent by the division, adopt different standards than the25 standards for an installation promulgated by the division.26 (b) THIS SUBSECTION (1) IS REPEALED ONLY IF THE BOARD ADOPTS27 002 -19- RULES ESTABLISHING REQUIREMENTS BASED ON THE RECOMMENDATIONS1 OF THE ADVISORY COMMITTEE PURSUANT TO SECTION 24-32-3305 (3)(c)2 TO (3)(e). THE BOARD SHALL NOTIFY THE REVISOR OF STATUTES IN3 WRITING OF THE DATE ON WHICH THE CONDITION SPECIFIED IN THIS4 SUBSECTION HAS OCCURRED BY EMAILING THE NOTICE TO5 REVISOROFSTATUTES.GA@COLEG.GOV. THIS SUBSECTION (1) IS REPEALED6 UPON THE DATE IDENTIFIED IN THE NOTICE THAT THE BOARD HAS ADOPTED7 RULES ESTABLISHING REQUIREMENTS BASED ON THE RECOMMENDATIONS8 OF THE ADVISORY COMMITTEE PURSUANT TO SECTION 24-32-3305 (3)(c)9 TO (3)(e), OR, IF THE NOTICE DOES NOT SPECIFY THAT DATE , UPON THE10 DATE OF THE NOTICE TO THE REVISOR OF STATUTES .11 (2) (a) Nothing in this section prohibits a local government from12 enacting standards for tiny homes, mobile homes or modular homes13 concerning unique public safety requirements related to geographic or14 climatic conditions, such as weight restrictions for roof snow loads, wind15 shear factors, or wildfire risk, as otherwise permitted by law.16 17 SECTION 14. In Colorado Revised Statutes, 24-75-402, add18 (5)(lll) as follows:19 24-75-402. Cash funds - limit on uncommitted reserves -20 reduction in the amount of fees - exclusions - definitions.21 Notwithstanding any provision of this section to the contrary, the22 following cash funds are excluded from the limitations in this section: 23 (lll) T HE BUILDING REGULATION FUND CREATED IN SECTION 24 24-32-3309 (1)(a)(III).25 SECTION 15. In Colorado Revised Statutes, 24-32-3311, amend26 (6) as follows: 27 002 -20- 24-32-3311. Certification of factory-built structures - rules.1 (6) All work at the installation site that is unrelated to the installation of2 a factory-built structure or unrelated to completing construction of a3 factory-built structure at the installation site as reflected in the approved4 plans for the factory-built structure, including additions, modifications,5 and repairs to a factory-built structure, SUCH AS A FOUNDATION SYSTEM 6 AND ANY SITE-BUILT COMPONENT THAT IS CONNECTED TO THE7 FACTORY-BUILT STRUCTURE LIKE A GARAGE OR DECK , is subject to8 applicable local government rules.9 SECTION 16. In Colorado Revised Statutes, 24-32-3315, amend10 (3), (4), and (5) as follows: 11 24-32-3315. Installers of manufactured homes and tiny homes12 - registration - fees - educational requirements - rules. (3) A person13 applying for registration or certification as an installer OR ON BEHALF OF 14 A BUSINESS ENTITY TO PERFORM INSTALLATIONS , whether an initial or15 renewal application, must submit the application on a form provided by16 the division and verified by a declaration dated and signed by the17 applicant under penalty of perjury. The application must contain, in18 addition to any other information the division may reasonably require, the19 name, address, e-mail EMAIL address, and telephone number of the20 applicant. The division shall make the application and declaration21 available for public inspection.22 (4) In order to be registered initially as an installer OR TO HAVE A 23 BUSINESS ENTITY REGISTERED TO PERFORM INSTALLATIONS , an applicant24 must:25 (5) A registration issued pursuant to this section is valid for one26 year from the date of issuance and cannot be transferred or assigned to27 002 -21- another person OR BUSINESS ENTITY. The amount of the registration fee1 must be no more than two hundred fifty dollars. If any of the application2 information for the registered installer changes after the issuance of a3 registration, the registered installer must notify the division in writing4 within thirty days from the date of the change. The division may suspend,5 revoke, or deny renewal of a registration if the registered installer fails to6 notify the division of any change in the application.7 SECTION 17. Appropriation. For the 2025-26 state fiscal year,8 $182,264 is appropriated to the department of local affairs for use by the9 division of housing. This appropriation is from the building regulation10 fund created in section 24-32-3309 (1)(a)(III), C.R.S., and is based on an11 assumption that the division will require an additional 1.0 FTE. To12 implement this act, the division may use this appropriation for13 manufactured buildings program.14 SECTION 18. Effective Date. (1) Except as otherwise provided15 in this section, this act takes effect upon passage. 16 (2) Section 24-32-3311 (4), amended in section 12 of this act, and17 section 24-32-3311 (7), enacted in section 12 of this act, take effect only18 if the revisor of statutes receives notice pursuant to 24-32-3311 (8),19 enacted in section 12 of this act. Section 24-32-3311 (4) and (7) take20 effect upon the date identified in such notice, or, if the notice does not21 specify that date, upon the date of the notice to the revisor of statutes.22 SECTION 19. Safety clause. The general assembly finds,23 determines, and declares that this act is necessary for the immediate24 preservation of the public peace, health, or safety or for appropriations for25 the support and maintenance of the departments of the state and state26 institutions.27 002 -22-