8 CCR 1302-12
DEPARTMENT OF LOCAL AFFAIRS Division of Housing RESOLUTION #34 - FACTORY BUILT HOUSING 8 CCR 1302-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ BE IT RESOLVED BY THE STATE HOUSING BOARD OF THE STATE OF COLORADO; THAT PURSUANT TO §24-32-3301 et seq C.R.S. as amended, the State Housing Board of the State of Colorado (the Housing Board) repeals and readopts Resolution #34 Factory Built Housing; and THAT PURSUANT TO §24-32-3301 et seq C.R.S. as amended, the Housing Board adopts the nationally recognized codes as cited in SCHEDULE "B" as the "Colorado Construction Safety Code for Factory Built Structures"; and THAT PURSUANT TO §24-32-3301 et seq C.R.S. as amended, the Housing Board states the basis and purpose of these rule changes is to update the current minimum construction and safety code for “Factory Built Housing” manufactured, sold, offered for sale, or occupied in Colorado; and THAT PURSUANT TO §24-32-3301 et seq C.R.S. as amended, the Housing Board establishes standards, to the extent allowed by the state constitution, Article 50 of the “State Personnel System Act” , and the rules promulgated by the Personnel Board, for private inspection and certification entities to perform the Colorado Division of Housing’s certification and inspection of in-state and out-of-state Factory Built Housing; and THAT PURSUANT TO §24-32-3301 et seq C.R.S. as amended, the Housing Board states that “Factory Built Housing” manufacturers shall have the option to contract with the Colorado Division of Housing or an authorized inspection agency to perform inspection and certification functions; and The Housing Board states that these rules do not include later amendments of the nationally recognized codes; and The Housing Board repeals and readopts these rules and regulations to be administered and enforced by the Colorado Division of Housing (the Division of Housing.) RULES AND REGULATIONS Section 1: SCOPE Every Factory-Built Housing Unit manufactured after the effective date of these regulations that is manufactured, sold, offered for sale, or occupied in this state must display an insignia issued by the Division of Housing certifying that the unit is constructed in compliance with the standards adopted in SCHEDULE"B" which is incorporated herein and made a part of these Rules and Regulations by reference, and all other requirements set forth by this resolution. Code of Colorado Regulations 1 The Housing Board states that the Program Manager, Housing Technology and Standards Section, Colorado Division of Housing, 1313 Sherman Street, Room 321, Denver, Colorado 80203, will provide information regarding how the codes adopted in SCHEDULE “B" may be obtained or examined. Homes constructed under SCHEDULE “B” do not include units built to the Federal Manufactured Home Construction and Safety Standards (HUD Standards.) Incorporated material may also be examined at any state publications depository library.
Section 2: DEFINITIONS “ADMINISTRATIVE AGENCY” is the Colorado Division of Housing. The Division of Housing is the state agency responsible for enforcing the Factory-Built Housing Construction Statutes, Rules, and Regulations.
“ALTERNATIVE CONSTRUCTION (AC)” is specific additional construction and/or modification of the factory-built structure that directly affects the life, health, safety, and/or habitability of the structure and is not covered by the factory-built or installation certification insignias and requires building permits and inspection(s) to verify code compliance.
“AUTHORIZED INSPECTION AGENCY” means the Division of Housing or any state agency, Colorado local jurisdiction, firm, corporation or entity approved by the Division of Housing to conduct production inspections, to evaluate the manufacturer’s quality control procedures, approve manufacturer’s engineering manuals, and approve factory-built model construction plans. Authorized Inspection Agencies doing plan review will be “Registered” based on qualifications and “Certified” based on qualifications and performance.
“CABINET” means an enclosure which typically houses equipment or materials and is not designed, built, modified, and/or used with the intent for individuals to enter. “CONSTRUCTION, OPEN” means any building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture can be readily inspected at the building site without disassembly, damage, or destruction. i.e., panelized construction assembled on site. Note: Assembled rooms or spaces, panels with finishes applied to both sides and electrical wiring in conduit are not open construction.
"FACTORY-BUILT HOUSING" is a residential unit or component thereof, built in compliance to the applicable codes listed in SCHEDULE “B” . These units are designed primarily for residential occupancy and are wholly or in substantial part, made, fabricated, formed or assembled in a manufacturing facility for installation, or assembly and installation, on a permanent foundation at the building site. "INSIGNIA" means a seal, label or tag issued by the Division of Housing to indicate compliance in the manufacture of a unit with the regulations established by the Housing Board when affixed to a Unit in conformance with this Resolution.
"INTERIM CHANGE" is a change made between the approval date and the expiration date. “MANUFACTURER” means any person who constructs or assembles a manufactured residential or nonresidential structure in a factory or other off-site location. Manufacturers will be “Registered” based on the qualifications of quality control and “Certified” based on the performance of quality control. "MODEL" is a specific design of factory-built units designed by the manufacturer, which is based on size, floor plan, method of construction, location arrangement and sizing of plumbing, mechanical or electrical equipment and systems therein in accordance with plans submitted to the Division of Housing. “OCCUPIED” means a factory-built structure designed, built, modified, and/or used with the intent for individuals to enter.
Code of Colorado Regulations 2 “PRODUCTION INSPECTION” means the evaluation of the ability of the manufacturing facility to follow approved plans, standards, codes and Quality Control procedures during continuing production. “QUALITY CONTROL PROCEDURES” means procedures prepared by a manufacturer for each of its manufacturing facilities and approved by the Division of Housing or Authorized Inspection Agency describing the method that the manufacturer uses to assure units produced by that manufacturer are in conformance with the applicable standards, codes, Quality Control procedures and approved plans. ” NON-COMPLIANCE/RED TAG NOTICE” is a physical identification that a particular unit has a violation of these rules and regulations. Units posted with this notice cannot be sold, offered for sale or have occupancy in Colorado.
“UNIT” means a factory-built house that shall comply with these rules and regulations. Section 3: PROGRAM PARTICIPANTS Other States This program is open on a voluntary basis to all states with statutory authority to regulate the design and construction of Factory Built Housing covered by this Division of Housing Resolution. Each state that wishes to participate in this program recognizes that they must enter into a memorandum of understanding with Colorado to establish mutual recognition and acceptance of codes and inspections. Areas of agreement include:
- Acceptance of construction codes that are adopted by the State of Colorado Housing Board for Factory Built Housing units sold into or offered for sale in Colorado. (See SCHEDULE “B” in this Resolution.)
- Acceptance of the design evaluation and approval performed by the Division of Housing or authorized inspection agency for units sold into or offered for sale in Colorado. - Performance of plant certifications and other inspection requirements. Routine inspections include performing inspections of at least one (1) unit in each phase of manufacturing and performing a minimum of a rough, final and other inspections and/or tests (as required in SCHEDULE “B” ) when a production line process is not being utilized. Also to place the manufacturer on a higher frequency of inspection when it is unable to conform, on a continuing basis, to approved Quality Control procedures and or approved plans and standards. - Evaluation, at the manufacturing facility, of code compliance problems resulting from consumer complaints on labeled Colorado units; work with the manufacturer(s) in resolving such complaints by adequately following up and assisting them in correcting the complaint issue(s), and their production and/or inspection process.
- Provide sixty (60) days notice before withdrawing from participation in the program, thereby allowing a manufacturer sufficient time to obtain a new Authorized Inspection Agency. Participating states operating under an existing state factory-built housing law have the option to act as the authorized inspection agency within their state. They are not required to change any of their state fees, laws, or regulations other than those changes that may be necessary to allow them to agree to the above items. Manufacturers are required to be inspected by their host state when this state agrees to perform inspections on Colorado units.
Independent Authorized Inspection Agencies Code of Colorado Regulations 3 This program is open on a voluntary basis to all Division approved Independent Authorized Inspection Agencies with the capabilities to regulate the design and construction of Factory Built Housing covered by this Division of Housing Resolution.
Each independent Authorized Inspection Agency that wishes to participate in this program recognizes that they must be approved by the Division and establish mutual recognition and acceptance of codes and inspections. Areas of agreement include:
- Acceptance of construction codes that are adopted by the State of Colorado Housing Board for Factory Built Housing units sold into or offered for sale in Colorado. (See SCHEDULE “B” in this Resolution.)
- Acceptance of the design evaluation and approval performed by the Division of Housing or authorized inspection agency for units sold into or offered for sale in Colorado. - Acceptance and use of the Division of Housing “Performance Criteria for Monitoring the In-Plant Quality Control Systems of Factory Built Plants” for in-plant inspection agencies. - Acceptance and use of the Division of Housing “Performance Criteria for Factory Built Plan Review and Approval” standards for plan review agencies.
- Performance of plant certifications and other inspection requirements. Routine inspections include performing inspections of at least one (1) unit in each phase of manufacturing and performing a minimum of a rough, final and other inspections and/or tests (as required in SCHEDULE “B” ) when a production line process is not being utilized. Also to place the manufacturer on a higher frequency of inspection when it is unable to conform, on a continuing basis, to approved Quality Control procedures and or approved plans and standards. - Performance of inspection requirements. Routine inspections include performing inspections of at least a minimum of a rough, final and/or other inspections and/or tests of Alternative Construction. Also to notify the Division when a manufacturer is unable to conform, on a continuing basis, to approved plans, standards, and/or make appropriate corrections to construction code compliance issues.
- Evaluation at the manufacturing facility of code compliance problems resulting from consumer complaints on labeled Colorado units; work with the manufacturer(s) in resolving such complaints by adequately following-up and assisting them in correcting the complaint issue(s) and their production and/or inspection process.
- Provide sixty (60) days notice before withdrawing from participation in the program, thereby allowing a manufacturer sufficient time to obtain a new Authorized Inspection Agency. Participating independent inspection agencies operating under an existing contract with a manufacturer or local jurisdiction will act as the sole authorized inspection agency for that plant and/or local jurisdiction. They are not required to change any of their company policies other than those changes that may be necessary to allow them to agree to the above items. Manufacturers are required to be inspected by their contracted independent Authorized Inspection Agency when approved by the Division. Manufacturers Any manufacturer of Factory Built Housing products that are manufactured in, sold into, offered for sale, and/or occupied in Colorado shall participate in this program and agree to comply with the following: - All manufacturing facilities may have only one Authorized Inspection Agency for plan review and one Authorized Inspection Agency for inspections other than the Division of Housing. Code of Colorado Regulations 4 - All in-state manufacturers shall have the option to contract with an Authorized Inspection Agency or continue to use the Division of Housing as the Authorized Inspection Agency to perform certifications and in-plant production inspections, to evaluate their plant’s Quality Control procedures, approve manufacturer engineering manuals and installation instructions and/or approve plant construction plans. Specific models may have approval through other states with a Factory Built Housing program or the federal government provided the Division of Housing accepts the other entity’s program and the manufacturer follows all requirements for that entity. - Out of state manufacturers are required to obtain the services of an Authorized Inspection Agency to perform certifications and in-plant production inspections, to evaluate the plant’s Quality Control procedures, and may use an approved Authorized Inspection Agency to approve manufacturer engineering manuals, installation instructions and/or approve plant construction plans. - Out of state manufacturers located in states that have reciprocity or other agreements with the Division of Housing shall be notified if the state in which they are located will continue to inspect Colorado units or if they have to obtain the services of a firm or corporation to perform certification and in plant production inspections of Colorado units.
- After notification that the state in which they are located will no longer inspect Colorado units, manufacturers have (60) days to obtain another Authorized Inspection Agency. - Out-of-state manufacturers without existing plant certifications and located in states that enter into an agreement with Colorado to inspect Colorado units, shall use that state as the Authorized Inspection Agency to perform certifications, in-plant production inspections and evaluations of their Quality Control procedures.
- All manufacturers shall obtain prior approval from the Division of Housing or Authorized Inspection Agency for all Quality Control manuals and plans before manufacturing units and affixing the Colorado and Authorized Inspection Agency label(s) to units constructed under those approvals. - All manufacturers shall allow and pay for the reasonable costs incurred by the Division of Housing for work related to retaining and evaluating their performance and registration/certification status. - All manufacturers shall allow and pay for oversight inspections as required by the Division of Housing or Authorized Inspection Agency to assure compliance to the approved designs. - All manufacturers shall permit Division of Housing or Authorized Inspection Agency monitoring personnel to review plans and to perform in-plant inspections. - All manufacturers shall correct any code violations in plans discovered by the Division of Housing or by the Authorized Inspection Agency monitoring personnel, or forfeit the right to have Division of Housing and Authorized Inspection Agency labels affixed. - All manufacturers shall correct any construction code violations within twenty (20) days or forfeit the right to have Division of Housing labels affixed.
- All certified manufacturers must provide the Division of Housing with a monthly insignia report showing the date of manufacture, the Division of Housing label number(s), unit serial number(s), and the first destination of shipped units.
- All manufacturers shall submit a fully completed and legible oversight inspection data sheet to the Division prior to shipment of the unit from the factory. Manufacturer Registration, Certification, and Performance Requirements Code of Colorado Regulations 5 Manufacturers of Factory Built Housing that are manufactured, sold into, offered for sale, and/or occupied in the State of Colorado must register with the Division of Housing. Registrations are for a specific plant location, and are not transferable to any other locations including those of the same manufacturer. Where there is a change in ownership, address, or location of manufacture, the Division of Housing- certified manufacturer shall notify the Division within ten (10) working days of such a change. At such time the Division of Housing shall review the performance of the manufacturer and transfer or revoke the certification.
Plant certification is a certification of the plant Quality Control (QC) program and the Quality Control personnel that ensure construction code compliance. Plant certification is also based on product grading using “Performance Criteria for Monitoring Manufacturers and Third Party Inspection Agencies.” Certification is for a specific plant location, and is not transferable to other locations. The Division shall be immediately notified of any changes to the QC program and/or personnel. The manufacturer’s Quality Control department shall do “no cover” inspections for all phases of construction on all units and witness all required tests, regardless of plant status. At the time of plant registration, all manufacturers are required to have Division of Housing approval, in writing, of the state, firm, corporation or entity that will conduct the certification and in-plant inspections of Colorado units. Manufacturers are also required to request approval of the Division of Housing thirty (30) days prior to any subsequent change of their Authorized Inspection Agency. Upon Division of Housing approval of the Authorized Inspection Agency for production inspections, approved copies of the plans and quality assurance manual shall be sent to the manufacturer. Upon the manufacturer’s receipt of the approved plans and manual, the Authorized Inspection Agency shall schedule plant production oversight inspections.
Registered plants shall be inspected for certification approval on an ongoing basis. Out-of-state manufacturers can ship units to Colorado for field certification inspection by the Division of Housing. Upon completion of certification inspections, a letter recommending plant certification and a copy of the certification inspection report shall be sent by the Authorized Inspection Agency to the Division of Housing with a copy to the manufacturer. The Division of Housing will then review the submitted certification inspection report for completeness and accuracy, and review the quality scoring based on the field inspections for certification. The Division of Housing will notify the manufacturer if certification is granted. Manufacturers are required to construct, on a continuing basis, Factory Built Housing in conformance with plans, Quality Control manual, codes, standards, and procedures prepared by them and approved by the Division of Housing or Authorized Inspection Agency. The certification of a plant is considered to be ongoing unless conditions warrant immediate removal of the certification. Conditions for removal of certification are:
- The change of an Authorized Inspection Agency or change in Authorized Inspection Agency status. - The change of a plant location.
- The plant has had Division of Housing and/or Authorized Inspection Agency labels removed by the Authorized Inspection Agency pursuant to Division of Housing procedures. - The plant has produced less than five Colorado certified Factory Built Housing Units in a calendar year. Manufacturers demonstrating that they cannot perform within their approvals shall be placed on a higher frequency of inspection until their performance improves. If their performance does not improve, the Division of Housing may revoke their certification.
Code of Colorado Regulations 6 In accordance with C.R.S. 24-32-3307, the State Director of Housing may pursue injunctive relief against manufacturers that fail to construct units in accordance with their approved plans and Quality Control manual, fail to correct code violations, fail to comply with C.R.S. 24-32-Part 33, or fail to comply with these rules.
Manufacturer Certification Status The initial plant certification will last until the end of the current plant registration period. The ongoing plant certification period is one year. Each manufacturer is required to resubmit its Quality Control manual (and when applicable, plans) for approval prior to the registration/certification expiration date that is stamped on the Quality Control manual. This Quality Control manual resubmission is required regardless of when plans are approved or units shipped. Failure to comply with this requirement shall result in the plant having to comply with the initial registration/certification inspection requirements. Section 4: AUTHORIZED INSPECTION AGENCIES Authorized Inspection Agency Approval All manufacturers that use an Authorized Inspection Agency to perform production inspections, evaluate Quality Control procedures, approve engineering manuals, and/or approve plans, shall have such agency, other than states, request approval from the Division of Housing as an authorized inspection agency for the State of Colorado. Request from firms, corporations or other entities shall contain the following minimum requirements:
- Name and address of agency making application.
- Categories for which agency seeks approval.
- A list of key personnel, with resumes, indicating their primary functions or duties. - The number of years the agency has actively engaged in the business for which it seeks approval. - A statement by the agency that it will adhere to all the requirements of the Division of Housing. - An explanation of the agency plan review, plant certification, and/or inspection procedures, including copies of the quality assurance and other inspection reports. - A copy of the agency’s ICC IAS or other Division approved accreditation certificate as required. - A copy of the Colorado professional Engineer or Architect certification for any employee that will be responsible for plan review and approval work as required. - A copy of the Colorado professional license and/or International Code Council (ICC) inspector certifications for all personnel that will be performing in-plant inspections as required. - Agreement to furnish any other information that the Division of Housing may deem necessary in order to properly evaluate and grant approval.
- A statement that the submitting firm, corporation or entity is independent and does not have any actual or potential conflict of interest and is not affiliated with, influenced by, or controlled by any present or potential client manufacturer in any manner that might effect its capacity to render service or reports of findings objectively and without bias.
- The request must contain the signature of a responsible officer, owner, or partner of the submitting agency.
Code of Colorado Regulations 7 - A list of the factory built housing manufacturers that are currently inspected. Authorized Inspection Agencies may only work in the specific categories for which the Division of Housing has granted approval in writing.
Authorized Inspection Agency Qualifications An Authorized Inspection Agency shall meet the following qualifications. Any exceptions shall have prior approval by the Division of Housing.
- States - Must have existing statutory authority to regulate the design and construction of Factory Built Housing.
The structure will be inspected to the approved plans, except where the plans are not specific, and then the inspection shall be to the standards. The Authorized Inspection Agency will also monitor the plant personnel performing the construction, testing, and inspections. An Authorized Inspection Agency, when a plant is not certified, shall conduct at a minimum a rough, final, and other inspections as required per code (see SCHEDULE “B” ) for all units manufactured. After the Division approves certified status for a plant, a minimum of one (1) phase of construction for each unit being produced for Colorado shall be inspected by the Authorized Inspection Agency. In the course of each visit, the inspector shall also make a complete inspection of every phase of the production, systems testing, and of every unit in production as well as a random sampling of finished product on site.
Whenever the Authorized Inspection Agency finds that a manufacturer is unwilling or unable to conform on a continuing basis to the approved Quality Control procedures, and/or approved plans or standards, that manufacturing facility shall be placed on a higher frequency of inspection. The Division of Housing shall be notified and the certification labels held until the manufacturer demonstrates that it can perform within its approved standards. If after three consecutive inspections, the last inspection still indicates that the manufacturer is not able to perform within standards, all remaining insignias paid for by the manufacturer will be returned to the Division of Housing and the manufacturer will be returned to full recertification inspection status.
Code of Colorado Regulations 8 Additional information, such as increased frequency and routine quality assurance inspection reports, will be requested by the Division of Housing in order to review the inspections conducted on specific units. The Authorized Inspection Agency is required to provide its own inspection label so that it, also, can be affixed adjacent to the Colorado certification label to each unit shipped to Colorado. Division of Housing Monitoring of Authorized Inspection Agencies The performance of all Authorized Inspection Agencies shall be monitored by Division of Housing to determine if they are fulfilling their responsibilities as required under this program. The monitoring activities carried out by the Division of Housing staff shall consist of: - Performing oversight inspections on housing units that are shipped to Colorado. The purpose of these certification and other inspections are to evaluate the performance of the manufacturer and inspection agency in ensuring the selected units comply with approved plans and construction codes.
- Reviewing all records of interpretations of the standards made by the Authorized Inspection Agency to determine whether they are consistent and proper.
- Reviewing inspection reports, records and other documents to assure that Authorized Inspection Agencies are carrying out all their responsibilities as set forth in the Division of Housing requirements.
- Reviewing records to assure that the Authorized Inspection Agency is maintaining proper label control and records pursuant to the requirements of this program. Frequency of Monitoring An approved Authorized Inspection Agency shall be periodically monitored. Every aspect of all actions of the Authorized Inspection Agencies shall be reviewed at a frequency adequate to assure that they are performing consistently to the Division of Housing requirements. Resolution of Code Interpretation Conflicts The Division of Housing will, upon written request, investigate complaints related to adopted construction code interpretation and enforcement. A written request must identify the Authorized Inspection Agency, the location of the structure(s) in question, the nature of the dispute, the code section reference, and all involved parties with contact information. Upon receipt of the request, the Division will contact all parties for a written response to the issues. After any necessary follow up, the Division will issue to all parties an interpretation to resolve the code dispute. The Division’s interpretation may be appealed to the Colorado State Housing Board Technical Advisory Committee. The decision of the committee is final. Section 5: MANUFACTURER APPLICATION AND PLAN SUBMITTAL All manufacturers shall obtain prior approval of each set of designs from the Division of Housing or Authorized Inspection Agency before manufacturing and affixing the Colorado and Authorized Inspection Agency label(s) to unit(s) constructed under those plans. Code of Colorado Regulations 9 Applications to the Division shall be made on forms supplied by the Division of Housing and shall be accompanied by the appropriate fees from SCHEDULE "A" which is incorporated herein and made a part of these Rules and Regulations by reference.
Submittal for approval of Quality Control manuals and model plans shall meet or exceed the minimum requirements as specified by the Division of Housing.
Construction that will be completed on site shall be clearly denoted on the plans for determination of the model as an “AC” unit. The manufacturer shall follow the Division of Housing “Alternative Construction Procedures” when the model is determined to be “AC.” Determination of a model as “AC” may happen during plan approval or after plan approval.
All applications submitted shall list an officer of the manufacturer that is in a responsible position with the authority to commit the manufacturer to comply with the rules and regulations that govern the Colorado Factory Built Construction Program.
The Division of Housing will grant or deny approval within twenty (20) working days of the receipt of a complete submittal with the appropriate fee and with the required number of copies. If a submittal is not completed within one hundred twenty days of the initial application date, the application shall expire and all fees shall be forfeited. Expired applications must be resubmitted as new applications with new application forms, submittals and fees.
Approved plans and Quality Control manuals shall be evidenced by the stamp of approval of the Division of Housing or Authorized Inspection Agency. One approved copy shall be returned to the manufacturer and be retained at the place of manufacture. An approved copy shall be retained by the approving agency. Authorized Inspection Agencies shall send an additional approved copy to be kept on file with the Division of Housing. Interim changes, additions, or deletions will not be acceptable without prior approval of the agency that originally approved the plans.
All units manufactured, sold, or offered for sale in the State of Colorado must display the Division of Housing and Authorized Inspection Agency insignias if applicable. These insignias certify that the unit is constructed in compliance with applicable codes and regulations adopted by the State Housing Board. The granting of plan approval shall not be construed to be a permit or approval of any violation of the provisions of these regulations. All structures shall be subject to Division of Housing or Authorized Inspection Agency field inspection. The approval of the plans shall not prevent the Division of Housing or the Authorized Inspection Agency from requiring the correction of errors found in the plans or the unit itself, when found in violation of these regulations.
Approved copies of the Quality Control manual and plans shall be kept on file within the plant of manufacture for the purpose of construction and inspection by Division of Housing inspectors or the Approved Inspection Agency.
Plan approvals are granted to a manufacturer for a specific plant location and are not transferable to other locations including those of the same manufacturer.
Interim plan change approvals shall be required where the manufacturer proposes a change in structural, plumbing, heating, electrical, and/or fire life safety systems. Such changes shall become part of the approved plan unless the Division of Housing determines that the change constitutes a new model. If determined a new model, the interim change shall be processed as a new application. The difference in fees will be assessed.
Code of Colorado Regulations 10 The Division will approve unchanged plan renewals, previously approved by the Division, provided there has been no change in adopted codes and the plant General Manager certifies in writing that the plans are identical to those previously approved. The “Supplemental Plan Check Fee” will apply. Should it be determined by the Division that plan changes have been made, the manufacturer will be subject to a Red Tag fee for every unit built to the changed plans, and the Division may complete additional inspections to ensure the code compliance of the units built.
When amendments to these regulations require changes to be made to an approved plan, the Division of Housing shall notify the manufacturer of the requirement and shall allow the manufacturer a reasonable time to submit revised plans for approval. Revised plans shall be processed as interim changes with the appropriate fees assessed.
Some building departments require a set of prints with the Colorado approval stamp. This can be addressed by requesting that additional prints be approved and provided to the Division at the time of original application. Appropriate fees must accompany requests for more than three approved plan sets. The Division will provide a Plan Submittal Checklist upon request. Authorized Inspection Agency Plan Approval Manufacturers may, at their expense, use an Authorized Inspection Agency that has been approved by the Division for plan review and approval. Reference Section 4 of these Rules and Regulations. When a licensed professional stamps and signs plans or calculations, the same professional or the agency for which the professional works for may not review and approve the plans for construction. Section 6: PLANT/PLAN/QUALITY CONTROL REGISTRATION/CERTIFICATION EXPIRATION DATE The plant registration period is one year. Plant certification status runs concurrent with the registration period. Each manufacturer is required to resubmit their Quality Control manual (and when applicable, plans) for approval prior to the registration/certification expiration date that is stamped on the Quality Control manual. Failure to comply with this requirement shall result in the plant having to comply with the initial registration/certification inspection requirements. The registration/certification expiration date for all plants is determined by the expiration date that is stamped on the Quality Control manual. Plans that are submitted at the time of registration/certification and/or within the registration/certification period shall have the same expiration date as the Quality Control manual. It shall be the responsibility of the manufacturer to submit to the Division of Housing the Quality Control manual approval thirty (30) days prior to the expiration date. Section 7: PLANT PRODUCTION AND INSPECTION FEES The Division of Housing and/or the Authorized Inspection Agency shall conduct certification and production inspections of all manufacturers engaged in manufacturing or offering for sale Factory-Built Housing Units in the State of Colorado. This inspection shall include the quality control program and systems testing.
- The fees for Division of Housing inspections are shown in SCHEDULE "A". - The cost of Division of Housing inspections is not refundable. Section 8: POSTED UNITS Whenever an inspection reveals that a unit fails to comply with any provision of these rules and regulations, the Division of Housing or the Authorized Inspection Agency may post such a unit with a “Non-Compliance/Red Tag Notice.”
Code of Colorado Regulations 11 When a unit is posted with a “Non-Compliance/Red Tag Notice” , the Division of Housing or the Authorized Inspection Agency will notify the affected parties that the structure contains a violation(s). The affected parties must resolve the issues with the agency that posted the notice. - A unit posted with a “Non-Compliance/ Red Tag Notice” shall not be sold, offered for sale or have occupancy in the State of Colorado, nor shall the unit be moved or caused to be moved without the prior written approval of the Division of Housing or Authorized Inspection Agency. - Within five (5) working days, the affected parties or their agents shall notify, in writing, the Division of Housing or the Authorized Inspection Agency of the action taken to correct the violation(s) and what steps have been taken by management to preclude the recurrence of the violation(s). Failure to respond within five (5) days may cause revocation of an affected party’s status. - All units posted with a “Non-Compliance/Red Tag Notice” shall be corrected or removed from the state (with prior written approval of the Division of Housing or Authorized Inspection Agency). All units that are corrected shall be reinspected to assure compliance with the codes and regulations. A reinspection fee will be assessed.
A “Non-Compliance/Red Tag Notice” shall be removed only by an authorized representative of the Division of Housing or Authorized Inspection Agency.
Section 9: REVOCATION OF PLANT CERTIFICATIONS The Housing Board may revoke a plant certification after notice and hearing pursuant to Section 24-4-104 & 24-4-105, C.R.S. whenever a manufacturer has violated any provision of these regulations or when a plant certification was granted in error, on the basis of incorrect information supplied by the applicant. Judicial review of plant certification revocation actions shall be governed by Section 24- 4-106, C.R.S. Section 10: DENIAL OF PLANT REGISTRATION/CERTIFICATION The Division of Housing may deny an application for plant registration, certification, or re-certification if an applicant manufactures any unit in violation of approved plans or these rules and regulations. In addition, the Division of Housing may impose any of the following conditions for registration, certification, or re- certification:
- Revision of the manufacturer's Quality Control Program. - Identification by model and serial number of each unit to be offered for sale in Colorado. - Inspection of each unit prior to affixing certification insignias. - Inspection of the manufacturer's plant (with the cost of inspection borne by the manufacturer). - Resolution of previous violations and/or unpaid fees. - Any combination of above or other action as determined necessary to insure future compliance with these regulations.
The Division shall promptly notify the applicant of the denial or condition imposed. The applicant may, within sixty (60) days following such action, request a hearing before the Housing Board. If requested, a hearing shall be conducted pursuant to Section 24-4-105, C.R.S. Thereafter, the final decision of the Housing Board shall be subject to judicial review in accordance with Section 24 4 106, C.R.S. Section 11: CERTIFICATION INSIGNIA APPLICATION AND REPORTS Code of Colorado Regulations 12 Registered (non-certified) and certified manufacturers must submit an application for Colorado insignias on forms provided by the Division of Housing with the appropriate fees from SCHEDULE "A." Insignias for registered manufacturers will be held by the Division of Housing and affixed to each unit upon final inspection approval by the Division.
Insignias for certified manufacturers will be sent to the manufacturer and shall be affixed to Colorado certified units upon final approval by the manufacturer’s Quality Control manager. Insignias are assigned for use at a specific plant location and shall not be transferable or used on an unapproved model. Colorado certification insignias issued for one type of certification may not be used on a unit of another (different) type. A 3"x5 " primary insignia, documenting manufacturer and unit design information, is required for each home. Each additional habitable floor section requires a 2" x2" “Additional Floor Tag” insignia.
The primary Insignia must be permanently affixed inside the kitchen sink cabinet or inside the vanity cabinet if there is no kitchen sink, prior to units being removed from a Certified plant. Additional Floor Tag insignias are to be permanently affixed and located directly under the primary insignia. The manufacturer shall legibly stamp the unit serial number, date of manufacture, wind design speed, roof design load, seismic zone, and construction codes on the primary insignia. Insignia reports shall be submitted by the manufacturer to the Division of Housing by the first of each month on forms supplied by the Division of Housing. An insignia report is required when the manufacturer has insignias outstanding during that period.
Manufacturers are required to provide upon request from the Division of Housing a copy of their monthly production report.
All insignia reports are required prior to the issuance of additional insignias. Primary Insignias are to be affixed in consecutive order. Colorado insignias shall remain the property of the State of Colorado and may be confiscated by the Division of Housing upon any violation of this resolution. Defaced, marked in error, or voided insignias shall be returned to the Division of Housing without refund. Colorado insignias shall be stored in a safe and secure location approved by the Division or Authorized Inspection Agency.
A Notification of Oversite Inspection Data Sheet form shall be completed and submitted to the Division of Housing prior to the shipment of every Colorado unit.
Factory Built Structures shall not be modified, prior to or during, installation at a site without approval from the Division of Housing.
Section 12: IRREGULARITIES Any and all irregularities in these Rules and Regulations shall not be justification for producing any unit without proper inspections and in violation of the adopted construction codes. 11/13/2012 ATTEST:
Code of Colorado Regulations 13 _________________________ _________________________ Pat Coyle, Director Theo Gregory, Chairperson Colorado Division of Housing Colorado State Housing Board _________________________ _________________________ Date Date SCHEDULE "A" FEE SCHEDULE All fees, except certain inspection fees, are due in advance and must accompany the application. Fees shall not be subject to refund. One week notice is required to schedule inspections. Inspections obviously not ready for inspection or inspections canceled within 48 hours of the scheduled inspection may be subject to re-inspection fees.
1. Annual Plant registration fee: $500.00 2. Annual Inspection Agency registration fee: $250.00 3. Plan checking fees (maximum 3-sets): Finished space $0.25 per sq. ft. ($160 min.) Unfinished space $0.10 per sq. ft.
4. Certification insignia fee: Primary Insignia $100.00 Additional Floor Tag $100.00 Inspection only Tag $100.00 5. Supplemental plan check fee (revisions, duplicate sets etc.): $0.10 per sq. ft. ($50 min.) Note: Fee for revisions to be calculated based on space revised.
6. Oversight plan check fee: $0.15 per sq. ft. ($100 min.) 7. Waiver of fees for Government Assisted Housing; with State Housing Board concurrence, the Division of Housing may waive plan review and unit certification fees for units to be subsidized under local, state or federal housing programs for low-income households.
8. Inspection fees:
The State Housing Board adopts the following nationally recognized codes as the "Colorado Construction Safety Code for Factory-Built Structures." Copies of the adopted codes are available for public inspection during regular business hours at the Division of Housing, Codes and Technology Section, 1313 Sherman St., Suite 321, Denver, Colorado, 80203. For further information regarding how this material can be obtained contact the Program Director at 1313 Sherman Street, Suite 321, Denver, Colorado, 80203, (303) 866-4656.
Colorado Construction Safety Code for Factory-Built Structures. Shall be:
1. The International Building Code, 2012 Edition, published by the International Code Council, Inc.
2. The International Residential Code, 2012 Edition, published by the International Code Council, Inc.
3. The International Mechanical Code, 2012 Edition, published by the International Code Council, Inc.
4. The International Plumbing Code, 2012 Edition, published by the International Code Council, Inc.
5. The National Electric Code, published by the National Fire Protection Association, Inc. Edition as adopted by the State of Colorado Electrical Board at the time of plan submittal. Transition period of 90 days applies.
6. The International Fuel Gas Code, 2012 Edition, published by the International Code Council, Inc.
7. The International Energy Conservation Code, 2012 Edition, published by the International Code Council, Inc.
Transition Period: Manufacturers shall be permitted to use the construction codes in effect prior to the adoption of this resolution for a maximum of 90-days after this resolution takes effect. AMENDMENTS:
The following amendments by addition, deletion, revision and exceptions are made: Wording in italics is as read per code. (See code book)
INTERNATIONAL BUILDING CODE:
Section 105.2 Work exempt from permit, add the following exemptions prior to “Building:” Equipment Enclosures:
A building component, assembly or system constructed in the factory as open construction (See definitions).
Code of Colorado Regulations 15 The above exemptions from approval thru the state factory built program shall not be deemed to grant any exemption from local jurisdiction requirements or state electrical or plumbing requirements. The above exemptions do not grant authorization for any work to be done in a manner in violation of the provisions of the adopted codes (SCHEDULE “B” .)
Section 901.2 Fire Protection systems: Add the following new section:
Section 907.2.11.4, Power source. Revise as shown.
Section 908.7, Carbon monoxide alarms. Add sentence as shown Group I or R occupancies located in a building containing a fuel-burning appliance or in a building which has an attached garage shall be equipped with single-station carbon monoxide alarms. The carbon monoxide alarms shall be listed as complying with UL 2034 and be installed and maintained in accordance with NFPA 720 and the manufacturer’s instructions.” Carbon monoxide alarms shall be installed outside of each separate sleeping area within 15 feet of the entrance of the bedroom(s). “An open parking garage,....” Add new section:
Section 1608.2. Ground snow loads. is amended to read:
Section 1609.3 and 1609.4. Basic wind speed, Exposure category. Code of Colorado Regulations 16 The 3 second gust basic wind speed shall be in accordance with the local jurisdiction requirements. For jurisdictions that have adopted a building code edition prior to the 2012 the basic wind speed of that jurisdiction shall be multiplied by 1.20 for Risk category I structures, 1.29 for Risk category II structures and 1.38 for Risk category III and IV structures to obtain Vult. The design wind speed Vult shall not be less than the minimum basic wind speeds as follows: Risk category as determined by Table 1604.5 Risk category I structures- 105 MPH Risk category II structures- 115 MPH Risk category III and IV structures-120 MPH The Exposure category shall be C, unless otherwise justified. Add the following new section:
INTERNATIONAL RESIDENTIAL CODE:
TABLE R301.2(1 ) IS AMENDED TO READ:
(1) The roof snow load, wind design, and seismic zone shall be in accordance with the local jurisdiction requirements and shall not be less than the minimums stated. The allowable increase for snow duration shall not be used when the snow load is above 65 PSF.
(2) See Attachment A and verify with local jurisdiction.
(3) See the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32o Fahrenheit)” at www.ncdc.noaa.gov/fpsf.html.
Table R301.5 – Live Loads Code of Colorado Regulations 17 ...add footnote (j) to Decks, Exterior balconies, Fire escapes:
(j) When the snow load is above 65 psf, the minimum uniformly distributed live loads for exterior balconies, decks and fire escapes shall be as required for roof snow loads.
Section R302.2 Townhouses. Each townhouse shall be considered a separate building and shall be separated by fire-resistance-rated wall assemblies meeting the requirements of section R302.1 for exterior walls.
Section R302.2.4 Structural independence. .........
Section R313. Automatic Fire Sprinkler Systems Delete this Section and replace with the following:
Section R314.4, Power source. Revise as shown.
Section R315.1 Carbon monoxide alarms. Revise as shown. For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area within 15 feet of the entrance to the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages. Section R802.10 Wood trusses. Add the following new section R802.10.5 Marking. Each truss shall be legibly branded, marked, or otherwise have permanently affixed thereto the truss identification as shown on the truss design drawing located within two (2) feet of the peak of the truss on the face of the top chord. Section R905.1 – Roof Covering Application. Add the following section R905.1.1 Ice Barrier Required.
Code of Colorado Regulations 18 An ice barrier is required, where stated throughout Section R905, due to a history of ice forming along eaves in Colorado. An ice dam protection underlayment that consists of at least two layers of underlayment cemented together or of a self-adhering polymer-modified bitumen sheet shall extend from the eave’s edge to a point at least 24 inches inside the exterior wall line of the building.
Section R1004.4, G2406.2 exception 3 and 4, G2425.8 #7, G2445; Delete all and add: Unvented fuel fired room heaters and unvented fuel fired fireplaces are prohibited. Add the following new sections:
Chapter 11 ENERGY EFFICIENCY: Delete in it’s entirety.
Section M2001.1 Installation and G2452 Boilers -add the following sentence: All rooms or spaces containing boilers shall be provided with a floor drain and trap primer. Section G2417.4.1 Test pressure-revise as follows:
Code of Colorado Regulations 19 Electrical Sections:
INTERNATIONAL FUEL GAS CODE:
Section 303.3 Prohibited locations: add item:
The test pressure for valves and connections to appliances shall not exceed 0.5 psig (3kPa). INTERNATIONAL PLUMBING CODE:
Adopt the following:
Appendix Chapter E - Sizing of water piping systems.
Chapter 13 Gray water recycling.
INTERNATIONAL MECHANICAL CODE:
Section 303.3.1 LPG appliance: add the following new section LPG appliances shall not be installed in a pit, basement or crawl space where unburned fuel may accumulate unless an approved sensing device is installed in conjunction with an automatic shutoff valve located where the gas enters the structure. Section 903.1 General: add additional sentence:
Code of Colorado Regulations 20 Delete this entire section.
INTERNATIONAL ENERGY CONSERVATION CODE Section C101.5 and R101.5 Compliance Residential buildings shall meet the provisions of the 2012 IECC--Residential provisions. Commercial buildings shall meet the provisions of the 2012 IECC—Commercial Provisions. Exception: Where the location the factory-built structure is to be permanently set is known and the local jurisdiction has adopted an earlier version of the energy code which is less restrictive than the 2012 IECC, or where no code has been adopted that regulates the design of buildings for effective energy use, the structure may comply with the 2009 IECC. Section C101.5.2 and R101.5.2 Low energy buildings; add exemption
Section 202 – Definitions: add definition ZERO-ENERGY BUILDING. A building with zero net energy consumption and zero carbon emissions annually as certified by an approved annual energy use analysis. Add new Section C101.5.3 Semi heated buildings.
NATIONAL ELECTRIC CODE:
The following amendments are made to the National Electrical Code for use with all Factory Built units: Any conflicts that may arise between these amendments and a future State adopted edition of the National Electrical Code shall be resolved by applying the specific amended provisions of the 2011 edition.
Add the following new article Article 406.9(C)-(1) Shower or Bathroom space.
These tests shall be performed after branch circuits are complete and after wiring devices are installed and wiring properly terminated.
Article 320.23(A). Cables Run Across the Top of Floor Joists/Rafters Add a new sentence at the end:
. Location Heating 97 ½ % DB 2 ½ % WB 2 ½ % Elevation Degree (feet) above Days sea 1 Alamosa 8749 -16 82 61 7546 2 Aspen 9922 -1 81 59 7928 3 Boulder 5554 2* 91 63 5385 4 Buena 8003 -1 83 58 7954 Vista 5 Burlington 6320 2 95 70 4165 6 Canon City 4987 8 90 64 5343 7 Cheyenne 5925 1 97 70 4250 Wells 8 Colorado 6415 2 88 62 6012 Springs 9 Cortez 6667 5 88 63 6177 10 Craig 8403 -14 86 61 6280 11 Creede 11375 -18 80 58 8842 12 Del Norte 7980 -4 81 60 7884 13 Delta 5927 6 95 62 4961 14 Denver 6020 1 91 63 5283 15 Dillon 11218 -16 77 58 9065 16 Dove 7401 -6 86 63 6843 Creek 17 Durango 6911 4 87 63 6550 18 Eagle 8106 -11 87 62 6600 19 Estes Park 7944 -7 79 58 7525 HDD data taken from Department of Energy (Rescheck 4.4.2), Climate Data published by Rocky Mountain Chapter ASHRAE, First Edition-Centennial 1976, 1985 ASHRAE Fundamentals Handbook (See 2012 IPC appendix D).
Degrees North Latitude may be obtained at www.ncdc.noaa.gov/fpsf.html * Per Local. 8° per 1985 ASHRAE Code of Colorado Regulations 23 DEGREE DAYS AND DESIGN TEMPERATURES FOR COLORADO CITIES AND TOWNS . . . Design Design Design .
Degrees North Latitude may be obtained at www.ncdc.noaa.gov/fpsf.html Code of Colorado Regulations 24 DEGREE DAYS AND DESIGN TEMPERATURES FOR COLORADO CITIES AND TOWNS . . . Design Design Design .
Degrees North Latitude may be obtained at www.ncdc.noaa.gov/fpsf.html _________________________________________________________________________ Editor’s Notes History Entire rule eff. 07/30/2009.
Entire rule eff. 01/01/2013.
Code of Colorado Regulations 25