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 code as cited in SCHEDULE "B" as the "Colorado Construction Safety Code for Factory Built Housing", 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 to or editions of the nationally recognized code; 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. 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 permit(s) and inspection(s) to verify code compliance.
“AUTHORIZED INSPECTION AGENCY” means the Division of Housing or any state agency, 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, approve factory built model construction plans, and/or factory-built installation instructions. Authorized Inspection Agencies will be “Registered” based on qualifications and “Certified” based on qualifications and performance.
“CONSTRUCTION, CLOSED” means any building, building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture cannot be inspected before installation at the building site without disassembly, damage, or destruction. “CONSTRUCTION, OPEN” means any building, 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. Local jurisdictions have the approval authority for Open Construction.
"FACTORY-BUILT HOUSING" is a unit or component built in compliance to the applicable of codes listed in Schedule “B” . These units are designed primarily for residential occupancy, either permanent or temporary (as determined by the local building department), which is wholly or in substantial part, made, fabricated, formed or assembled as Closed Construction in a manufacturing facility for installation, or assembly and installation, on permanent or temporary foundations 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.
“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. "PROHIBITED SALE NOTICE" means a printed notification issued by the Division of Housing for a structure providing that the unit may not be sold or offered for sale because of nonconformance(s) with §24-32-Part 33 C.R.S., as amended and these regulations. “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. "A RED TAG NOTICE" is a physical identification that a particular unit has a life threatening violation as set forth in §24-32-3302 (14). Units with life threatening deviations shall not be sold or offered for sale 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 an 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, which 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 This program is open on a voluntary basis to all Division approved independent Authorized Inspection Agencies with the capabilities to regulate the design and in-plant 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 an 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 in-plant certifications and other in-plant 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. APPROVED 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, which may be necessary to allow them to agree to the above items. Manufacturers are required to be inspected by their contracted independent Plan Review and/or In-Plant Authorized Inspection Agency when approved by the Division.
Manufacturers Any manufacturer of Factory Built Housing products that are 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 that is not the Division of Housing - 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, in-plant production inspections, to evaluate their plant’s quality control procedures, approve manufacturer engineering manuals, approve plant construction plans, and/or installation instructions.
- Out of state manufacturers are required to obtain the services of an Authorized Inspection Agency to perform certifications, in-plant production inspections, to evaluate the plant’s quality control procedures, and may use the Authorized Inspection Agency to approve manufacturer engineering manuals, approve plant construction plans, and/or installation instructions. - 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, plans, and installation instructions before manufacturing 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 20-days, or forfeit the right to have Division of Housing labels affixed.
- All manufacturers must provide the Division of Housing with a monthly inspection report showing the Authorized Inspection Agency and 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 home from the factory. Manufacturer Registration, Certification, and Performance Requirements Manufacturers of Factory Built Housing which 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 manufacturer having Division of Housing certification shall notify the Division of Housing 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 granted to a manufacturer’s registered plant, based on adequate plant production performance, for a specific location, and is not transferable to other locations. Plant certification is a certification of the plant Quality Control QC) program and the quality control personnel that ensures construction code compliance. 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 plan submittal 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. Additionally, 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. Upon completion of certification inspections, a letter recommending plant certification and a copy of the certification inspection report shall be faxed by the Authorized Inspection Agency to the Division of Housing with a copy to the manufacturer. Upon receipt of this report, the Division of Housing will review it for completeness and accuracy. The manufacturer can then ship the certification unit(s) to Colorado for field inspection by the Division of Housing. After field inspection, the Division of Housing will notify the manufacturer if the unit has passed inspection and if the plant is certified or not certified. 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.
- Where a plant has had Division of Housing and/or Authorized Inspection Agency labels removed by the Authorized Inspection Agency pursuant to the Division of Housing procedures. - Less than six Colorado certified factory-built homes produced 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 manufacturer may have their Division of Housing certification status revoked. In accordance with C.R.S. 24-32-3307, the State Director of Housing may pursue injunctive relief against manufacturers that fail to construct homes 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 Plant Certification status runs concurrent with the plant 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. This shall be complied with regardless of when plans are approved or homes shipped. Failure to comply with this requirement shall result in the loss of Certified status for the plant. When a licensed professional stamps and signs plans or calculations, the same professional or the agency the professional works for, may not review and approve the plans for construction. 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, approve plans, and/or approve installation instructions 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 they seek approval. - A statement by the agency that it will adhere to all the requirements of the Division of Housing. - An explanation of the agencies plan review, plant certification, and/or inspection procedures, including copies of the quality assurance and other inspection reports. - A copy of the agencies ICC, IAS, or other Division approved accreditation certificate as required. - A copy of the Colorado professional Engineer or Architect certification for an 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 as required. - Agree 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 which 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.
- 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 have the following requirements. 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.
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 they can perform within their approvals. If after three consecutive inspections, the last inspection still indicates that the manufacturer is not able to perform within their approvals or standards, all remaining insignias paid for by the manufacturer will be returned to the Division of Housing and no further insignias issued until problems are resolved. The Authorized Inspection Agency shall notify the Division of Housing of the action(s) taken.
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(s) 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 homes 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 homes 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 an interpretation to resolve the code dispute to all parties. 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. 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.
All applications submitted shall be signed by an officer of the manufacturer that is in a responsible position with the authority to commit manufacturers to comply with the rules and regulations that govern the Colorado Factory Built Housing 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 shall 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, which are 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.
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 will conduct an investigation to ensure the code compliance of the homes built to the changed plans.
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. Section 6: PLANT/PLAN/QUALITY CONTROL REGISTRATION/CERTIFICATION EXPIRATION DATE The plant registration period is one year. Plant Certification status runs concurrent with the plant 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 registration/certification expiration date as the quality control manual. It shall be the responsibility of the manufacturer to submit to the Division of Housing or Authorized Inspection Agency an application for plant registration and 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 the manufacturing or offering for sale of 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 are not refundable. At the time of initial registration and upon each request to renew registration, all manufacturers must submit a copy of I. R. S. Form W-9 (request for taxpayer identification number and certification) to the Division of Housing.
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 Prohibited Sale Notice/Red Tag Notice.
Prohibited Sale Notice When a unit is posted with a Prohibited Sale 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 prohibited sale issues with the agency that posted the unit. - A unit posted with a Prohibited Sale Notice, shall not be sold or offered for sale 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 parties status. - All units posted with a Prohibited Sale 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.
Red Tag Notice A Red Tag Notice is a physical identification that a particular unit has a life threatening violation. When a unit is posted with a Red Tag Notice, the Division of Housing or the Authorized Inspection Agency inspector will notify the affected parties that the unit contains a life threatening violation(s). The affected parties must resolve the Red Tag issue(s) with the agency that posted the unit. - A unit posted with a Red Tag Notice shall not be sold or offered for sale in the State of Colorado. - All units that are corrected shall be reinspected to assure compliance with the codes and regulations. A reinspection fee will be assessed.
Prohibited Sale Notices/Red Tag Notices 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, as a condition of registration, certification, or re-certification, 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 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 or Certified Authorized Inspection Agency and affixed to each unit upon final inspection approval by the Division or Authorized Inspection Agency.
Insignias for certified manufacturers will be mailed 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 the first section of a 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, 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 or copies of forms supplied by the Division of Housing. An insignia report is required when the manufacturer has insignias outstanding during that period. Manufacturers are also required to provide the Division of Housing a copy of their monthly production report. Corrected or delinquent insignia reports may be 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 legibly 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. SCHEDULE "A" FEE SCHEDULE All fees, except inspection and oversight fees, are due in advance and must accompany the application. Fees shall not be subject to refund.
. ..Primary insignia $100.00 . ..Additional Floor Tags $100.00 5. Supplemental plan check $0.10 per sq. ft. ($50 fee (revisions, duplicate min.)
. Note: Fee for revisions to .
. A. - Plant certification $350.00 per inspector per inspection fee: trip . B. - Oversight/AC $230.00 per inspector per inspection fee: trip.
. C. - Special inspection .
. In-State: $50.00 per hour, .
. Out of-State: $50.00 .
. D. - Prohibited Sale/Red $250.00 Tag fee:
SCHEDULE "B"
The State Housing Board adopts the following nationally recognized codes as the "Colorado Construction Safety Code for Factory-Built Housing".
Factory-Built Housing Construction Code of the State of Colorado Shall be:
1. The International Building Code, 2006 Edition, published by the International Code Council, Inc.
2. The International Residential Code, 2006 Edition, published by the International Code Council, Inc.
3. The International Mechanical Code, 2006 Edition, published by the International Code Council, Inc.
4. The International Plumbing Code, 2006 Edition, published by the International Code Council, Inc.
5. The National Electric Code, 2008 Edition, published by the National Fire Protection Association, Inc.
6. The International Fuel Gas Code, 2006 Edition, published by the International Code Council, Inc.
7. The International Energy Conservation Code, 2006 Edition, published by the International Code Council, Inc. effective until June 30, 2010.
8. The International Energy Conservation Code, 2009 Edition, published by the International Code Council, Inc. effective July 1, 2010.
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: INTERNATIONAL BUILDING CODE:
Section 310, R-3, Add new sentence at the end:
A single building or structure where 5 or less adults sleep at any time (commercial worker housing) may comply with the International Residential Code as a dwelling provided there is no mixed occupancy and there is permanently affixed signage in the immediate vicinity of sleeping rooms that states “No more than 5-adults may sleep at any time in this building” .
Section 901.5.1 Add the following Section:
Special inspector required. All fire protection systems required by this Chapter shall be inspected and approved by a special inspector. The inspector shall be an employee of the fire department having jurisdiction or another qualified individual with prior approval of the Colorado Division of Fire Safety. Inspections and approvals will be regulated under Chapter 17 of this Code. Section 907, Amend title to: “Single and multiple station alarms” and add subsections:
907.2.10.5 Carbon monoxide alarms. In new construction, dwelling units within which fuel-fired appliances are installed or have an attached garage, shall be provided with an approved carbon monoxide alarm installed outside of each separate sleeping area within 15 feet of the bedroom(s) access.
907.2.10.5.1 Alarm requirements. The required carbon monoxide alarms shall be clearly audible in all bedrooms over normal background noise levels with doors closed. Single station carbon monoxide alarms shall be listed as complying with UL 2034 and shall be installed in accordance with this code and the manufacturer’s installation instructions.
UL 2034 2008 Standard for Single and Multiple Station Carbon Monoxide Alarms 907.2.10.6 Separate circuits prohibited. Smoke and/or Carbon Monoxide alarms shall not be installed on a circuit dedicated only for Smoke and/or Carbon Monoxide alarms. Section 1507.1.1, Ice Dam Membrane Required is amended to read: Ice dam protection is required where stated throughout Section 1507 due to a history of ice forming along eaves in Colorado. Regardless of roof slope or material, when the snow load is above sixty five pounds per square foot (65lb./sq.ft.), roofing underlayment shall be two layers of Type 15 felt applied shingle fashion and solid mopped together with approved cementing material between the plies, or 40 mil listed self adhering roofing membrane and shall be installed extending from the eave up the roof to a point 8 feet 6 inches inside the exterior wall line of the building and shall extend continuously to a point 4 feet from any valley, cricket or similar construction junctions with roofs. The ice dam membrane shall extend up vertical construction junctions such as dormer walls a minimum of twelve (12) inches prior to the installation of flashing and roof covering.
Section 1608.2, Ground Snow Load is amended to read:
Roof Snow Load (Pf) design criteria shall be in accordance with the local jurisdiction requirements. The minimum roof snow load shall be 30 PSF and the allowable increase for snow duration shall not be used when the snow load is above 65 PSF.
Section 1609.1.1. Add the Following:
Wind Load design criteria shall be in accordance with the local jurisdiction requirements. The minimum Wind load design criteria shall be 90 MPH, Exposure C, unless otherwise justified. Section 2111.1.1. New Fireplaces – Add the following section: Every new fireplace shall have permanently installed one of the following:
1. Approved gas logs.
2. Other approved gas or alcohol specific appliances.
3. An approved fireplace insert meeting the most stringent emission standards for wood stoves established under State statute and/or regulations promulgated by the State Air Quality Control Commission (AQCC) as of the time of installation of the fireplace; or 4. A solid fuel burning device which is exempt from and not eligible for certification under U.S. Environmental Agency (U.S. EPA) regulations for wood stoves but which has been tested to demonstrate its emission performance is in accordance with criteria and procedures not less stringent than those required by the U.S. EPA and/or AQCC for wood stoves manufactured after July 1, 1990.
INTERNATIONAL RESIDENTIAL CODE:
Section R202 – 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. Section R105.2, Work exempt from permit. Building:
Item #1. Change 120 square feet to 200 square feet Table R301.5 – Live Loads …add footnote (j) to Decks, Exterior balconies, Fire escapes:
UL 2034 2008 Standard for Single and Multiple Station Carbon Monoxide Alarms R313.2 Add new sentence at the very end:
Smoke and/or Carbon Monoxide alarms shall not be installed on a circuit dedicated only for Smoke and/or Carbon Monoxide alarms.
Section R802.10 Wood trusses.
…add new section:
Section R1004.4, G2406.2 exception 3 and 4, G2425.8 #7, G2445; Delete all and add: Unvented fuel fired room heaters are prohibited.
Section R1004.5 – Fireplaces …add:
Chapter 11 – ENERGY EFFICIENCY Replacement Date:
On July 1, 2010 the entire chapter is to be deleted and replaced with Chapter 11 of the 2009 International Residential Code.
…add new sentence:
N1101.1 Scope. An approved “Zero-Energy Building” is exempt from the provisions of this Chapter 11. Section M2001.1 - Installation …is amended to add the following sentence:
Electrical Sections Delete Chapters 33 through 42.
INTERNATIONAL FUEL GAS CODE:
Section 303.3 Prohibited locations.
…Add Item:
Section 406.4.1 Test pressure.
…amend to read:
Unvented fuel fired room heaters are prohibited.
INTERNATIONAL PLUMBING CODE:
The following Appendix Chapters to the International Plumbing Code, 2006 Edition, are hereby adopted. Appendix Chapter D – Degree Day and Design Temperatures for Cities in the United States. Appendix Chapter E – Sizing of water piping systems.
No other appendix chapters are adopted.
INTERNATIONAL MECHANICAL CODE:
Add the following Sections – Section 303.3.1 LPG appliance.
Every new installation of a solid fuel-burning, vented decorative appliance or room heater shall meet the most stringent emission standards for woodstoves established under State statute and/or regulations promulgated by the State Air Quality Control Commission as of the time of installation of the appliance for room heater. (Effective January 1, 1991 – CC90-617.) Section 903.3 …is amended to read as follows:
Unvented gas log heaters are prohibited.
INTERNATIONAL ENERGY CONSERVATION CODE Section 101.2.1 Exempt 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. NATIONAL ELECTRIC CODE:
The following amendments by addition, deletion, revision and exceptions are made to the National Electrical Code, 2008 Edition, for use with all Factory Built units:
1. Article 406.8(C), (1) Shower or Bathroom space. Receptacle outlet shall not be installed in or within 30 inch (762 mm) of a shower or bathtub base.
2. Article 545, Manufactured Buildings, is amended to include: 545.14. Testing.
Exception 2: Units wired in Electrical Metallic Tubing or Rigid Metal Conduit.
These tests shall be performed after branch circuits are complete and after wiring devices are installed and wiring properly terminated.
3. Article 320.23(A). Add a new sentence at the end:
Substantial guard strips shall be provided to protect wiring within three (3) feet of the marriage line where the attic is exposed and the roof is completed on-site, such as a hinged roof. See Article 320.23(A) ATTACHMENT "A"
DEGREE DAYS AND DESIGN TEMPERATURES FOR COLORADO CITIES AND TOWNS . . . Design Temperatures °F . . Heating Winter . Location Degree Days 97½ % 1 Alamosa 8749 -16 2 Aspen 9922 -1 3 Boulder 5554 2* 4 Buena Vista 8003 -1 5 Burlington 6320 2 6 Canon City 4987 8 7 Cheyenne Wells 5925 1 8 Colorado Springs 6415 2
Degrees North Latitude may be obtained at www.ncdc.noaa.gov/fpsf.html * Per Local. 8° per 1985 ASHRAE DEGREE DAYS AND DESIGN TEMPERATURES FOR COLORADO CITIES AND TOWNS . . . Design Temperatures °F . . Heating Winter . Location Degree Days 97½ % 20 Ft. Collins 6368 -4 21 Ft. Morgan 6460 -5 22 Fraser 9777 -22 23 Glenwood Springs 7313 5 24 Granby 9316 - 25 Grand Junction 5548 7 26 Greeley 6306 -5 27 Gunnison 10516 -17 28 Holyoke 6583 -2 29 Idaho Springs 8094 0 30 Julesburg 6447 -3 31 Kit Carson 6372 -1 32 Kremmling 10095 -19 33 La Junta 5263 3 34 Lamar 5414 0 35 Last Chance ------ -2 36 Leadville 11500 -4 37 Limon 6961 0 38 Longmont 6443 -2 39 Meeker 8658 -6 40 Montrose 6383 7 41 Ouray 7639 7 Data taken from Department of Energy (Rescheck 4.1.3), Climate Data published by Rocky Mountain Chapter ASHRAE, First Edition-Centennial 1976, 1985 ASHRAE Fundamentals Handbook (See 2006 IPC appendix D).
Degrees North Latitude may be obtained at www.ncdc.noaa.gov/fpsf.html DEGREE DAYS AND DESIGN TEMPERATURES FOR COLORADO CITIES AND TOWNS . . . Design Temperatures °F . . Heating Winter . Location Degree Days 97½ % 42 Pagosa Springs 8548 -9 43 Pueblo 5413 0 44 Rangely 7328 -8 45 Rifle 6881 0 46 Saguache 8781 -3 47 Salida 7355 -3 48 San Luis 8759 -10 49 Silverton 11064 -13 50 Springfield 5167 3 51 Steamboat Springs 9779 -16 52 Sterling 6541 -2 53 Trinidad 5339 3 54 Uravan ------ 8 55 Vail 9248 -14 56 Walden 10378 -17 57 Walsenburg 5438 1 58 Wray 6160 -1 59 Yuma 5890 -2 Data taken from Department of Energy (Rescheck 4.1.3), Climate Data published by Rocky Mountain Chapter ASHRAE, First Edition-Centennial 1976, 1985 ASHRAE Fundamentals Handbook (See 2006 IPC appendix D).
Degrees North Latitude may be obtained at www.ncdc.noaa.gov/fpsf.html _____________________________________________________ Editor’s Notes History Entire Rule eff. 07/30/2009.