8 CCR 1302-14
DEPARTMENT OF LOCAL AFFAIRS NON-RESIDENTIAL AND RESIDENTIAL FACTORY-BUILT STRUCTURES AND TINY HOMES; SELLERS OF MANUFACTURED HOMES AND TINY HOMES; MANUFACTURED HOME, TINY HOME, AND MULTI-FAMILY STRUCTURE INSTALLATIONS; FOUNDATION SYSTEMS FOR MANUFACTURED HOMES, TINY HOMES, AND FACTORY-BUILT STRUCTURES WHERE NO STANDARDS EXIST; AND HOTELS, MOTELS, AND MULTI-FAMILY STRUCTURES IN THOSE AREAS OF THE STATE WHERE NO STANDARDS EXIST 8 CCR 1302-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Rule 1. Definitions.
In addition to the definitions provided in section 24-32-3302, C.R.S., the following definitions apply to these rules:
1.1 “Authorized quality assurance representative” as defined in section 24-32-3302(1), C.R.S., means a “third party agency” (defined in Rule 1.30 below) approved by the Division of Housing.
1.2 “Alternative Construction” or “AC” has been replaced with “On-site Construction (OC)” in Rule 1.19 .This definition has been left in since there are number of forms and documents circulating with this legacy term.
1.3 “Authority Having Jurisdiction” or “AHJ” means the local government’s building department with oversight over where the structure is to be located.
1.4 “Built-for-Purpose Trailer” means a vehicle trailer that is built to serve as a construction platform for a tiny home and has: a Vehicle Identification Number (VIN), a Gross Vehicle Weight Rating (GVWR), and is capable of sustaining and moving a tiny home.
1.5 “Certificate of Occupancy” means a certificate issued by the Division of Housing stating at the time of issuance the structure was built in compliance with all applicable codes and construction standards adopted by the State Housing Board. It only applies to motels, hotels, and multi-family structures in those areas of the state where no such standards exist.
1.6 “Certified Inspector” means one of the following individuals authorized by the Division of Housing:
1.6.1 An “independent contractor” as defined pursuant to section 24-32-3302(15), C.R.S., that is authorized by the Division of Housing to perform or enforce installation inspections, 1.6.2 An employee of a “state” or “firm” as used in the definition of a “quality assurance representative” pursuant to section 24-32-3302(30), C.R.S., and further defined in Rule
1.6.3 A Colorado licensed engineer that is authorized by the Division of Housing to perform an On-site Construction inspection and oversight manufacturer inspection.
1.7 “Closed Panel System” means a building component or assembly built off-site that may include electrical, plumbing, mechanical, or insulation with finishes applied to both sides and then transported to be erected on-site to complete a residential or nonresidential building.
1.8 “Conflict of Interest” means when there is personal or private interest(s) sufficient to influence or appear to influence the proper exercise of duties or responsibilities.
1.9 “Direct On-site Supervision” as used in section 24-32-3315(1)(b)(I), C.R.S., means the registered or certified installer must be present at the installation “site” as defined by section 24-32- 3302(33), C.R.S., and readily available to properly supervise installation work as defined by section 24-32-3302(16), C.R.S., that is performed by an employee not registered or certified as an installer.
1.10 “Down payment(s)” as used in section 24-32-3325(2)(b), C.R.S, and rules 5.2, 5.3, 5.8, and 5.9, means all money given by a purchaser to a seller for the purchase of a manufactured home or tiny home before the manufactured home or tiny home is delivered.
1.11 “Factory-built” means the construction of nonresidential structures or residential structures (modular homes, tiny homes, or multi-family structures) that occurs at an offsite location (e.g. manufacturing plant, small business space or school workshop, or private barn), separate from the site where the structure is to be installed.
1.12 “Firm” as used in the definition of an “independent contractor” pursuant to section 24-32- 3302(15), C.R.S., and in the definition of a “quality assurance representative” pursuant to section 24-32-3302(30), C.R.S., means a “third party agency” (defined in Rule 1.30 below).
1.13 “HUD-code Home” means a manufactured home constructed in compliance with the “National Manufactured Housing Construction and Safety Standards Act of 1974”, 42 U.S.C. sec. 5401 et seq., and any standard promulgated by the Secretary of the U.S. Department of Housing and Urban Development (HUD) pursuant to that federal act.
1.14 “Individual” as used in the definition of an “independent contractor” pursuant to section 24-32- 3302(15), C.R.S., means a Colorado licensed professional engineer (PE) or architect authorized by the Division of Housing to perform or enforce installation inspections.
1.15 “Insignia” means a seal, label, or tag issued by the Division of Housing that when permanently affixed to a structure confirms compliance as one of the following:
1.15.1 An “insignia of approval” pursuant to sections 24-32-3303(1)(c), 24-32-3310, 24-32- 3311(a), 24-32-3311(a.5), 24-32-3311(1)(b), 24-32-3311(4), 24-32-3311(5), C.R.S., issued by the Division of Housing or an “authorized quality assurance representative” pursuant to sections 24-32-3302(1), 24-32-3303(1)(c), 24-32-3304(1)(e), 24-32- 3311(1)(a), 24-32-3311(1)(b), 24-32-3311(4), and 24-32-3311(5), C.R.S., verifies that a factory built structure is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the state and accounts for any local government installation requirements.
1.15.2 A “certificate of installation” as defined pursuant to section 24-32-3302(3), C.R.S., and issued by the Division of Housing or a party authorized by the Division of Housing, verifies compliance with the installation standards established by the State Housing Board in Rule 2.12 through 2.14 of these rules.
1.16 “Installation Authorization” pursuant to sections 24-32-3317(1), 24-32-3317(2), and 24-32- 3317(4), C.R.S., means a Division of Housing approved form posted on the site of an installation, located beyond the authority of a “participating jurisdiction” as defined in Rule 1.18, verifying that the home owner or registered installer has made application with the Division of Housing to install a manufactured home or a tiny home and has received authorization to install it, or that the home will be installed by a certified installer who has automatic authorization to do so under their certified status.
1.17 “Multi-family structure(s)” means a structure containing at least three independent dwelling units within an International Building Code (IBC) Group R-2, R-3, or R-4 building or within an International Residential Code (IRC) Townhouse building. Such buildings are limited to apartments, condominiums, live work units, vacation time shares, and other similar uses with independent dwelling units where the building is used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied or that are occupied for living purposes.
1.18 “Occupancy” or “Occupied” means a factory-built structure, manufactured home, or tiny home designed, built, modified, or used with the intent for individuals to enter.
1.19 “On-site Construction” or “OC” means on-site construction or modification of the factory-built structure that directly relates to the durability, quality, and safety; that is completed at the installation “site” as defined by section 24-32-3302(33), C.R.S.; using components not installed at the manufacturer’s location; and to complete the compliance of that structure as reflected in the Division of Housing approved plans. These items do not include the component(s) required for setting and securing the structure for its installation.
1.20 “Open Construction” 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, but rather a “closed panel system” as defined pursuant to Rule 1.7.
1.21 “Participating Jurisdiction” means a “local government” as defined pursuant to section 24-32- 3302(18), C.R.S., which has agreed to administer and inspect manufactured housing installations within the legal boundaries of the jurisdiction and in compliance with the manufactured home, multi-family, and tiny home installation standards established by the State Housing Board in rules
2.12 through 2.14 of these rules.
1.22 “Permanent Foundation” as defined in section 24-32-3302(26.5) C.R.S, is further defined to account for point loads of the structure to the ground, prevent lateral movement and overturning of the structure, and provide frost protection. Local government building departments are responsible for design review and approval of permanent foundations. For areas of the state without a local government building department, the Division of Housing will review and approve permanent foundations designed by a Colorado licensed design professional.
1.23 “Plan” means a specific design for the construction of a structure submitted by the manufacturer to the Division of Housing for review and approval that typically includes a floor plan, elevation drawings, structural pages, electrical circuit layouts, recommended foundation drawings, mechanical drawings, plumbing isometrics, cross section drawings, an energy code compliance report, heat load calculations, and the engineering calculations.
1.24 “Quality Control Procedures” means procedures prepared by a manufacturer for each of its manufacturing facilities and approved by the Division of Housing or “third party agency” (defined in Rule 1.30. below) describing the method that the manufacturer uses to assure structures produced by that manufacturer are in conformance with the applicable standards, codes, and approved plans.
1.25 “Red Tag Notice” means a physical identification posted visibly on a particular structure indicating that it is in violation of applicable state statutes, federal law, or these rules. A structure posted with this notice cannot be sold, offered for sale, nor have occupancy in Colorado.
1.26 “Remote Inspection” means a production inspection performed where the inspector is in a location other than the location where the structure is being manufactured using a computer having an internet or cellular connection to communicate with a manufacturer’s representative responsible for quality control. The manufacturer’s representative responsible for quality control shall utilize a smart device (cell phone, tablet, etc.). The inspection must be performed in “real time” with continuous live stream video from the manufacturing location, and two-way audio. Each inspection must be securely stored on the internet and retrievable by VIN, serial number, insignia number or other approved identifier. Remote inspections may only be conducted by an approved Third Party Agency”.
1.27 “State Administrative Agency” or “SAA” means the Building Codes & Standards Section of the Department of Local Affairs’ Division of Housing which has been approved or conditionally approved by the federal government to carry out its state plan for enforcement of its standards pursuant to Rule 2.8 of these rules.
1.28 “Temperature Sensitive Equipment” means equipment or instrumentation whose performance or lifespan can change due to changes in the ambient temperature surrounding that equipment or instrumentation.
1.29 “Temporary Foundation" As defined in section 24-32-3302(34) C.R.S., is further defined to clarify that local government building departments are responsible for design review and approval of temporary foundations. For areas of the state without a local government building department, the Division of Housing will review and approve temporary foundation designed by a Colorado licensed design professional.
1.30 “Third Party Agency” means one of the following entities authorized by the Division of Housing:
1.30.1 “Firm” as used in the definition of an “independent contractor” pursuant to section 24-32- 3302(15), C.R.S., to perform or enforce installation inspections, or 1.30.2 “State” or “firm” as used in the definition of a “quality assurance representative” pursuant to section 24-32-3302(30), C.R.S., to:
1.31 “Tiny House” is distinct from a “tiny home” as defined pursuant to section 24-32-3302(35), C.R.S. in that a “tiny house” as defined in Appendix Q of the 2018 International Residential Code shall be installed on a permanent foundation.
1.32 “Vehicle Chassis” means the base frame of a single-family dwelling, designed and constructed for long-term occupancy that supports the home’s construction and transportation, and includes axles, wheels, GVWR and a VIN.
1.33 “Wildfire Risk” means local building codes applied to meet the intent of the International Wildland- Urban Interface Code per Chapter 5 – Special Building Construction Regulations. Rule 2. Codes and Standards Pursuant to sections 24-32-3303(1), 24-32-3304(1)(a) and (b), and section 24-32-3305(2), C.R.S., the State Housing Board hereby adopts and incorporates by reference the following nationally recognized codes, standards, guidelines, procedures, or rules in their entirety, except for the revisions, additions, deletions, or exceptions/exemptions specified below. The incorporated codes, standards, guidelines, procedures, or rules do not include later revisions. They are readily available for public inspection in written format during the regular business hours at the Division of Housing, Building Codes and Standards Section, 1313 Sherman Street, Suite 320, Denver, CO 80203. Paper copies are available for a reasonable fee paid to the Division of Housing. Electronic copies are available from the agencies originally issuing them as noted below.
Building Codes for Factory-Built Residential Structures and Tiny Homes; Factory-Built Nonresidential Structures; and Site-Built Hotels, Motels, and Multi-Family Structures in those areas of the State where no Standards Exist Manufacturers are permitted to use the construction codes in effect prior to the adoption of any new code for a maximum of 180 days after the amendment in rule takes effect. The Program Manager for the Building Codes & Standards Section, the Director of the Office of Regulatory Oversight, the Deputy Division Director, or the Division Director is authorized to grant, in writing, one extension, for a period not more than 180 days.
2.1 The International Building Code (IBC), 2018 Edition, published by the International Code Council, Inc. (ICC). This is a safety code and is available through the ICC at: https://www.iccsafe.org.
2.1.1 Section 105.2 Work exempt from permit
A building that in its entirety operates as a listed product is automatically exempt as long as the manufacturer is able to demonstrate it is labeled as such.
2.1.2 Section 901.2 Fire Protection systems
2.1.3 Section 907.2.10.2 (1) Smoke Alarms – Location
2.1.4 Section 907.2.10.6 Smoke Alarms – Power Source
Smoke and/or carbon monoxide alarms shall not be installed on a circuit dedicated only for smoke and/or carbon monoxide alarms.
2.1.5 Section 915.2.1 Carbon monoxide alarms – Locations
2.1.6 Section 915.4.1 Carbon monoxide alarms – Power Source
Smoke and/or carbon monoxide alarms shall not be installed on a circuit dedicated only for smoke and/or carbon monoxide alarms.
2.1.7 Section 1015.8 Window openings
2.1.8 Chapter 13
2.1.9 Section 1507.1.1 Ice barriers
Due to a history of ice forming along the eaves in Colorado, an ice barrier is required. And add the following language at the end of the first sentence: ...or not fewer than two layers of underlayment cemented together and to the roof.
2.1.10 Section 1608.2 Ground snow loads
Roof Snow Load (Pf) shall be in accordance with the local jurisdiction requirements and shall not be less than a minimum roof snow load of 30 PSF. The allowable increase of snow duration shall not be used when the snow load is above 65 PSF.
2.1.11 Section 1609.3.1 Wind speed conversion
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.
2.1.12 Section 2111.1 and 2111.14.1 Fireplaces
Every new fireplace must comply with one of the following:
2.2 The International Residential Code (IRC), 2018 Edition, published by the International Code Council, Inc. (ICC). This is a safety code and is available through the ICC at: https://www.iccsafe.org.
2.2.1 Table R301.2 (1) -
Climatic or Geographic Design Criteria Division of Housing Minimum for IRC Dwellings (Risk Category II Structures)
(3)See the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32o Fahrenheit)” at www.ncdc.noaa.gov.
(4) In areas of the state without a local jurisdiction, the Division of Housing will approve all temporary or permanent foundation systems as defined in Rule 2.
2.2.2 Table R301.5 – Live Loads
2.2.3 Table R302.1 (1) – Exterior Walls
2.2.4 Table R302.1 (2) – Exterior Walls—Dwellings with Fire Sprinklers
2.2.5 Section R308.4.6 Glazing adjacent to stairs and ramps
2.2.6 Section R308.4.7 Glazing adjacent to the bottom of the stair landing
2.2.7 Section R310.1 Emergency escape and rescue opening required
Cape Code style attics that qualify as a story shall require one operable emergency and escape opening.
2.2.8 Section R310.2.2 Window sill height
2.2.9 Section 311.7.12 Ships ladders
2.2.10 Section R312.2.1 Window sill heights
2.2.11 Section R313 Automatic Fire Sprinkler Systems
An automatic fire sprinkler system shall be installed in one and two family dwellings and townhouses as required by the local jurisdiction where the home will be set. In-plant and final tests required by this Section shall be approved by a certified 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 Prevention & Control.
2.2.12 Section 314.3 (2) Smoke Alarms – Location
2.2.13 Section 314.4 Revise “Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and…” to “Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed in existing construction when approved by the Division of Housing and…”
2.2.14 Section 314.6 Smoke Alarms – Power Source
Smoke and/or carbon monoxide alarms shall not be installed on a circuit dedicated only for smoke and/or carbon monoxide alarms.
2.2.15 Section 315.3 Carbon monoxide alarms – Locations
2.2.16 Section 315.6 Carbon monoxide alarms – Power Source
Smoke and/or carbon monoxide alarms shall not be installed on a circuit dedicated only for smoke and/or carbon monoxide alarms.
2.2.17 Section R802.10 Wood trusses
Section R802.10.5 Marking Each truss shall be legibly branded, marked, or shall have other permanent labeling of the truss drawing’s designated identification number on the large face of the top chord and within two (2) feet of the peak of the truss.
2.2.18 Section R905.1.2 Ice barriers
Due to a history of ice forming along eaves in Colorado, an ice barrier is required. The ice barrier shall consist of a self-adhering polymer-modified bitumen sheet and shall extend from the eave’s edge to a point at least 24” inside the exterior wall line of the building or of not fewer than two layers of underlayment cemented together and to the roof.
2.2.19 Section R1004.4, G2406.2 exceptions 3 and 4, G2425.8 #7, G2445
Unvented fuel fired room heaters and unvented fuel fired fireplaces are prohibited.
2.2.20 Add the following new sections:
2.2.21 Section P2503.5.1 Rough plumbing
2.2.22 Chapter 11 ENERGY EFFICIENCY
2.2.23 Section M2001.1 Installation and G2452.2 Installation
All rooms or spaces containing boilers shall be provided with a floor drain and trap primer.
2.2.24 Section G2417.4.1 Test pressure
The test pressure to be used shall not be less than 1 ½ times the proposed maximum working pressure, but not less than 10 psig (69 kPa gauge) for a period of not less than 15 minutes. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. The test pressure for valves and connections to appliances shall not exceed 0.5 psig (3kPa).
2.2.25 Electrical Sections
2.2.26 Appendix A – Sizing and Capacities of Gas Piping
2.2.27 Appendix P – Sizing of Water Piping System
2.2.28 Appendix Q – Tiny Houses
the dwelling unit enclosure area. The air leakage testing shall be in accordance with the testing methods required in IECC 2015 R402.4.1.2. The dwelling unit enclosure area shall be the sum of the areas of ceilings, floors and walls that separate the conditioned space of a dwelling unit from the exterior, its adjacent unconditioned spaces and adjacent dwelling units.
Q106.1.1 Whole-house mechanical ventilation. Where the air leakage rate is in accordance with Section Q106.1, the tiny house shall be provided with whole house mechanical ventilation in accordance with Section M1505.4.
Q106.2 Alternative compliance. Tiny houses and tiny homes shall be deemed to be in compliance with Chapter R4 of the adopted International Energy Conservation Code, provided that the following conditions are met:
2.3 The International Mechanical Code (IMC), 2018 Edition, published by the International Code Council, Inc. (ICC). This is a safety code and is available through the ICC at: https://www.iccsafe.org.
2.3.1 Section 303.3.1 LPG appliance
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 only for retro-fitting of existing structures or as required by the local jurisdiction.
2.3.2 Section 903.1 General
Every new installation of a solid fuel-burning, vented decorative appliance or room heater shall meet the most stringent emission standards for wood stoves established under State statute and/or regulations promulgated by the State Air Quality Control Commission as of the time of installation of the appliance or room heater. (Effective January 1, 1991 – CC90-617).
2.3.3 Section 903.3 Unvented gas log heaters
2.4 The International Plumbing Code (IPC), 2018 Edition, published by the International Code Council, Inc. (ICC). This is a safety code and is available through the ICC at: https://www.iccsafe.org.
2.4.1 Appendix Chapter E – Sizing of water piping systems
2.5 The National Electric Code (NEC), published by the National Fire Protection Association, Inc. (NFPA), and the Edition as adopted by the Colorado State Electrical Board at the time of plan submittal. This is a safety code and is available through the NFPA at: https://www.nfpa.org. A transition period of 180 days after the effective date applies. The Program Manager for the Building Codes and Standards Section is authorized to grant, in writing, one extension, for a period not more than 180 days.
Any conflicts that may arise between these amendments and a future State adopted edition of the NEC shall be resolved by applying the specific amended provisions of the 2020 edition. The following amendments are made to the NEC for use with all factory-built units:
2.5.1 Article 545 Manufactured Buildings
These tests shall be performed after branch circuits are complete and after wiring devices are installed and wiring properly terminated.
2.5.2 Article 334.23 Cables Run Across the Top of Floor Joists/Rafters
Substantial guard strips or other protection 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.
2.5.3 Article 210.8(F) Outdoor Outlets
…than those covered in 210.8(C), and outlets designated for outdoor mechanical cooling equipment.
This exception is limited to outdoor mechanical cooling equipment shipped loose by the manufacturer with the factory-built structure to be completed on-site. This exemption does not apply if the outdoor mechanical cooling equipment is provided by any other party. If it is provided by a party that is not the manufacturer of the factory-built structure, then the State Electrical Board’s requirement applies.
2.6 The International Fuel Gas Code (IFGC), 2018 Edition, published by the International Code Council, Inc. (ICC). This is a safety code and is available through the ICC at: https://www.iccsafe.org.
2.6.1 Section 303.3 Prohibited locations
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 only for retro-fitting of existing structures or as required by the local jurisdiction.
2.6.2 Section 303.3, 501.8 #8, Section 621
Unvented fuel fired room heaters and unvented fuel fired fireplaces are prohibited.
2.6.3 Section 406.4.1 Test pressure
The test pressure to be used shall not be less than 1 ½ times the proposed maximum working pressure, but not less than 10 psig (69 kPa gauge), irrespective of design pressure. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. The test pressure for valves and connections to appliances shall not exceed 0.5 psig (3kPa).
2.7 The International Energy Conservation Code (IECC), 2015 Edition, published by the International Code Council, Inc. (ICC). This code is available through the ICC at: https://www.iccsafe.org.
2.7.1 Section C101.5 and R101.5 Compliance
Add the following exception:
Where the location the factory-built structure is to be permanently set is known and the local jurisdiction has adopted the 2012 IECC, the building may comply with the 2012 IECC. Where the location of 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, including any local jurisdiction amendments, or where no code has been adopted that regulates the design of buildings for effective energy use, the structure may comply as far back as the 2009 IECC.
2.7.2 Section C202, R202 - Definitions
ZERO-ENERGY BUILDING. A building with zero net energy consumption and zero carbon emissions annually as certified by an approved annual energy use analysis.
2.7.3 Section C402.1.1 Low energy buildings
2.7.4 Section C402.1.2
Equipment buildings intended to house temperature sensitive equipment, not intended for human occupancy, and not exceeding 1000 sq. ft. will be exempt from the building thermal envelope provisions of this code.
2.7.5 Section C404.5
2.7.6 Section R402.1 Low energy buildings
2.7.7 Section R402.4.2.1
All air barrier elements shall be installed as detailed in Table 402.4.1.1. and are inspected and verified with a checklist incorporated into the Quality Assurance Inspection Checklist and part of the "finished home" file for the building/dwelling. All elements of the air barrier shall be listed and installed per the manufacturer's installation instructions. A completed air barrier checklist shall be kept on file with the Division of Housing and the manufacturer’s quality assurance program.
If not complying with the first paragraph, an air leakage test shall not exceed 5 air changes per hour in all climate zones and shall comply with one of the compliance methods in R401.2.
Construction Standards and Procedures for U.S. Housing and Urban Development (HUD) Homes These standards and procedures are available through HUD at: https://www.hud.gov. Pursuant to sections 24-32-3302(12), 24-32-3302(13), 24-32-3302(20), 24-32-3302(32), 24-32-3305(5), 24-32-3306(1), 24-32-3307(2), 24-32-3309(1)(a), and 24-32-3327, C.R.S., the State Housing Board adopts the following requirements for manufactured homes constructed to the “National Manufacturing Housing Construction and Safety Standards Act of 1974”, 42 U.S.C. sec. 5401 et seq. (manufactured from June 15, 1976 to present):
2.8 Compliance with Title 24: Housing and Urban Development; Subtitle B—Regulations Relating to Housing and Urban Development (Continued); Chapter XX—Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development; Part 3280—Manufactured Home Construction and Safety Standards, of Title 24.
2.9 Compliance with Part 3282—Manufactured Home Procedural and Enforcement Regulations of the same title, subtitle, and chapter in Rule 2.8 above as applied and enforced as the state administrative agency for the federal government.
2.10 Compliance with Part 3286—Manufactured Home Installation Program of the same title, subtitle, and chapter in in Rule 2.8 above, which is inspected and enforced through application of the Division of Housing’s adopted Manufactured Housing Installation Codes.
2.11 Compliance with Part 3288—Manufactured Home Dispute Resolution Program of the same title, subtitle, and chapter in Rule 2.8 above as applied and enforced as the state administrative agency for the federal government.
Manufactured Home and Tiny Home Installation Standards These standards and guidelines are available through the Division of Housing in the form of the “Manufactured Home and Tiny Home Installation Handbook” located at: https://www.colorado.gov/dola/division-housing.
2.12 Pursuant to section 24-32-3310, C.R.S., nothing in this rule is intended to interfere with the right of a local jurisdiction to enforce its rules governing the installation of a manufactured home or tiny home as long as those rules are not inconsistent with this rule. Pursuant to section 24-32-3318, C.R.S., a local jurisdiction may not adopt less stringent standards for the installation of a manufactured home or tiny home than those adopted by the Division and may not adopt a different standard without express consent by the Division. However, a local jurisdiction may adopt unique public safety requirements related to geographic or climatic conditions such as weight restrictions for snow loads or wind shear factors subject to the conditions outlined in section 24-32-3318, C.R.S.
2.12.1 Factory-built residential structures (modular) must be installed on a permanent foundation approved through the local jurisdiction. In areas where no building codes have been adopted, the foundation must be designed and approved by a State of Colorado licensed engineer unless plans are approved by the Division and in compliance with its adopted International Residential Code (IRC) foundation prescriptive requirements.
2.13 Primary Standards (required for all new homes):
2.13.1 The current written installation instructions provided by the manufacturer of the home.
2.14 Alternate Standards (for older homes or homes that do not include the manufacturer’s installation instructions) – installation must be in accordance with the following alternate standards adopted by the Division and State Housing Board:
2.14.1 Modular Homes and Tiny Homes
2.14.2 Mobile and HUD-code Homes
The installer shall verify data plates provided with a HUD-code home prior to installation in the state of Colorado. The data plate shall be matched with the home (serial numbers). The data plate shall indicate the following minimums:
Wind Zone: I Thermal Zone: III Roof Load: Middle (30 PSF)
If the data plate does not meet these minimum requirements, the installer shall not set the home. The installer is required to check with the local jurisdiction where the home will be located to determine if it is designed for the area’s proven snow or wind load since some parts of the state are subjected to heavy snow and/or high winds.
Fire separation distances shall comply with local rules or regulations. In their absence, the most current version of the International Residential Code (IRC) as adopted by the Housing Board applies.
Soil that supports footings and foundations shall be capable of accommodating all loads required by this standard. To help prevent settling or sagging, the foundation must be constructed on firm, undisturbed soil or 90% compacted soil. The design bearing capacity of the soil shall be determined in accordance with Section 5.6.
Soils that appear to be composed of peat, organic clays, uncompacted fill, expansive or other unusual conditions shall have a licensed engineer determine the classification and maximum allowable soil bearing capacity.
Otherwise the bearing capacity of the soil shall be assumed to be 1,500 psf.
A larger bearing capacity for the soil may be used as follows provided the class of soil is known:
Sandy gravel and/or gravel, very dense or cemented sands (GW, GP, SW, SP, GM, SM) ------------- 2,000 psf Sedimentary and foliated rock---------------------------- 4,000 psf When a value other than 1,500 psf is determined for the soil bearing capacity it shall be recorded by the installer on the Division of Housing’s Installation Authorization form and justification for higher values shall also be provided.
If the space under the home is to be enclosed with skirting or other material, a vapor retarder that keeps ground moisture out of the home shall be installed unless specifically allowed to be omitted by the authority having jurisdiction.
The vapor retarder may be placed directly beneath footings, or otherwise installed around or over footings placed at grade, and around anchors or other obstructions. Any voids or tears in the vapor retarder must be repaired.
Tables 6.2.3.1.3(a), 6.2.3.1.3(b), and 6.2.3.1.3(c) for pier capacities, as replaced in Appendix A, shall be used when the manufacturer’s installation instructions are not available.
Manufactured piers shall be rated at least to the capacities given in Tables 6.2.3.1.3(a), 6.2.3.1.3(b), and 6.2.3.1.3(c), as replaced in Appendix A, and locally constructed piers shall be designed to transmit these loads safely as required by 6.2.3.2.
Caps shall be of solid masonry of at least 4 in. (100 mm) nominal thickness, or of treated or hardwood dimensional lumber at least 2 in. (50mm) nominal thickness, or of ½” thick steel.
Nominal 4 in. x 6in. (100mmx 150mm) hardwood shims shall be used to level the home and fill any gaps between the base of the I-beam and the top of the pier cap. Any of the following hardwood species may be used: Ash, Beech, Birch, Hickory, Oak, Rock Elm, Black or Red Maple, or Sweetgum.
Hardwood (species identified in the amendment to Section
any remaining vertical gap no thicker than 2”. The maximum total gap to be filled with shims and plates shall be 2”.
All homes. Supports shall be placed on both sides of side wall exterior doors and any other side wall openings greater than 48 in. (such as entry and sliding glass doors), and under porch posts, factory installed fireplaces and wood stoves. Size perimeter piers under openings based on Table 6.2.3.1.3(b), as replaced in Appendix A, “Exterior wall” where the actual side wall opening shall be less than or equal to the spacing selected from the table.
Homes requiring perimeter blocking. Refer to Figure 6.2.5.3 and Figure 6.2.5.4 and Table 6.2.3.1.3(b), as replaced in Appendix A, for homes requiring perimeter blocking in addition to sidewall opening blocking described above.
The home shall be installed and leveled by installation personnel approved by the State of Colorado to install manufactured homes.
The interconnection of multi-section homes shall be completed in accordance with the manufacturer’s installation instructions. When the manufacturer’s installation instructions are not available, the interconnection of multi-section homes shall be in accordance with Table 7.3, as provided in Appendix A, or per the requirements approved by a State of Colorado licensed engineer.
After blocking and leveling, the installer shall secure the manufactured home against wind per Section 7.5.2 or Section 7.5.3. Anchorage shall be for Wind Zone I. Homes that are designed for Wind Zone II and III must be anchored per the Manufacturer’s Installation Instructions or the requirements of a professional engineer.
A proprietary anchorage system may be used to resist overturning and lateral movement (sliding) caused by wind as long as it complies with all of the following:
Straps and anchors are to have corrosion protection at least equivalent to that provided by a coating of zinc on steel of not less than 0.30 oz/ft2 of surface coated. Straps and anchoring equipment must be capable of resisting a minimum ultimate load of 4,725 lbs and a working load of 3,150 lbs as installed; determined by a licensed professional engineer, architect or tested by a nationally recognized third-party agency. Straps are to be 1.25”x0.035” or larger steel strapping conforming to ASTM D 3953, Type 1, Grade 1, Finish B. Anchors are to be installed in accordance with their listing or certification to their full depth.
The number and location of anchors and anchor straps for securing single-section and multi-section manufactured homes in the transverse direction shall conform to the manufacturer’s installation instructions. When relocating the home or when the manufacturer’s installation instructions are not available, the number and location of anchors and anchor straps shall conform to Table 7.5.3.2.1, Figure 7.5.3.2.1(a), and Figure 7.5.3.2.1(b), as provided in Appendix A.
The number and location of anchors and anchor straps for securing single-section and multi-section manufactured homes in the longitudinal direction shall conform to the manufacturer’s installation instructions. When relocating the home or when the manufacturer’s installation instructions are not available, the number and location of longitudinal anchors and anchor straps shall conform to Table 7.5.3.2.2 and Figure 7.5.3.2.1(a), as provided in Appendix A.
The installed ground anchor type and size/length must be listed for use in the soil class at the site and for the minimum and maximum angle permitted between the diagonal strap and the ground and all ground anchors must be installed in accordance with their listing or certification and the ground anchor manufacturer installation instructions. Unless the foundation system is frost-protected to prevent the effects of frost heave, the ground anchors shall be installed below the frost line. Ground anchor stabilizer plates shall be installed in accordance with the anchor and plate manufacturer installation instructions.
If sidewall, over-the-roof, mate-line, or shear wall straps are installed on the home, they must be connected to an anchoring assembly.
Expanding rooms shall be installed in accordance with the manufacturer’s instructions. When the manufacturer’s instructions are not available, perimeter blocking shall be installed in accordance with Table 6.2.3.1.3(b), as replaced in Appendix A, and anchors shall be installed in accordance with Section 7.5.3.2.
Carports, awnings, porches, roof covers, and other similar attachments or additions shall not be supported by a manufactured home unless the home was specifically designed to accommodate such attachments or the attachment is designed by a licensed professional engineer. Non-structural connections for flashings and coverings at the junction are acceptable.
Access opening(s) not less than 18 inches in width and 24 inches in height must be provided and located so that any utility connections are accessible.
Telephone, cable TV, and similar wiring shall be installed per the Authority Having Jurisdiction (AHJ) requirements and the National Electric Code (NEC).
If other fixtures or appliances are to be site-installed, follow the manufacturer’s installation instructions. Use only products listed for manufactured homes and follow all applicable local codes.
Verify appliance is installed per the manufacturer’s installation instructions including any combustion air requirements. Verify flues are in place and are properly connected and extend through the roof with flashing and caps.
Before making any connection to the site supply, the inlet orifices of all gas-burning appliances shall be checked to ensure they are correctly set-up for the type of gas to be supplied and are sized correctly for the altitude above sea level where the home is set. The manufacturer’s installation instructions for the appliance shall be followed.
Verify smoke alarms are installed to protect the living area, rooms designed for sleeping, on upper levels, and in the basement for homes installed over a basement.
Verify smoke alarms are installed and operating properly to meet the requirements of 24 CFR 3280.
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.
Fire separation distances shall comply with local rules or regulations. In their absence, the most current version of the International Residential Code (IRC) as adopted by the State Housing Board, shall apply.
2.14.2. 2 Permanent Foundations Guide for Manufactured Housing (4930.3G), , published by the U.S. Department of Housing and Urban Development (HUD), including any revisions, additions, and deletions identified below, or the most recent version.
2.15 Upon written request, the Division of Housing will consider modifications to the standards or alternate materials and methods of construction. The Division of Housing will require that sufficient evidence or proof be submitted to support and substantiate the modification or alternate request.
2.15.1 The Division of Housing may approve any such modification or alternate, provided the Division of Housing finds that the proposed modification or alternate conforms with the intent and purpose of the standards and is equivalent in suitability, strength, effectiveness, durability, safety, and sanitation.
2.15.2 The approval of any modification and/or alternate by the Division of Housing will be made in writing and is required prior to commencing the work in question.
2.15.3 In the event that a local jurisdiction has declared a state of emergency, and met the written request and evidence or proof submitted to support and substantiate the request as stated in Rule 2.15, and provided the Division of Housing makes the findings required by Rule 2.15.1, the Division may for a period of 180 days allow a modification to the standards, or alternate materials and methods of construction. Additional 180 day extensions may be requested in writing by the local jurisdiction to DOH. Requests from the local jurisdiction should include a copy of the approved local jurisdiction codes and explanation of the requested changes and any site specific information. Requests will not be accepted that are more stringent than the current adopted codes. These structures will receive an Emergency Response Unit insignia from the Division of Housing. Rule 3. Fees.
Pursuant to sections 24-32-3309(1)(a), 24-32-3315(5), and 24-32-3323(3), C.R.S., the State Housing Board establishes the following schedule of fees, which are not subject to refund, are due in advance, and must accompany the appropriate application, except for certain inspection fees:
3.1 Annual registration fees:
3.1.1 Plant/Manufacturer: $600.00
3.1.2 Inspection Agency: $250.00
3.1.3 Seller: $200.00
3.1.4 Installer: $150.00
3.1.5 Independent Inspector: $450.00
3.1.6 Late re-registration fee $100.00
3.2 Plan checking fees:
3.2.1 Finished space: $0.25 per sq. ft. ($160 min.)
3.2.2 Unfinished space (attics, lofts, garages, etc.): $0.10 per sq. ft.
3.3 Supplemental plan check fee (revisions, etc.): $0.10 per sq. ft. ($50 min.)
3.3.1 2nd Revision Plan Check Fee $100.00
3.4 Third party oversight plan check fee: $0.15 per sq. ft. ($100 min.)
3.5 Insignia fees:
3.5.1 Primary Insignia: $125.00
3.5.2 Additional Floor Tag: $125.00
3.5.3 Inspection-only Tag: $125.00
3.5.4 Component-only Insignia: $125.00
3.5.5 Modification Insignia: $125.00
3.5.6 Installation Insignia (free for participating jurisdictions): $60.00
3.6 Inspection fees:
3.6.1 Plant/Factory certification inspection fee: $350.00 per inspection
3.6.2 Oversight inspection fee, including re-inspections: $270.00 per inspection/address
3.6.3 Special inspection fee:
3.6.4 Modification inspection fee: $175.00
3.6.5 Installation inspection fee:
3.6.6 Non Compliance/Prohibited Sale/Red Tag fee: $250.00
3.7 Certificate of Occupancy fee (only applies to hotels, motels, and multi-family structures in those areas of the state where no standards exist): $125.00
3.8 Waiver of fees:
3.8.1 Pursuant to section 24-32-3315(7)(a), the Division of Housing does not charge for certification of installers.
3.8.2 The Division of Housing waives the fee for certification of an independent inspector.
3.8.3 The Division of Housing does not charge for installer or inspector exams.
3.8.4 The Division of Housing waives the fee for certification of a plant/manufacturer.
3.8.5 The Division of Housing may waive fees for plan reviews and unit certifications that are subsidized under local, state, or federal housing programs for low-income households, and being constructed by the State of Colorado, a local government, or a nonprofit agency.
3.8.6 The Division of Housing waives the insignia fee for local jurisdictions that perform installation inspections as authorized participating jurisdictions. Rule 4. Factory-Built Residential Structures (Modular and Tiny Homes) and Non-Residential Structures (Commercial) Requirements 4.1 Every “factory-built structure” as defined in section 24-32-3302(11), C.R.S., 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 structure is constructed in compliance with the codes adopted by the State Housing Board. This does not apply to factory-built structures manufactured or sold for transportation to and installation in another state. However, if the unit were to return to Colorado for use, then it would require an insignia issued by the Division of Housing. To assist with the certification process, pursuant to section 24-32-3303(1)(a), C.R.S., a “manufacturer” as defined in section 24-32-3302(23), C.R.S., is required to be “registered” (based on qualifications) or “certified” (based on performance) with the Division of Housing.
4.1.1 Registration or certification is for a specific manufacturing facility location, and is not transferable to any other location including those of the same manufacturer.
4.1.2 A registered or certified manufacturer is required to inform the Division of Housing of a change in ownership, address, or location within ten (10) business days of such change.
4.2 Registered/Certified manufacturers are required to have that facility’s production approved through an initial review of its Quality Control (QC) program and the Quality control personnel that ensure construction code compliance. The Division of Housing must be notified of any changes to the QC program or personnel.
4.3 The manufacturer’s QC department must perform “no cover” inspections for all phases of construction on all structures and witness all required tests, regardless of whether the facility is registered or certified.
4.4 Upon the manufacturer’s receipt of the approved plans and manual, the third party agency may schedule facility oversight inspections.
4.5 Manufacturers who sell direct to purchasers of one or two family dwellings must register as a Seller with the Division of Housing and follow all statutory and Administrative Rules requirements. See Rule 5.
4.5.1 The exception is if the purchaser is a developer who in turn plans to resell the home to the end-user; the developer in that scenario is required to be a registered seller with the Division of Housing.
4.5.2 Manufacturers who receive purchaser down payments from registered sellers or directly from intended home-owners, must provide the following protections for down payments in excess of the cost of materials, construction, design, and administration of the specific home ordered by the consumer:
4.6 In order to provide efficiency, manufacturers building multi-family or commercial units as a part of a development project of 5 or more units must contact the Division of Housing and provide a project plan that includes: project schedule, production schedule, on-site construction items, and installation plan and schedule. It is recommended to contact the Division of Housing early in the plan process, even before all the required documents are available. The Division will evaluate the materials provided, meet with the respective parties, and determine a total estimated fee schedule. Overnight stays by inspectors may require additional expenses. Manufacturer Registration 4.7 Once issued by the Division of Housing’s Building Codes & Standards Section, a registration is active for one (1) year or three (3) years after completing the first year and must be successfully renewed in order to continue manufacturing structures in the state of Colorado or shipping them into the state. Three year registrations will require an email or letter regarding any material changes (or no changes) to operations annually.
4.8 At the time of registration, all manufacturers are required to have Division of Housing approval, in writing, of the third party agency or agencies that will conduct the production inspections and certification of Colorado units on behalf of the Division of Housing. A manufacturer is also required to request approval of the Division of Housing thirty (30) days prior to any subsequent change of its third party agency.
Certified Manufacturer Status 4.9 A manufacturer must maintain an active Colorado registration for each manufacturing facility requesting Certified status.
4.9.1 Out of state registered manufacturers must utilize a third party agency to submit a recommendation for certified manufacturer status to the Division of Housing.
4.9.2 In-state registered manufactures may utilize a third party agency to submit a certified manufacturer recommendation OR request certified manufacturer status from the Division of Housing.
4.9.3 Each manufacturing location will require a separate certified manufacturer recommendation.
4.9.4 The Division of Housing and authorized third party agencies will utilize the following criteria for approval of registered manufacturers requesting certified manufacturer status.
4.9.5 Manufactures who previously qualified for the Division of Housing’s Certified Factory Status may continue with this status for one year, but are required to complete the new certified manufacturer status by July 1, 2024.
4.9.6 Recommendations received from a third party agency will be reviewed, and if deemed compliant, approved by the Division of Housing and a letter will be sent to the recommending agency, the certified manufacturer and the third party agency doing production inspections.
4.10 All certified manufacturers are registered manufacturers and must follow all registered manufacturer requirements unless specifically exempted or changed in these rules.
4.11 Certified manufacturer status for a specific facility is considered ongoing unless the manufacturer fails to perform as described in 4.12. An annual letter will be required from the manufacturer regarding any changes, or stating no changes, in the quality assurance program in order to continue certified manufacturer status.
4.12 The Division of Housing may immediately seek summary suspension to remove the designation of certified manufacturer status for failure to remedy any of the following conditions after notice from the Division of Housing:
4.12.1 The change of a third party agency or change in that entity’s status.
4.12.2 The change of a facility location.
4.12.3 The manufacturer has had insignias of approval removed pursuant to Division of Housing procedures.
4.12.4 Failure to remedy manufacturing defects or deficiencies as identified by the Division of Housing and failure to provide a quality assurance program update on corrective actions taken to remedy identified defects or deficiencies.
4.12.5 Notification by a third party agency regarding failure to meet quality control guidelines.
4.12.6 The factory is not in compliance with “Performance Criteria for Monitoring Manufacturers and Third Party Inspection Agencies”.
4.13 A registered manufacturer whose status as a certified manufacturer has been removed by the Division of Housing will resume operations on a higher frequency of inspections until its performance improves and is recommended for reinstatement of its certified manufacturer status pursuant to Rule 4.9 of these rules.
Renewal 4.14 Each manufacturer is required to resubmit its quality control manual (and when applicable, plans) for approval prior to the registration expiration date that is stamped on the quality control manual. This Quality Control manual resubmission is required regardless of when plans are approved or structures shipped. Failure to comply with this requirement will result in that manufacturer’s registered location having to comply with the initial registration inspection requirements.
4.14.1 The registration expiration date for all manufacturers is determined by the expiration date that is stamped on the quality control manual. Plans that are submitted at the time of registration or within the registration period shall have the same expiration date as the quality control manual.
4.14.2 It is the responsibility of the manufacturer to submit to the Division of Housing the quality control manual for approval within the authorized sixty (60) day renewal window prior to the expiration date.
Plan Review 4.15 All registered or certified manufacturers must obtain prior approval of each set of designs from the Division of Housing or third party agency before constructing structures under those plans.
4.15.1 The Division of Housing will expedite the review and approval of plans from registered or certified manufacturers whose plans have been reviewed and pre-approved by a third party agency who accepts responsibility and liability in ensuring compliance with requirements of these rules and applicable codes.
4.15.2 Life safety corrections will be sent back to the manufacturer and the third party agency that pre-approved the plans. Third party agencies who continue to pre-approve plans after notification of life safety plan corrections must provide a report on internal quality assurance corrective actions taken to the Division of Housing.
4.15.3 The Division of Housing and third party agencies will utilize redline comments for minor changes and corrections.
4.16 Plan approvals are granted to a manufacturer for a specific manufacturing facility and are not transferable to other manufacturing facilities including those of the same manufacturer.
4.17 Applications for plan review and approval must be submitted electronically to the Division of Housing and must be accompanied by the appropriate fees from Rule 3 of these rules.
4.17.1 The application must include the quality control manual; it must meet or exceed the minimum requirements as specified by the Division of Housing.
4.17.2 All applications must 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 regulation of its factory-built structures and tiny homes.
4.17.3 Factory-built structure and tiny home plans will meet any unique local government standards regarding wildfire risk.
4.17.4 Plans are approved only for a specific address unless the climatic and geographic design and wildfire risk conditions are equal to or less stringent than what was approved.
4.17.5 Multi-family plans submitted for review must include the applicable sections required by the Division of Housing plan review checklist. Included in that submittal, the plans must have a separate section that clearly describes the details for the installation of that building including but not limited to structural connection hardware and fasteners, sheer wall schedules, hold down schedules, plating and drag requirements and all connections that need to be inspected during the setting of the modular units, and must provide a separate manufacturer installation handbook that is clearly referenced on the cover sheet of the plan set, preferably where the building codes are referenced.
4.18 An application will expire and all fees forfeited if it is not completed within 120 days of the initial application date.
4.18.1 Expired applications must be resubmitted as new applications electronically with documentation and fees.
4.19 In order to be considered approved, plans and quality control manuals must be stamped by the Division of Housing or third party agency. Revisions, additions, or deletions will not be acceptable without prior approval.
4.19.1 An approved copy of the quality control manual and plan must be retained at the place of manufacture.
4.19.2 All third party agency approvals must be submitted to the Division of Housing for review and oversight approval.
4.20 Plan approval does not guarantee a manufactured structure constructed from the approved plan will also be approved. All structures must also undergo an inspection and receive an insignia of approval in order to be considered certified by the State of Colorado. A plan approval does not prevent the Division of Housing or the third party agency from requiring the correction of errors found in the plans or the unit itself, when found in violation of these rules.
4.21 Revisions to the approved plan are required where the manufacturer proposes a change in structural, plumbing, heating, electrical, or fire life safety systems. Such changes must 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 will be processed as a new application. Any difference in fees will also be assessed.
4.22 The Division of Housing will approve unchanged plan renewals it previously reviewed and approved, provided there has been no change in adopted codes and the manufacturer’s officer in Rule 4.17.2 above certifies in writing that the plans are identical to those previously approved by the Division of Housing. A “Supplemental Plan Check Fee” will apply for plan renewals.
4.22.1 Should it be determined by the Division of Housing that unauthorized changes have been made to an approved plan, the manufacturer will be subject to a “Red Tag Fee” for every structure built to the changed plans, and the Division may require additional inspections to ensure the code compliance of the structures.
4.23 When amendments to these regulations require changes to be made to an approved plan, the Division of Housing will notify the manufacturer of the requirement and allow it a reasonable time to submit revised plans for review and approval. Revised plans will be processed as interim changes with the appropriate fees assessed.
4.24 Approved plans expire with the factory registration. Plans must be resubmitted and the Supplemental Plan Check Fee will apply. New plans approved within 120 days of the manufacturers’ registration expiration date will not be required to resubmit plans for renewal until the next registration cycle. If the manufacturer fails to register on time, due to fault of their own, those plans are no longer valid and will be required to be renewed. The asset for that structure is required to have been created and construction started before the expiration to be exempt from the renewal process for that specific plan and structure.
4.25 Tiny home plans must include: details on the vehicle chassis, including drawings and connections, and whether the tiny home is going to be installed on a permanent or temporary foundation.
Inspections 4.26 All structures manufactured, sold, or offered for sale in the state of Colorado must display the Division of Housing insignia of approval affixed either by the Division of Housing, an authorized third party agency, or by a certified manufacturer. These insignias certify that the unit is constructed in compliance with applicable codes and regulations adopted by the State Housing Board. This does not apply to factory-built structures or tiny homes manufactured or sold for transportation to and installation in another state. However, if the unit were to return to Colorado for use, then it would require an insignia issued by the Division of Housing.
4.26.1 Registered (non-certified) and certified manufacturers must apply for Colorado insignias through the Division of Housing and submit the appropriate fees provided in Rule 3 of these rules.
4.27.2 Insignias are assigned for use at a specific location and cannot be transferable or used on an unapproved structure. Colorado insignias of approval issued for one type of certification may not be used on a structure of another (different) type. A silver 3”x5” primary insignia (one or two family dwellings, except tiny homes) documenting manufacturer and design information is required for each structure to be installed in the state, or a blue 3”x5” primary insignia (commercial) documenting manufacturer and design information is required for each box to be installed in the state. A primary pink 3”x5” insignia will be required for each Tiny Home. A primary black 3x5 insignia will be attached to the primary box or Division of Housing approved location of each multi-family dwelling unit.
4.27.3 The primary insignia for residential and tiny homes must be permanently affixed inside the kitchen sink cabinet or inside the vanity cabinet if there is no kitchen sink. For certified manufacturers, this must occur prior to structures being removed from the production location that is certified. Additional Floor Tag insignias, if applicable, are to be permanently affixed and located directly under the primary insignia.
4.27.4 Colorado insignias are the property of the State of Colorado and may be confiscated by the Division of Housing upon any violation of these rules. Defaced, marked in error, or voided insignias must be returned to the Division of Housing without refund.
4.27.5 Dates on insignia are completion dates.
4.27.6 For installation and inspection insignias, the name of the installer or inspector is required. Not the company name.
4.28 Whenever an on-site inspection reveals that a structure fails to comply with any provision of these rules, the Division of Housing or the third party agency may affix a “Red Tag Notice” on the structure. All manufacturers must correct any construction code violations within thirty (30) calendar days of inspection. Life safety corrections may require less than 30 days to correct. An extension may be granted when submitted in writing to the Division of Housing.
4.28.1 Once notified of a “Red Tag Notice” by the Division of Housing or the third party agency and the specific violation(s), the affected parties must resolve the issue(s) with the entity that posted the notice.
4.28.2 Within five (5) working days, the affected parties or their agents must notify, in writing, the Division of Housing or the third party 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.
4.28.3 A structure posted with a “Red Tag Notice” cannot be sold, offered for sale, or have occupancy in the state of Colorado, nor can it be moved or caused to be moved without the prior written approval of the Division of Housing or the third party agency.
4.28.4 All structures posted with a “Red Tag Notice” must be corrected or removed from the state (with prior written approval of the Division of Housing or the third party agency). All structures that are corrected will be re-inspected to assure compliance with the codes and regulations, and a re-inspection fee will be assessed.
4.28.5 A “Red Tag Notice” may be removed only by an authorized representative of the Division of Housing or the third party inspection agency.
4.29 Factory-built structures may not be modified, prior to or during, installation at a site without approval from the Division of Housing. Once installed and its installation certified (factory-built residential structures only), any substantial alternation or repair made to the construction of the structure (both residential and nonresidential) already certified by the Division of Housing and on- site is under the jurisdiction of the local building department.
4.30 The Division of Housing and/or the third party agency retained by the manufacturer will conduct certification and production inspections of all manufacturers engaged in manufacturing or offering for sale factory-built structures in the state of Colorado. This inspection will include the quality control program and systems testing. This does not apply to factory-built structures manufactured or sold for transportation to and installation in another state. However, if the unit were to return to Colorado for use, then it would require an insignia issued by the Division of Housing.
4.30.1 Payment of the fees provided in Rule 3 is required if utilizing the services of an inspector from the Division of Housing. This cost is not refundable.
4.30.2 All in-state manufacturers shall have the option to contract with a third party agency or continue to use the Division of Housing to perform certifications and in-plant production inspections, to evaluate its registered/certified location’s Quality Control procedures, approve manufacturer engineering manuals and installation instructions and/or approve construction plans.
4.30.3 Out of state manufacturers are required to obtain the services of a third party inspection agency to perform certifications and in-plant production inspections, to evaluate the plant’s Quality Control procedures, and may use an approved third party agency to approve manufacturer engineering manuals, installation instructions, and/or approve construction plans.
4.31 A third party agency may consist of one of the following entities (any exceptions must have prior approval by the Division of Housing):
(A) States – must enter into a memorandum of understanding with Colorado.
(B) Local Government – must adopt Division-approved local ordinance or rule.
(C) Firms – must currently be listed with a national listing agency such as the International Code Council (ICC), International Accreditation Service (IAS), or other Division-approved entity.
4.32 Other states that wish to operate as a third party agency inspecting registered/certified manufacturers located in their state and structures manufactured in their state that are to be shipped to Colorado must have existing statutory authority to regulate the design and construction of factory-built structures and enter into a memorandum of understanding with Colorado to establish recognition of the following:
(A) Acceptance of construction codes that are adopted by the State of Colorado Housing Board for factory-built structures sold into or offered for sale in Colorado. (See Rule 2 of these rules).
(B) Acceptance of the design evaluation and approval performed by the Division of Housing or other third party agency for structures sold into or offered for sale in Colorado.
(C) Performance of facility 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 Rule 2 of these rules) 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.
(D) Evaluation, at the manufacturing facility, of code compliance problems resulting from consumer complaints on labeled Colorado structures; 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.
(E) Provide sixty (60) days notice before withdrawing from the memorandum of understanding, thereby allowing a manufacturer sufficient time to obtain a new third party agency.
4.33 Manufacturers contracted with a firm to perform its inspections are required to be inspected by that entity. A manufacturer may contract with more than one approved third party agency to perform these services. If more than one third party agency is under contract, the Division of Housing must be notified as to which inspections each agency is assigned; more than one agency cannot be assigned to the same inspection.
4.33.1 Approved third party agencies are authorized to conduct certifications, in-plant production inspections, recommend certified manufacturer status, in-plant evaluations of the plant’s quality control procedures, review manufacturer engineering manuals, approve plant construction plans, or perform on-site construction (OC) field inspections, in accordance with Division of Housing approved procedures and documents.
4.33.2 The structure will be inspected to the approved plans; except where the plans are not specific, then the inspection will be to the standards. The third party agency will also monitor the facility personnel performing the construction, testing, and inspections.
4.33.3 A third party agency, when a facility is not certified, must conduct at a minimum a rough, final, and other inspections as required per code (see Rule 2 of these rules) for all structures manufactured. For tiny homes, a vehicle chassis inspection must be completed.
4.33.4 After the Division approves certified status for a manufacturer based on the recommendation from an approved third party agency OR the Division of Housing if the manufacturer has requested the Division of Housing grant it certified manufacture status, a minimum of one (1) phase of construction for each structure being produced for Colorado must be inspected by the third party agency. In the course of each visit, the third party agency may also complete an inspection of every phase of the production, systems testing, and of every structure in production as well as a random sampling of finished product on site.
4.33.5 Whenever the third party agency finds that a manufacturer is unwilling or unable to conform on a continuing basis to the approved quality control procedures, or approved plans or standards, that manufacturing facility will be placed on a higher frequency of inspection. The Division of Housing must be notified and the certification labels for units held until the manufacturer demonstrates that it can perform within its approved standards. If after three (3) 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 need to reapply for certified status after the time period in 7.1.1.
4.33.6 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.
4.33.7 The third party agency is required to provide its own inspection label to be affixed adjacent to the Colorado insignia of approval on each structure to be installed in Colorado prior to shipping.
4.33.8 All manufacturers that use a third party agency, other than another state, to perform production inspections, recommendations for certified manufacturer status, evaluate quality control procedures, approve engineering manuals, or approve plans, must have such agency request approval from the Division of Housing to be an approved third party agency for the State of Colorado. Approval requests must contain the following minimum requirements:
4.33.9 Third Party Agencies that wish to perform inspections of registered/certified manufacturers and their structures must agree to the following:
4.33.10 Third party agencies may only work in the specific categories for which the Division of Housing has granted approval in writing.
4.33.11 The performance (every aspect of all actions) of all third party agencies will be periodically monitored by the Division of Housing at a frequency adequate to assure that they are fulfilling their responsibilities as required in these rules. 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. Based upon finding(s) of inadequate performance, the frequency of inspections may be increased as determined by the Division of Housing procedures.
Rule 5. Sellers of Manufactured Homes Registration
5.1 Exceptions:
5.1.1 A Colorado licensed real estate broker is exempt from the requirement to be a registered seller when selling manufactured homes or tiny homes pursuant to section 24-32- 3323(4)(b), C.R.S., if they are acting as a third party (do not own the manufactured home or land it is installed on) in the transaction and are involved in negotiating the sale or lot rent of the land the manufactured home or tiny home is installed on in addition to the sale of the manufactured home or tiny home.
5.1.2 A registration as a seller is not required for any transaction involving the sale of a factory- built structure, residential or nonresidential, that is constructed to the International Building Code (IBC).
5.2 Manufacturers who sell direct to purchasers of one or two family dwellings must register as a seller with the Division of Housing and follow all statutory and administrative rule requirements of this Rule 5.
5.3 As part of the registration process, a seller is required to establish and maintain an escrow account for all manufactured housing or tiny home down payments received from purchasers during the annual registration period if the total amount received prior to the delivery (as defined pursuant to section 24-32-3302(6.5), C.R.S.) of the manufactured homes is greater than $50,000; they elect to not obtain the coverage identified in Rule 5.3(B); and the money collected is not utilized for purposes of Rule 5.3(C)(2) and (3).
(A) If unable to establish an escrow account, for purposes of compliance with this rule, a seller may establish a trust account.
(B) All money deposited in an escrow or trust account, except for money distributed for purposes of Rule 5.3(C)(2) and (3), must be held in the account until a manufactured home is delivered or the sale is terminated, including a complete accounting of all money.
(C) The Division of Housing will conduct an audit of each seller’s escrow or trust account at least once every two years.
5.4 Pursuant to sections 24-32-3301(c)(II) and 24-32-3324(2), C.R.S., a seller is also required to establish and maintain a letter of credit, certificate of deposit issued by a licensed financial institution, or a surety bond issued by an authorized insurer in order to obtain and keep their registration in active status for that year as follows:
(A) A minimum coverage amount of $50,000 for their annual registration period to cover all down payments received by the seller from any purchasers prior to the delivery of manufactured homes during that registration period.
(B) If a seller collects more than $50,000 in down payments from purchasers during their registration period, then the seller must at that point obtain coverage that is equal to or greater than all down payments received by the seller from all purchasers.
(C) The following transactions are not subject to the coverage requirements of (B) in this rule:
5.5 A registration may have more than one location under a parent company in which case they all must be under the same registration and covered by the same letter of credit, certificate of deposit, or surety bond. The business name on the registration and the business name on the letter of credit, certificate of deposit, or surety bond must match.
5.6 Once a complete application is received by the Division of Housing, the date of registration issued will be the same as the dates on the letter of credit, certificate of deposit, or surety bond. They should all be dated on the first day of the month.
5.7 All letters of credit, certificate of deposits, or surety bonds must include language that the Division of Housing be listed on the financial security device and may be drawn upon by the Division of Housing after an enforcement action as described in section 24-32-3324, C.R.S. Renewal 5.8 A registration is active for one (year) from the date of issuance and a registered seller will be notified a reminder to renew thirty (30) calendar days in advance of the expiration date of their registration.
5.9 A new application, new letter of credit, certificate of deposit, or surety bond is required to be submitted for the renewed year.
Sales Contract 5.10 In addition to the requirements provided in section 24-32-3325, C.R.S., a seller:
(A) Is not required to return any portion of down payment(s) made prior to the delivery of the manufactured home if that money was used for specific services detailed in the contract or sent to the factory to cover its construction costs if this is clearly provided in the executed sales contract between seller and purchaser.
(B) May collect additional amounts from a purchaser if the purchaser cancels an approved order if deposits were sent to the factory that are not adequate to cover purchased materials and expenses associated with pre-construction activity for the manufacturer and seller if clearly outlined in the contract.
5.11 A seller is required to retain true copies of all sales contracts, down payment receipts, depository receipts, evidence of delivery documents, and evidence the sale was finalized or terminated for a period of three years.
5.12: A seller is required to inform the buyer of a manufactured home or a tiny home, to be installed on a permanent or temporary foundation in an area of the state without a local building department, that the foundation must be designed by a Colorado licensed design professional. Plans are to be submitted to the Division of Housing for review and approval, and construction is to be inspected and approved by the Division of Housing. This notification may be inserted in the contract, or as an attachment or amendment to the contract, or separate from the contract as long as the homeowner signature is obtained.
Rule 6. Installations of Manufactured Homes and Tiny Homes 6.1 Every manufactured home, as defined by sections 24-32-3302(20), C.R.S., to include a “multi- family structure” as defined in Rule 1.17, or a tiny home as defined by section 24-32-3302(35), C.R.S., that is installed at a temporary or permanent location and is designed and commonly used for occupancy by persons for residential purposes, must display a certificate of installation (insignia) issued by the Division of Housing or an authorized party, certifying that the unit is installed in compliance with the manufacturer’s instructions or the Manufactured Housing Installation Standards adopted by the Division in rules 2.12 through 2.15.
6.1.1 Temporary installations for the purpose of home display prior to use as a residence which will be relocated to another location are exempted from these rules provided these installations are for display use only with no type of occupancy.
6.1.2 Except where specifically excluded from Rule 6, all installation standards apply to manufactured homes and tiny homes.
6.2 Prior to beginning the installation of a manufactured home or tiny home, the owner (authorized to install their own home subject to the requirements and limitations of section 24-32-3315(1)(c), C.R.S.) or registered installer who is installing a manufactured home or tiny home must submit a complete and accurate application for an Installation Authorization issued by the Division or certified installation inspector, unless a participating jurisdiction is inspecting and certifying the installation.
6.2.1 Owners or registered installers must display an Installation Authorization at the site of the manufactured home or tiny home, located in any jurisdiction outside the authority of a “participating jurisdiction” as defined in Rule 1.17, to be installed until an installation certification is attached to the manufactured home or tiny home certifying that the installation is in compliance with the manufacturer's installation instructions or the installation standards in rules 2.12 through 2.15 of these rules.
6.2.2 Each authorization for installation will contain the identity of the installer and owner as well as phone number and contact person, and identify the installer as the home owner, or a registered or certified installer. The certificate will also include the name, address, and telephone number of the individual or agency issuing the Installation Authorization.
6.2.3 Owners or registered installers installing a home in a jurisdiction of the state where there is not a local building department must install the home on a foundation that has been designed and stamped by a Colorado licensed design professional and the foundation inspected by the Division of Housing.
6.3 A copy of the manufacturer's instructions must be available at the time of installation and inspection of each new manufactured home or tiny home. The installer is responsible to maintain a copy of the manufacturer’s instructions at the installation site.
6.3.1 Whenever the applicable standard (manufacturer’s instructions, NFPA 225, etc.) for the installation of the manufactured home or tiny home is not present at the time of the inspection, the inspector may fail the inspection and require a re-inspection of the installation. All costs of the inspection and any following re-inspection will be borne by the installer.
6.3.2 Where the manufactured home or tiny home is used or is being relocated, the manufacturer’s instructions will be used if available. If the manufacturer’s instructions are not available, the applicable adopted alternate standard listed in rules 2.12 through 2.15 of these rules will be used for the installation.
6.4 All manufactured homes or tiny homes that are found to be in compliance with installation requirements must have a certification of installation (copper colored 3”x5” insignia for modular and tiny homes or gold colored 3”x5” for multi-family) completed and permanently attached by the inspector making the inspection or a certified installer.
6.4.1 A certification of installation must be affixed at the interior electrical panel or under the sink cabinet.
6.4.2 Application of the certification of installation is evidence that permanent utility service may be established.
6.5 When a manufactured home or tiny home installation is not found in compliance with the applicable manufacturer’s instructions or other applicable standard or approved plans, the installer or manufacturer must be notified in writing by the inspector.
6.5.1 Determination of the responsible party must be to the best of the inspector’s knowledge. Documentation must be provided to the inspector for changing a responsible party.
6.5.2 The inspector may, at the time of the inspection, include in the inspection report instructions for the installer to call for re-inspection at any stage to prevent cover up of any part of the installation requiring re-inspection by the inspector.
6.6 The installer must pay for any repairs required to bring the installation into compliance. The installer will pay for any subsequent inspections required by the Division or certified inspector.
6.7 If a vacant manufactured home or tiny home fails the installation inspection because of conditions that endanger the health or safety of the occupant, the manufactured home or tiny home cannot be occupied. The unsafe manufactured home or tiny home will be visibly posted with a “Red Tag Notice” to prevent occupancy.
6.8 If an installation or subsequent repair of an installation by an installer fails to meet the instructions or standards within the time limit allowed by the inspector, the inspector must notify the installer of the specific violation(s). All installers must correct any installation violations within thirty (30) calendar days of inspection or be subject to the issuance of a “Red Tag Notice”.
6.9 An installer cannot reduce or eliminate their responsibility to perform an “installation” as defined pursuant to section 24-32-3302(16), C.R.S., including without limitation supporting, blocking, leveling, securing, or anchoring a manufactured home on a permanent or temporary foundation system, and connecting multiple or expandable sections of the home. Registration 6.10 Pursuant to sections 24-32-3302(16), 24-32-3302(17), 24-32-3302(31), 24-32-3303(1)(d), 24-32- 3304(1)(d), 24-32-3305(1)(c), 24-32-3315, 24-32-3317(3), 24-32-3319, and 24-32-3320, C.R.S., a person must be actively registered with the Division of Housing before attempting to install a manufactured home or tiny home regardless of whether they are paid for such service, unless exempted from registration requirements pursuant to section 24-32-3315(1)(b) or (c), C.R.S.
6.10.1 Those that are exempted from registration requirements in statute are still required to comply with all provisions of this rule as well as the installation standards provided in rules 2.12 through 2.15 of these rules.
6.11 In order to be eligible for registration, an application meeting the requirements outlined in sections 24-32-3315(2), (3), and (4), C.R.S., must be filed with the Division of Housing, including the following:
6.11.1 Experience; training; education; liability insurance; and letter of credit, certificate of deposit, or bond requirements pursuant to sections 24-32-3315(2), 24-32-3315(4)(b), 24- 32-3315(4)(b.5), and 24-32-3315(4)(c), C.R.S., include the following:
OR
OR
Certification 6.12 Pursuant to sections 24-32-3302(4), 24-32-3315(7)(a), and 24-32-3317(2), C.R.S., a registered installer may apply to the Division of Housing for certification under one of the three following classifications or all three if qualified to do so:
6.12.1 Class IRC – Modular and tiny home only. Submit evidence of five (5) Division-approved installations of manufactured homes and tiny homes built to the building codes adopted by the State Housing Board, completed within an 18-month period.
6.12.2 Class HUD – HUD-code and mobile homes only. Submit evidence of five (5) Division- approved installations of manufactured homes built to the “National Manufactured Housing Construction and Safety Standards Act of 1974”, 42 U.S.C. sec. 5401 et seq., and any standard promulgated by the Secretary of the U.S. Department of Housing and Urban Development (HUD) pursuant to the federal act; completed within an 18-month period.
6.12.3 Class IBC – Multi-family structures. Submit evidence of five (5) Division-approved installations of multi-family structures built to the building codes adopted by the State Housing Board, completed within an 18-month period.
6.13 Evidence of installation must include copies of all inspection reports for each installation issued by the Division of Housing or a certified installation inspector. If in the judgment of the Division, such installer has demonstrated the ability to successfully complete installations of manufactured homes, tiny homes, or multi-family structures in accordance with the requirements of the specific classification they have applied, a certification inspection will be scheduled. Certification will be granted at that classification if the installation is approved.
6.13.1 If the review of the evidence of the installations does not clearly demonstrate the ability to successfully complete installations in compliance with the requirements, the Division may require additional installations to be performed, reviewed, and accepted prior to scheduling a certification inspection.
6.14 A certified installer is authorized by section 24-32-3317(2.3), C.R.S., to independently certify the installation by affixing a certificate of installation (insignia) authorized by the Division after the installation is completed in compliance with all requirements in any county or municipality that is not covered by a participating jurisdiction. Pursuant to section 24-32-3317(2.5), C.R.S., a participating jurisdiction authorizes, inspects, and certifies all installations occurring within its jurisdiction, even those to be performed by a certified installer.
6.14.1 The certified installer must then report that they certified the installation to the Division.
6.14.2 Installations performed by a certified installer do not require an inspection by the Division or a certified inspector. However, pursuant to sections 24-32-3317(2.9) and 24-3317(6), C.R.S., one of the parties identified may request the Division of Housing to inspect an installation performed by a certified installer.
Renewal 6.15 A registered installer is required to timely renew their registration once a year and in compliance with the requirements of section 24-32-3315, C.R.S., in order to continue performing installations in the state of Colorado.
6.15.1 A renewal application filed with the Division of Housing must include evidence of completing four hours of approved continuing education in compliance with the education requirements listed further down in these rules.
6.16 A certified installer must timely and completely renew their registration with the Division of Housing as required above in Rule 6.15 in order to maintain their certification. A certification will automatically expire if a registration is not successfully renewed. Education 6.17 The Division of Housing will review all educational courses submitted and will grant course approval in writing. The Division of Housing may audit courses and may request from each entity offering a Division-approved course, all instructional material and attendance records as may be necessary for an investigation. Failure to comply may result in the withdrawal of Division approval of the course.
6.18 All continuing education courses must contain at the minimum the following instructional material:
(A) Blueprint reading and comprehension.
(B) Discussion of structural issues. For example: hinged roofs, cape cod roofs, marriage line fastening and support, foundation sizing, etc.
(C) A review of Colorado law, rules and/or policies as they pertain to the technical issues being discussed at the training.
6.19 All continuing education courses may be offered and completed by distance learning.
6.20 The following course format and administrative requirements apply to all Colorado continuing installation education for installers and inspectors:
(A) Courses must be at least one hour in length and contain at least 50 instructional minutes per course hour.
(B) A maximum of eight-hours of credit may be earned per day.
(C) No course may be repeated for credit in the same registration period.
(D) Instructors may receive credit for classroom teaching hours once per course taught per year.
(E) A volunteer member of the State Housing Board’s Technical Advisory Committee (TAC) may receive credit for participating in the process of recommending rule amendments/adoptions once per year.
(F) Hours in excess of the required amount may not be carried forward to satisfy a subsequent renewal requirement.
(G) No school/provider may waive, excuse completion of, or award partial credit for the full number of course hours.
6.21 Each Colorado installer or inspector is responsible for securing from the provider evidence of course completion in the form of an affidavit or certificate of attendance. Documentation must be in sufficient detail to show the name of the licensee, course subject, content, duration, date(s), and contain the authentication of the provider.
6.21.1 For distance learning an affidavit of completion signed under penalty of perjury is the only acceptable proof.
6.21.2 In person courses may have a certificate signed by the instructor at the end of the course.
6.21.3 Installers and inspectors must retain proof of continuing education completion for three years, and provide said proof to the Division upon request.
6.22 Each approved education provider must retain copies of course outlines or syllabi and complete attendance records for a period of three years.
6.23 Continuing education providers must submit an application form along with the following information at least 30-days prior to the proposed class dates:
(A) Detailed course outline or syllabus, including the intended learning outcomes, the course objectives, and the approximate time allocated for each topic.
(B) A copy of the course exam(s) and instructor answer sheet if applicable. In the absence of an exam, the criteria used in evaluating a person’s successful completion of the course objectives.
(C) Copy of instructor teaching credential; if none, a resume showing education and experience which evidence the mastery of the material to be presented.
(D) A copy of advertising or promotional material used to announce the offering.
(E) Upon Division request, a copy of textbook, manual, audio, videotapes, or other instructional materials.
6.24 By offering installation continuing education in Colorado, each provider agrees to comply with relevant statutes and rules and to permit the Division of Housing to audit courses at any time and at no cost.
Inspectors 6.25 Pursuant to sections 24-32-3302(15), 24-32-3315(7)(b), 24-32-3317(2), 24-32-3317(5)(a), 24-32- 3317(6), 24-32-3317(7), 24-32-3317(8), 24-32-3317(9), and 24-32-3322, C.R.S., the Division may authorize independent contractors to perform installation inspections and enforcement of proper installation of manufactured homes and tiny homes.
6.26 Pursuant to section 24-32-3317(8), C.R.S., the Division of Housing establishes the following qualifications and area of expertise necessary for inspecting manufactured homes and tiny homes as acceptable in addition to the qualifications and requirements already listed in the statute:
(A) Class IRC and HUD - when inspecting the installation of mobile, manufactured HUD-code homes, or IRC modular homes or tiny homes:
(B) Class IBC - when inspecting the installation of multi-family structures:
6.27 The Division of Housing may revoke the certification of any inspector who fails to maintain the minimum requirements for the certification, has a conflict of interest impairing their ability to make impartial inspections, or if investigation of complaints by the Division reveals that the inspector has repeatedly failed to enforce the requirements of these rules.
6.28 A certified inspector may not perform inspections where the inspector has a conflict of interest that may impair their ability to make fair and impartial inspections.
6.29 A certified inspector is required to renew their certification every three (3) years in compliance with section 24-32-3317(8), C.R.S.
6.29.1 A renewal application filed with the Division of Housing must include evidence of completing four hours of approved continuing education for each of the three years (total of 12 hours) in compliance with the education requirements listed further up in these rules.
6.30 Where a local jurisdiction has established a building department, the building official or other approved authority may make a written request to be the exclusive independent installation inspection agency within their legal boundaries as a “participating jurisdiction”.
6.30.1 When granted by the Division of Housing, all manufactured home or tiny home installation inspections in that area will be made by that participating jurisdiction’s certified installation inspectors or by a certified installation inspector approved by the jurisdiction.
6.30.2 Division inspectors or Division designated independent inspectors may perform inspections within the participating jurisdiction in response to a complaint. Rule 7. Enforcement This rule clarifies the enforcement actions available to the Division of Housing pursuant to sections 24-32- 3307, 24-32-3308(1), 24-32-3311(a.3), 24-32-3313, 24-32-3315(5), 24-32-3315.5(2), 24-32-3317(2.9), 24-32-3317(3)(a), 24-32-3317(3)(b), 24-32-3317(9), 24-32-3320, 24-32-3324(2), 24-32-3325(3), or 24-32- 3326(2), C.R.S..
7.1 The Division of Housing may deny, suspend, fine, or revoke a registration or certification after notice and hearing pursuant to sections 24-4-104 & 24-4-105, C.R.S., whenever a violation of any provision of these regulations or statutes occurs, or when a registration or certification is issued on the basis of incorrect information supplied by the applicant.
7.1.1 A person or entity with a registration or certification that is revoked may not apply for a new registration or certification until at least one (1) year has passed from the date it went into effect and must comply with any remediation requirements imposed by the Division of Housing.
7.1.2 The Division may, in its discretion, seek the summary suspension of a registration or certification under § 24-4-104(4)(a), C.R.S., if the Division concludes that the registered or certified entity or individual has committed deliberate and willful violations of Colorado law or if the public health, safety, or welfare imperatively requires emergency action.
7.2 A certified inspector that knows of an installation that is in default and has not been corrected by subsequent repair must request that the Division investigate the installation. The Division may revoke, suspend, or fail to renew the registration of the installer and cause the forfeiture of the installer’s surety bond on behalf of the owner of the manufactured home for failing to comply with the Division's standards regarding installation of a manufactured home.
7.3 The Division may investigate complaints filed against manufacturers, sellers, or installers as necessary to enforce and administer these regulations.
7.4 The Division may designate a certified inspector to perform inspections on behalf of the Division to aid in the investigation of consumer complaints.
7.5 In the event the Division of Housing receives funds from the forfeiture of a letter of credit, certificate of deposit, or surety bond, pursuant to (i) section 24-32-3315(2), C.R.S., or (ii) section 24-32-3324(2), C.R.S., the Division of Housing shall distribute those funds to the individual entitled to the funds pursuant to those statutes. If more than one person is eligible to make a claim, then the Division of Housing is required to pro rate the total amount of the letter of credit, certificate of deposit, or surety bond among all known claimants using the following formula: Take the eligible amount paid by each verified claimant and divide it by the total dollar amount of eligible payments received by the registered installer or seller from all verified claimants, and multiply it by the amount recovered from the letter of credit, certificate of deposit, or surety bond to get the specific amount the claimant will receive of the total amount available to all claimants. APPENDIX A APPENDIX B DEGREE DAYS AND DESIGN TEMPERATURES FOR COLORADO CITIES AND TOWNS Heating Design Temperatures°F Elevation Location Degree Days Winter Summer (feet)
97½% DB 2½% WB 2½% above sea 1 Alamosa 8749 -16 82 61 7546 2 Aspen 9922 -1 81 59 7928 3 Boulder 5554 2* 91 63 5385 4 Buena Vista 8003 -1 83 58 7954 5 Burlington 6320 2 95 70 4165 6 Canon City 4987 8 90 64 5343 7 Cheyenne Wells 5925 1 97 70 4250 8 Colorado Springs 6415 2 88 62 6012 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 Creek 7401 -6 86 63 6843 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 * Per Local. 8° per 1985 ASHRAE DEGREE DAYS AND DESIGN TEMPERATURES FOR COLORADO CITIES AND TOWNS Heating Design Temperatures°F Elevation Location Degree Days Winter Summer (feet)
Degrees North Latitude may be obtained at www.ncdc.noaa.gov DEGREE DAYS AND DESIGN TEMPERATURES FOR COLORADO CITIES AND TOWNS Heating Design Temperatures°F Elevation Location Degree Days Winter Summer (feet)
97½% DB 2½% WB 2½% above sea 42 Pagosa Springs 8548 -9 85 61 7079 43 Pubelo 5413 0 95 66 4695 44 Rangely 7328 -8 93 62 5250 45 Rifle 6881 0 92 63 5345 46 Saguache 8781 -3 82 61 7697 47 Salida 7355 -3 84 59 7050 48 San Luis 8759 -10 84 60 7990 49 Silverton 11064 -13 77 56 9322 50 Springfield 5167 3 95 71 4410 51 Streamboat Springs 9779 -16 84 61 6770 52 Sterling 6541 -2 93 66 3939 53 Trinidad 5339 3 91 65 6025 54 Uravan ------ 8 97 63 5010 55 Vail 9248 -14 78 59 8150 56 Walden 10378 -17 79 58 8099 57 Walsenburg 5438 1 90 63 6220 58 Wray 6160 -1 95 69 3560 59 Yuma 5890 -2 95 69 4125 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 _________________________________________________________________________ Resolutions 10, 34, 35, 36, and 38 repealed and replaced with this new rule, adopted on May 8, 2018, and effective July 1, 2018.
Rule 1.23 was created; Rules 1.24 and 1.25 were renumbered; Rules 2.1 and 2.1.1.1 were amended; Rules 2.2, 2.2.1, and 2.2.2 were amended; Rules 2.2.25, 2.2.26, and 2.2.27 were created; Rule 2.4 was amended; Rules 2.5 and 2.5.2 were amended; Rule 2.6 was amended; Rules 2.7.1, 2.7.4, and 2.7.7 were amended; Rule 4.1 was amended; Rule 4.21 was amended; Rule 4.23 was amended; and Rule 4.24 was amended. These changes were adopted on October 8, 2019, and are effective November 30, 2019. Rule 7.3 was amended; Rule 7.5 was repealed and subsequent rules renumbered, and Rule 7.7 was created. These changes were adopted on July 14, 2020, and are effective September 14, 2020. Rules 1.13, 7.1, and 7.2 were deleted. Rules 1.6, 1.9, 2.5.3., 5.8, 5.9, 6.11.1, 6.12.3, 6.15.1, 6.26(B), and 6.29.1 are new. Rules 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.11.1, 1.11.2, 1.12, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.20, 1.21, 1.22, 1.23, 1.24, 1.25. 1.26, 1.26.1, 1.26.2, 7.3, 7.4, 7.5, 7.6, and 7.7 were re-numbered. Rules 1.1, 1.4, 1.5.2, 1.9, 1.12.1, 1.15, 1.17, 1.18, 1.21, 1.25, 1.26.2(C), 2, 2.1.1.1, 2.5, 2.12, 3.1.3, 3.7, 4.1, 4.14, 4.15.1, 5, 5.1, 5.1.1, 5.1.2, 5.2, 5.3, 5.3(A), 5.3(B), 5.3(C), 5.4, 5.6, 6.1, 6.2, 6.2.1, 6.2.2, 6.3, 6.3.2, 6.5, 6.9, 6.10, 6.10.1, 6.11, 6.12, 6.12.1, 6.12.2, 6.13, 6.14, 6.14.1, 6.14.2, 6.15, 6.16, 6.26(A), 6.27, 6.28, 6.29, 7.1, 7.1.1, 7.1.2, and 7.5 were amended. These changes were adopted on July 13, 2021, and are effective August 30, 2021.
Title and subtitles changed to incorporate HB22-1242 modifications. Deleted Rules 2.5.1.1.(A). 7.7.2 Added Rules 1.4, 1.11, 1.19, 1.26, 1.31, 1.32, 1.33, 2.2.13, 3.1.6, 3.6.2(B), 3.6.2(C), 3.6.5(C), 3.6.5(D), 4.5, 4.5.1, 4.5.2, 4.5.2(1), 4.5.2(2), 4.6, 4.12.1, 4.12.2, 4.12.3, 4.12.4, 4.12.5, 4.12.6, 4.12.6.1, 4.15.1, 4.15.2, 4.15.3, 4.17.3, 4.17.4, 4.17.5, 4.24, 4.25, 4.27.5, 4.27.6, 5.2, 5.7, 5.12, 5.12.1, 6.1.2, 6.2.3, 7.1.2. Amended Rules: 1.2, 1.6.2, 1.6.3, 1.8, 1.10, 1.13, 1.13.1, 1.13.2, 1.15, 1.18, 1.20, 1.22, 1.27, 1.29, 2.1.9, 2.2.1, 2.2.11, 2.2.12, 2.2.17, 2.2.27, 2.12, 2.13.1.1, 2.14.1, 2.14.2, 2.14.2.1.1, 2.14.2.2, 3.1, 3.85, 4.2, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.14.1, 4.15, 4.16, 4.17.1.1, 4.17.2, 4.21, 4.22, 4.26, 4.26.1.1, 4.26.1.2, 4.26.1.3, 4.27.2, 4.27.3, 4.28, 4.32.1, 4.32.3, 4.32.4, 4.32.5, 4.32.8, 4.32.9, 5.1.1, 5.3, 5.4, 5.10, 6.1, 6.2, 6.2.1, 6.3, 6.3.1, 6.3.2, 6.4, 6.6, 6.7, 6.10, 6.11.1.1, 6.11.1.2, 6.12.1, 6.13, 6.25, 6.26, 6.30.1, 7.2, 7.5. The following rules were renumbered 1.4, 1.5, 1.6, 1.6.1, 1.8, 1.12, 1.13, 1.15, 1.20, 1.24, 1.26, 1.26.1, 1.26.2(A), 1.26.2(B), 1.25.2(C), 2.2.13, 2.2.14, 2.2.15, 2.2.16, 2.2.17, 2.2.18, 2.2.19, 2.2.20, 2.2.21, 2.2.22, 2.2.23, 2.2.24, 2.2.25, 2.2.26, 2.2.27C4.11.2, 4.14, 4.14.1, 4.15, 4.16, 4.16.1, 4.16.1.1, 4.17, 4.19.1, 4.20, 4.21.1, 4.21.3.1, 4.21.2.1, 4.21.2.2, 4.21.2.3, 4.21.2.3, 4.21.2.4, 4.21.3.1, 4.21.4, 4.22.1, 4.22.2, 4.22.3, 4.22.4, 4.22.4.1, 4.22.5, 4.23, 4.24, 4.24.1, 4.24.2, 4.24.3, 4.24.3.1, 4.25, 4.26, 4.27, 4.27.2, 4.27.6, 4.27.7, 4.27.10, 4.27.11, 4.27.11.1, 4.27.11.2, 5.4, 5.5, 5.6, 5.7, 5.9. These changes were adopted on 5/9/2023 and are effective 7/1/2023.
_________________________________________________________________________ Editor’s Notes History New rule eff. 07/01/2018.
Rules 1.23-1.25, 2.1, 2.1.1.1, 2.2, 2.2.1, 2.2.2, 2.2.25-2.2.27, 2.3, 2.4, 2.5, 2.5.2, 2.6, 2.7.4, 2.7.7, 4.1, 4.21, 4.23, 4.24 eff. 11/30/2019.
Rules 5.8, 6.15, 7.8, 7.9 emer. rules eff. 04/01/2020; expired 07/30/2020. Rules 5.8, 6.15.1, 7.3, 7.5-7.8 emer. rules eff. 05/12/2020; expired 09/09/2020. Rule 7.5 repealed emer. rule eff. 05/12/2020; expired 09/09/2020.
Rules 5.8, 6.15.1 emer. rules eff. 06/09/2020.
Rules 5.8, 5.8.1, 6.15.1, 6.15.1.1 emer. rules eff. 07/14/2020. Rules 5.8, 5.8.1, 6.15.1, 6.15.1.1 emer. rules eff. 09/08/2020; expired 01/06/2021. Rules 7.3, 7.5-7.7 eff. 09/14/2020. Rule 7.5 repealed eff. 09/14/2020. Rules 5.8, 5.8.1, 6.15.1, 6.15.1.1 emer. rules eff. 04/13/2021. Rules 5.8, 5.8.1, 6.15.1, 6.15.1.1 emer. rules eff. 05/11/2021; expired 09/08/2021. Rule 2.5.3 emer. rule eff. 07/13/2021.
Rules 1, 2.1.1.1, 2.5, 2.5.3, 2.12, 3.1.3, 3.6, 3.7, 4.1, 4.7, 4.14, 4.15.1, 4.25, 4.26, 4.27.8, 4.27.9, 4.27.11.1, 5, 6, 7 eff. 09/14/2021.
Entire rule eff. 06/30/2023.
Rule 2.15.3 emer. rule eff. 10/24/2023; expired 02/21/2024. Rule 2.15.3 eff. 04/15/2024.