DEPARTMENT OF LOCAL AFFAIRS NON-RESIDENTIAL AND RESIDENTIAL FACTORY-BUILT STRUCTURES; SELLERS OF MANUFACTURED HOMES;

MANUFACTURED HOME INSTALLATIONS; AND HOTELS, MOTELS, AND MULTI-FAMILY DWELLINGS 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 1.24.2 below) approved by the Division of Housing.

1.2 “Alternative Construction” or “AC” means additional construction and/or modification of the factory-built structure that directly relates to durability, quality, and safety and that is completed at the site using components shipped with the factory-built structure as reflected in the plans for the structure and approved by the Division of Housing.

1.3 “Authority Having Jurisdiction” or “AHJ” means the local building department with oversight over where the structure is to be located.

1.4 “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 dwellings in those areas of the state where no such standards exist.

1.5 “Certified Inspector” means one of the following individuals authorized by the Division of Housing:

1.5.1 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, 1.5.2 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. 1.24.2 of these rules, or

1.5.3 A Colorado licensed engineer that is authorized by the Division of Housing to perform an alternative construction inspection and oversight factory inspection.

1.6 “Conflict of Interest” means when there is personal or private interest(s) sufficient to influence or appear to influence the proper exercise of duties and/or responsibilities.

1.7 “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.

1.8 “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 1.24 below).

1.9 “HUD 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.

1.10 “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.

1.11 “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:

1.11.1 An “insignia of approval” pursuant to sections 24-32-3311(1) and 24-32-3311(4), C.R.S., issued by the Division of Housing or an “authorized quality assurance representative” pursuant to sections 24-32-3302(1) and 24-32-3303(1)(c), C.R.S., verifying that a factory- built structure is designed and constructed in compliance with the requirements of all state or local ordinances or rules, including those for electrical and plumbing.

1.11.2 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, verifying compliance with the manufactured home installation standards established by the State Housing Board in Rule 2 of these rules.

1.12 “Installation Authorization” means a notice posted on the site of an installation verifying that the home owner or registered installer has made application with the Division of Housing to install a manufactured 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 his/her certified status.

1.13 “Local Jurisdiction” as used in the definition of an “independent contractor” pursuant to section 24-32-3302(15), C.R.S., means a “participating jurisdiction” (defined in Rule 1.17 below).

1.14 “Multi-family” means a structure containing three or more dwelling units or a bed and breakfast dwelling that has six or more guest rooms.

1.15 “Occupancy” or “Occupied” means a factory-built structure or manufactured home designed, built, modified, and/or used with the intent for individuals to enter.

1.16 “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.

1.17 “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 installation standards established by the State Housing Board in Rule 2 of these rules.

1.18 “Permanent Foundation” means a supporting system that will provide stability based on designed point loads of the building and will prevent lateral movement and overturning of the structure. The system must be designed by a licensed professional engineer.

1.19 “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.

1.20 “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 1.24 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.

1.21 “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, and/or these rules. A structure posted with this notice cannot be sold, offered for sale, nor have occupancy in Colorado.

1.22 “State Administrative Agency” or “SAA” means the Building Codes and 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.

1.23 “Temperature Sensitive Equipment” means equipment or instrumentation whose performance and/or lifespan can change due to changes in the ambient temperature surrounding that equipment or instrumentation.

1.24 “Temporary Foundation” means a foundation not considered a “permanent foundation” as defined in Rule 1.18 of these rules.

1.25 “Third Party Agency” means one of the following entities authorized by the Division of Housing:

1.25.1 “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 1.25.2 “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. A. Inspect a manufacturer’s registered or certified facility by conducting a “production review” pursuant to section 24-32-3302(28), C.R.S., in order to determine its ability to follow a building “plan” approved by the Division of Housing and the construction standards and codes adopted by the State Housing Board, evaluating a manufacturer’s “quality control procedures”, and performing design evaluations for manufactured housing units;
2. B. Inspect a factory-built structure at seller lots and/or on site as part of an oversight inspection of a registered factory, random audit inspection of a certified factory, or an alternative construction inspection to ensure compliance with construction standards and codes adopted by the State Housing Board; and C. Certify a manufacturer’s factory-built structure by affixing an insignia of approval issued by the Division of Housing deeming it to be designed and constructed in compliance with the requirements of all ordinances or rules, including those for electrical and plumbing, enacted or adopted by the state or by any local government.

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, and/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 321, 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 Modular Homes; Factory-Built Nonresidential Structures; and Hotels, Motels, and Multi-family Dwellings 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 and Standards Section 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

1. Add the following exceptions prior to “Building:”
2. 2.1.1.1 Equipment Enclosures:
   1. One story detached buildings designed to protect equipment from heat, weather elements, or damage that:
      1. - Do not exceed 500 sq. ft., - Are not connected to a permanent source of power, - Are not classified as an electrical hazardous area per Article 500 of the NEC (is a nonhazardous area), and - Are not installed on a permanent foundation.
3. 2.1.1.2 Building Components:
   1. A building component, assembly, or system constructed in the factory as open construction (see definitions).

   The above exemptions from approval through the State factory-built program do not grant any exemption from local jurisdiction requirements or state electrical or plumbing requirements. The above exemptions do not grant authorization for any work to be done in a manner that is in violation of the provisions of the adopted codes.

2.1.2 Section 901.2 Fire Protection systems

1. Add the following new section:
2. 2.1.2.1 Section 901.2.1 Certified inspector required
   1. An automatic fire sprinkler system shall be installed in buildings as required by the local jurisdiction where the structure will be set. Final tests required by this Section shall be approved by a certified inspector as required by a local jurisdiction. The inspector must be either an employee of the fire department having jurisdiction or another qualified individual with prior approval of the Colorado Division of Fire Prevention & Control.

2.1.3 Section 907.2.10.2 (1) Smoke Alarms – Location

1. Revise “immediate vicinity” to read “within 15 feet”.

2.1.4 Section 907.2.10.6 Smoke Alarms – Power Source

1. Add to the end of the paragraph the following:

   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

1. Revise “immediate vicinity” to read “within 15 feet”.

2.1.6 Section 915.4.1 Carbon monoxide alarms – Power Source

1. Add to the end of the paragraph the following:

   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

1. Replace the words “top of the sill” with “bottom of the clear opening”.

2.1.8 Chapter 13

1. Delete in its entirety.

2.1.9 Section 1507.1.1 Ice barriers

1. Add the following sentence at the beginning:

   An ice barrier is required where stated throughout Section 1507 due to a history of ice forming along eaves in Colorado.

   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

1. Revise to read as follows:

   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

1. Add this new section with the following language:

   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

1. Add this new section with the following language:

   Every new fireplace must comply with one of the following:

2. 1. Listed and labeled fireplace and chimney systems composed of factory-made components, and assembled in the field in accordance with the manufacturer’s instructions and the conditions of the listing, and 2. Approved gas logs.

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) -

1. Revise as follows:
   1. Climatic or Geographic Design Division of Housing Minimum Criteria for IRC Dwellings (Risk Category II Structures)

      Roof Snow load(1) 30 psf, non-reducible Basic Wind Speed(1) 115 mph (Vult), Exposure C Wind Topographic Effects Per Local Seismic Design Category(1) Minimum B Weathering Severe Frost Line Depth Per Local Termite Damage Slight Winter Design Temperature(2) Per Local Ice Barrier Underlayment Yes Requirement Flood Hazards Per Local Air Freezing Index(3) Per Local Mean Annual Temperature(3) Per Local (1)The roof snow load, wind design, and seismic zone shall be in accordance with the local jurisdiction requirements and shall not be less than the minimums stated. The allowable increase for snow duration shall not be used when the snow load is above 65 PSF. (2)See Appendix B and verify with local jurisdiction.

(3)See the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32o Fahrenheit)” at www.ncdc.noaa.gov.

2.2.2 Table R301.5 – Live Loads

1. Add footnote (j) to Decks, Porches, Exterior balconies, Fire escapes to read as follows: (j)When the snow load is above 65 psf, the minimum uniformly distributed live loads for exterior balconies, decks and fire escapes shall be as required for roof snow loads.

2.2.3 Table R302.1 (1) – Exterior Walls

1. Delete footnote (b).

2.2.4 Table R302.1 (2) – Exterior Walls—Dwellings with Fire Sprinklers

1. Delete footnote (c).

2.2.5 Section R308.4.6 Glazing adjacent to stairs and ramps

1. Revise to include the following sentence as an exception:
2. 1. Where the glazing is protected by a guard complying with Section R312 and the plane of the glass is more than 18 inches (457 mm) from the guard.

2.2.6 Section R308.4.7 Glazing adjacent to the bottom of the stair landing

1. Revise to increase to less than 60 inches (1524 mm) above the landing.

2.2.7 Section R310.1 Emergency escape and rescue opening required

1. Add a second sentence that reads as follows:

   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

1. Replace the word “sill” with the word “opening” in the section title and replace the word “sill” with “window opening”.

2.2.9 Section 311.7.12 Ships ladders

1. Add the following sentence to the end of the Exception: The device must remain fixed in position when used in these areas.

2.2.10 Section R312.2.1 Window sill heights

1. Replace the word “sill” with the word “opening” in the section title and delete the words “the sill of”.

2.2.11 Section R313 Automatic Fire Sprinkler Systems

1. Delete this section and replace it with the following:

   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. 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

1. Revise “immediate vicinity” to read “within 15 feet”.

2.2.13 Section 314.6 Smoke Alarms – Power Source

1. Add to the end of the paragraph the following:

   Smoke and/or carbon monoxide alarms shall not be installed on a circuit dedicated only for smoke and/or carbon monoxide alarms.

2.2.14 Section 315.3 Carbon monoxide alarms – Locations

1. Revise “immediate vicinity” to read “within 15 feet”.

2.2.15 Section 315.6 Carbon monoxide alarms – Power Source

1. Add to the end of the paragraph the following:

   Smoke and/or carbon monoxide alarms shall not be installed on a circuit dedicated only for smoke and/or carbon monoxide alarms.

2.2.16 Section R802.10 Wood trusses

1. Add the following new section:

   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.

2.2.17 Section R905.1.2 Ice barriers

1. Revise to read as follows:

   An ice barrier is required, where stated throughout Section R905, due to a history of ice forming along eaves in Colorado. 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.

2.2.18 Section R1004.4, G2406.2 exceptions 3 and 4, G2425.8 #7, G2445

1. Delete all and replace with the following:

   Unvented fuel fired room heaters and unvented fuel fired fireplaces are prohibited.

2.2.19 Add the following new sections:

1. Section R1001.1and R1004.1 – Fireplaces Every new fireplace must comply with one of the following:
2. 1. Listed and labeled fireplace and chimney systems composed of factory-made components, and assembled in the field in accordance with manufacturer’s instructions and the conditions of the listing, and 2. Approved gas logs.

2.2.20 Section P2503.5.1 Rough plumbing

1. Delete the words “other than plastic” in the sentence for water and air testing.

2.2.21 Chapter 11 ENERGY EFFICIENCY

1. Delete in its entirety.

2.2.22 Section M2001.1 Installation and G2452.2 Installation

1. Add the following sentence:

   All rooms or spaces containing boilers shall be provided with a floor drain and trap primer.

2.2.23 Section G2417.4.1 Test pressure

1. Revise to read as follows:

   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).

2.2.24 Electrical Sections

1. Delete Chapters 34 through 43.

2.2.25 Appendix A – Sizing and Capacities of Gas Piping

1. Adopted.

2.2.26 Appendix P – Sizing of Water Piping System

1. Adopted.

2.2.27 Appendix Q – Tiny Houses

1. Adopted.

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

1. Add the following new section:

   LPG appliances shall not be installed in a pit, basement, or crawl space where unburned fuel may accumulate unless an approved sensing device is installed in conjunction with an automatic shutoff valve located where the gas enters the structure only for retro-fitting of existing structures or as required by the local jurisdiction.

2.3.2 Section 903.1 General

1. Add the following additional sentence:

   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

1. Delete this section in its entirety.

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

1. 2.4.1.1 Section 312.3
   1. Delete the words “Plastic Piping shall not be tested by using air”.

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 2017 edition. The following amendments are made to the NEC for use with all factory-built units:

2.5.1 Article 545 Manufactured Buildings

1. Add the following new section:
2. 2.5.1.1 Section 545.14 Testing
   1. (A) Dielectric Strength Test. The wiring of each factory-built unit shall be subjected to a 1-minute, 900-volt AC or 1273-volt DC dielectric strength test (with all switches closed) between live parts (including neutral) and the ground. Alternatively, the test shall be permitted to be performed at 1080-volts AC or 1527-volts DC for 1 second. This test shall be performed after branch circuits are complete and after wiring devices are installed and wiring properly terminated.
      1. Exception 1: Listed fixtures or appliances shall not be required to withstand the dielectric strength test.
         1. Exception 2: Units wired in Electrical Metallic Tubing or Rigid Metal Conduit.
         2. (B) Continuity and Operational Tests and Polarity Checks. Each manufactured building shall be subjected to:
         3. (1) An electrical continuity test to ensure that all exposed electrically conductive parts are properly bonded;
         4. (2) An electrical operational test to demonstrate that all equipment, except water heaters and electric furnaces, is connected and in working order; and (3) Electrical polarity checks of permanently wired equipment and receptacle outlets to determine that connections have been properly made.

            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

1. Add the following new sentence at the end:

   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.

2.6 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

1. Add the following:

   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

1. Delete all and replace with the following:

   Unvented fuel fired room heaters and unvented fuel fired fireplaces are prohibited.

2.6.3 Section 406.4.1 Test pressure

1. Revise to read as follows:

   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

1. Residential buildings shall meet the provisions of the 2015 IECC—Residential provisions. Commercial buildings shall meet the provisions of the 2015 IECC—Commercial provisions.

   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

1. Add the following definition:

   ZERO-ENERGY BUILDING. A building with zero net energy consumption and zero carbon emissions annually as certified by an approved annual energy use analysis.

2.7.3 Section C402.1.1 Low energy buildings

1. Add the following exemption:
2. 4. Zero-Energy Buildings. Zero energy buildings are exempt from the provisions of the International Energy Conservation Code.

2.7.4 Section C402.1.2

1. Add the following exemption:

   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

1. Delete this section in its entirety.

2.7.6 Section R402.1 Low energy buildings

1. Add the following exemption:
2. 1. Zero-Energy Buildings. Zero energy buildings are exempt from the provisions of the International Energy Conservation Code.

2.7.7 Section R402.4.2.1

1. Revise to add the following exception:

   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. An energy compliance report with the certificate of compliance shall be kept on file with the Quality Assurance Checklist.

   Buildings/dwellings utilizing the Energy Rating Index (ERI) shall meet all requirements of the index including the required air exchanges (3 per hour) and air barrier leakage testing, e.g. blower door, as indicated in other sections of the 2015 International Energy Conservation Code. Buildings and/or dwelling units shall not have an air leakage rate exceeding 5 air changes per hour in climate zones 5 through 7. 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 Housing Installation Standards These standards and guidelines are available through the Division of Housing in the form of the “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 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 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 such as weight restrictions for snow loads or wind shear factors.

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.

1. 2.13.1.1 An installation of a HUD home in this state must be performed in strict accordance with the applicable manufacturer's installation instructions. The value of the allowable bearing capacity of the soil the home will rest on must be recorded by the installer on the Installation Authorization form or other Division- approved form and justification for higher values also provided if it is determined to be other than 1,500 psf.

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

1. 2.14.1.1 Structural attachment requirements approved by a State of Colorado
   1. actively licensed engineer.
2. 2.14.1.2 Current version of the International Residential Code (IRC) as adopted
   1. by the State Housing Board.

2.14.2 Mobile and HUD homes

1. 2.14.2.1 National Fire Protection Association (NFPA) 225, Model Manufactured
   1. Home Installation Standard 2013 Edition, including any revisions, additions, and deletions identified below.
      1. 2.14.2.1.1 Section 4.4.4 Site suitability with home design
         1. Revise to read as follows:

            The installer shall verify data plates provided with a HUD 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.

         2. 2.14.2.1.2 Section 5.3 Fire separation distance

            Revise to read as follows:

            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.

         3. 2.14.2.1.3 Section 5.5.2

            Revise to read as follows:

            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.

         4. 2.14.2.1.4 Section 5.6 Investigation and Bearing Capacity of Soil

            Revise as follows:

            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.

         5. 2.14.2.1.5 Section 5.8.1 Vapor retarder

            Revise as follows:

            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.

         6. 2.14.2.1.6 Section 5.8.3.2

            Revise as follows:

            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.

         7. 2.14.2.1.7 Section 6.2.3.1.2

            Delete this section.

         8. 2.14.2.1.8 Section 6.2.3.1.3.1

            Revise as follows:

            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.

         9. 2.14.2.1.9 Section 6.2.3.1.3.2

            Revise as follows:

            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.

         10. 2.14.2.1.10 Section 6.2.3.2.2.2

             Revise as follows:

             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.

         11. 2.14.2.1.11 Section 6.2.3.2.3.1

             Revise as follows:

             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.

         12. 2.14.2.1.12 Section 6.2.3.2.3.3

             Revise as follows:

             Hardwood (species identified in the amendment to Section

         13. 6.2.3.2.3.1 above) or treated wood plates shall be used to fill in

             any remaining vertical gap no thicker than 2”. The maximum total gap to be filled with shims and plates shall be 2”.

         14. 2.14.2.1.13 Section 6.2.5.5

             Revise as follows:

             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.

         15. 2.14.2.1.14 Section 6.3.1.2.2

             Delete this section.

         16. 2.14.2.1.15 Section 6.5.2

             Delete this section.

         17. 2.14.2.1.16 Section 7.2

             Revise as follows:

             The home shall be installed and leveled by installation personnel approved by the State of Colorado to install manufactured homes.

         18. 2.14.2.1.17 Section 7.3

             Revise as follows:

             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.

         19. 2.14.2.1.18 Section 7.5 Anchoring Instructions

             Section 7.5.1 Security against the wind Section 7.5.1.1 Revise as follows:

             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.

         20. 2.14.2.1.19 Section 7.5.2 Proprietary Anchorage Systems

             Add the following:

             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:

         21. 1. The system shall be listed by a nationally recognized third-party agency for anchoring manufactured homes.
         22. 2. The system shall be evaluated and approved by a licensed professional engineer.
         23. 3. The system shall be recognized as acceptable for use by the Division of Housing.
         24. 4. The installer shall follow the requirements in the anchorage system installation instructions.
         25. 2.14.2.1.20 Section 7.5.3 Ground Anchor System

             Section 7.5.3.1 Specifications for Tie-Down Straps and Anchors Add 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.

         26. 2.14.2.1.21 Section 7.5.3.2 Number and Location of Anchors

             Section 7.5.3.2.1 Transverse Anchorage Add the following:

             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.

         27. 2.14.2.1.22 Section 7.5.3.2.2 Longitudinal Anchorage

             Add the following:

             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.

         28. 2.14.2.1.23 Section 7.5.3.2.3 Anchor Installation

             Add the following:

             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.

         29. 2.14.2.1.24 Section 7.5.3.2.4 Side wall or over the roof straps

             Add the following:

             If sidewall, over-the-roof, mate-line, or shear wall straps are installed on the home, they must be connected to an anchoring assembly.

         30. 2.14.2.1.25 Section 7.6.3 Expanding Rooms

             Revise as follows:

             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.

         31. 2.14.2.1.26 Section 7.7.4.2

             Revise (2) as follows:

         32. (2) Walls-200.
         33. 2.14.2.1.27 Section 8.1 Installation of Site-Installed Features

             Revise as follows:

             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.

         34. 2.14.2.1.28 Section 8.4

             Delete this section.

         35. 2.14.2.1.29 Section 8.8.3

             Revise as follows:

             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.

         36. 2.14.2.1.30 Section 8.9 Telephone and Cable TV

             Revise as follows:

             Telephone, cable TV, and similar wiring shall be installed per the Authority Having Jurisdiction (AHJ) requirements and the National Electric Code (NEC).

         37. 2.14.2.1.31 Section 9.4 Range, Cooktop, Oven Venting, and other

             Fixtures or Appliances Add new Section 9.4.3 to read as follows:

             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.

         38. 2.14.2.1.32 Section 9.7 Furnace, Water Heater, and other Fuel Fired

             Appliances Add this new section to read as follows:

             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.

         39. 2.14.2.1.33 Section 10.4.2 Orifices and Regulations

             Revise as follows:

             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.

         40. 2.14.2.1.34 Chapter 11 Life Safety Features

             Revise as follows:

         41. 2.14.2.1.34.1 Smoke Alarms

             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.

         42. 2.14.2.1.34.2 Carbon Monoxide Alarms

             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.

         43. 2.14.2.1.34.3 Fire Separation Distance

             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 (HUD—7584), September 1996 Edition, 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.

1. 2.14.2.2.1 Appendix B – Foundation Design Load Tables
   1. Revised as follows:
      1. In the multi-section tables under the marriage wall opening width (ft.), the values given for required effective footings area – Aftg (sq.ft.), shall be divided by 2.

2.15 Upon written request, the Division of Housing will consider modifications to the standards and/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 and/or alternate request.

2.15.1 The Division of Housing may approve any such modification and/or alternate, provided the Division of Housing finds that the proposed modification and/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. 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/Factory: $600.00

3.1.2 Inspection Agency: $250.00

3.1.3 Seller/Dealer: $200.00

3.1.4 Installer: $150.00

3.1.5 Independent Inspector: $450.00

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.)

3.4 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

1. (a) An additional Multi-Box fee is required if the unit has more than 3 boxes – add $25.00 per box, up to a maximum of $1,875.00.

3.6.3 Special inspection fee:

1. (a) In-State: $50.00 per hour, per inspection, plus trip expenses of travel, food, lodging, parking, car-rental, etc., as allowed in state fiscal rules for per diem and travel.
2. (b) Out-of-State units manufactured in Colorado: $350.00 per inspection/unit

3.6.4 Modification inspection fee: $175.00

3.6.5 Installation inspection fee:

1. (a) Rough or Final: $200.00 (b) Re-inspection fee: $200.00

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 dwellings 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/factory.

3.8.5 The Division of Housing may waive fees for plan reviews and unit certifications that are to be subsidized under local, state, or federal housing programs for low-income households, e.g. Habitat for Humanity.

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 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 sections 24-32-3301(1)(a) and 24-32-3301(2)(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 certified through a review of its Quality Control (QC) program and the Quality Control personnel that ensure construction code compliance. It is also based on product grading using “Performance Criteria for Monitoring Manufacturers and Third Party Agencies”. The Division of Housing must be notified of any changes to the QC program and/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.

Registration 4.5 Once issued by the Division of Housing’s Building Codes and Standards Section, a registration is active for one (1) year and must be successfully renewed in order to continue manufacturing structures in the state of Colorado or shipping them into the state.

4.6 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 certification and in-plant inspections of Colorado units. 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. Certification 4.7 A manufacturer must meet the following requirements in order to be eligible for certification for a specific location:

A. Maintain an active Colorado registration for that location, B. Inspected for certification approval on an ongoing basis. Out-of-state manufacturers can ship units to Colorado for field certification inspection by the Division of Housing or a third party agency. Upon completion of certification inspections, a letter recommending certification and a copy of the certification inspection report must be sent by the third party agency to the Division of Housing with a copy to the manufacturer. The Division of Housing will then review the submitted certification inspection report for completeness and accuracy, and review the quality scoring based on the field inspections for certification. The Division of Housing will notify the manufacturer if certification is granted.

4.8 The initial certification that is granted by the Division of Housing’s Building Codes and Standard Section will last until the end of the current registration period. The ongoing certification period is one (1) year. The registration for that specific location must then be successfully renewed in order for that factory to continue manufacturing structures in the state of Colorado or shipping them into the state under a certified status.

4.9 The certification is considered to be ongoing unless conditions warrant immediate removal of it. Conditions for removal of certification are:

4.9.1 The change of a third party agency or change in that entity’s status.

4.9.2 The change of a facility location.

4.9.3 The facility has had insignias of approval removed pursuant to Division of Housing procedures.

4.9.4 The facility has produced less than five (5) Colorado certified factory-built structures in a calendar year.

4.10 A manufacturer demonstrating that it cannot perform within its approval will be placed on a higher frequency of inspection until its performance improves. If its performance does not improve, the Division of Housing may suspend or revoke its certification. Renewal 4.11 Each manufacturer is required to resubmit its Quality Control manual (and when applicable, plans) for approval prior to the registration/certification expiration date that is stamped on the Quality Control manual. This Quality Control manual resubmission is required regardless of when plans are approved or structures shipped. Failure to comply with this requirement will result in that manufacturer’s registered/certified location having to comply with the initial registration/certification inspection requirements.

4.11.1 The registration/certification 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/certification and/or within the registration/certification period shall have the same expiration date as the Quality Control manual.

4.11.2 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 4.12 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.

4.13 Plan approvals are granted to a manufacturer for a specific location and are not transferable to other locations including those of the same manufacturer.

4.14 Applications for plan review and approval must be made on forms supplied by the Division of Housing and must be accompanied by the appropriate fees from Rule 3 of these rules.

4.14.1 The application must include the quality control manual; it must meet or exceed the minimum requirements as specified by the Division of Housing.

1. 4.14.1.1 Alternative construction (AC), as defined in Rule 1.2 of these rules, must be clearly denoted on the submitted plans for determination of the model as an “AC” structure. The manufacturer is required to follow the Division of Housing “Alternative Construction Procedures” when the model is determined to be an
   1. AC. Determination of a model as an AC may happen during plan approval or after plan approval.

4.14.2 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.

4.15 An application will expire and all fees forfeited if it is not completed within 120 days of the initial application date.

4.15.1 Expired applications must be resubmitted as new applications with new application forms, documentation, and fees.

4.16 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.

4.16.1 An approved copy of the quality control manual and plan must be retained at the place of manufacture.

1. 4.16.1.1 They must be kept on file within the specific location of manufacture for the purpose of construction and inspection by Division of Housing inspectors or the third party agency.

4.16.2 All third party agency approvals must be submitted to the Division of Housing for review and oversight approval.

4.17 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.

4.18 Revisions to the approved plan are required where the manufacturer proposes a change in structural, plumbing, heating, electrical, and/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.

4.19 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 factory officer in Rule 4.14.2 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.

4.19.1 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.

4.20 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.

Inspections 4.21 All structures manufactured, sold, or offered for sale in the state of Colorado must display the Division of Housing insignias of approval affixed either by the Division of Housing, a 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 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.

4.21.1 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.

1. 4.21.1.1 Insignias for registered manufacturers will be affixed to each structure only upon final inspection approval by the Division of Housing or a third party agency.
2. 4.21.1.2 Insignias for certified manufacturers will be affixed to Colorado certified structures upon final approval by the manufacturer’s Quality Control manager.
3. 4.21.1.3 Insignias affixed by a third party agency or a certified manufacturer must be reported to the Division of Housing, including the insignia number, type of insignia of approval affixed (residential or commercial), manufacturer, serial number, date of manufacture of the structure, and the first destination of the shipped structure. Upon request from the Division of Housing, a manufacturer is required to provide a copy of its monthly production report.
   1. 4.21.1.3.1 The Division of Housing may elect to not issue additional
      1. insignias of approval to a third party agency or certified manufacturer if all insignias affixed are not timely and completely reported.

4.21.2 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 (residential) 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.

1. 4.21.2.1 For residential only - each additional habitable floor section requires a silver 2”x2” “Additional Floor Tag” insignia.
2. 4.21.2.2 For commercial only – an approved modification requires a green/silver
   1. 3”x5” “Modification” insignia.
3. 4.21.2.3 For commercial only – components of a structure requires a purple 3”x5” “Component-only” insignia.
4. 4.21.2.4 Both – factory-built structures inspected for another state requires a
   1. green 2”x2” “Inspection-only” insignia.

4.21.3 The primary insignia 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.

1. 4.21.3.1 The primary insignia must contain the serial number, date of
   1. manufacture, wind design speed, roof design load, seismic zone, and construction codes.

4.21.4 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.

4.22 Whenever an 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. All rework performed to correct deficiencies found with factory construction must be paid by the factory.

4.22.1 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.

4.22.2 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.

4.22.3 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.

4.22.4 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.

1. 4.22.4.1 Multiple violations may result in the Division of Housing suspending plan reviews submitted by the manufacturer until all issues are addressed.

4.22.5 A “Red Tag Notice” may be removed only by an authorized representative of the Division of Housing or the third party inspection agency.

4.23 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 onsite is under the jurisdiction of the local building department.

4.24 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.

4.24.1 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.

4.24.2 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.

4.24.3 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.

1. 4.24.3.1 Another state where a registered/certified manufacturer is located may
   1. act as a third party agency for certifications, in-plant production inspections and evaluations of their Quality Control procedures provided it enters into a memorandum of understanding with the Division of Housing and the manufacturer follows all requirements for that entity.

4.25 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.

4.26 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.

4.27 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.

4.27.1 Approved third party agencies are authorized to conduct certifications, in-plant production inspections, in-plant evaluations of the plant’s Quality Control procedures, review manufacturer engineering manuals, approve plant construction plans, and/or perform alternative construction field inspections, in accordance with Division of Housing approved procedures and documents.

4.27.2 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.

4.27.3 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.

4.27.4 After the Division approves certified status for a manufacturer, 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.

4.27.5 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, and/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 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 be returned to full recertification inspection status.

4.27.6 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.

4.27.7 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.

4.27.8 All manufacturers that use a third party agency, other than another state, to perform production inspections, evaluate Quality Control procedures, approve engineering manuals, and/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:

1. A. Name and address of the entity making application.
2. B. Categories for which the third party agency seeks approval.
3. C. A list of key personnel, with resumes, indicating their primary functions or duties.
4. D. The number of years the entity has actively engaged in the business for which it seeks approval.
5. E. A statement by the third party agency that it will adhere to all the requirements of the Division of Housing.
6. F. An explanation of its plan review, plant certification, and/or inspection procedures, including copies of the quality assurance and other inspection reports.
7. G. A copy of the third party agency’s International Code Council (ICC), International Accreditation Service Board (IAS), or other Division of Housing approved accreditation certificate as required.
8. H. A copy of the Colorado professional engineer or architect certification for any employee that will be responsible for plan review and approval work as required.
9. I. A copy of the Colorado professional license and/or ICC inspector certifications for all personnel that will be performing in-plant inspections as required.
10. J. Agreement to furnish any other information that the Division of Housing may deem necessary in order to properly evaluate and grant approval.
11. K. A statement that it is independent and does not have any actual or potential conflict of interest and is not affiliated with, influenced by, or controlled by any present or potential client manufacturer in any manner that might affect its capacity to render service or reports of findings objectively and without bias.
12. L. The request must contain the signature of a responsible officer, owner, or partner of the submitting third party agency.
13. M. A list of manufacturers of factory-built structures that are currently inspected.

4.27.9 Third Party Agencies that wish to perform inspections of registered/certified manufacturers and their structures must agree to the following:

1. 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).
2. B. Acceptance of the design evaluation and approval performed by the Division of Housing or third party agency for structures sold into or offered for sale in Colorado.
3. C. Acceptance and use of the Division of Housing’s “Performance Criteria for Monitoring the In-Plant Quality Control Systems of Factory Built Plants” for in- plant inspection agencies.
4. D. Acceptance and use of the Division of Housing “Performance Criteria for Factory- Built Plan Review and Approval” for plan review agencies.
5. E. 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.
6. F. Performance of inspection requirements. Routine inspections include performing inspections of at least a minimum of a rough, final, and/or other inspections and/or tests of alternative construction. Also to notify the Division of Housing when a manufacturer is unable to conform, on a continuing basis, to approved plans, standards, and/or make appropriate corrections to construction code compliance issues.
7. G. Evaluation at the manufacturing facility of code compliance problems resulting from consumer complaints on labeled Colorado units; work with the manufacturer(s) in resolving such complaints by adequately following-up and assisting them in correcting the complaint issue(s) and their production and/or inspection process.
8. H. Provide sixty (60) days notice if no longer interested in fulfilling the above terms, thereby allowing a manufacturer sufficient time to obtain a new third party agency.

4.27.10 Third party agencies may only work in the specific categories for which the Division of Housing has granted approval in writing.

4.27.11 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.

1. 4.27.11.1 The monitoring activities carried out by the Division of Housing will
   1. consist of the following:
      1. A. Performing oversight inspections on structures that are shipped to Colorado or produced in Colorado.
         1. B. Reviewing all records of interpretations of the standards made by the third party agency to determine whether they are consistent and proper.
         2. C. Reviewing inspection reports, records, and other documents to assure that third party agencies are carrying out all their responsibilities as set forth in these rules.
         3. D. Reviewing records to assure that the third party agency is maintaining proper label control and records pursuant to the requirements of this program.
2. 4.27.11.2 The Division of Housing will, upon written request, investigate complaints related to adopted construction code interpretation and enforcement. A written request must identify the third party agency, the location of the structure(s) in question, the nature of the dispute, the code section reference, and all involved parties with contact information. Upon receipt of the request, the Division will contact all parties for a written response to the issues. After any necessary follow up, the Division will issue to all parties an interpretation to resolve the code dispute. The Division’s interpretation may be appealed to the Colorado State Housing Board’s Technical Advisory Committee. The decision of the committee is final.

Rule 5. Sellers, Dealers, Distributors, Retailers of Manufactured Homes Registration 5.1 Sellers, which include dealers, distributors, and retailers, of HUD and modular homes are required to be actively registered at each retail location in Colorado through the Division of Housing.

5.1.1 Advertising or manufactured home sales activities outside of a retail location require a single registration.

5.1.2 A realtor is exempt from this requirement pursuant to section 24-32-3323(4), C.R.S., in addition to others.

5.2 As part of the registration process, a seller is required to establish and maintain an escrow account for all manufactured housing down payments.

5.3 Pursuant to section 24-32-3324, C.R.S., a seller is also required to establish and maintain in the amount of $50,000 one of the following:

A. A letter of credit, B. Certificate of deposit, C. Or surety bond.

5.4 Each registration may have more than one location under a parent company in which case each location will be required to pay the annual registration fee provided in Rule 3 of these rules, and can be under the parent company bond, certificate of deposit, or surety bond.

5.5 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.

Renewal 5.6 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 his or her registration.

5.7 A new application, new letter of credit, certificate of deposit, or surety bond is required to be submitted for the renewed year.

5.8 Governor Jared Polis issued Executive Order D 2020 015 on March 25, 2020, in response to the COVID-19 epidemic in our state. In compliance with section E of his order, this emergency rule grants a temporary extension for any seller’s registration expiring by April 24, 2020, and allows the registered seller to file a renewal application and submit the required renewal payment to the Division of Housing by June 30, 2020.

5.8.1 Notwithstanding the extension granted in Rule 5.8, registered sellers must maintain as current the following:

1. A letter of credit, certificate of deposit issued by a financial institution, or surety bond issued by an authorized insurer in the amount of $50,000 dollars and conditioned upon the person’s refund of any home sale down payment in accordance with the terms of the contract pursuant to which the payment was received. However, the registered seller may delay submitting proof of the continued coverage with their renewal application. Rule 6. Installations of Manufactured Homes

6.1 Every manufactured home installed after the effective date of these regulations 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 Rule 2.

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.

6.2 Prior to beginning the installation of a manufactured home, the owner, or registered or certified installer of a manufactured home must submit a complete and accurate application for an Installation Authorization issued by the Division or certified installation inspector.

6.2.1 Owners, registered, and certified installers must display an Installation Authorization at the site of the manufactured home to be installed until an installation certification is attached to the manufactured home certifying that the installation is in compliance with the manufacturer's installation instructions or the installation standards in Rule 2 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 agency issuing the Installation Authorization.

6.3 A copy of the manufacturer's instructions must be available at the time of installation and inspection of each new manufactured home. The installer must be 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 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 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 Rule 2 of these rules will be used for the installation.

6.4 All manufactured homes that are found to be in compliance with installation requirements must have a certification of installation (copper colored 3”x5” insignia) 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 installation is not found in compliance with the applicable manufacturer’s instructions or other applicable standard or approved plans, the installer and/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 fails the installation inspection because of conditions that endanger the health or safety of the occupant, the manufactured home cannot be occupied. The unsafe manufactured 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 his or her 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 regardless of whether he or she is paid for such service, including a person who installs more than one (1) manufactured home in any twelve-month period, either owned or on real property owned by such person, unless exempted from registration requirements pursuant to section 24-32-3315(1)(b), 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 Rule 2 of these rules.

6.11 In order to be eligible for registration, an application meeting the requirements outlined in section 24-32-3315(6), C.R.S., must be filed with the Division of Housing. 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 two following classifications or both:

6.12.1 Class A – Modular Only. Submit evidence of five (5) Division-approved installations of manufactured homes built to the building codes adopted by the State Housing Board, completed within an 18-month period.

6.12.2 Class B – HUD 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.

6.13 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 in accordance with the requirements of the specific classification he or she has 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 to independently post an “installation authorization” on the installation site and to certify the installation by affixing a certificate of installation (insignia) authorized by the Division after the installation is completed in compliance with all requirements.

6.14.1 The certified installer must then report that he or she 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 24-32-3315(7)(b), 24-32-3317(2), 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 his/her 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 Governor Jared Polis issued Executive Order D 2020 015 on March 25, 2020, in response to the COVID-19 epidemic in our state. In compliance with section E of his order, this emergency rule grants a temporary extension for any installer’s registration or certification expiring by April 24, 2020, and allows the registered or certified installer to file a renewal application and submit the required renewal payment to the Division of Housing by June 30, 2020.

1. 6.15.1.1 Notwithstanding the extension granted in Rule 6.15.1, registered or
   1. certified installers must maintain as current all of the following:
      1. A. Liability insurance in the minimum amount of $1,000,000.
         1. B. A letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer in the amount of $10,000 for the performance of an installation pursuant to the manufacturer’s instructions or standards promulgated by the Division of Housing. However, the registered seller may delay submitting proof of the continued coverage with their renewal application.

6.16 A certified installer must timely and completely renew his or her registration with the Division of Housing as required above in Rule 6.15 in order to maintain his or her 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.

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 as acceptable in addition to the qualifications and requirements already listed in the statute:

A. State of Colorado professional license in engineering or related construction fields.

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 his or her 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 his or her ability to make fair and impartial inspections.

6.29 A certified inspector is required to renew his or her certification every three (3) years in compliance with section 24-32-3317(8), C.R.S.

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 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 7.1 The Division of Housing may deny an application for registration, certification, including renewal, or impose a condition on it, i.e. suspend for a period of time, issue a fine, etc. if it is in violation of statute and/or these rules.

7.1.1 A registered or certified installer may be fined up to $1,000 for each installation performed in violation of statute, these rules, including the standards adopted in Rule 2, or a manufacturer’s installation instructions.

7.2 Pursuant to section 24-32-3307, C.R.S., the Director of the Division of Housing may pursue injunctive relief in District Court against manufacturers that fail to construct structures in accordance with their approved plans and Quality Control manual, fail to correct code violations, fail to comply with C.R.S. 24-32-Part 33, or fail to comply with these rules.

7.3 The State Housing Board may 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 and/or statutes occurs, or when a registration or certification is issued on the basis of incorrect information supplied by the applicant.

7.3.1 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.

7.3.2 An installer whose certification has been revoked may apply for recertification after one

1. (1) year and must submit five (5) new installations for consideration.

7.4 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 or certification 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.

7.5 The Division of Housing must promptly notify the applicant or entity of a denial, suspension, fine, revocation or any other condition(s) imposed. The party may, within sixty (60) days following such action, request a hearing before the State Housing Board. If requested, a hearing must be conducted pursuant to section 24-4-105, C.R.S. Thereafter, the final decision of the Housing Board shall be subject to judicial review in accordance with section 24-4-106, C.R.S.

7.6 The Division may investigate complaints filed against factories, sellers, and/or installers as necessary to enforce and administer these regulations.

7.7 The Division may designate a certified inspector to perform inspections on behalf of the Division to aid in the investigation of consumer complaints.

7.8 In the event the Attorney General obtains payment under a letter of credit, certificate of deposit, or surety bond pursuant to section 24-32-3324(2), C.R.S., the Attorney General may transfer such funds to the Division of Housing for distribution in a manner consistent with Rule 7.8.1.

7.8.1 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., and Rule 7.8, 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 Office of the Attorney General is required to pro rate the total amount of the letter of credit, certificate of deposit, or surety bond among all claimants using the following formula:

1. Take the amount paid as a deposit by each verified claimant and divide it by the total dollar amount of deposits owed by the registered seller to 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.

7.9 Within one week of entering into a contract for the purchase of a manufactured home, a registered seller must demonstrate compliance with the requirements of sections 24-32-3324(1) and 24-32-3325(1)(b), C.R.S. Compliance is demonstrated by providing to both the purchaser and the Division of Housing a signed statement or other proof from the bank or trust verifying compliance with sections 24-32-3324(1) and 24-32-3325(1)(b), C.R.S., in a manner deemed satisfactory by the Division of Housing.

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)

97½% DB 2½% WB 2½% above sea 20 Ft. Collins 6368 -4 91 63 5001 21 Ft. Morgan 6460 -5 92 65 4321 22 Fraser 9777 -22 76 58 8560 23 Glenwood Springs 7313 5 91 63 5823 24 Granby 9316 - --- --- 7935 25 Grand Junction 5548 7 94 63 4586 26 Greeley 6306 -5 94 64 4648 27 Gunnison 10516 -17 83 59 7664 28 Holyoke 6583 -2 97 69 3746 29 Idaho Springs 8094 0 81 59 7555 30 Julesburg 6447 -3 98 69 3469 31 Kit Carson 6372 -1 98 68 4284 32 Kremmling 10095 -19 85 59 7359 33 La Junta 5263 3 98 70 4066 34 Lamar 5414 0 98 71 3635 35 Last Chance ------ -2 92 65 4790 36 Leadville 11500 -14 81 55 10,152 37 Limon 6961 0 91 65 5366 38 Longmont 6443 -2 91 64 4950 39 Meeker 8658 -6 87 61 6347 40 Montrose 6393 7 91 61 5830 41 Ouray 7639 7 83 59 4695 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 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. Emergency Rules 5.8, 6.15.1, 7.8, and 7.9 adopted and effective April 1, 2020. _________________________________________________________________________ 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.