As used in this part 9, unless the context otherwise requires:

1. (1) Gas-fueled appliance means a furnace, HVAC system, boiler, water heater, oven, stove, or dryer that directly combusts a gaseous or liquid fuel to provide services within a home.

2. (2) Heat pump means an electrical device that uses a refrigeration cycle to:

   1. (a) Heat the internal space of a structure by transferring thermal energy from outside of the structure to inside the structure; or
   2. (b) Cool the internal space of a structure by transferring thermal energy from the inside of the structure to the outside of the structure.
3. (3) Home warranty service company or company means any person that undertakes a contractual obligation on a new or preowned home through a home warranty service contract.

4. (4)

   1. (a) Home warranty service contract means any contract or agreement whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home:

      1. (I) Structural components, such as the roof, foundation, basement, walls, ceilings, or floors;
      2. (II) Utility systems, such as electrical, air conditioning, plumbing, HVAC, and heating systems, including furnaces; and
      3. (III) Appliances, such as stoves, washers, dryers, and dishwashers.

   2. (b) Home warranty service contract does not include:

      1. (I) Any contract or agreement whereby a public utility undertakes for a predetermined fee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (4)(a)(II) or (4)(a)(III) of this section; or
      2. (II) A builder's warranty provided in connection with the sale of a new home.
5. (5) HVAC system means a heating, ventilation, and air conditioning system.
6. (6) Person includes an individual, company, corporation, association, agent, and every other legal entity.

7. (7) Preowned means any of the following that is occupied as a residence and not owned by the builder-developer or first occupant:

   1. (a) A single-family residence;
   2. (b) A residential unit in a multiple-dwelling structure; or
   3. (c) A mobile home on a foundation.

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 715, § 1, effective October 1. L. 2023: Entire section amended, (HB 23-1134), ch. 43, p. 165, § 2, effective August 7.

Editor's note: This section is similar to former § 12-61-602 as it existed prior to 2019.

Cross references: For the legislative declaration in HB 23-1134, see section 1 of chapter 43, Session Laws of Colorado 2023.