2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 32 - DEPARTMENT OF LOCAL AFFAIRS (§§ 24-32-101 — 24-32-3711) › Part 33 - REGULATION OF FACTORY-BUILT STRUCTURES, MULTI-FAMILY STRUCTURES WHERE NO STANDARDS EXIST, MANUFACTURED HOME INSTALLATIONS, AND SELLERS OF MANUFACTURED HOMES (§§ 24-32-3301 — 24-32-3329) › Section 24-32-3317 - Installation of manufactured homes and tiny homes - authorization - certificates - inspections - inspector qualification and education requirements - rules

(1)
Before beginning an installation, the owner or registered installer of a manufactured home or tiny home must submit a request to the division and receive an installation authorization from the division on a division-approved form, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor, in which case the owner or registered installer is to follow the local government's process for receiving authorization to install a manufactured home or tiny home.
(2)
The division may certify any installer who provides evidence of five or more installations of manufactured homes or tiny homes performed by the installer for which installation authorizations have previously been issued in accordance with this section when, in the judgment of the division, the installer has demonstrated the ability to successfully complete installations in accordance with this part 33.
(2.3)
An installer certified by the division is not required to obtain an installation authorization from the division, but a certified installer is required to obtain authorization to install a manufactured home or tiny home from any local government participating as an independent contractor. For any installation occurring within the jurisdiction of a local government not participating as an independent contractor, the certified installer, upon completion of the installation in accordance with this part 33 and board rules, shall affix on the manufactured home or tiny home an installation insignia issued by the division.
(2.5)
The division or independent contractor will affix an installation insignia upon passing an inspection of an installation that was completed in accordance with the requirements of this part 33 and board rules. A local government participating as an independent contractor is to authorize, inspect, and certify all installations occurring in its jurisdiction on behalf of the division, including any performed by a certified installer.
(2.7)
Any installations certified on behalf of the division by a certified installer or independent contractor must be reported to the division in a manner specified by the division.
(2.9)
The division or an independent contractor at the request of the division may, at the division's sole discretion, inspect an installation performed by a certified installer and may require the certified installer to correct, within a period established by rule promulgated by the board, any defects or deficiencies in the installation. The division may revoke the certification of any installer when, in the judgment of the division, the installer has performed an installation in violation of this part 33 or board rules adopted under this part 33. Any installer whose certification has been so revoked may apply for recertification in accordance with rules promulgated by the division.
(3)
(a)
The division may fine a registered installer or suspend or revoke the registration of a registered installer if the installer fails to:
(I)
Comply with the registration requirements of section
24-32-3315
; or
(II)
Otherwise pay to the owner or occupant of a manufactured home or tiny home:
(A)
The cost of an inspection that fails to meet the requirements of the manufacturer's instructions or the standards promulgated by the division or any subsequent required inspection;
(B)
The cost of any subsequent repairs that are necessary to bring the installation into compliance with the manufacturer's instructions or the standards promulgated by the division; or
(C)
A refund of any money paid up front that did not result in a complete installation by the installer or that was used to pay a different registered installer to complete the installation.
(b)
(I)
A financial institution or authorized insurer is required to make payment to the division when the division makes a claim against the letter of credit, certificate of deposit, or surety bond:
(A)
If a court of competent jurisdiction has rendered a final judgment in favor of the division based on a finding that the registered installer failed to perform on the installation as required by this part 33 or board rules; or
(B)
If the registered installer ceases business operations or files for bankruptcy.
(II)
The division may suspend or revoke the registration of any installer who fails to provide a letter of credit, certificate of deposit, or surety bond as required by section
24-32-3315(2) and (6)
or who otherwise fails to pay any judgment by a court of competent jurisdiction in favor of the division.
(c)
The division may also take enforcement action on the registration of an installer for failing to comply with any other installation requirements contained in this part 33 and any board rules.
(4)
An owner or a registered installer must display an installation authorization at the site at which a manufactured home or tiny home is to be installed until an installation insignia is issued by the division or independent contractor, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor. If the local government is an independent contractor, the owner or registered installer shall follow the local government's process for identifying a manufactured home or tiny home to be installed until the division's installation insignia is issued by the local government.
(5)
(a)
The division shall adopt rules that specify a standard form to be used statewide by the division or an independent contractor as a certificate of installation certifying that a manufactured home or tiny home was installed in compliance with this part 33. However, the certificate of installation applies only to an installation of a manufactured home or of a tiny home. The certificate of installation must include the following:
(I)
The name, address, and telephone number of the division;
(II)
The date the installation was completed; and
(III)
The name, address, telephone number, and registration number of the registered installer who performed the installation.
(b)
If a vacant manufactured home or tiny home fails an installation inspection because of conditions that endanger the health or safety of the occupant, the manufactured home or tiny home cannot be occupied until the defects or deficiencies that form the basis of the failed inspection are corrected. If a manufactured home or tiny home fails an installation inspection because of conditions that do not endanger the health or safety of the occupant, the manufactured home or tiny home may be occupied pending the correction of those defects or deficiencies that served as the basis of the failed inspection.
(6)
In addition to inspections performed pursuant to subsection (2.9) of this section, the division or the independent contractor that performs inspections and enforcement of proper installations may inspect an installation upon request filed by the owner, installer, manufacturer, or seller. The party requesting the inspection must pay for the inspection.
(7)
If an installation fails the inspection conducted by the division or the independent contractor and the division or the independent contractor determines that the installer has failed to comply with the manufacturer's instructions or violated any of the installation standards promulgated by the division, the installer shall reimburse the party requesting the inspection for the cost of the failed inspection and pay for any subsequent repairs necessary to bring the installation into compliance with the manufacturer's instructions or standards promulgated by the division. The installer shall also pay for any subsequent inspections required by the division or the independent contractor. Failure of the installer to pay for any inspections or subsequent repairs deemed necessary by the division or the independent contractor results in the forfeiture of the installer's performance bond on behalf of the owner.
(8)
(a)
The division may authorize an independent contractor to perform inspections and enforcement of proper installations.
(b)
(I)
The division shall provide training for independent contractors to perform installation inspections. The training must enable independent contractors who successfully complete the training to be certified by the division. Independent contractors must be certified by the division to perform installation inspections.
(II)
The division may accept gifts, grants, or donations for the training of independent contractors. The division shall transmit any gifts, grants, or donations it receives to the state treasurer for deposit in the building regulation fund created in section
24-32-3309
.
(c)
The division shall establish by rule the qualifications of an inspector and the areas of expertise necessary for inspecting manufactured homes or tiny homes. A new inspector must pass a division-approved installation test. The qualifications for an inspector include those of a professional civil engineer, local housing inspector, or independent contractor. Inspectors shall also complete and maintain records of the completion of division-approved education as established by the board by rule.
(9)
If an installation or subsequent repair of an installation fails to comply with the manufacturer's instructions or meet the standards promulgated by the division within a period determined by the division, the division shall investigate the actions of the installer. The division may revoke, suspend, or refuse to renew the registration or certification of the installer for failing to comply with the manufacturer's instructions or the division's standards regarding an installation. Any independent contractor that knows of an installer whose installations have failed inspection and have not been cured by subsequent repair shall request that the division investigate the installer.
(10)
The board shall adopt rules concerning:
(a)
A standard installer inspection form to be used statewide by the division or an independent contractor that performs manufactured home installation inspection and enforcement activities;
(b)
Certification requirements for independent contractors to use to inspect installations;
(c)
Proper installation inspection and enforcement standards;
(d)
A standard certificate of installation to be used statewide by the division; and
(e)
Any other matter necessary for the implementation of the installation requirements in this part 33.
Amended by 2022 Ch. 172,§14, eff. 8/10/2022.
Amended by 2021 Ch. 122,§18, eff. 9/7/2021.
L. 2003: Entire part added, p. 542, § 2, effective March 5. L. 2007: IP(5)(a) amended, p. 435, § 3, effective August 3. L. 2008: (8) amended, p. 1740, § 4, effective June 2. L. 2009: (6) amended, (HB 09-1171), ch. 361, p. 361, §2, effective April 3.
2022 Ch. 172, was passed without a safety clause. See Colo. Const. art. V, § 1(3).