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 24-32-3302 - Definitions

As used in this part 33, unless the context otherwise requires:
(1)
"Authorized quality assurance representative" means any quality assurance representative approved by the division pursuant to section
24-32-3303(1)(c)
.
(2)
"Board" means the state housing board created in section
24-32-706
.
(3)
"Certificate of installation" means a certificate issued by the division for an installation that complies with this part 33 and rules that the board adopts under this part 33.
(4)
"Certified installer" means an installer of manufactured homes or tiny homes that:
(a)
Is registered with the division;
(b)
Has installed at least five manufactured homes or tiny homes in compliance with the manufacturer's instructions or standards created by the division pursuant to this part 33; and
(c)
Has been approved by the division for certified status.
(5)
Repealed.
(6)
"Defect" means any deviation in the performance, construction, components, or material of a manufactured home, tiny home, or factory-built structure that renders the manufactured home, tiny home, or factory-built structure or any part of the manufactured home, tiny home, or factory-built structure not fit for the ordinary use for which it was intended.
(6.5)
"Delivery" means, for purposes of section
24-32-3325
, at a location agreed to by the seller and purchaser.
(7)
Repealed.
(8)
"Division" means the division of housing created in section
24-32-704
.
(9)
"Factory-built nonresidential structure" means any structure or component, including any closed panel system, designed primarily for commercial, industrial, or other nonresidential use, either permanent or temporary, including a manufactured unit that is wholly or in substantial part made, fabricated, formed, or assembled in manufacturing facilities for installation or assembly and installation on a permanent or temporary foundation at the building site.
(10)
"Factory-built residential structure" means a manufactured home, including any closed panel system, constructed to the building codes adopted by the board and designed to be installed on a permanent foundation, except for homes constructed to a federal manufactured home construction and safety standard and any home designated as a mobile home.
(11)
"Factory-built structure" means:
(a)
A factory-built nonresidential structure;
(b)
A factory-built residential structure; and
(c)
A factory-built tiny home.
(12)
"Federal act" means the "National Manufactured Housing Construction and Safety Standards Act of 1974",
42 U.S.C. sec. 5401
et seq.
(13)
"Federal manufactured home construction and safety standard" means any standard promulgated by the secretary of the United States department of housing and urban development pursuant to the federal act.
(14)
"Imminent safety hazard" means an imminent and unreasonable risk of death or severe personal injury.
(15)
"Independent contractor" means a local government, individual, private firm, housing inspector, or engineer who has been approved by the division to perform or enforce installation inspections.
(16)
(a)
"Installation" means the placement of a manufactured home or tiny home on a permanent or temporary foundation system.
(b)
"Installation" includes supporting, blocking, leveling, securing, or anchoring the home and connecting multiple or expandable sections of the home.
(17)
"Installer" means any person who performs the installation of:
(a)
A manufactured home, which includes multifamily structures, for those with the knowledge, experience, and skills to do so; or
(b)
A tiny home.
(18)
"Local government" means the government of a town, city, county, or city and county that is the designated authority charged with the administration and enforcement of local building codes.
(19)
"Manufacture" means the process of making, fabricating, constructing, forming, or assembling a product from raw, unfinished, or semi-finished materials.
(20)
"Manufactured home" means any preconstructed building unit or combination of preconstructed building units or closed panel systems that:
(a)
Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the site of the completed home;
(b)
Is designed for residential occupancy in either temporary or permanent locations;
(c)
Is constructed in compliance with the federal act, factory-built residential requirements, including those for multi-family structures, or mobile home standards;
(d)
Is not self-propelled; and
(e)
Is not licensed as a recreational vehicle.
(21)
"Manufactured home construction" means all activities relating to the assembly, manufacture, major repair, or alteration of a manufactured home, including but not limited to activities relating to durability, quality, and safety.
(22)
"Manufactured home safety" means the performance of a manufactured home in such a manner that the public is protected against any unreasonable risk of occurrence of accidents due to the design or construction of the manufactured home or any unreasonable risk of death or injury to the user or to the public if accidents do occur.
(23)
"Manufacturer" means any person who constructs or assembles a manufactured residential or nonresidential structure in a factory or other off-site location.
(24)
"Mobile home" means a manufactured home built prior to the adoption of the federal act.
(24.5)
"Mobile home park" has the meaning set forth in section
38-12-201.5(6)
.
(25)
"Modular home" means a factory-built residential structure.
(26)
"Owner" means the owner of a manufactured home or tiny home.
(26.5)
"Permanent foundation" means a structure that is designed or intended to:
(a)
Support a building from underneath;
(b)
Keep a building firmly affixed to the ground;
(c)
Prevent the building from moving; and
(d)
Not be removed from the ground or building.
(27)
"Principal" means an officer of a corporation, a member of a limited liability company, a general partner of a partnership, the sole proprietor of a sole proprietorship, or any other person who has a financial interest of ten percent or more in any legal or commercial entity.
(28)
"Production review" means an evaluation of a manufacturer and a facility's ability to follow approved plans, standards, codes, and quality control procedures during manufacture.
(29)
"Purchaser" means a person purchasing a manufactured home or tiny home if either is purchased in good faith for purposes other than resale.
(30)
"Quality assurance representative" means any state, firm, corporation, or other entity that proposes to conduct production reviews, evaluate a manufacturer's quality control procedures, and perform design evaluations.
(31)
"Registered installer" means an installer who has registered with the division, but who has not applied for and been approved by the division for certified status.
(32)
"Secretary" means the secretary of the United States department of housing and urban development.
(32.5)
"Seller" means any person engaged in the business of selling manufactured homes to be installed in Colorado or tiny homes to be occupied or installed in Colorado.
(33)
"Site" means the entire tract, subdivision, or parcel of land on which manufactured homes or tiny homes are installed.
(34)
"Temporary foundation" means a structure that is designed or intended to:
(a)
Support a building from underneath;
(b)
Keep a building firmly affixed to the ground;
(c)
Prevent the building from moving; and
(d)
Be removable from the ground or building.
(35)
(a)
"Tiny home" means a structure that:
(I)
Is permanently constructed on a vehicle chassis;
(II)
Is designed for long-term residency;
(III)
Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the site of the completed home;
(IV)
Is not self-propelled; and
(V)
Has a square footage of not more than four hundred square feet.
(b)
"Tiny home" does not include:
(I)
A manufactured home;
(II)
A recreational park trailer as defined in section
24-32-902(8)
;
(III)
A recreational vehicle as defined in section
24-32-902(9)
;
(IV)
A semitrailer as defined in section
42-1-102(89)
; or
(V)
An intermodal shipping container.
Amended by 2022 Ch. 172,§2, eff. 8/10/2022.
Amended by 2021 Ch. 122,§2, eff. 9/7/2021.
L. 2003: Entire part added, p. 533, § 2, effective March 5.
2022 Ch. 172, was passed without a safety clause. See Colo. Const. art. V, § 1(3).