8 Colo. Code Regs. § 1302-14-6

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 8 CCR 1302-14-6 - Installations of Manufactured Homes and Tiny Homes

6.1 Every manufactured home, as defined by sections 24-32-3302(20), C.R.S., to include a "multi-family structure" as defined in Rule 1.17, or a tiny home as defined by section 24-32-3302(35), C.R.S., that is installed at a temporary or permanent location and is designed and commonly used for occupancy by persons for residential purposes, must display a certificate of installation (insignia) issued by the Division of Housing or an authorized party, certifying that the unit is installed in compliance with the manufacturer's instructions or the Manufactured Housing Installation Standards adopted by the Division in rules 2.12 through 2.15.

6.1.1 Temporary installations for the purpose of home display prior to use as a residence which will be relocated to another location are exempted from these rules provided these installations are for display use only with no type of occupancy.

6.1.2 Except where specifically excluded from Rule 6, all installation standards apply to manufactured homes and tiny homes.

6.2 Prior to beginning the installation of a manufactured home or tiny home, the owner (authorized to install their own home subject to the requirements and limitations of section 24-32-3315(1)(c), C.R.S.) or registered installer who is installing a manufactured home or tiny home must submit a complete and accurate application for an Installation Authorization issued by the Division or certified installation inspector, unless a participating jurisdiction is inspecting and certifying the installation.

6.2.1 Owners or registered installers must display an Installation Authorization at the site of the manufactured home or tiny home, located in any jurisdiction outside the authority of a "participating jurisdiction" as defined in Rule 1.17, to be installed until an installation certification is attached to the manufactured home or tiny home certifying that the installation is in compliance with the manufacturer's installation instructions or the installation standards in rules 2.12 through 2.15 of these rules.

6.2.2 Each authorization for installation will contain the identity of the installer and owner as well as phone number and contact person, and identify the installer as the home owner, or a registered or certified installer. The certificate will also include the name, address, and telephone number of the individual or agency issuing the Installation Authorization.

6.2.3 Owners or registered installers installing a home in a jurisdiction of the state where there is not a local building department must install the home on a foundation that has been designed and stamped by a Colorado licensed design professional and the foundation inspected by the Division of Housing.

6.3 A copy of the manufacturer's instructions must be available at the time of installation and inspection of each new manufactured home or tiny home. The installer is responsible to maintain a copy of the manufacturer's instructions at the installation site.

6.3.1 Whenever the applicable standard (manufacturer's instructions, NFPA 225, etc.) for the installation of the manufactured home or tiny home is not present at the time of the inspection, the inspector may fail the inspection and require a re-inspection of the installation. All costs of the inspection and any following re-inspection will be borne by the installer.

6.3.2 Where the manufactured home or tiny home is used or is being relocated, the manufacturer's instructions will be used if available. If the manufacturer's instructions are not available, the applicable adopted alternate standard listed in rules 2.12 through 2.15 of these rules will be used for the installation.

6.4 All manufactured homes or tiny homes that are found to be in compliance with installation requirements must have a certification of installation (copper colored 3"x5" insignia for modular and tiny homes or gold colored 3"x5" for multi-family) completed and permanently attached by the inspector making the inspection or a certified installer.

6.4.1 A certification of installation must be affixed at the interior electrical panel or under the sink cabinet.

6.4.2 Application of the certification of installation is evidence that permanent utility service may be established.

6.5 When a manufactured home or tiny home installation is not found in compliance with the applicable manufacturer's instructions or other applicable standard or approved plans, the installer or manufacturer must be notified in writing by the inspector.

6.5.1 Determination of the responsible party must be to the best of the inspector's knowledge. Documentation must be provided to the inspector for changing a responsible party.

6.5.2 The inspector may, at the time of the inspection, include in the inspection report instructions for the installer to call for re-inspection at any stage to prevent cover up of any part of the installation requiring re-inspection by the inspector.

6.6 The installer must pay for any repairs required to bring the installation into compliance. The installer will pay for any subsequent inspections required by the Division or certified inspector.

6.7 If a vacant manufactured home or tiny home fails the installation inspection because of conditions that endanger the health or safety of the occupant, the manufactured home or tiny home cannot be occupied. The unsafe manufactured home or tiny home will be visibly posted with a "Red Tag Notice" to prevent occupancy.

6.8 If an installation or subsequent repair of an installation by an installer fails to meet the instructions or standards within the time limit allowed by the inspector, the inspector must notify the installer of the specific violation(s). All installers must correct any installation violations within thirty (30) calendar days of inspection or be subject to the issuance of a "Red Tag Notice".

6.9 An installer cannot reduce or eliminate their responsibility to perform an "installation" as defined pursuant to section 24-32-3302(16), C.R.S., including without limitation supporting, blocking, leveling, securing, or anchoring a manufactured home on a permanent or temporary foundation system, and connecting multiple or expandable sections of the home.

Registration

6.10 Pursuant to sections 24-32-3302(16), 24-32-3302(17), 24-32-3302(31), 24-32-3303(1)(d), 24-32-3304(1)(d), 24-32-3305(1)(c), 24-32-3315, 24-32-3317(3), 24-32-3319, and 24-32-3320, C.R.S., a person must be actively registered with the Division of Housing before attempting to install a manufactured home or tiny home regardless of whether they are paid for such service, unless exempted from registration requirements pursuant to section 24-32-3315(1)(b) or (c), C.R.S.

6.10.1 Those that are exempted from registration requirements in statute are still required to comply with all provisions of this rule as well as the installation standards provided in rules 2.12 through 2.15 of these rules.

6.11 In order to be eligible for registration, an application meeting the requirements outlined in sections 24-32-3315(2), (3), and (4), C.R.S., must be filed with the Division of Housing, including the following:

6.11.1 Experience; training; education; liability insurance; and letter of credit, certificate of deposit, or bond requirements pursuant to sections 24-32-3315(2), 24-32-3315(4)(b), 24-32-3315(4) (b.5), and 24-32-3315(4)(c), C.R.S., include the following:

6.11.1.1 An individual applying to be a registered installer for one- and two-family dwellings that are factory-built residential structures constructed to the International Residential Code (IRC) as adopted by the State Housing Board (modular homes) and tiny homes must meet the following requirements in addition to what is provided in section 24-32-3315(4), C.R.S.:

(A) 12-months of installation experience under direct supervision of a registered or certified installer, which includes a minimum of 1,800 hours of experience installing at least five modular homes, including supporting, blocking, leveling, securing, anchoring, and connecting multiple or expandable sections of the home.

OR

(B) 3,600 hours of experience in the construction of modular homes;

(C) 3,600 hours of experience as a building construction supervisor;

(D) 1,800 hours as an active modular home installation inspector;

(E) Completion of one year of a college program in a construction-related field; or

(F) Any combination of experience or education from paragraphs (B) through (E) of this rule that totals 3,600 hours;

OR

(G) Residential Contractor Class C for the installation of residential buildings regulated by the International Residential Code (IRC), limited to the height of not greater than three stories above grade and to include buildings listed in Section 101.2 of the IRC.

AND

(H) Eight hours of Division-approved installation education: four of the hours must consist of training on modular IRC installation standards which may include tiny home installation standards, and the other four hours on the Division of Housing's Manufactured Housing Installation Program.

AND

(I) General liability insurance coverage with a minimum of $1,000,000 per occurrence.

AND

(J) A letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer for $15,000 and is payable to the Division of Housing upon execution of an enforcement action.

6.11.1.2 An individual applying to be a registered installer for mobile homes and manufactured homes constructed to the federal standards (HUD-code homes) must meet the following requirements in addition to what is provided in section 24-32-3315(4), C.R.S.:

(A) 12-months of installation experience under direct supervision of a registered or certified installer, which includes a minimum of 1,800 hours of experience installing at least five manufactured homes, including supporting, blocking, leveling, securing, anchoring, and connecting multiple or expandable sections of the home.

OR

(B) 3,600 hours of experience in the construction of manufactured homes;

(C) 3,600 hours of experience as a building construction supervisor;

(D) 1,800 hours as an active manufactured home installation inspector;

(E) Completion of one year of a college program in a construction-related field; or

(F) Any combination of experience or education from paragraphs (B) through (E) of this rule that totals 3,600 hours;

OR

(G) Certified or licensed to perform manufactured home installations in a state with a qualifying installation program if that state's requirements are substantially equivalent to Colorado's.

AND

(H) Eight hours of Division-approved installation education: four of the hours must consist of training on the federal installation standards, part 3285, and the other four hours on the Division of Housing's Manufactured Housing Installation Program.

AND

(I) General liability insurance coverage with a minimum of $1,000,000 per occurrence.

AND

(J) A letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer for $15,000 and is payable to the Division of Housing upon execution of an enforcement action.

6.11.1.3 An individual applying to be a registered installer of multi-family structures as defined by Rule 1.17 must meet the following requirements in addition to what is provided in section 24-32-3315(4), C.R.S.:

(A) 12-months of installation experience under direct supervision of a registered or certified installer, which includes a minimum of 1,800 hours of experience installing multi-family structures, including supporting, blocking, leveling, securing, anchoring, and connecting multiple or expandable sections of the structure.

OR

(B) Building Contractor B for the installation of commercial buildings regulated by the International Building Code (IBC), not considered high rise.

(C) Building Contractor A for the installation of commercial buildings regulated by the International Building Code (IBC), considered high rise.

(D) Colorado Registered Design Professional who has prior experience in the design and construction of multi-family structures.

AND

(E) Eight hours of Division-approved installation education: four of the hours must consist of training on the installation of multi-family structures and the other four hours on the Division of Housing's Manufactured Housing Installation Program.

AND

(F) General liability insurance coverage with a minimum of $1,000,000 per occurrence.

(H) A letter of credit, certificate of deposit issued by a licensed financial institution, or surety bond issued by an authorized insurer for $15,000 and is payable to the Division of Housing upon execution of an enforcement action.

Certification

6.12 Pursuant to sections 24-32-3302(4), 24-32-3315(7)(a), and 24-32-3317(2), C.R.S., a registered installer may apply to the Division of Housing for certification under one of the three following classifications or all three if qualified to do so:

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

6.12.2 Class HUD - HUD-code and mobile homes only. Submit evidence of five (5) Division-approved installations of manufactured homes built to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. sec. 5401 et seq., and any standard promulgated by the Secretary of the U.S. Department of Housing and Urban Development (HUD) pursuant to the federal act; completed within an 18-month period.

6.12.3 Class IBC - Multi-family structures. Submit evidence of five (5) Division-approved installations of multi-family structures built to the building codes adopted by the State Housing Board, completed within an 18-month period.

6.13 Evidence of installation must include copies of all inspection reports for each installation issued by the Division of Housing or a certified installation inspector. If in the judgment of the Division, such installer has demonstrated the ability to successfully complete installations of manufactured homes, tiny homes, or multi-family structures in accordance with the requirements of the specific classification they have applied, a certification inspection will be scheduled. Certification will be granted at that classification if the installation is approved.

6.13.1 If the review of the evidence of the installations does not clearly demonstrate the ability to successfully complete installations in compliance with the requirements, the Division may require additional installations to be performed, reviewed, and accepted prior to scheduling a certification inspection.

6.14 A certified installer is authorized by section 24-32-3317 (2.3), C.R.S., to independently certify the installation by affixing a certificate of installation (insignia) authorized by the Division after the installation is completed in compliance with all requirements in any county or municipality that is not covered by a participating jurisdiction. Pursuant to section 24-32-3317 (2.5), C.R.S., a participating jurisdiction authorizes, inspects, and certifies all installations occurring within its jurisdiction, even those to be performed by a certified installer.

6.14.1 The certified installer must then report that they certified the installation to the Division.

6.14.2 Installations performed by a certified installer do not require an inspection by the Division or a certified inspector. However, pursuant to sections 24-32-3317 (2.9) and 24-3317(6), C.R.S., one of the parties identified may request the Division of Housing to inspect an installation performed by a certified installer.

Renewal

6.15 A registered installer is required to timely renew their registration once a year and in compliance with the requirements of section 24-32-3315, C.R.S., in order to continue performing installations in the state of Colorado.

6.15.1 A renewal application filed with the Division of Housing must include evidence of completing four hours of approved continuing education in compliance with the education requirements listed further down in these rules.

6.16 A certified installer must timely and completely renew their registration with the Division of Housing as required above in Rule 6.15 in order to maintain their certification. A certification will automatically expire if a registration is not successfully renewed.

Education

6.17 The Division of Housing will review all educational courses submitted and will grant course approval in writing. The Division of Housing may audit courses and may request from each entity offering a Division-approved course, all instructional material and attendance records as may be necessary for an investigation. Failure to comply may result in the withdrawal of Division approval of the course.

6.18 All continuing education courses must contain at the minimum the following instructional material:

(A) Blueprint reading and comprehension.

(B) Discussion of structural issues. For example: hinged roofs, cape cod roofs, marriage line fastening and support, foundation sizing, etc.

(C) A review of Colorado law, rules and/or policies as they pertain to the technical issues being discussed at the training.

6.19 All continuing education courses may be offered and completed by distance learning.

6.20 The following course format and administrative requirements apply to all Colorado continuing installation education for installers and inspectors:

(A) Courses must be at least one hour in length and contain at least 50 instructional minutes per course hour.

(B) A maximum of eight-hours of credit may be earned per day.

(C) No course may be repeated for credit in the same registration period.

(D) Instructors may receive credit for classroom teaching hours once per course taught per year.

(E) A volunteer member of the State Housing Board's Technical Advisory Committee (TAC) may receive credit for participating in the process of recommending rule amendments/adoptions once per year.

(F) Hours in excess of the required amount may not be carried forward to satisfy a subsequent renewal requirement.

(G) No school/provider may waive, excuse completion of, or award partial credit for the full number of course hours.

6.21 Each Colorado installer or inspector is responsible for securing from the provider evidence of course completion in the form of an affidavit or certificate of attendance. Documentation must be in sufficient detail to show the name of the licensee, course subject, content, duration, date(s), and contain the authentication of the provider.

6.21.1 For distance learning an affidavit of completion signed under penalty of perjury is the only acceptable proof.

6.21.2 In person courses may have a certificate signed by the instructor at the end of the course.

6.21.3 Installers and inspectors must retain proof of continuing education completion for three years, and provide said proof to the Division upon request.

6.22 Each approved education provider must retain copies of course outlines or syllabi and complete attendance records for a period of three years.

6.23 Continuing education providers must submit an application form along with the following information at least 30-days prior to the proposed class dates:

(A) Detailed course outline or syllabus, including the intended learning outcomes, the course objectives, and the approximate time allocated for each topic.

(B) A copy of the course exam(s) and instructor answer sheet if applicable. In the absence of an exam, the criteria used in evaluating a person's successful completion of the course objectives.

(C) Copy of instructor teaching credential; if none, a resume showing education and experience which evidence the mastery of the material to be presented.

(D) A copy of advertising or promotional material used to announce the offering.

(E) Upon Division request, a copy of textbook, manual, audio, videotapes, or other instructional materials.

6.24 By offering installation continuing education in Colorado, each provider agrees to comply with relevant statutes and rules and to permit the Division of Housing to audit courses at any time and at no cost.

Inspectors

6.25 Pursuant to sections 24-32-3302(15), 24-32-3315(7)(b), 24-32-3317(2), 24-32-3317(5)(a), 24-32-3317(6), 24-32-3317(7), 24-32-3317(8), 24-32-3317(9), and 24-32-3322, C.R.S., the Division may authorize independent contractors to perform installation inspections and enforcement of proper installation of manufactured homes and tiny homes.

6.26 Pursuant to section 24-32-3317(8), C.R.S., the Division of Housing establishes the following qualifications and area of expertise necessary for inspecting manufactured homes and tiny homes as acceptable in addition to the qualifications and requirements already listed in the statute:

(A) Class IRC and HUD - when inspecting the installation of mobile, manufactured HUD-code homes, or IRC modular homes or tiny homes:

(1) Professional civil engineer - State of Colorado professional license in engineering;

(2) State of Colorado licensed architect;

(3) Local housing inspector - a manufactured home or tiny home or residential building inspector employed by the local authority having jurisdiction over the site of the home, provided it is a participating jurisdiction;

(4) International Code Council certified inspector;

(5) Previously a Colorado certified installer; or

(6) Class C contractor license for the installation of residential buildings regulated by the codes and standards of the IRC, limited to the height of not greater than three stories above grade and buildings classified R-2, R-3, and R-4 in section 101.2 of the IRC; and

(7) Twelve hours of Division-approved installation education: four of the hours must consist of training on the federal installation standards, part 3285; four of the hours must consist of training on modular IRC installation standards; and four hours on the Division of Housing's Manufactured Housing Installation Program.

OR

(B) Class IBC - when inspecting the installation of multi-family structures:

(1) Colorado Registered Design Professional who specializes in the field they are inspecting;

(2) Local housing inspector - a commercial or combination building inspector employed by the local authority having jurisdiction over the site of the home, provided it is a participating jurisdiction;

(3) International Code Council certified commercial combination inspector;

(4) A Division of Housing approved third-party inspection agency;

(5) Class B Commercial Building Contractor License for the installation of commercial buildings regulated by the code and standards of the IBC not considered high rise construction; or

(6) Class A Commercial Building Contractor License for the installation of commercial buildings regulated by the code and standards of the IBC considered high rise construction; and

(7) Twelve hours of Division-approved installation education: eight of the hours must consist of training on multi-family structure installation standards and four hours on the Division of Housing's Manufactured Housing Installation Program.

6.27 The Division of Housing may revoke the certification of any inspector who fails to maintain the minimum requirements for the certification, has a conflict of interest impairing their ability to make impartial inspections, or if investigation of complaints by the Division reveals that the inspector has repeatedly failed to enforce the requirements of these rules.

6.28 A certified inspector may not perform inspections where the inspector has a conflict of interest that may impair their ability to make fair and impartial inspections.

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

6.29.1 A renewal application filed with the Division of Housing must include evidence of completing four hours of approved continuing education for each of the three years (total of 12 hours) in compliance with the education requirements listed further up in these rules.

6.30 Where a local jurisdiction has established a building department, the building official or other approved authority may make a written request to be the exclusive independent installation inspection agency within their legal boundaries as a "participating jurisdiction".

6.30.1 When granted by the Division of Housing, all manufactured home or tiny home installation inspections in that area will be made by that participating jurisdiction's certified installation inspectors or by a certified installation inspector approved by the jurisdiction.

6.30.2 Division inspectors or Division designated independent inspectors may perform inspections within the participating jurisdiction in response to a complaint.

8 CCR 1302-14-6

41 CR 11, June 10, 2018, effective 7/1/2018

42 CR 21, November 10, 2019, effective 11/30/2019

43 CR 16, August 25, 2020, effective 9/14/2020

44 CR 10, May 25, 2021, effective 4/13/2021

44 CR 10, May 25, 2021, effective 4/14/2021

44 CR 11, June 10, 2021, effective 5/11/2021

44 CR 16, August 25, 2021, effective 7/13/2021

44 CR 16, August 25, 2021, effective 9/14/2021

46 CR 11, June 10, 2023, effective 6/30/2023

46 CR 22, November 25, 2023, effective 10/24/2023 exp. 2/21/2024 (Emergency)

47 CR 06, March 25, 2024, effective 4/15/2024