(1) The board has the following powers and duties pursuant to this part 33:
(a) To promulgate uniform construction and maintenance standards for hotels, motels, and multiple-family dwellings in those areas of the state where no standards exist;
(b) To promulgate uniform construction standards for factory-built residential and nonresidential structures;
(c) To develop and submit to the general assembly and local governments recommendations for uniform housing standards and building codes;
(d) To promulgate rules establishing standards for the installation and setup of manufactured housing units;
(e) To promulgate rules establishing specific standards for the use of private inspection and certification entities to perform the division's certification and inspection functions with respect to in-state and out-of-state inspections of factory-built structures. The standards must allow, consistent with section 13 of article XII of the state constitution, the provisions of part 5 of article 50 of this title 24, and the rules of the state personnel board, for the use of private inspection and certification entities when the entities are available at a reasonable cost. The standards cannot prohibit a manufacturer from having the option to contract with the division or an authorized quality assurance representative to perform inspection and certification functions.
(f) To promulgate rules establishing standards for tiny homes that cover the manufacture of, assembly of, and installation of tiny homes;
(g) To promulgate uniform foundation construction standards for manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and
(h) On or before July 1, 2026, to adopt rules:
(I) (A) Establishing regional building code standards accounting for local climatic and geographic conditions, and fire protection and suppression activities for the construction and installation of factory-built structures developed by the advisory committee created in section 24-32-3305 (3), which shall supersede a conflicting ordinance, code, regulation, or other law of a local government unless a local government adopts the rules issued by the board;
(B) The regional building codes standards shall include, at a minimum, wind shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.
(II) Establishing requirements based on the recommendations developed by the advisory committee created in section 24-32-3305 (3), including the continued authorization of a local government certified by the division to perform inspections of a factory-built structure on behalf of the division;
(III) Establishing requirements based on the recommendations developed by the advisory committee created in section 24-32-3305 (3), including registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site, including offering education, training, and certification opportunities;
(A) A building contractor, as defined in section 30-11-125 (1)(a), is not required to be registered with or certified by the state when conducting business in a jurisdiction with an established licensing program for building contractors; and
(B) A building contractor, as defined in section 30-11-125 (1)(a), licensed by a local government shall complete education and training about factory-built construction as developed by the division of housing and administered in collaboration with the local government;
(IV) Covering electrical or plumbing codes required to undertake or complete the construction or installation of a factory-built structure;
(V) Allowing the division to contract for third-party review and approval of a final design and construction plan for a factory-built structure on behalf of the division;
(VI) Allowing the division to create a process for vetting and approving the ability of a third party to review and approve a final design and construction plan for a factory-built structure on behalf of the division; and
(VII) Requiring the division to cause an audit to be performed on a third party that reviews and approves design and construction plans, on a third party that conducts inspections on its behalf, of contracts of sellers to verify compliance, and to ensure protection of down payments made by purchasers that are retained by the seller or manufacturer.
Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021: IP(1), (1)(c), and (1)(e) amended, (HB 21-1019), ch. 122, p. 468, � 4, effective September 7. L. 2022: (1)(d) amended and (1)(f) and (1)(g) added, (HB 22-1242), ch. 172, p. 1120, � 4, effective August 10. L. 2025: (1)(f) and (1)(g) amended and (1)(h) added, (SB 25-002), ch. 172, p. 714, � 6, effective May 8.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3305. Rules - advisory committee - enforcement - regional building codes - study. (1) The board shall promulgate rules as it deems necessary to ensure:
(a) The safety of factory-built structures;
(b) The safety of consumers purchasing manufactured homes or tiny homes;
(c) The safety of installations;
(d) The safety of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(e) The implementation of sections 24-32-3328 and 24-32-3329; and
(f) The safety of foundation systems for manufactured homes, tiny homes, and factory-built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist.
(2) Rules promulgated by the board must include provisions imposing requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24.
(3) (a) Except when adopting an energy code pursuant to subsection (3.5) of this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of nineteen members appointed by the division from the following professional and technical disciplines:
(I) One from architecture;
(II) One from structural engineering;
(III) Four from building code enforcement, representing a local building department from each of the following climate zones across the state:
(A) One from climate zone 4;
(B) One from climate zone 5;
(C) One from climate zone 6; and
(D) One from climate zone 7;
(IV) Repealed.
(V) One licensed electrician who may be employed by the department of regulatory agencies;
(VI) One licensed plumber who may be employed by the department of regulatory agencies;
(VII) Repealed.
(VIII) Three from factory-built structure construction representing the following occupancy classifications:
(A) One from the international residential code for one- and two-family dwellings;
(B) One from the international building code for residential structures; and
(C) One from the international building code for factory and industrial structures;
(IX) One from the tiny home industry;
(X) One from energy conservation;
(XI) One from organized labor.
(XII) One developer specializing in the use of factory-built structures in projects;
(XIII) One from climate resiliency;
(XIV) One registered installer;
(XV) One registered seller; and
(XVI) One individual representing emergency services or management.
(b) Committee members are reimbursed for actual and necessary expenses incurred while engaged in official duties.
(c) (I) The advisory committee shall develop regional building codes standards accounting for local climatic and geographic conditions and fire suppression activities to ensure safety and to apply the most stringent of these requirements for the construction and installation of factory-built structures and submit the recommended regional building codes in the form of recommended administrative rules for consideration and adoption by the board.
(II) The regional building codes standards shall include, at a minimum, wind shear, snow load, wildfire risk, thermal zone, radon mitigation, or automatic fire sprinkler system requirements.
(d) (I) The advisory committee shall develop implementation requirements, including the continued authorization of a local government to perform inspections of factory-built structures on behalf of the division of housing; and
(II) The advisory committee shall develop implementation requirements, including registration, responsibility, and accountability requirements for manufacturers, installers, sellers, or general contractors who develop the installation site or complete the construction of factory-built structures at the installation site, including offering education, training, and certification opportunities, and submit the implementation requirements in the form of recommended administrative rules for consideration and adoption by the board.
(e) During the 2026 legislative session, the department of local affairs shall present the recommendations of the advisory committee related to the development of regional building codes accounting for local climatic and geographic conditions and fire suppression activities, and improved coordination between the state and local permitting process onsite for the construction and installation of factory-built structures, to the senate local government and housing committee and the house transportation, housing, and local government committee prior to consideration and adoption by the state housing board. The department of local affairs shall report on the outcomes as part of its 2031 SMART Act hearing.
(3.3) Repealed.
(3.5) (a) (I) On or before January 1, 2025, the division shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(II) On or before January 1, 2030, the division shall adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24-38.5-401 (6). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist.
(b) Nothing in this subsection (3.5) establishes standards applicable to manufactured homes constructed pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974, established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq.
(c) Notwithstanding any other provision of this subsection (3.5), the division may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code.
(d) Nothing in this subsection (3.5) restricts the ability of an investor-owned utility with approval from the public utilities commission to:
(I) Provide incentives or other energy efficiency program services to help the division or builders comply with the requirements of this subsection (3.5); or
(II) Earn shareholder incentives and claim credits toward its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (3.5).
(e) A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the division or any builders in complying with the requirements of this subsection (3.5).
(f) (I) A utility may count mass-based emissions reductions associated with the requirements of this subsection (3.5) towards compliance with its requirements under section 25-7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements.
(II) A utility subject to regulation by the public utilities commission shall not count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission.
(4) The division must enforce the provisions of this part 33 and the rules adopted pursuant thereto.
(5) The division may act as agent for the federal government for the enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.
(6) Any future statewide adopted codes contemplated in statute must be vetted through the advisory committee for consideration for adoption by the board.
Source: L. 2003: Entire part added, p. 537, � 2, effective March 5. L. 2021: IP(1), (2), (3), (4), and (5) amended, (HB 21-1019), ch. 122, p. 468, � 5, effective September 7. L. 2022: (3) amended and (3.5) added, (HB 22-1362), ch. 301, p. 2181, � 5, effective June 2; IP(1), (1)(b), (1)(c), (2), and (3) amended and (1)(e) and (1)(f) added, (HB 22-1242), ch. 172, p. 1121, � 5, effective August 10. L. 2024: (3.3) added, (HB 24-1152), ch. 167, p. 830, � 2, effective May 13. L. 2025: IP(3)(a), (3)(a)(III), (3)(a)(V), (3)(a)(VI), (3)(a)(VIII), (3)(a)(IX), and (3)(a)(X) amended, (3)(a)(IV), (3)(a)(VII), and (3.3) repealed, and (3)(a)(XII), (3)(a)(XIII), (3)(a)(XIV), (3)(a)(XV), (3)(a)(XVI), (3)(c), (3)(d), (3)(e), and (4) added, (SB 25-002), ch. 172, p. 716, � 7, effective May 8.
Editor's note: (1) Amendments to subsection (3) by HB 22-1242 and HB 22-1362 were harmonized.
(2) Subsection (6) was numbered as (4) in SB 25-002 but has been renumbered on revision for ease of location.
Cross references: For the legislative declaration in SB 25-002, see section 1 of chapter 172, Session Laws of Colorado 2025.
24-32-3306. Recognition of similar standards - compliance with standards. (1) If the division determines that standards for factory-built structures, tiny homes, or manufactured homes prescribed by statute or rule of another state or by the United States department of housing and urban development are reasonably consistent with, or equal to, standards required by this part 33, it may provide by rule that factory-built structures, tiny homes, or manufactured homes approved by the other state or by the department meet the standards required by this part 33.
(2) No person, partnership, firm, corporation, or other entity may manufacture, sell, or offer for sale within this state any factory-built structure that is not manufactured in compliance with the applicable provisions of the construction standards adopted by the board.
Source: L. 2003: Entire part added, p. 538, � 2, effective March 5. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 469, � 6, effective September 7. L. 2022: (1) amended, (HB 22-1242), ch. 172, p. 1122, � 6, effective August 10.