Local installation standards preempted - notice to revisor of statutes

Colo. Rev. Stat. § 24-32-3318, under . Regulation of Factory-Built Structures, Multi-Family Structures Where No Standards Exist, Manufactured Home Installations, Andsellers of Manufactured Homes.

Colo. Rev. Stat. § 24-32-3318

(1) (a) Except as authorized in section 24-32-3329, a local government shall not adopt less stringent standards for an installation than those promulgated by the division. A local government shall not, without express consent by the division, adopt different standards than the standards for an installation promulgated by the division. (b) This subsection (1) is repealed only if the board adopts rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e). The board shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. This subsection (1) is repealed upon the date identified in the notice that the board has adopted rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e), or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.

(a) Except as authorized in section 24-32-3329, a local government shall not adopt less stringent standards for an installation than those promulgated by the division. A local government shall not, without express consent by the division, adopt different standards than the standards for an installation promulgated by the division.

(b) This subsection (1) is repealed only if the board adopts rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e). The board shall notify the revisor of statutes in writing of the date on which the condition specified in this subsection has occurred by emailing the notice to revisorofstatutes.ga@coleg.gov. This subsection (1) is repealed upon the date identified in the notice that the board has adopted rules establishing requirements based on the recommendations of the advisory committee pursuant to section 24-32-3305 (3)(c) to (3)(e), or, if the notice does not specify that date, upon the date of the notice to the revisor of statutes.

(2) (a) Nothing in this section prohibits a local government from enacting standards for mobile homes concerning unique public safety requirements related to geographic or climatic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk, as otherwise permitted by law. (b) Unless the United States department of housing and urban development has granted an exemption to a local government, a local government shall not impose: (I) Weight restrictions for roof snow loads or wind shear factors on a manufactured home built to the federal manufactured home construction and safety standards that are different from what has been zoned for the state of Colorado by the United States department of housing and urban development pursuant to the federal act; or (II) Any other requirements that would impact the design and construction of the manufactured home.

(a) Nothing in this section prohibits a local government from enacting standards for mobile homes concerning unique public safety requirements related to geographic or climatic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk, as otherwise permitted by law.

(b) Unless the United States department of housing and urban development has granted an exemption to a local government, a local government shall not impose: (I) Weight restrictions for roof snow loads or wind shear factors on a manufactured home built to the federal manufactured home construction and safety standards that are different from what has been zoned for the state of Colorado by the United States department of housing and urban development pursuant to the federal act; or (II) Any other requirements that would impact the design and construction of the manufactured home.

(I) Weight restrictions for roof snow loads or wind shear factors on a manufactured home built to the federal manufactured home construction and safety standards that are different from what has been zoned for the state of Colorado by the United States department of housing and urban development pursuant to the federal act; or

(II) Any other requirements that would impact the design and construction of the manufactured home.

(3) Nothing in this section prohibits a local government from requiring on-site mitigation to address unique public safety requirements related to geographic and climatic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk on a manufactured home built to the federal manufactured home construction and safety standards, so long as there is no interference with the federal standards for the design and construction of the manufactured home.