Colorado § 24-32-3301 - Legislative declaration.

§ 24-32-3301. Legislative declaration.

(1) The general assembly hereby finds, determines, and declares that mobile homes, manufactured housing, and factory-built structures are important and effective ways to meet Colorado's affordable housing needs. The general assembly further finds and declares that, because of the housing crisis in Colorado, there is a need to promote the affordability and accessibility of new manufactured homes and factory-built structures. The general assembly encourages local governments to enact ordinances and rules that effectively treat factory-built structures certified through the state program and manufactured housing certified through the federal program the same as site-built homes. The general assembly further finds, determines, and declares that:

(a) The comprehensive regulation of the construction of factory-built structures to ensure safety, affordability, efficiency, and performance is a matter of statewide concern.

(b) The comprehensive regulation of the installation of mobile homes, manufactured homes, or tiny homes to ensure safety, affordability, efficiency, and performance is a matter of statewide and local concern.

(c) The protection of Colorado consumers who purchase manufactured homes or tiny homes from fraud and other unfair business practices is a matter of statewide concern and consumers can best be protected by:

(I) Requiring registration of persons engaged in the business of selling manufactured homes or tiny homes;

(II) Imposing escrow and bonding requirements upon persons engaged in the business of manufacturing or selling manufactured homes or tiny homes; and

(III) Requiring persons engaged in the business of selling manufactured homes or tiny homes to include specified disclosures and provisions in any contract for the sale of a manufactured home or tiny home.

(d) The imposition of registration requirements upon the sellers of manufactured homes or tiny homes by both the state and political subdivisions of the state would impose an undue burden upon the sellers of manufactured homes or tiny homes and discourage the sale of manufactured homes or tiny homes.

(e) The registration, escrow and bonding, and contract requirements imposed on the sellers of manufactured homes or tiny homes by this part 33 are exclusive, and a political subdivision of the state shall not impose any additional registration, escrow and bonding, or contract requirements on the sellers.

(f) The regulation of tiny homes is necessary to protect consumer safety and recognize tiny homes as an affordable housing alternative.

(2) The general assembly further declares that in enacting this part 33, it is the intent of the general assembly that the division establish, through the board, rules as it deems necessary to ensure:

(a) The safety, affordability, efficiency, and performance of factory-built structures;

(b) Consumer safety in the purchase of manufactured homes or tiny homes;

(c) The registration of installers and the creation of uniform standards for installation on a statewide basis;

(d) The safety, affordability, and performance of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist; and

(e) The safety of foundation systems for tiny homes, manufactured homes, and factory-built structures in areas of the state where no construction standards for tiny homes, manufactured homes, and factory-built structures exist.

(3) The general assembly further declares that the factory-built structure programs and tiny home programs administered and rules adopted under this part 33 apply only to a factory or work performed off site or work completed at the installation site, as reflected in the approved plans for the factory-built structure or tiny home.

(4) The general assembly further declares that the regulations in this part 33 are separate and distinct from the "Mobile Home Park Act" and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" under parts 2 and 11 of article 12 of title 38.

Source: L. 2003: Entire part added, p. 532, § 2, effective March 5. L. 2007: (3) added, p. 434, § 1, effective August 3. L. 2021: IP(1), (1)(a), (1)(b), (1)(c)(II), (1)(e), (2)(a), (2)(d), and (3) amended and (4) added, (HB 21-1019), ch. 122, p. 465, § 1, effective September 7. L. 2022: IP(1), (1)(b), (1)(c), (1)(d), (1)(e), (2)(b), (2)(c), (2)(d), and (3) amended and (1)(f) and (2)(e) added, (HB 22-1242), ch. 172, p. 1116, § 1, effective August 10.