CCR Dept. 1300 | Code of Colorado Regulations — Department of Local Affairs

1301 Board of Assessment Appeals

8 CCR 1301-1 Procedures of Practice and Procedures of Review {#sec-8-ccr-1301-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1301-1}

DEPARTMENT OF LOCAL AFFAIRS

PROCEDURES OF PRACTICE AND PROCEDURES OF REVIEW

8 CCR 1301-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Basis, Specific Statutory Authority and Purpose These rules serve to update existing rules which are intended to foster the intent of the general assembly as reflected in articles 1 through 13, title 39, C.R.S. and to achieve administrative efficiency and fairness in the proceedings conducted by the Board of Assessment Appeals.

The rules are authorized by § 24-4-103(1), C.R.S. (2018), § 24-4-105, C.R.S. (2018), § 39-2-125(1)(a), C.R.S. (2018), § 39-2-127 (4) and (5), C.R.S. (2018).

Rule 1: Definitions.

Throughout these rules, the following meanings apply unless the context indicates otherwise:

a. “BAA” or “Board” means the Board of Assessment Appeals.

b. “Business day” means a day other than a Saturday, Sunday or state legal holiday.

c. “Day” means calendar day, unless otherwise specified.

d. “Documentation” means exhibits, including any audio, video or photographic evidence, and a list of witnesses and exhibits that the parties wish to present at hearing.

e. “Due Date” means the day by which a document must be filed with the Board and delivered to the opposing party. All documents must be received by the Board by no later than 5:00 p.m. on the date they are due. If the Due Date is a Saturday, Sunday or state legal holiday, the Due Date shall be extended to the end of the next day which is not a Saturday, Sunday or state legal holiday.

f. “Exchange” means actual receipt.

Rule 2: Board Forms Parties are directed to utilize the forms provided by the Board on its website or through its online filing system, in order to promote the efficient and prompt handling of matters before the Board.

Rule 3: Form of Petition, Filing, Service and Proof of Service.

a. If a petitioner or petitioner representative files two or fewer petitions in a forty-eight hour period, those petitions may be filed in hard copy on the form prescribed by the Board. Otherwise, all petitions to the Board shall be on the form prescribed by the Board and filed electronically.

b. Each petition must include a copy of the decision being appealed (that is the decision of the county board of equalization, county board of commissioners, property tax administrator or assessor, as appropriate). In order for a petition to be docketed, all sections of the petition must be completed, including the section certifying that a copy of the petition has been emailed, mailed or hand-delivered as set forth in Rule 5 below. Any filing fees must be paid at the time of filing of the petition.

c. Whether filed electronically or by hard copy, one copy of the petition and any attachments must be emailed, mailed or hand-delivered as set forth in Rule 5 below to each of the parties whose decision is being appealed, including the county board of equalization, county board of commissioners, property tax administrator, or assessor, as appropriate.

d. Upon receipt of a petition by the Board, a docket number shall be assigned to the petition. Once a docket number has been assigned, the filing fee is non-refundable.

Rule 4: Priority Cases.

The following types of cases shall be given priority in the setting of hearings before the Board:

a. Appeals filed from orders and decisions of the property tax administrator; and b. Those cases the Board considers of particular significance OR which the Board determines should be advanced on the docket.

c. To the extent practicable, all other matters will generally be heard in the order they are filed with the Board.

d. The order in which hearings are set before the Board are within the sole discretion of the Board, with the exception of Rule 4(a) cases.

Rule 5: Service and Proof of Service of Other Documents.

a. Every document filed by a party or intervenor in any action before the Board shall be served by such party or intervenor on every other party or intervenor to the action. Where service is required, the filing party may serve the opposing party or intervenor by email, mail or handdelivery to the party’s or intervenor’s last known address, or, if represented, to their attorney or other representative at such person’s last known address.

b. Filings with the Board, at its general email address, may be made by email. All filings must include a certificate or proof of service, indicating compliance with Rule 5(a).

c. A certificate or proof of service shall create a rebuttable presumption of receipt of the matter served.

Rule 6: Representation Before the Board At hearings before the Board and when filing motions or conducting discovery:

a. Individuals may appear on their own behalf, be represented by an agent, or be represented by an attorney;

b. Trusts may be represented by the trustee, the trustee’s designee or an attorney, and c. All other business entities must be represented by an attorney. However, if the entity is closely held (three or fewer members) and the tax amount at issue is less than $15,000, then a corporate officer may represent the entity. An attorney must represent the entity if it is not closely held or if the tax amount at issue is greater than $15,000.

Rule 7: Motions a. Generally. In the interests of judicial economy and administrative efficiency and to promote collaboration between the parties, the filing of motions by any party is strongly discouraged.

Parties should focus their efforts on resolving issues before filing motions. The Board, in its discretion, may decline to consider any motion filed by the parties. After the filing of a petition, an application for an order or relief shall be made by filing of a written motion. The motion shall state the relief sought and the grounds on which it is believed the relief should be granted and, as appropriate, any supporting legal authority of which the filing party is aware. Prior to filing any motion, the filing party must make a good faith attempt to confer with the opposing party or intervenor concerning the substance of the motion. The filing party must include a description of such attempts in its motion.

b. Non-procedural Motions. Unless otherwise provided for in these rules, such motions may not be filed fewer than 14 calendar days before the hearing. Any party or intervenor may file a response in opposition to such motions within 7 calendar days after service of the motion. Reponses are encouraged. Replies may be filed within 3 business days after service of the response.

c. Procedural Motions. Motions for a procedural order may be filed any time and the Board may act upon such motions at any time, without awaiting a response to such motions.

d. Responses to Motions. Any responses to motions, unless otherwise stated within these rules, shall be due within 7 calendar days. However, if a motion is filed 28 calendar days or fewer prior to a hearing, any response shall be due within 3 business days.

e. Motions Concerning Stipulations. Motions which, if granted, tend to reduce the number of issues to be presented at the hearing, whether factual or legal in nature, are encouraged.

f. Post-Order Motions. Motions for post-order relief of any kind shall be made within 14 calendar days of the date of the order. However, the filing of such a motion does not toll the period for seeking judicial review.

g. Motions Concerning Clerical Mistakes and Oversights. Clerical mistakes in orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the Board at any time on its own motion or on the motion of any party or intervenor. During the pendency of judicial review, such mistakes may be so corrected before the case is docketed in the appellate court, and, thereafter, while the judicial review is pending, may be corrected only with leave of the appellate court.

h. Any motion filed pursuant to Rule 7 (f) and (g) is deemed denied if not ruled on within 21 days after its filing with the Board.

Rule 8: Intervention, Consolidation and Bifurcation The Board may permit, in its discretion or upon written application:

a. The intervention of another party if the intervention would foster the interests of justice and fairness. The Board may limit or restrict the participation of an intervenor in such a way as the Board orders; and b. The consolidation and/or bifurcation of appeals on a case-by-case basis.

Rule 9: Discovery a. The Board, in its sole discretion, may limit discovery in the interests of administrative efficiency.

b. Preparation for hearing may be done through informal information requests or the formal discovery procedures. No specific order by the Board is needed for a party to conduct discovery in cases involving non-residential real property or multi-family residential real property with more than 20 units. Without an order, the following applies to preparation for all hearings involving nonresidential real property or multi-family residential real property with more than 20 units; however, upon the filing of a proper motion and a showing of good cause, the Board may modify or waive the following provisions in a specific case or allow discovery requests for hearings involving residential property, including multi-family residential real property with 20 or fewer units.

Apart from a request for inspection of the subject property by Respondent, each party may submit no more than 10 total discovery requests. Such requests may include requests for production of documents, requests for admission, interrogatories consisting of one question per request, and a request to inspect the subject property.
Responses to discovery, including interrogatories, requests for production of documents, admissions, or requests for inspection, must occur within twenty-one days after service of the request.

c. Upon a showing of good cause to the Board, a party who intends to offer the testimony of any expert or any other witness may take the deposition of that witness for the purpose of preserving the witness’s testimony for use at hearing. However, no deposition may be offered by a party in lieu of live testimony unless the party against whom the deposition is proposed to be used was present or represented at the taking of the deposition and upon an order from the Board permitting the use of the deposition in lieu of live testimony. Such order must be based on a determination that the deponent is not available to testify and that another witness’s testimony cannot be substituted for the testimony of the deponent.

d. Parties must make a good faith effort to resolve any discovery disputes prior to filing a motion to compel discovery. Any motion concerning discovery disputes must certify compliance with this

rule and include a description of such good faith efforts in its motion.

e. Any motion to compel discovery must be filed no later than 14 days prior to the hearing. Failure to conduct discovery in a timely fashion, including providing time for the opposing party to respond to discovery, shall not be a basis for filing a motion to compel less than 14 days prior to the hearing.

f. Discovery materials, including requests and responses, shall not be filed with the Board.

Discovery materials shall be filed in connection with discovery motions only when pertinent and material to the proceedings and when used in a hearing.

Rule 10: Notice of Hearing and Pre-Hearing Conferences a. The time allocated to conducting the proceedings shall be at the sole discretion of the Board.

Parties may request additional time based upon good cause or unusual circumstances in a case.

The granting of such additional time shall be at the sole discretion of the Board.

b. If a matter is set for one day or more of hearing, within 14 days of the receipt of the notice of hearing or the granting of additional hearing time allowing for one day or more of the hearing, the parties shall submit mutually agreeable dates for a pre-hearing conference no fewer than 42 days prior to the hearing.

Rule 11: Exchange of Documentary Evidence a. All parties shall exchange all documentation (supply exhibits, including any audio, video or photographic evidence and a list of witnesses) at least 28 calendar days prior to the hearing.

Twenty-one (21) calendar days prior to the hearing all reply documentation pertaining to the evidence submitted in the 28 calendar day exchange of documentation must be exchanged with all parties and four copies are to be filed with the Board and one copy is to be served on each party and intervenor. All documentary evidence exchanged or filed with the Board shall be paginated. The Board may order different deadlines for document exchange on a case by case

basis upon a motion filed by either party or in the discretion of the Board on the Board’s own motion.

b. The Board will not accept any information not submitted by the due date in Rule 11(a) except as otherwise required by these rules or as the interests of justice and fairness dictate in the Board’s discretion.

Rule 12: Continuances a. Hearings shall ordinarily be conducted during normal working hours. Whenever, due to illness, emergency, or for other good reason, the Board considers that it would be in the best interest of justice and fairness to order a recess or continuance, the Board may, on its own motion, recess or continue the hearing to a specified date, time and place.

b. Parties may request a mutually agreed upon continuance once within time constraints set by the BAA. Any further mutually agreed upon requests for a continuance or any contested request for a continuance will not be considered without a demonstration of good cause. Good cause will not normally include unavailability of counsel due to an engagement in another judicial or administrative proceeding, unavailability of a witness if the witness’ testimony can be taken by telephone or deposition, or failure of an attorney, party or witness to timely prepare for a hearing.

Continuances are at the sole discretion of the BAA.

Rule 13: Subpoenas for Production of Records and to Appear.

Upon request by any party or intervenor to a proceeding before the Board made at least 14 days prior to hearing, any member of the Board may issue subpoenas involving the party’s or intervenor’s case, under the seal of the Board. However, a party may not subpoena another party to the action for the production of records. Subpoenas may command the designated witness to appear with or without records and to testify at the specified time and place of the Board hearing. Witness fees and mileage shall be tendered by the party or intervenor procuring the subpoena, as in civil actions in district court. The subpoena shall be served personally no later than 7 days prior to hearing, unless the recipient of the subpoena agrees to waive service and copies of any subpoena and proof of service shall be provided to the opposing party within 48 hours of service.

Rule 14: Hearing Location and Schedule A schedule of forthcoming hearing dates will be published on the Board’s website. All hearings will be conducted at 1313 Sherman Street, Room 315, Denver, Colorado unless the Board orders otherwise.

Upon request to the Board staff three or more business days prior to hearing, accommodations may be made for the electronic appearance of the parties.

Rule 15: Conduct of Hearing by Board Members All hearings shall be conducted by one or more members of the Board and all final decisions shall be rendered by at least two members of the Board.

Rule 16: Testimony Under Oath All testimony in Board proceedings shall be given under oath, administered by the Board member chairing the hearing.

Rule 17: Record of Proceedings and Access a. All Board hearings shall be recorded in a manner permitted by law.

b. Copies of documents or materials maintained by the Board or the Board’s administrator which are required by law to be accessible by or disclosed to the public may be obtained for a reasonable fee during reasonable times.

Rule 18: Order of Proceedings in Hearing and Rebuttal and Surrebuttal a. The order of proceedings in Board hearings shall be as follows:

Opening statements are limited to no more than ten minutes unless otherwise ordered by the Board.
Presentation of evidence by the petitioner followed by cross-examination by the respondent or intervenor, as appropriate;
Presentation of evidence by the respondent followed by cross-examination by the petitioner or intervenor, as appropriate;
Presentation by any other party or intervenor followed by cross-examination as appropriate;
The Board, at any time, may question any witness; and 6. Closing statements are limited to no more than ten minutes unless otherwise ordered by the Board. In its discretion the Board may order written briefs and corresponding filing deadlines.

b. The parties may conduct rebuttal and surrebuttal as the Board, in its discretion, may order.

Rule 19: Burden of Proof, Rules of Evidence and Audio and Video Evidence a. The petitioner shall have the burden of proof.

b. Every party to the proceeding shall have the right to present its case or defense by oral and documentary evidence. The rules of evidence shall, to the extent practicable, conform with those in civil non-jury cases in the district courts and the provisions of the State Administrative Procedure Act, article 4, title 24, C.R.S.

c. Audio, video and other similar evidentiary displays are permitted unless the Board rules otherwise or the Governor’s Office of Information Technology guidelines indicate otherwise. It is the sole responsibility of the sponsor of any electronic evidence to present the evidence in such a manner that it complies with the Governor’s Office of Information Technology guidelines.

Rule 20: Copies and Size of Evidence a. Xerox copies, photographic copies, or copies made by other types of similar procedures may be admitted in evidence or substituted in place of the original documents.

b. When oversized exhibits or materials are offered into evidence or made a part of the record, the Board may order them to be reduced to a specified size. When voluminous exhibits or materials are offered into evidence or made a part of the record, the Board may require that the contents be summarized.

Rule 21: Submission of Stipulations/Agreements as to Facts and/or Law a. Parties are encouraged to save time at hearing by stipulating in advance to the facts or the law when the facts or the law are not in dispute. Such agreements may be reduced to writing and filed with the Board as soon as practicable. The filing of such agreements shall conform with the service requirements set forth in Rule 5.

b. When no factual disputes exist, the Board may determine the matter after hearing oral argument from the parties.

Rule 22: Board Decisions All decisions of the Board shall be in writing and shall include the description and location of the property when applicable and the findings, conclusions and order of the Board. A decision of the Board must be agreed to by two members of the Board. The decision of the Board shall be communicated to all parties of the proceedings.

Rule 23: Declaratory Orders a. The Board may issue a declaratory order to terminate a controversy or to remove an uncertainty as to the applicability to any legal entity of any statutory provision or any rule or order of the Board.

b. The order may be sought by written motion, if the controversy or uncertainty arises in a pending Board matter, or by written petition if the controversy or uncertainty did not arise in any pending Board matter. The motion or petition shall identify the controversy or uncertainty and state what order the movant or petitioner seeks and why.

c. The application or petition shall outline the requested relief.

d. The Board has the sole discretion to decline to enter a declaratory order.

Rule 24: Dismissal for Lack of Jurisdiction Whenever it appears that a matter pending before the Board involves questions over which the Board does not have jurisdiction, the matter may be dismissed on motion of any party or intervenor to the action or on the Board’s own motion.

Rule 25: Suspension of Rules The Board may suspend any of its rules upon motion of a party or intervenor or by the Board upon its own motion when the interests of justice or fairness so require. _________________________________________________________________________ Editor’s Notes

History

Rule 11 eff. 09/14/2013.

Entire rule eff. 08/15/2019.

1302 Division of Housing

8 CCR 1302-1 FACTORY BUILT HOUSING CONSTRUCTION CODE AND MULTIPLE DWELLING CODE [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-1}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing FACTORY BUILT HOUSING CONSTRUCTION CODE AND MULTIPLE DWELLING CODE - Repealed effective 11/30/03 8 CCR 1302-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed effective 11/30/03 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1302-2 RESOLUTION NO..26 - RECREATIONAL AND PARK TRAILER VEHICLES [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-2 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-2}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION NO.26 - RECREATIONAL AND PARK TRAILER VEHICLES - Repealed effective 11/30/03 8 CCR 1302-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed effective 11/30/03 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1302-3 RESOLUTION NO. 25 - FACTORY BUILT HOUSING [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-3 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-3}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION NO. 25 - FACTORY BUILT HOUSING - Repealed effective 11/30/03 8 CCR 1302-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed effective 11/30/03 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1302-4 RESOLUTION NO. 10 - MANUFACTURED HOME CONSTRUCTION STANDARDS AND PROCEDURAL REGULATIONS [Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018] {#sec-8-ccr-1302-4 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-4}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION #10 – MANUFACTURED HOME CONSTRUCTION STANDARDS AND PROCEDURAL REGULATIONS - Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018 8 CCR 1302-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 03/30/2004.

Product Inspection service fee schedule emer. rule eff. 04/15/2018.

Product Inspection service fee schedule emer. rule eff. 05/16/2018.

Entire rule repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018.

8 CCR 1302-5 RESOLUTION NO. 23 - LIMITS FOR REVOLVING LOAN PROGRAM [Repealed eff. 04/14/2019] {#sec-8-ccr-1302-5 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-5}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION # 23 – LIMITS FOR REVOLVING LOAN PROGRAM - Repealed eff. 04/14/2019 8 CCR 1302-5 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 01/30/1993.

Entire rule repealed eff. 04/14/2019.

8 CCR 1302-6 RESOLUTION NO. 24 - FACTORY BUILT NONRESIDENTIAL STRUCTURE [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-6 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-6}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION NO. 24 - FACTORY BUILT NONRESIDENTIAL STRUCTURE - Repealed effective 11/30/03 8 CCR 1302-6 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed effective 11/30/03 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1302-7 RESOLUTION NO. 38 - MANUFACTURED HOUSING INSTALLATIONS [Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018] {#sec-8-ccr-1302-7 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-7}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION NO. 38 – MANUFACTURED HOUSING INSTALLATIONS - Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018 8 CCR 1302-7 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 11/30/2008.

Entire rule eff. 09/03/2013.

Section 12 eff. 05/30/2014.

Entire rule eff. 03/16/2016.

Schedule “A” Installation Program Fees emer. rule eff. 04/15/2018.

Schedule “A” Installation Program Fees emer. rule eff. 05/16/2018.

Entire rule repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018.

Annotations

Section 3, Registered Installer, paragraph beginning “RENEWAL: Any registered or certified installer ...”;

Section 5, paragraph beginning “Inspector certifications will remain valid for three years ...”; Section 9, paragraph beginning “In addition to the required inspections ...”; (adopted 10/14/2008) were not extended by House Bill 09-1292 and therefore expired 05/15/2009.

8 CCR 1302-8 RESOLUTION NO. 36 - ON-SITE CONSTRUCTION AND SAFETY CODES FOR MOTELS, HOTELS AND MULTI-FAMILY DWELLINGS IN THOSE AREAS OF THE STATE WHERE NO SUCH STANDARDS EXIST [Repealed eff. 07/01/2018] {#sec-8-ccr-1302-8 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-8}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION #36 - ON-SITE CONSTRUCTION AND SAFETY CODES FOR MOTELS, HOTELS AND MULTI-FAMILY DWELLINGS IN THOSE AREAS OF THE STATE WHERE NO SUCH STANDARDS EXIST - Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018 8 CCR 1302-8 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2009.

Entire rule eff. 01/01/2013.

Entire rule eff. 03/16/2016.

Schedule “A” Fee Schedule emer. rule eff. 04/15/2018.

Schedule “A” Fee Schedule emer. rule eff. 05/16/2018.

Entire rule repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018.

8 CCR 1302-9 RESOLUTION NO. 27 - HOME INVESTMENT TRUST FUND - SHORT TERM LOANS [Repealed eff. 03/30/2016] {#sec-8-ccr-1302-9 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-9}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION NO. 27 - HOME INVESTMENT TRUST FUND - SHORT TERM LOANS - Repealed eff. 03/30/2016 8 CCR 1302-9 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 03/30/2016.

8 CCR 1302-10 RESOLUTION NO. 29 - ON-SITE CONSTRUCTION AND SAFETY CODES [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-10 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-10}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION NO. 29 - ON-SITE CONSTRUCTION AND SAFETY CODES - Repealed effective 11/30/03 8 CCR 1302-10 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed effective 11/30/03 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1302-11 RESOLUTION NO. 35 - FACTORY BUILT NONRESIDENTIAL STRUCTURES [Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018] {#sec-8-ccr-1302-11 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-11}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION #35 – FACTORY BUILT NONRESIDENTIAL STRUCTURES - Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018 8 CCR 1302-11 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2009.

Entire rule eff. 01/01/2013.

Entire rule eff. 03/16/2016.

Schedule “A” Fee Schedule emer. rule eff. 04/15/2018.

Schedule “A” Fee Schedule emer. rule eff. 05/16/2018.

Entire rule repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018.

8 CCR 1302-12 RESOLUTION NO. 34 - FACTORY BUILT HOUSING [Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018] {#sec-8-ccr-1302-12 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-12}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION #34 - FACTORY BUILT HOUSING - Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018 8 CCR 1302-12 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 07/30/2009.

Entire rule eff. 01/01/2013.

Entire rule eff. 03/16/2016.

Schedule “A” Fee Schedule emer. rule eff. 04/15/2018.

Schedule “A” Fee Schedule emer. rule eff. 05/16/2018.

Entire rule repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018.

8 CCR 1302-13 RESOLUTION NO. 32 - RECREATIONAL AND PARK TRAILER VEHICLES [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-13 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-13}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing RESOLUTION NO. 32 - RECREATIONAL AND PARK TRAILER VEHICLES - Repealed effective 11/30/03 8 CCR 1302-13 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed effective 11/30/03 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1302-14 Non-Residential and Residential Factory-Built Structures and Tiny Homes; Sellers of Manufactured Homes and Tiny Homes; Manufactured Home, Tiny Home, and Multi-Family Structure Installations {#sec-8-ccr-1302-14 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-14}

Department of Local Affairs RULES GOVERNING FACTORY-BUILT STRUCTURES, INCLUDING RESIDENTIAL AND COMMERCIAL MODULAR STRUCTURES, MANUFACTURED HOMES, AND TINY HOMES; AND FOR HOTELS, MOTELS, AND MULTI-FAMILY STRUCTURES IN AREAS OF COLORADO WITH NO BUILDING DEPARTMENT 8 CCR 1302-14 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

Rule 1. Definitions In addition to the definitions provided in section 24-32-3302, C.R.S., the following definitions apply to these rules: 1.1 “Authorized quality assurance representative” as defined in section 24-32- 3302(1), C.R.S., means a “third-party agency” (defined in Rule 1.46) approved by the Division of Housing. 1.2 “Authority Having Jurisdiction” means an organization, political subdivision, office, or individual charged with the responsibility of administering and enforcing the provisions of the applicable building code. The authority having jurisdiction shall include a state agency or a local building department. 1.3 “Building contractor” (also a general contractor) means any individual or business entity who for compensation directs, supervises, or undertakes installation site preparation for or on-site construction (OC) work on a factory-built structure. 1.4 “Built-for-purpose trailer” means a vehicle trailer that is built to serve as a construction platform for a tiny home and has: a Vehicle Identification Number (VIN), a Gross Vehicle Weight Rating (GVWR), and is capable of sustaining and moving the tiny home. 1.5 “Certificate of Occupancy” means a certificate issued by the Division of Housing stating at the time of issuance the structure was built in compliance with all applicable codes and construction standards adopted by the State Housing Board. It only applies to motels, hotels, and multi-family structures in those areas of the state where no such standards exist through a local government. 1.6 “Certificate of Rough Installation” or “CORI” means a record of installation documented in a format prescribed by the Division of Housing which asserts that the fire suppression system has been installed in accordance with the Division’s codes, standards, rules, and regulations pertinent to fire suppression systems.

The CORI must accompany a complete set of design documents created by the design professional in accordance with these rules from the manufacturer to the installation site. 1.7 “Certified” is the status given by the Division of Housing to an installer, independent contractor, or manufacturer after submission of an application and required documentation set in rule shows compliance with the minimum performance standards for quality control of their respective registration requirements and approved by the Division. A business entity performing installations may become certified only when all registered installers within that entity have been certified. A certified individual installer registered under the business entity is authorized to only certify an installation they supervised completion of in compliance with Rule 1.12. 1.8 “Certified inspector” means one of the following individuals authorized by the Division of Housing: 1.8.1 An “independent contractor” as defined pursuant to section 24-32- 3302(15), C.R.S., that is authorized by the Division of Housing to perform or enforce installation inspections, 1.8.2 An employee of a “state” or “firm” as used in the definition of a “quality assurance representative” pursuant to section 24-32-3302(30), C.R.S., and further defined in Rule 1.46.2 of these rules, or 1.8.3 A Colorado-licensed design professional that is authorized by the Division of Housing to perform an on-site construction inspection and oversight manufacturer inspection. 1.9 “Closed panel system” means a building component or assembly built off-site that may include electrical, plumbing, mechanical, or insulation with finishes applied to both sides and then transported to be erected on-site to complete a residential or nonresidential building. 1.10 “Component” means a portion of a building system that, when completed, is not a unit. 1.11 “Conflict of interest” means when there is personal or private interest(s) sufficient to influence or appear to influence the proper exercise of duties or responsibilities. 1.12 “Direct on-site supervision” as used in section 24-32-3315(1)(b)(I), C.R.S., means the registered or certified installer must be present at the installation “site” as defined by section 24-32-3302(33), C.R.S., and readily available to properly supervise installation work as defined by section 24-32-3302(16), C.R.S., that is performed by an employee not registered or certified as an installer. 1.13 “Down payment(s)” as used in section 24-32-3325(2)(b), C.R.S, and Rules 4.6, 9.3, 9.4, 9.12, and 9.13, means all money given by a purchaser to a seller for the purchase of a manufactured home or tiny home before the manufactured home or tiny home is delivered. 1.14 “Emergency response unit” as used in Rule 2.16.3 is a facility or structure that may be used if a local government declares a state of emergency. Emergency response units may meet modified standards or use alternate materials or methods of construction. Emergency response units may be rapidly deployed by government agencies or humanitarian organizations, and provide immediate, short-term housing to individuals or families displaced by an emergency, such as a natural disaster or other urgent event. 1.15 “Factory-built” means the construction of nonresidential structures or residential structures (modular homes, tiny homes, or multi-family structures) that occurs at an off-site location (e.g., manufacturing plant, small business space or school workshop, or private barn), separate from the site where the structure is to be installed. 1.16 “Fire Inspector II” means an individual who has an International Code Council 67 Fire Inspector II credential, National Fire Protection Association (NFPA) Fire Inspector II, fire protection engineer, or equivalent credential approved through the Division of Housing, or through the Colorado Division of Fire Prevention and Control. 1.17 “Fire suppression system” means a fire suppression system (or components thereof) manufactured, assembled, or tested at a centralized manufacturing location prior to being transported to its final installation site, or is assembled, tested, and installed on-site. 1.18 “Fire suppression system contractor” means an individual or business entity that is approved to undertake, represents itself as being able to undertake, or does undertake to sell, lay out, fabricate, install, modify, alter, repair, maintain, or perform maintenance inspections on a fire suppression system in International Building Code (IBC, commercial or residential) or International Residential Code (IRC) residential occupancies. Individuals or businesses may hold Division of Housing-approved credentials or be registered as a fire suppression system contractor with the Colorado Division of Fire Prevention and Control. Contractors only installing fire suppression systems in IRC residential occupancies need to refer to the definition of a “residential fire suppression system contractor” in Rule 1.40. 1.19 “Fire suppression system designer” means an individual who is a fire protection engineer, National Institute for Certification in Engineering Technologies (NICET)

Level III or higher, or equivalent credential approved by the Division of Housing, or through the Colorado Division of Fire Prevention and Control to design fire suppression system. 1.20 “Fire suppression system plan reviewer” means an individual who has an International Code Council F3 Fire Plans Examiner credential, National Fire Protection Association (NFPA) Plans Examiner, fire protection engineer, or equivalent credential approved through the Division of Housing or through the Colorado Division of Fire Prevention and Control. 1.21 “Firm” as used in the definition of an “independent contractor” pursuant to section 24-32-3302(15), C.R.S., and in the definition of a “quality assurance representative” pursuant to section 24-32-3302(30), C.R.S., means a “third-party agency” (defined in Rule 1.46 below). 1.22 “HUD-code home” means a manufactured home constructed in compliance with 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 that federal act. 1.23 “Individual” as used in the definition of an “independent contractor” pursuant to

section 24-32-3302(15), C.R.S., means a Colorado-licensed design professional authorized by the Division of Housing to perform or enforce installation inspections and registered with the Division as defined in Rule 1.38. 1.24 “Insignia” means a seal, label, or tag issued by the Division of Housing that when permanently affixed to a structure confirms compliance as one of the following: 1.24.1 An “insignia of approval” pursuant to sections 24-32-3303(1)(c), 24-32- 3311(1)(a), 24-32-3311(1)(a.5), 24-32-3311(1)(b), 24-32-3311(4), 24-32- 3311(5), C.R.S., issued by the Division of Housing or an “authorized quality assurance representative” pursuant to sections 24-32-3302(1), 24- 32-3303(1)(c), 24-32-3304(1)(e), 24-32-3311(1)(a), 24-32-3311(1)(b), 24- 32-3311(4), and 24-32-3311(5), C.R.S., verifies that a factory-built structure is deemed to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the State. 1.24.2 A “certificate of installation” as defined pursuant to section 24-32-3302(3), C.R.S., and issued by the Division of Housing or a party authorized by the Division, verifies compliance with the installation standards established by the State Housing Board in Rules 2.21 through 2.24 of these rules. 1.25 “Installation Authorization” pursuant to sections 24-32-3317(1), 24-32-3317(2), and 24-32-3317(4), C.R.S., means a Division of Housing-approved form posted on the site of an installation, outside the boundaries of a “participating jurisdiction” as defined in Rule 1.31, verifying that the home owner or registered installer has made application with the Division to install a manufactured home or a tiny home and has received authorization to install it, or that the home will be installed by a certified installer who has automatic authorization to do so under their certified status. 1.26 “Multi-family structure(s)” means a commercial-use structure containing at least three independent dwelling units within an International Building Code (IBC)

Group R-2, R-3, or R-4 building; or a residential use structure built to the International Residential Code (IRC) Townhouse building provisions. Such commercial uses are limited to apartments, condominiums, live-work units, vacation time shares, and other similar uses with independent dwelling units where the building is used, intended, or designed to be built, used, rented, leased, let, or hired out to be occupied, or that are occupied for living purposes. 1.27 “No cover” means no materials, appliances, or equipment should be concealing any component specifically requested to be exposed for inspection by the Division of Housing or its authorized third-party agency or required for rough inspection per the adopted codes in these rules. 1.28 “Occupancy” or “Occupied” means a factory-built structure, manufactured home, or tiny home designed, built, modified, or used with the intent for individuals to enter. 1.29 “On-site Construction” or “OC” means on-site construction or modification of the factory-built structure that directly relates to the durability, quality, and safety; that is completed at the installation “site” as defined by section 24-32-3302(33), C.R.S.; using components not installed at the manufacturer’s location; and to complete the compliance of that structure as reflected in the Division of Housingapproved plans. These items do not include the component(s) required for setting and securing the structure for its installation. Fire suppression systems that are built and installed on-site are considered OC. 1.30 “Open construction” means any building component, assembly, or system manufactured in such a manner that all concealed parts or processes of manufacture can be readily inspected at the building site without disassembly, damage, or destruction, e.g., panelized construction assembled on-site, or units that arrive onsite for a no cover inspection by local jurisdiction. Note: Assembled rooms or spaces, panels with finishes applied to both sides and electrical wiring in conduit are not open construction, but rather a “closed panel system” as defined pursuant to Rule 1.9. 1.31 “Participating jurisdiction” means a “local government” as defined pursuant to

section 24-32-3302(18), C.R.S., which has agreed to administer and inspect manufactured housing installations and conduct on-site construction inspections within the legal boundaries of the jurisdiction and in compliance with the manufactured home, multi-family, and tiny home installation standards established by the State Housing Board in Rules 2.21 through 2.24 of these 1.32 “Permanent foundation” as defined in section 24-32-3302(26.5) C.R.S, is further defined to account for point loads of the structure to the ground, prevent lateral movement and overturning of the structure, and provide frost protection. Local government building departments are responsible for design review and approval of permanent foundations. For areas of the state without a local government building department, the Division of Housing will review and approve permanent foundations designed by a Colorado-licensed design professional for all factorybuilt structures, and for site-built hotels, motels, and multi-family structures. 1.33 “Plan” means a specific design for the construction of a structure submitted by the manufacturer or the building contractor to the Division of Housing or an authorized third-party agency for review and approval that typically includes a floor plan, elevation drawings, structural pages, electrical circuit layouts, recommended foundation drawings, mechanical drawings, plumbing isometrics, cross section drawings, an energy code compliance report, heat load calculations, and the engineering calculations. 1.34 “Quality control procedures” means procedures prepared by a manufacturer for each of its manufacturing facilities and approved by the Division of Housing or “third-party agency” (defined in Rule 1.46 below) describing the method that the manufacturer uses to assure structures produced by that manufacturer are in conformance with the applicable standards, codes, and approved plans. 1.35 “Red Tag Notice” means a physical identification posted visibly on a particular structure indicating that it is in violation of applicable state statutes, federal law, or these rules. A structure posted with this notice cannot be sold, offered for sale, nor have occupancy in Colorado. 1.36 “Regional model” means a factory-built structure, except a HUD-code home, designed to meet regional design criteria in Appendix A of these rules. Regional models may be installed in multiple locations across Colorado where the approved regional model plan meets or exceeds the regional design criteria adopted by the Division of Housing, without further plan review or approval. 1.37 “Regional model plan” means a set of construction plans designed to meet regional design criteria in Appendix A of these rules. Approved regional model plans may be used, without further plan review or approval, to manufacture factory-built structures to be installed in multiple locations across Colorado where the approved regional model plan meets or exceeds the regional design criteria adopted by the Division of Housing. 1.38 “Registered” is the status that is given by the Division of Housing that signifies that an installer, independent contractor, seller, building or general contractor, or manufacturer has met the minimum requirements for registration, and approved by the Division, through submission of an application and required documents set in these rules. 1.39 “Remote inspection” means a production inspection performed, where the inspector is in a location other than the location where the structure is being manufactured, using a computer having an internet or cellular connection to communicate with a manufacturer’s representative responsible for quality control.

The manufacturer’s representative responsible for quality control shall utilize a smart device (cell phone, tablet, etc.). The inspection must be performed in “real time” with continuous live stream video from the manufacturing location, and twoway audio. Each inspection must be securely stored on the internet and retrievable by VIN, serial number, insignia number or other Division of Housingapproved identifier. Remote inspections may only be conducted by an authorized third-party agency. 1.40 “Residential fire suppression system contractor” means an individual or business entity that offers to undertake, represents itself as being able to undertake, or does undertake to sell, lay out, fabricate, install, modify, alter, repair, maintain, or perform maintenance inspections on a residential fire suppression system.

Individuals or companies performing work on fire suppression systems only in IRC residential occupancies may hold Division of Housing-approved credentials or be registered as a fire suppression system contractor or residential fire suppression system contractor with the Colorado Division of Fire Prevention and Control. 1.41 “State Administrative Agency” or “SAA” means the Building Codes & Standards

Section of the Colorado Department of Local Affairs’ Division of Housing which has been approved or conditionally approved by the federal government to carry out its state plan for enforcement of its standards pursuant to Rules 2.17 through 2.20 of these rules. 1.42 “Temperature sensitive equipment” means equipment or instrumentation whose performance or lifespan can change due to changes in the ambient temperature surrounding that equipment or instrumentation. 1.43 “Temporary foundation” as defined in section 24-32-3302(34), C.R.S., is further defined to clarify that local government building departments are responsible for design review and approval of temporary foundations. For areas of the state without a local government building department, the Division of Housing will review and approve temporary foundations designed by a Colorado-licensed design professional for all factory-built structures, and for site-built hotels, motels, and multi-family structures. 1.44 “Temporary structure” means a structure that is intended to be installed at a location for no longer than 180 calendar days. 1.45 “Temporary use” means a structure that is only intended to be occupied for short periods of time. This use may be for temporary or permanent structures. 1.46 “Third-party agency” means one of the following entities authorized by the Division of Housing: 1.46.1 “ Firm” as used in the definition of an “independent contractor” pursuant to

section 24-32-3302(15), C.R.S., to perform or enforce installation inspections, or 1.46.2 “ State” or “firm” as used in the definition of a “quality assurance representative” pursuant to section 24-32-3302(30), C.R.S., to:

(A) Inspect a manufacturer’s registered or certified facility by conducting a “production review” pursuant to section 24-32- 3302(28), C.R.S., in order to determine its ability to follow a building “plan” approved by the Division of Housing and the construction standards and codes adopted by the State Housing Board, evaluating a manufacturer’s “quality control procedures,” and performing design evaluations;

(B) Inspect a factory-built structure or tiny home at seller lots or on-site as part of an oversight inspection of a registered factory, random audit inspection of a certified factory, or an on-site construction (OC) inspection to ensure compliance with construction standards and codes adopted by the State Housing Board;

(C) Certify a manufacturer’s factory-built structure or tiny home by affixing an insignia of approval issued by the Division of Housing deeming it to be designed and constructed in compliance with the requirements of all codes and standards enacted or adopted by the State Housing Board; or (D) Review and approve construction plans, submitted by manufacturers directly to the Division of Housing (in this case, the Division could contract with a third-party agency), or submitted by a manufacturer directly to a third-party agency. 1.47 “Tiny house” is distinct from a “tiny home” as defined pursuant to section 24-32- 3302(35), C.R.S., in that a “tiny house” as defined in Appendix BB of the 2024 International Residential Code shall be installed on a permanent foundation. 1.48 “Unit” means a box or boxes, or panelized structure that when assembled infactory or on-site complete a structure or space within a structure that is not a component and is certified independently from other units or structures. 1.49 “Vehicle chassis” means the base frame of a single-family dwelling, designed and constructed for long-term occupancy that supports the home’s construction and transportation, and includes axles, wheels, Gross Vehicle Weight Rating (GVWR) and a Vehicle Identification Number (VIN). 1.50 “Wildfire risk” means the threat to life and property posed by the intrusion of wildland fire into human development, specifically where structures meet or intermingle with wildland fuels.

Rule 2. Codes and Standards The State Housing Board hereby adopts and incorporates by reference the following nationally recognized codes, standards, guidelines, procedures, or rules in their entirety, except for the revisions, additions, deletions, or exceptions/exemptions specified below.

The incorporated codes, standards, guidelines, procedures, or rules do not include later revisions. They are readily available for public inspection in written format during the regular business hours at the Division of Housing, Building Codes and Standards

Section, 1570 Grant Street, Denver, CO 80203. Paper copies are available for a reasonable fee paid to the Division of Housing. Electronic copies are available from the agencies originally issuing them as noted below. In the case of a conflict between an adopted code, standard, procedure, or rules, the Division will review and provide written guidance.

For installation in Colorado, factory-built structures may be approved through one of two pathways.

(1) The first pathway requires that factory-built structures are designed and constructed to meet regional design criteria detailed in these rules (see Appendix A).

(2) The second, site-specific pathway allows approval based on designs that comply with codes adopted and amended within Rule 2, or other approved designs that are specific to a site. Site-specific designs may only be transferred to other locations with Division of Housing approval.

Codes and standards are organized as follows: construction codes are detailed in Rules 2.1 through 2.16. Rules 2.17 through 2.20 describe federal construction standards and procedures for HUD-code homes. Rules 2.21 through 2.24 detail state installation standards for manufactured homes and tiny homes.

Building Codes for Factory-Built Residential Structures and Tiny Homes; Factory- Built Nonresidential Structures; and Site-Built Hotels, Motels, and Multi-Family Structures in those areas of the State where no Standards Exist Manufacturers are permitted to use the construction codes in effect prior to the adoption of any new code for a maximum of 180 calendar days after the amendment in rule takes effect. The Program Manager for the Building Codes and Standards Section, the Director of the Office of Regulatory Oversight, the Deputy Division Director, or the Division Director is authorized to grant, in writing, one extension, for a period not more than 180 calendar days. 2.1 The International Building Code (IBC), 2024 Edition, published by the 2.1.1 Section 105.2 Work exempt from permit Revise #1 within “Building” to: 2.1.1.1 Any structures that are one story in height and utilized for the storage of equipment or materials that:

Do not exceed 120 sq. ft.
Are not connected to a permanent utility (power, sewer, fuel-gas)
Are not classified as an electrical hazardous area per Article 500 of the National Electrical Code (is a nonhazardous area), and - Are not installed on a permanent foundation. 2.1.1.2 Listed Structures A building that in its entirety operates as a listed product is automatically exempt as long as the manufacturer is able to demonstrate it is labeled as such. 2.1.1.3 Open Panel Construction:

A building component, assembly, or system constructed in the factory as open construction (see definition in Rule 1.30).

The above exemptions from approval through the Division of Housing do not grant any exemption from local jurisdiction requirements or State electrical or plumbing requirements.

The above exemptions do not grant authorization for any work to be done in a manner that is in violation of the provisions of the adopted codes. 2.1.2 Section 901.2 Fire Protection systems 2.1.2.1 Section 901.2.1 Certified inspector required An automatic fire sprinkler system shall be installed in buildings when required by the local jurisdiction where the structure will be set. Design approval, rough inspection, and final tests required by this Section shall be approved by a Division of Housing-approved quality assurance representative. 2.1.3 Section 907.2.11.2 (1) Smoke Alarms – Location 2.1.4 Section 907.2.11.6 Smoke Alarms – Power Source 2.1.5 Section 915.2.1 Carbon monoxide alarms – Locations 2.1.6 Section 915.4.1 Carbon monoxide alarms – Power Source 2.1.7 Section 1006.1 Numbers of Exit Access Doorways Add 1006.1 Single exit in certain multifamily residential structures – When permitted by the building code of the local jurisdiction where the building will be installed, or in a subject jurisdiction as defined in section 31-15-605(14)(e), C.R.S., a single exit may serve a building of no more than five stories for Group R-2 Occupancy as defined in section 31-15- 605(14)(b), C.R.S., if the building meets the requirements of section 31- 15-604, C.R.S., and the building code of the local jurisdiction where the building will be installed. 2.1.8 Chapter 11 Accessibility Accessibility must comply with one of the two most recent versions of the IBC accessibility standards at the time of plan submittal or the most recent version, if adopted by the Division of Housing at the time of plan submission. 2.1.9 Chapter 13 Delete in its entirety. 2.1.10 Section 1503.6 Roof Snow Guards Add:

If a snow guard system is provided by the manufacturer to the Division of Housing as part of its submitted design for the structure, then the snow guard is required to be installed per the manufacturer's instructions. 2.1.11 Section 1507.1.2 Ice barriers Add the following sentence at the beginning:

Due to a history of ice forming along the eaves in Colorado, an ice barrier is required.

And add the following language at the end of the first sentence: or not fewer than two layers of underlayment cemented together and to the roof. 2.1.12 Section 1601 General Add to 1601.1 Scope:

The Regional Design Criteria table below details requirements for IBC structures. See Appendix A of these Administrative Rules for additional 2.1.13 Section 1608.2 Ground snow loads Ground snow loads may be determined by using approved American Society for Civil Engineers (ASCE) 7-22: Minimum Design Loads and Associated Criteria for Buildings and Other Structures standards, as referenced in the IBC and IRC, for the specific site location where the structure will be installed, or use the local site data that is adopted and maintained by the Division of Housing that is based on local requirements that are less stringent than the ASCE 7-22 standards. In local jurisdictions that require higher snow load requirements than the site-specific ASCE 7- 22 standards, the local jurisdiction shall show evidence of the site-specific case study prior to the Division of Housing approving an increased snow load designation for that jurisdiction or specific site and adopted as local site data maintained by the Division. For site-specific structures, roof Snow Load (Pf) shall not be less than 30 PSF after roof snow load has been calculated from the known or designed Ultimate Ground Snow load value. The allowable increase of snow duration shall not be used when the snow load is above 65 PSF.

Once the ground snow load is determined using the approved methods above, the structure may be designed using one of the prescriptive regions in the table in Appendix A of these Administrative Rules or a structure may be designed for a site-specific location. Site-specific designs may only be transferred to other locations with Division of Housing approval. Regional models may be installed in multiple locations across Colorado where the approved regional model plan meets or exceeds the regional design criteria adopted by the Division of Housing. 2.1.14 Section 1609.3.1 Wind speed conversion Add this new section with the following language:

The 3 second gust basic wind speed shall be in accordance with the local jurisdiction requirements. The Exposure category shall be a minimum of C. Site-specific structures must be designed to wind load speeds using the ASCE standards.

The Exposure category shall be C, unless otherwise justified. 2.1.15 Section 2111.1 and 2111.14.1 Fireplaces Add this new section with the following language:

Every new fireplace must comply with one of the following:

Listed and labeled fireplace and chimney systems composed of factory-made components, and assembled in the field in accordance with the manufacturer’s instructions and the conditions of the listing, and 2. Approved gas logs. 2.2 The International Residential Code (IRC), 2024 Edition, published by the 2.2.1 Section 105.2 Work exempt from permit Revise #1 within “Building to: 2.2.1.1 Any structures that are one story in height and utilized for the storage of equipment or materials that:

Do not exceed 200 sq. ft., - Are not connected to a permanent utility (power, sewer, fuelgas)
Are not classified as an electrical hazardous area per Article 500 of the National Electrical Code (is a nonhazardous area), and - Are not installed on a permanent foundation. 2.2.1.2 Listed Structures A building that in its entirety operates as a listed product is automatically exempt as long as the manufacturer is able to demonstrate it is labeled as such. 2.2.1.3 Open Panel Construction A building component, assembly, or system constructed in the factory as open construction (see definition in Rule 1.30).

The above exemptions from approval through the Division of Housing do not grant any exemption from local jurisdiction requirements or state electrical or plumbing requirements.

The above exemptions do not grant authorization for any work to be done in a manner that is in violation of the provisions of the adopted codes. 2.2.2 Table R301.2 (1)

Revise as follows:

The Regional Design Criteria table below details requirements for IRC structures. See Appendix A of these Administrative Rules for additional 2.2.2.1 Please refer to Appendix A for all design criteria applicable to IRC regional models. 2.2.2.2 For IRC only structures, the following items apply in conjunction with the Regional Design Criteria Table in Appendix A.

Colorado Regional Design Criteria Design Criteria Minimums for All Regionsᴬ Minimum Requirement for IRC Structures Only Accessory Dwelling Unit (ADU) Fire Separation IRC Section R302.1ᴮ Thermal Climate Zone 7 Fire Suppression If required by localᴰ ᴬ The table represents minimum design criteria that a structure must meet when designing regional structures. ᴮ May be exempt if the local authority having jurisdiction does not require fire separation for ADUs.

Residential structures built to the IRC may be exempt from climate zone 7 thermal envelope requirements if the structure will be installed in a jurisdiction in climate zone 4. ᴰ Fire suppression is required if required by the local authority having jurisdiction. A National Fire Protection Association (NFPA) 13D fire suppression system is required for all IRC residential structures. 2.2.3 Table R301.5 – Live Loads Add footnote (j) to Decks, Porches, Exterior balconies, Fire escapes to read as follows:

(j)

When the Allowable Stress Design (ASD) flat roof snow load is above 40 PSF, decks, external balconies, fire escapes, or other walking surfaces must be designed to consider the maximum flat roof snow load or the design live load. 2.2.4 Section R319.1 Emergency escape and rescue opening required Add to the first sentence: ...,Cape Cod style attics that qualify as a story, and every... 2.2.5 Section 318.7.13 Ships ladders Add the following sentence to the end of the Exception:

The device must remain fixed in position when used in these areas. 2.2.6 Section R313 Automatic Fire Sprinkler Systems Delete this section and replace it with the following:

An automatic fire sprinkler system shall be installed in one- and two-family dwellings and townhouses when required by the local jurisdiction where the structure will be set. Design approval, rough inspection, and final tests required by this Section shall be approved by a Division-approved quality assurance representative. 2.2.7 Section 310.3 (2) Smoke Alarms – Location 2.2.8 Section 310.6 Smoke Alarms – Power Source 2.2.9 Section 311.3 Carbon monoxide alarms – Locations 2.2.10 Section 311.6 Carbon monoxide alarms – Power Source 2.2.11 Section 903.5 Roof Snow Guards Add:

Section R802.10.5 Marking Each truss shall be legibly branded, marked, or shall have other permanent labeling of the truss drawing’s designated identification number on the large face of the top chord and within two (2) feet of the peak of the truss. 2.2.13 Section R905.1.2 Ice barriers Due to a history of ice forming along eaves in Colorado, an ice barrier is required. The ice barrier shall consist of a self-adhering polymer-modified bitumen sheet and shall extend from the eave’s edge to a point at least 24” inside the exterior wall line of the building or not fewer than two layers of underlayment cemented together and to the roof. 2.2.14 Section R1004.4, G2406.2 exceptions 3 and 4, G2425.8 #7, G2445 Delete all and replace with the following:

Unvented fuel fired room heaters and unvented fuel fired fireplaces are prohibited. 2.2.15 Add the following new sections:

Section R1001.1and R1004.1 – Fireplaces Every new fireplace must comply with one of the following:

Listed and labeled fireplace and chimney systems composed of factory-made components, and assembled in the field in accordance with the manufacturer’s instructions and the conditions of the listing, and 2. Approved gas logs. 2.2.16 Section P2503.5.1 Rough plumbing Delete the words “other than plastic” in the sentence for water and air testing. 2.2.17 Chapter 11 Energy Efficiency Delete in its entirety. 2.2.18 Section M2001.1 Installation and G2452.2 Installation Add the following sentence:

All rooms or spaces containing boilers shall be provided with a floor drain and trap primer. 2.2.19 Section M2005.1 Water Heaters Add the following sentence:

All rooms or spaces containing water heaters shall be provided with a floor drain and trap primer. 2.2.20 Section G2417.4.1 Test pressure The test pressure to be used shall not be less than 1 ½ times the proposed maximum working pressure, but not less than 10 psig (69 kPa gauge) for a period of not less than 15 minutes. Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. The test pressure for valves and connections to appliances shall not exceed 0.5 psig (3kPa). 2.2.21 Section G2425.8 Appliances not required to be vented Delete number seven (7). 2.2.22 Section G2427.4.1 Plastic piping Add new sentence at the end of the section to read:

Cellular core PVC piping is prohibited from ventilating any gas-fired appliance. 2.2.23 Electrical Sections Delete Chapters 34 through 43. 2.2.24 Appendix A – Sizing and Capacities of Gas Piping Adopted. 2.2.25 Appendix P – Sizing of Water Piping System Adopted. 2.2.26 Appendix BB – Tiny Houses and Tiny Homes 1. Amend Appendix BB Tiny Houses as follows:

a. BB101.1 Scope: Change to read: This appendix shall be applicable to tiny houses, and “tiny homes” as defined by

section 24-32-3302(35), C.R.S., used as single dwelling units. Tiny houses, and “tiny homes” as defined by section 24-32-3302(35), C.R.S., shall comply with this code except as otherwise stated in this appendix. Insert “...and tiny homes” after each reference to “tiny houses” in all sections of this appendix.

b. BB106.2 Alternative Compliance: Add condition 7: Tiny homes may use R30 in ceiling insulation to meet the intent of R402.1.2 and R402.2.2.

c. Add: BB107: Bathroom Lavatory: For tiny homes, if a bathroom lavatory cannot be added due to size constraints, then the kitchen sink can be substituted to meet the lavatory requirement.

d. Add: BB108: Construction on a Built-for-Purpose Trailer. The tiny home will be built on a built-for-purpose trailer. Trailers that have structure modifications prior to the start of the tiny home build must provide engineered stamped drawings and the documentation to be roadworthy on Colorado roads.

(Structural modifications may change the trailer classification to a kit trailer or homemade trailer and a new VIN/GVWR and physical inspection by the Colorado Department of Transportation or Colorado State Highway Patrol, or other approved agencies may be required.)

e. Add: BB109: Tiny Home on a Temporary Foundation. A tiny home on wheels which is installed on a temporary foundation may utilize connections to an electrical pedestal or plumbing connections that allow for movement from one location to another. 2.3 The International Mechanical Code (IMC), 2024 Edition, published by the 2.3.1 Section 303.3.1 LPG appliance LPG appliances shall not be installed in a pit, basement, or crawl space where unburned fuel may accumulate unless an approved sensing device is installed in conjunction with an automatic shutoff valve located where the gas enters the structure only for retrofitting of existing structures or as required by the local jurisdiction. 2.3.2 Section 903.1 General Add the following additional sentence:

Every new installation of a solid fuel-burning, vented decorative appliance or room heater shall meet the most stringent emission standards for wood stoves established under State statute and/or regulations promulgated by the State Air Quality Control Commission as of the time of installation of the appliance or room heater. (Effective January 1, 1991 – CC90-617). 2.3.3 Section 903.3 Unvented gas log heaters Delete this section in its entirety. 2.3.4 Section 1109.2.5 Refrigerant pipe shafts Delete from number 2: “using Group A1 refrigerant.” 2.4 The International Plumbing Code (IPC), 2024 Edition, published by the International Code Council, Inc. (ICC). The edition adopted by the Colorado State Plumbing Board will be the state-adopted edition. (Note: This code is a safety code and is available through the ICC at: https://www.iccsafe.org.)

A transition period of 180 calendar days after the effective date applies. The Program Manager for the Building Codes and Standards Section is authorized to grant, in writing, one extension, for a period not more than 180 calendar days.

Any conflicts that may arise between these amendments and a future Stateadopted edition of the IPC shall be resolved by applying the specific amended provisions of the 2024 edition. The following amendment is made to the IPC for use with all factory-built units: 2.4.1 Appendix Chapter E – Sizing of water piping systems 2.4.1.1 Section 312.3 Delete the words “Plastic Piping shall not be tested by using air”. 2.5 The National Electrical Code (NEC), published by the National Fire Protection Association, Inc. (NFPA), and the Edition as adopted by the Colorado State Electrical Board at the time of plan submittal with the following amendments:

(Note: This is a safety code and is available through the NFPA at: https://www.nfpa.org.)

Any conflicts that may arise between these amendments and a future Stateadopted edition of the NEC shall be resolved by applying the specific amended provisions of the 2023 edition. The following amendments are made to the NEC for use with all factory-built structures: 2.5.1 Article 210.52(A)(2) Wall Space.

Add the following exception to the end: Space directly below the island and peninsular countertop and work surfaces are not considered wall space. 2.5.2 Article 210.52(C)(2) Island and Peninsular Countertops and Work Surfaces.

Add the following sentence to the end: “Receptacle outlets, other than those installed per 210.52(C)(3) shall not be installed in the space directly below the island or peninsular countertop or work surface. 2.5.3 Article 545 Manufactured Buildings 2.5.3.1 Section 545.14 Testing of Factory-built Structures with a Permanent Chassis (A) Continuity and Operational Tests and Polarity Checks. Each manufactured building shall be subjected to:

(1) An electrical continuity test to ensure that all exposed electrically conductive parts are properly bonded;

(2) An electrical operational test to demonstrate that all equipment, except water heaters and electric furnaces, is connected and in working order; and (3) Electrical polarity checks of permanently wired equipment and receptacle outlets to determine that connections have been properly made.

These tests shall be performed after branch circuits are complete and after wiring devices are installed and wiring properly terminated. 2.5.4 Article 334.23 Cables Run Across the Top of Floor Joists/Rafters Add the following new sentence at the end:

Substantial guard strips or other protection shall be provided to protect wiring within three (3) feet of the marriage line where the attic is exposed and the roof is completed on-site, such as a hinged roof. 2.5.5 Article 210.8(F) Outdoor Outlets Add the following to the existing exception: ...than those covered in 210.8(C), and outlets designated for outdoor mechanical cooling equipment.

This exception is limited to outdoor mechanical cooling equipment shipped loose by the manufacturer with the factory-built structure to be completed on-site. This exemption does not apply if the outdoor mechanical cooling equipment is provided by any other party. If it is provided by a party that is not the manufacturer of the factory-built structure, then the State Electrical Board’s requirement applies. 2.6 The International Fuel Gas Code (IFGC), 2024 Edition, published by the 2.6.1 Section 303.3 Prohibited locations Add the following:

LPG appliances shall not be installed in a pit, basement, or crawl space where unburned fuel may accumulate unless an approved sensing device is installed in conjunction with an automatic shutoff valve located where the gas enters the structure only for retrofitting of existing structures or as required by the local jurisdiction. 2.6.2 Section 303.3, 501.8 #8, Section 621 Delete all and replace with the following:

Unvented fuel fired room heaters and unvented fuel fired fireplaces are prohibited. 2.6.3 Section 406.4.1 Test pressure The test pressure to be used shall not be less than 1½ times the proposed maximum working pressure, but not less than 10 psig (69 kPa gauge), irrespective of design pressure, for a period of not less than 15 minutes.

Where the test pressure exceeds 125 psig (862 kPa gauge), the test pressure shall not exceed a value that produces a hoop stress in the piping greater than 50 percent of the specified minimum yield strength of the pipe. The test pressure for valves and connections to appliances shall not exceed 0.5 psig (3kPa). 2.6.4 Section 501.8 Unvented appliances Delete number seven (7). 2.6.5 Section 503.4.1 Plastic piping Add new sentence at the end of the section to read:

Cellular core PVC piping is prohibited from ventilating any gas-fired appliance. 2.7 The International Energy Conservation Code (IECC), 2024 Edition, published by the International Code Council, Inc. (ICC) with the following amendment: (Note:

This code is available through the ICC at: https://www.iccsafe.org.) 2.7.1 Section R402.4.1.2 Add the following requirement:

All air barrier elements shall be installed as detailed in Table 402.4.1.1 and are inspected and verified with a checklist incorporated into the Quality Assurance Inspection Checklist and part of the “finished home” file for the building/dwelling. All elements of the air barrier shall be listed and installed per the manufacturer's installation instructions. A completed air barrier checklist shall be kept on file with the Division of Housing and the manufacturer’s quality assurance program. 2.8 The International Fire Code (IFC), 2024 Edition, published by the International Code Council, Inc. (ICC) with the following amendments: (Note: This is a safety code and is available through the ICC at: https://www.iccsafe.org.). This adoption applies only to the construction of factory-built structures. 2.8.1 IFC appendices are not applicable unless adopted by the local fire protection district where the factory-built structure will be installed. 2.8.2 Regulation of IFC Chapters 5 and 9 requirements will be delegated to the local fire protection district where the factory-built structure will be installed. Fire suppression systems will be installed where the local jurisdiction requires fire suppression.

Exception: Where the proposed site location does not have an adopted Fire Code, the site water supply, fire hydrant performance, and spacing criteria to be provided in accordance with an approved method per IFC

Section 507.3 (e.g., IFC Appendix B, C, or NFPA 1142). 2.8.3 Add IFC Section 106.1.1 Preparation of construction documents required by IFC Section 105.6.1, 105.6.2, 105.6.7, 105.6.8, 105.6.20, 105.6.24 are to be prepared by a professional engineer registered in the State of Colorado in an applicable discipline and/or by a minimum NICET level III designer in the applicable field of expertise. 2.9 ICC/MBI 1200 – 2021 Standard for Off-site Construction: Planning, Design, Fabrication and Assembly. This standard is available through the ICC at: https://www.iccsafe.org. 2.10 ICC/MBI 1205 – 2021 Standard for Off-site Construction: Inspection and Regulatory Compliance. This standard is available through the ICC at: https://www.iccsafe.org. 2.11 ICC/MBI 1210 – 2023 Standard for Mechanical, Electrical, Plumbing Systems, Energy Efficiency and Water Conservation in Off-site Construction. This standard is available through the ICC at: https://www.iccsafe.org. 2.12 ICC 2019 G5 Guideline for the Safe Use of ISO Containers. This standard is available through the ICC at: https://www.iccsafe.org. 2.13 ICC 2023 G6 Guideline on Advanced Panelization for Buildings. This standard is available through the ICC at: https://www.iccsafe.org. 2.14 2023 Colorado Model Electric Ready and Solar Ready Code. This code is available through the Colorado Energy Office at: https://drive.google.com/drive/folders/1djvz5to3UVDPC_g7Z0nwIgBtQwBinmuz. 2.15 2025 Colorado Wildfire Resiliency State Code (CWRC) and Map established through 8 CCR 1507-39. This adoption applies only to the construction of factorybuilt structures. 2.15.1 2025 Colorado Wildfire Resiliency Code Map. The CWRC Board also directed the creation of a Fire Intensity Classification later for the 2025 CWRC Map. More information is available at: https://dfpc.colorado.gov/colorado-wildfire-resiliency-code. 2.15.2 CWRC Board-approved local amendments to the CWRC Code or Map or submitted to the Division of Housing as an alternate construction standard are applicable to construction standards. 2.15.3 Local jurisdictions may seek Division approval for alternate construction under Rule 2.16 for compliance with local wildfire mitigation. 2.15.4 When the Colorado Wildfire Resiliency State Code and Map show two different fire intensities for a site where a factory-built structure will be installed, the structure must be designed and built to the more stringent 2.15.5 Section 403.2.2 Roof Valley Flashing Revise to:

When installed, valley flashing... 2.16 Upon written request, the Division of Housing will consider modifications to the standards or alternate materials and methods of construction. The Division will require that sufficient evidence or proof be submitted to support and substantiate the modification or alternate request. 2.16.1 The Division of Housing may approve any such modification or alternate, provided the Division finds that the proposed modification or alternate conforms with the intent and purpose of the standards and is equivalent in suitability, strength, effectiveness, durability, safety, and sanitation. 2.16.2 The approval of any modification and/or alternate by the Division of Housing will be made in writing and is required prior to commencing the work in question. 2.16.3 Emergency Response Units: In the event that a local jurisdiction has declared a state of emergency, and met the written request and evidence or proof submitted to support and substantiate the request as stated in

Rule 2.16, and provided the Division of Housing makes the findings required by Rule 2.16.1, the Division may for a period of 180 calendar days allow a modification to the standards, or alternate materials and methods of construction. Additional 180-calendar day extensions may be requested in writing by the local jurisdiction to the Division. Requests from the local jurisdiction should include a copy of the approved local jurisdiction codes and explanation of the requested changes and any sitespecific information. Requests will not be accepted that are more stringent than the current adopted codes. These structures will receive an Emergency Response Unit insignia from the Division of Housing. 2.16.3.1 An emergency response unit may only be moved to a different jurisdiction if the receiving jurisdiction accepts the structure. 2.16.3.2 Any modifications to change the use of an emergency response unit must be approved by the Division of Housing, unless modified on-site and the local jurisdiction accepts responsibility for all inspections. Local jurisdictions may take responsibility for emergency response units permanently located in their jurisdiction. 2.16.3.3 Emergency response units permanently installed as one- or multi-family dwellings must comply with the Manufactured Home Installation Program requirements detailed in Rule 10.

Construction Standards and Procedures for U.S. Housing and Urban Development (HUD) Homes These standards and procedures are available through HUD at: https://www.hud.gov.

The State Housing Board adopts the following requirements for manufactured homes constructed to the “National Manufacturing Housing Construction and Safety Standards Act of 1974”, 42 U.S.C. sec. 5401 et seq. (manufactured from June 15, 1976 to present): 2.17 Compliance with Title 24: Housing and Urban Development; Subtitle B— Regulations Relating to Housing and Urban Development (Continued); Chapter II—Office of Assistant Secretary for Housing—Federal Housing Commissioner, Department of Housing and Urban Development; Part 3280—Manufactured Home Construction and Safety Standards, of Title 24. 2.18 Compliance with Part 3282—Manufactured Home Procedural and Enforcement Regulations of the same title, subtitle, and chapter in Rule 2.17 as applied and enforced as the state administrative agency for the federal government. 2.19 Compliance with Part 3286—Manufactured Home Installation Program of the same title, subtitle, and chapter in Rule 2.17, which is inspected and enforced through application of the Division of Housing’s adopted Manufactured Housing Installation Codes. 2.20 Compliance with Part 3288—Manufactured Home Dispute Resolution Program of the same title, subtitle, and chapter in Rule 2.17 as applied and enforced as the state administrative agency for the federal government.

Manufactured Home and Tiny Home Installation Standards These standards and guidelines are available through the Division of Housing in the form of the “Manufactured Home Installation Manual” located at: https://drive.google.com/file/d/11pJ15Q6xNN8dy5R1c6nHYtHS-CuGbrOk/view. 2.21 Factory-built residential structures (modular) must be installed on a permanent foundation approved through the local jurisdiction. In areas where no building codes have been adopted, the foundation must be designed and approved by a state of Colorado-licensed engineer unless plans are approved by the Division of Housing and in compliance with its adopted International Residential Code (IRC) foundation prescriptive requirements. The current written installation instructions provided by the manufacturer of the home must be followed. 2.22 An installation of a HUD-code home in this state must be performed in strict accordance with the applicable manufacturer's installation instructions. The value of the allowable bearing capacity of the soil the home will rest on must be recorded by the installer on the Installation Authorization form or other Division-approved form and justification for higher values also provided if it is determined to be other than 1,500 psf. 2.23 An installation of a tiny home in this state must be performed in strict accordance with the applicable manufacturer's installation instructions.

Tiny homes may be installed on a temporary or permanent foundation. 2.24 Older manufactured homes and tiny homes that do not include an installation manual, to include pre-1976 mobile homes and HUD-code homes, must be installed in accordance with one of the following alternate standards adopted by the Division of Housing and State Housing Board: 2.24.1 Structural attachment requirements approved by a State of Colorado actively licensed engineer. 2.24.2 Current version of the International Residential Code (IRC) as adopted by the State Housing Board. 2.24.3 HUD-code homes may be installed per the most current version of the National Fire Protection Association (NFPA) 225, Model Manufactured Home Installation Standard.

Rule 3. Fees The State Housing Board establishes the following schedule of fees, which are not subject to refund, are due in advance, and must accompany the appropriate application, except for certain inspection fees: 3.1 Annual registration or authorization fees: 3.1.1 Plant/Manufacturer: $792.00 3.1.2 Seller: $200.00 3.1.3 Installer (Individual or business): $250.00 3.1.3.1 A business entity will pay an initial annual registration fee of $250. The annual renewal fee shall be $250. Additional qualifying individuals may be added to the business entity registration during the annual registration cycle for a processing fee of $100. Adding qualified individuals will not change the renewal cycle of the business entity installer registration. 3.1.4 Independent Inspector (Installations): $461.00 3.1.5 Third-Party Agency $500.00 3.1.6 Building/General Contractor Registration $200.00 3.1.7 Late re-registration or authorization fee (over 30 days) $128.00 3.2 Plan Screening Fee $200.00 per regional model or site-specific 3.2.1 Administrative Processing: Plan Filing Fee 50.00 3.3 Plan checking fees: 3.3.1 Finished space: $0.33 per sq. ft. 3.3.2 Unfinished space (attics, lofts, garages, etc.): $0.14 per sq. ft. 3.4 Supplemental plan check fee (renewal, etc.): $0.14 per sq. ft. 3.4.1 2nd Resubmittal Plan Check Fee $130.00 3.4.2 Revision Fee or Regional Model Plan Options $77 per hour 3.5 Third-party oversight plan check fee (includes audits): $0.20 per sq. ft.

($150 min.) 3.6 Insignia fees: 3.6.1 Primary Insignia: $165.00 3.6.2 Additional Floor Tag: $165.00 3.6.3 Inspection-only Tag: $165.00 3.6.4 Component-only Insignia: $165.00 3.6.5 Modification Insignia: $165.00 3.6.6 Installation Insignia (free for participating jurisdictions): $80.00 3.7 Inspection fees: 3.7.1 In-Plant/Factory inspection fee: $449.00 per inspection 3.7.2 Oversight inspection fee, including re-inspections: $357.00 per inspection/address (A) An additional multi-box fee is required if the structure has more than 3 boxes – add $33.00 per box.

(B) Multi-family IBC Inspection Fee $400 per dwelling unit plus an additional multi-box fee is required if the structure has more than 3 boxes – add $40 per box. An allday (up to 8 hours) fee may be determined if necessary. Multi-day fees will require extra fees for lodging/food. 3.7.3 Special inspection fee:

(A) In-state: $77.00 per hour, per inspection, plus trip expenses of travel, food, lodging, parking, car rental, etc., as allowed in state fiscal rules for per diem and travel.

(B) Out-of-state units manufactured in Colorado: $448.00 per inspection/unit 3.7.4 Modification inspection fee: $225.00 3.7.5 Installation inspection fee (residential):

(A) Final or Foundation (Rough or Final): $265.00 plus an additional multi-box fee is required if the building has more than 3 boxes – add $33 per box.

(B) Re-inspection fee: $265.00 (C) Multi-family Installation Fee $357.00 per building plus an additional multi-box fee is required if the building has more than 3 boxes – add $33 per box. An allday (up to 8 hours) fee may be determined if necessary. Multi-day fees will require extra fees for lodging/food.

(D) Installation Authorization Fee $26.00 3.7.6 Complaint Inspections $250.00 (if a correction notice is upheld) 3.7.7 Non-Compliance/Prohibited Sale/Red Tag fee: $330.00 3.7.8 Cancelled Inspection fee – same day Full fee 3.8 Audit Fees 3.8.1 Manufacturers – plans $0.32 per sq. ft.

($150 min.) 3.8.2 Manufacturers – documentation $125.00 3.8.3 Third-Party Agencies – inspections and documentation $125.00 3.8.4 Sellers – documentation $125.00 3.8.5 Installers – documentation $125.00 3.9 Certificate of Occupancy fee (only applies to hotels, motels, and multi-family structures in those areas of the state where no standards exist): $165.00 3.10 Waiver of fees: 3.10.1 Pursuant to section 24-32-3315(7)(a), the Division of Housing does not charge for certification of installers. 3.10.2 The Division of Housing waives the fee for certification of an independent inspector. 3.10.3 The Division of Housing does not charge for installer or inspector exams. 3.10.4 The Division of Housing waives the insignia fee for local jurisdictions that perform installation inspections as authorized participating jurisdictions. 3.11 As-built structures 3.11.1 As-built structures will be charged double the respective fee for each unit if found to not have gone through the proper approved procedures here within these rules for plan approval, manufacturer registration, inspections, or reporting.

Rule 4. Factory-Built Residential Structures (Modular, Tiny Homes, and Multi-Family) and Non-Residential Structures (Commercial) Requirements 4.1 Every “factory-built structure” as defined in section 24-32-3302(11), C.R.S., that is manufactured, sold, offered for sale, or occupied in Colorado must display an insignia issued by the Division of Housing certifying that the structure is constructed in compliance with the codes adopted by the State Housing Board.

This does not apply to factory-built structures manufactured or sold for transportation to and installation in another state. However, if the structure were to return to Colorado for use, then it would require an insignia issued by the Division of Housing. To assist with the certification process, pursuant to section 24-32-3303(1)(a), C.R.S., a “manufacturer” as defined in section 24-32-3302(23), C.R.S., is required to be “registered” (based on qualifications) or “certified”

(based on performance) with the Division of Housing. 4.1.1 Registration or certification is for a specific manufacturing facility location and is not transferable to any other location including those of the same manufacturer. 4.1.2 A registered or certified manufacturer is required to inform the Division of Housing of a change in ownership, address, or location within ten (10) business days of such change. 4.1.3 Tiny homes built for personal use, not to be sold within one (1) year, may be inspected and certified for construction and installation. The tiny home must be built to the Division of Housing-approved Administrative Rules and inspected at all stages of construction by the Division or a Divisionauthorized representative. The approval is only valid for that specific jurisdiction. If the tiny home is relocated outside of that jurisdiction, then it is subject to the local codes and ordinances of the jurisdiction it is relocated to. 4.1.3.1 Tiny homes built for personal use are limited to one structure per household. More than one structure will be considered manufacturing and requires registration as a manufacturer per this

Rule 4. 4.1.4 Tiny homes built for personal use and only intended for use within the jurisdiction they are built in, are regulated by the local building department, follows the local codes and ordinances, and will not be certified by the Division as a State-approved structure. 4.2 Homeowners may build their own residential modular structure for personal use, but not for the purpose of selling it. The structure must be built to the Division of Housing-approved Administrative Rules and inspected at all stages of construction by the Division or a Division-authorized representative. 4.2.1 Modular structures built for personal use are limited to one structure per household. More than one structure will be considered manufacturing and requires registration as a manufacturer per this Rule 4. 4.3 Registered/certified manufacturers are required to have that facility’s production approved by the Division of Housing or an authorized third-party agency through an initial review of its quality control (QC) program and the quality control personnel that ensure construction code compliance. The Division of Housing must be notified of any changes to the QC program or personnel. 4.4 The manufacturer’s QC department must perform “no cover” inspections for all phases of construction on all structures, components, and panels, and witness all required tests, regardless of whether the facility is registered or certified. 4.5 Upon the manufacturer’s receipt of the approved plans and manual, an authorized third-party agency may proceed with QA, rough, and final inspections with registered manufacturers, or if the manufacturer is certified, to include factory oversight inspections. 4.6 Manufacturers who collect deposits for the direct sale of one- or two-family dwellings directly to consumers must register as a seller with the Division of Housing and follow all statutory and Rule 9.2 requirements. 4.6.1 The exception is if the purchaser is a developer who in turn plans to resell the home to the end-user; the developer in that scenario is required to be a registered seller with the Division of Housing. 4.6.2 Manufacturers who receive down payments or deposits from registered sellers must provide the following protections for down payments in excess of the cost of materials, construction, design, and administration of the specific home ordered by the consumer.

(1) Provide to the Division of Housing a letter of credit or surety bond in the amount of $100,000 which the Division may call upon after an enforcement action for cancellation or failure to deliver a structure when the down payment is not returned.

(2) Make available to the Division of Housing upon request an accounting of deposits received, and amounts spent for materials, construction, design and administration for each structure from time of deposit received to delivery of the structure if the Division requests this information as part of an audit to verify compliance. 4.7 In order to provide efficiency, manufacturers building multi-family or commercial structures as a part of a development project of five (5) or more buildings must contact the Division of Housing and provide a project plan that includes: project schedule, production schedule, on-site construction items, and installation plan and schedule. It is recommended to contact the Division of Housing early in the planning process, even before all the required documents are available. The Division will evaluate the materials provided, meet with the respective parties, and determine a total estimated fee schedule. Overnight stays by inspectors may require additional expenses. Following the installation, it is recommended that a follow-up meeting be conducted with all applicable parties to check the status of the project plan. 4.8 Manufacturers using the services of a building contractor for site preparation or on-site construction activities are responsible for ensuring that the building contractor who supervises site preparation or on-site construction work holds a current license required by the local jurisdiction where the work is being performed or is registered with the Division of Housing, per Rule 6. 4.8.1 If using a building contractor for site preparation work or on-site construction related to the completion of the structure, the supervising building contractor must complete the Division of Housing’s contractor education regardless of whether they are licensed by a local jurisdiction or registered with the Division.

Manufacturer Registration 4.9 Once issued by the Division of Housing’s Building Codes & Standards Section, a registration is active for one (1) year and must be successfully renewed in order to continue manufacturing structures in the state of Colorado, or shipping structures to Colorado. Notifications are only sent as a courtesy, for all registration types, when the registration period is going to expire at 60 days and 30 days prior to the expiration date, and when it expires. 4.10 At the time of registration, all manufacturers are required to have Division of Housing approval, in writing, of the authorized third-party agency or agencies that will conduct plan review and approval, or production inspections and certification of Colorado structures on behalf of the Division. A manufacturer is also required to request approval of the Division of Housing thirty (30) days prior to any subsequent change of a third-party agency. 4.11 A registration will remain active if a complete application is submitted to the Certified Manufacturer Status 4.12 A manufacturer must maintain an active Colorado registration for each manufacturing facility requesting certified status. 4.12.1 Out-of-state, registered manufacturers must utilize an authorized thirdparty agency to submit a recommendation for certified manufacturer status to the Division of Housing. 4.12.2 In-state, registered manufacturers may utilize an authorized third-party agency to submit a certified manufacturer recommendation or request certified manufacturer status from the Division of Housing. 4.12.3 Each manufacturing location will require a separate, certified manufacturer recommendation. 4.12.4 The Division of Housing and authorized third-party agencies will utilize the following criteria for approval of registered manufacturers requesting certified manufacturer status.

(A) Verify that accountable personnel are capable of identifying and addressing non-conforming items.

(B) Verify that training has been achieved for all accountable personnel.

(D) Verify that the last three buildings delivered to Colorado have completed production in compliance with (A), (B), and (C) above. 4.12.5 Recommendations received from an authorized third-party agency will be reviewed, and if deemed compliant, approved by the Division of Housing and a letter will be sent to the certified manufacturer and the third-party agency doing production inspections. 4.13 All certified manufacturers are registered manufacturers and must follow all registered manufacturer requirements unless specifically exempted or changed in these rules. 4.14 Certified manufacturer status for a specific facility is considered ongoing unless the manufacturer fails to perform as described in Rule 4.13. An annual letter will be required from the manufacturer regarding any changes, or stating no changes, in the quality control program in order to continue certified manufacturer status. 4.15 The Division of Housing may immediately seek summary suspension to remove the designation of certified manufacturer status for failure to remedy any of the following conditions after notice from the Division of Housing: 4.15.1 A manufacturer continues working with a third-party agency for which the Division has suspended or revoked authorization. 4.15.2 The change of a facility location. 4.15.3 The manufacturer has had insignias of approval removed pursuant to Division of Housing procedures. 4.15.4 Failure to remedy manufacturing defects or deficiencies as identified by the Division of Housing and failure to provide a quality control program update on corrective actions taken to remedy identified defects or deficiencies. 4.15.5 Notification by an authorized third-party agency regarding failure to meet quality control guidelines. 4.15.6 The factory is not in compliance with “Performance Criteria for Monitoring Manufacturers and Third-Party Inspection Agencies”. 4.15.6.1 The “Performance Criteria for Monitoring Manufacturers and Third-Party Inspection Agencies” utilizes a combination of qualitative analysis based on deficiencies identified during inspection and qualitative analysis based on systematic failures and recurring serious deficiencies. 4.16 A registered manufacturer whose status as a certified manufacturer has been removed by the Division of Housing will resume operations on a higher frequency of inspections until its performance improves and it is recommended for reinstatement of its certified manufacturer status pursuant to Rule 4.12 of these 4.17 A certification will remain active if a complete application is submitted to the Division of Housing by the certification expiration date. 4.18 Each manufacturer is required to resubmit its quality control manual (and when applicable, plans) for approval prior to the registration expiration date that is stamped on the quality control manual. This quality control manual resubmission is required regardless of when plans are approved or structures shipped. Failure to comply with this requirement will result in that manufacturer’s registered location having to comply with the initial registration inspection requirements. 4.18.1 The registration expiration date for all manufacturers is determined by the expiration date that is stamped on the quality control manual. Plans that are submitted at the time of registration or within the registration period shall have the same expiration date as the quality control manual. 4.18.2 It is the responsibility of the manufacturer to submit to the Division of Housing the quality control manual for approval within the authorized sixty (60) day renewal window prior to the expiration date.

Plan Review 4.19 All registered or certified manufacturers must obtain prior approval of each set of designs from the Division of Housing or an authorized third-party agency before constructing structures under those plans. 4.19.1 The Division of Housing and authorized third-party agencies will utilize redline comments for minor changes and corrections. 4.20 Plan approvals are granted to a manufacturer for a specific manufacturing facility and are not transferable to other manufacturing facilities including those of the same manufacturer. 4.21 Applications for plan review and approval must be submitted electronically to the Division of Housing and must be accompanied by the appropriate fees from Rule 3 of these rules. 4.21.1 The application must include the quality control manual; it must meet or exceed the minimum requirements as specified by the Division of 4.21.1.1 Any structures requiring on-site construction (OC) as defined in Rule 1.29 of these rules, must be clearly denoted on the submitted plans for determination of the structure as an “OC” structure. The manufacturer is required to follow the Division of Housing’s “On-site Construction Procedures” when the structure is determined to require OC. Determination of an OC may happen during plan approval or after plan approval. Fire suppression systems assembled, installed, and tested on-site will be considered OC. 4.21.2 All applications must list an officer of the manufacturer that is in a responsible position with the authority to commit the manufacturer to comply with the rules and regulations that govern the regulation of its factory-built structures or tiny homes. 4.21.3 All regional models will be built to the regional design criteria as outlined in

Appendix A of these Administrative Rules. The construction plans will clearly delineate the regional building design criteria. Regional models may be installed in multiple locations across Colorado where the approved regional model plan meets or exceeds the regional design criteria adopted by the Division of Housing.

Site-specific models can be designed using site-specific wind and snow loads but must, at a minimum, meet the other minimum requirements in

Appendix A of these Administrative Rules. Site-specific models may only be transferred to other locations with Division of Housing approval. 4.21.4 Multi-family plans submitted for review must include the applicable sections required by the Division of Housing plan review checklist.

Included in that submittal, the plans must have a separate section that clearly describes the details for the installation of that building including, but not limited to, structural connection hardware and fasteners, sheer wall schedules, hold down schedules, plating and drag requirements, and all connections that need to be inspected during the setting of the modular structures, and must provide a separate manufacturer installation handbook that is clearly referenced on the cover sheet of the plan set, preferably where the building codes are referenced. 4.22 An application will expire, and all fees are forfeited, if it is not completed within 120 days of the initial application date. 4.22.1 Expired applications must be resubmitted as new applications electronically with documentation and fees. 4.23 In order to be considered approved, plans and quality control manuals must be stamped by the Division of Housing or authorized third-party agency. Revisions, additions, or deletions will not be acceptable without prior approval. 4.23.1 An approved copy of the quality control manual and plan must be retained at the place of manufacture. 4.23.1.1 They must be kept on file within the specific location of manufacture for the purpose of construction and inspection by Division of Housing inspectors or the authorized third-party agency. 4.24 Plan approval does not guarantee a manufactured structure constructed from the approved plan will also be approved. All structures must also undergo an inspection and receive an insignia of approval in order to be considered certified by the State of Colorado. A plan approval does not prevent the Division of Housing or the authorized third-party agency from requiring the correction of errors found in the plans or the structure itself, when found in violation of these 4.25 Revisions to the approved plan are required where the manufacturer proposes a change in structural, plumbing, heating, electrical, or fire life safety systems.

Such changes must become part of the approved plan unless the Division of Housing determines that the change constitutes a new structure. If determined a new structure, the interim change will be processed as a new application. Any difference in fees will also be assessed. 4.26 The Division of Housing will approve unchanged plan renewals it previously reviewed and approved, provided there has been no change in adopted codes and the manufacturer’s officer in Rule 4.21.2 above certifies in writing that the plans are identical to those previously approved by the Division. A “Supplemental Plan Check Fee” will apply for plan renewals. 4.26.1 Should it be determined by the Division of Housing that unauthorized changes have been made to an approved plan, the manufacturer will be subject to a “Red Tag Fee” for every structure built to the changed plans, and the Division may require additional inspections to ensure the code compliance of the structures. 4.27 When amendments to these regulations require changes to be made to an approved plan, the Division of Housing will notify the manufacturer of the requirement and allow it a reasonable time to submit revised plans for review and approval. Revised plans will be processed as interim changes with the appropriate fees assessed. 4.28 Approved plans using the adopted regional design criteria are considered approved until adopted regional design criteria are amended. When the Division of Housing adopts updated building codes or design criteria, only approved plans impacted by the change must be re-submitted for Division review and approval. 4.29 Tiny home plans must include: details on the vehicle chassis, including drawings and connections, and whether the tiny home is going to be installed on a permanent or temporary foundation. 4.30 The Division of Housing may screen plans (i.e., spot check plans to ensure minimum design criteria are met for the selected region or specific site) or conduct a full audit of plans to ensure plans meet the minimum design criteria and code requirements. 4.31 All structures manufactured, sold, or offered for sale in the state of Colorado must display the Division of Housing insignia of approval affixed either by the Division of Housing, an authorized third-party agency, or by a certified manufacturer. These insignias certify that the structure is constructed in compliance with applicable codes and regulations adopted by the State Housing Board. This does not apply to factory-built structures or tiny homes manufactured or sold for transportation to and installation in another state. However, if the structure were to return to Colorado for use, then it would require an insignia issued by the Division of Housing. 4.31.1 Registered (non-certified) and certified manufacturers must apply for Colorado insignias through the Division of Housing and submit the appropriate fees provided in Rule 3 of these rules. 4.31.1.1 For structures that are completed at the manufacturing facility (do not require on-site construction), insignias will be affixed to each structure only upon final inspection approval by the Division of Housing or an authorized third-party agency. 4.31.1.2 For structures that have OC items, insignias will be affixed to each structure after an OC inspection by the Division of Housing, an authorized third-party agency, or a local building department that has agreed to accept responsibility for the inspection of the OC items. 4.31.1.3 Insignias affixed by an authorized third-party agency or a certified manufacturer must be reported to the Division of Housing, including the insignia number, type of insignia of approval affixed (residential or commercial), manufacturer, serial number, date of manufacture of the structure, and the first destination of the shipped structure. A manufacturer is required to provide a copy of its monthly production report. 4.31.1.3.1 The Division of Housing may elect to not issue additional insignias of approval to an authorized third-party agency or certified manufacturer if all insignias affixed are not timely and completely reported. 4.31.2 Insignias are assigned for use at a specific location and cannot be transferred or used on an unapproved structure. Colorado insignias of approval issued for one type of certification may not be used on a structure of another (different) type. A silver 3”x5” primary insignia (one- or two-family dwellings, except tiny homes) documenting manufacturer and design information is required for each structure to be installed in the state, or a blue 3”x5” primary insignia (commercial) documenting manufacturer and design information is required for each box to be installed in the state. A primary pink 3”x5” insignia will be required for each tiny home. A primary black 3x5 insignia will be attached to the primary box or Division of Housing-approved location of each multi-family dwelling unit.

A primary light green 3”x5” insignia will be adhered to the primary box of emergency response units. 4.31.2.1 For residential only - each additional habitable floor section requires a silver 2”x2” “Additional Floor Tag” insignia. 4.31.2.2 For commercial only – an approved modification requires a green/silver 3”x5” “Modification” insignia. 4.31.2.3 For commercial only – components of a structure requires a purple 3”x5” “Component-only” insignia. 4.31.2.4 Both – factory-built structures inspected for another state requires a dark green 2”x2” “Inspection-only” insignia. 4.31.2.5 For emergency response units – each additional box section requires a light green 2”x2” “Additional Floor Tag” insignia. 4.31.3 The primary insignia for residential and tiny homes must be permanently affixed inside the kitchen sink cabinet or inside the vanity cabinet if there is no kitchen sink. For certified manufacturers, this must occur prior to structures being removed from the production location that is certified.

Additional Floor Tag insignias, if applicable, are to be permanently affixed and located directly under the primary insignia. 4.31.3.1 The primary insignia must contain the serial number, date of manufacture, wind design speed or wind region, roof design load or snow region, seismic zone, and construction codes. 4.31.4 Colorado insignias are the property of the state of Colorado and may be confiscated by the Division of Housing upon any violation of these rules.

Defaced, marked in error, or voided insignias must be returned to the Division without refund. 4.31.5 Dates on insignia are completion dates. 4.31.6 For installation and inspection insignias, the name of the installer or inspector is required (not the company name) and the date on the insignia is the date it passed inspection or the date it was installed by a certified installer. 4.32 When an on-site inspection reveals that a structure fails to comply with any provision of these rules, the Division of Housing or the authorized third-party agency may affix a “Red Tag Notice” on the structure. All manufacturers must correct any construction code violations within thirty (30) calendar days of inspection. Life safety corrections may require less than thirty (30) days to correct. An extension request may be granted when submitted in writing to the Division of Housing. 4.32.1 Once notified of a “Red Tag Notice” by the Division of Housing or the authorized third-party agency and the specific violation(s), the affected parties must resolve the issue(s) with the entity that posted the notice. 4.32.2 Within five (5) business days, the affected parties or their agents must notify, in writing, the Division of Housing or the authorized third-party agency of the action taken to correct the violation(s) and what steps have been taken by management to prevent recurrence of the violation(s).

Failure to respond within five (5) days may cause revocation of an affected party’s status. 4.32.3 A structure posted with a “Red Tag Notice” cannot be sold, offered for sale, or have occupancy in the state of Colorado, nor can it be moved or caused to be moved without the prior written approval of the Division of Housing or the authorized third-party agency. 4.32.4 All structures posted with a “Red Tag Notice” must be corrected or removed from the state (with prior written approval of the Division of Housing or the authorized third-party agency). All structures that are corrected will be re-inspected to ensure compliance with the codes and regulations, and a re-inspection fee will be assessed. 4.32.4.1 Multiple violations may result in the Division of Housing suspending plan reviews submitted by the manufacturer until all issues are addressed. 4.32.5 A “Red Tag Notice” may be removed only by an authorized representative of the Division of Housing or the authorized third-party inspection agency. 4.33 Any changes to factory-built structures (deviations from the Division of Housingapproved plan) prior to or during the construction process must have prior approval from the Division. Once permanently installed and certified for construction, any changes to the structure are under the jurisdiction of the local building department. 4.33.1 Any changes to a temporary structure, after it is certified for construction by the Division of Housing, must be made at a registered or certified factory. These changes will require plan approval, inspection, and recertification, as applicable. 4.34 The Division of Housing may screen in-plant inspections and spot check inspections or inspection documentation to ensure minimum design criteria are met for the selected region or specific site. The Division may also conduct a full inspection or audit of all systems of construction to ensure the structure meets the minimum design criteria and code requirements.

Authorized Quality Assurance Representatives for Construction Inspection and Plan Reviews 4.35 The Division of Housing or the authorized third-party agencies (retained by the manufacturer) will conduct certification and production inspections of all manufacturers engaged in manufacturing or offering factory-built structures for sale and installation in the state of Colorado. This inspection will include the quality control program and systems testing. This does not apply to factory-built structures manufactured or sold for transportation to and installation in another state. However, if the structure were to return to Colorado for use, then it would require an insignia issued by the Division of Housing. 4.35.1 Payment of the fees provided in Rule 3 is required if utilizing the services of an inspector from the Division of Housing. This cost is not refundable. 4.35.2 Inspections that indicate a deficiency or defect in the manufacturing process or non-compliance with codes will be reported to the third-party agency performing in-plant construction inspections as part of the resolution process. 4.35.3 All in-state manufacturers shall have the option to contract with an authorized third-party agency or continue to use the Division of Housing to perform certifications and in-plant production inspections to evaluate its registered/certified location’s quality control procedures, approve manufacturer engineering manuals and installation instructions, and/or approve construction plans. Manufacturers must provide, to the Division of Housing, the name and information for an authorized third-party agency contracted to perform in-plant construction inspections. Information will be reviewed and, upon approval by the Division, the third-party agency will be authorized to place insignias for certified manufacturers. 4.35.4 Out-of-state manufacturers are required to obtain the services of an authorized third-party inspection agency to perform certifications and inplant production inspections, to evaluate the plant’s quality control procedures, and may use an authorized third-party agency to approve manufacturer engineering manuals, installation instructions, and/or approve construction plans. Manufacturers must provide, to the Division of Housing, the name and information for an authorized third-party agency contracted to perform in-plant construction inspections. Information will be reviewed and, upon approval by the Division, the third-party agency will be authorized to place insignias for certified manufacturers. 4.35.4.1 Another state agency where a registered/certified manufacturer is located may act as an authorized third-party agency for certifications, in-plant production inspections and evaluations of their quality control procedures provided it enters into a memorandum of understanding with the Division of Housing and the manufacturer follows all requirements provided in these rules. 4.36 Manufacturers may be audited, per procedures established by the Division of Housing, on the following:

(A) Administration and financial surety documents including, but not limited to, current registration, bond, and use of authorized third-party agencies.

(B) In-plant construction including, but not limited to, ensuring that a structure being produced matches approved plans and meets adopted codes and (C) Quality assurance and quality control procedures including, but not limited to, ensuring construction process follows procedures in approved quality assurance/quality control manual; manufacturer is reporting structures under production to the Division of Housing, and confirming that insignias are placed on structures as specified in Rule 1.46.2(C). 4.37 Manufacturers found to have corrective actions as a result of an audit or investigation will have thirty (30) calendar days to become compliant. Failure to penalty of $250. Failure to comply within sixty (60) calendar days will result in a 4.38 The Division of Housing may send plans for review to a third-party agency 4.39 The Division of Housing will, upon written request, investigate complaints related to adopted construction code interpretation and enforcement. A written request must identify the third-party agency, the location of the structure(s) in question, the nature of the dispute, the code section reference, and all involved parties with contact information. Upon receipt of the request, the Division will contact all parties for a written response to the issues. After any necessary follow-up, the Division will issue to all parties an interpretation to resolve the code dispute. The Division’s interpretation may be appealed to the Colorado State Housing Board’s Technical Advisory Committee. The decision of the Committee is final.

Specific Requirements for Manufacturing Structures with Fire Suppression Systems Installations 4.40 Manufacturers designing structures with fire suppression systems, to be installed in-plant or on-site, must submit construction plans that include the fire suppression system for review and approval by the Division of Housing or other Division-authorized agency. 4.40.1 Manufacturers and/or building contractors submitting construction plans that include fire suppression systems, not submitted to the Division of Housing, must ensure that the authorized third-party agency employs a qualified fire suppression plan reviewer to review the plan. 4.41 Fire suppression systems installed in-plant or on-site must be completed under the supervision of a fire suppression system contractor. The person working under the supervision of the fire suppression system contractor must be a qualified “sprinkler fitter” (as defined by the Colorado Division of Fire Prevention and Control) or have equivalent qualifications or other Division of Housingapproved qualifications. 4.42 The certificate of rough inspection (CORI) must be completed for all applicable inspections prior to concealment to include rough installation and testing of the fire suppression system. A copy of the CORI must follow the structure to the installation site. 4.43 Fire suppression systems installed on-site (either partially or completely), prior to the certification of the construction by the Division of Housing, are on-site construction items per the Division’s OC process. A fire suppression system installer must be a qualified sprinkler fitter (as defined by Colorado Division of Fire Prevention and Control) or have equivalent qualifications or other Division of Housing-approved qualifications. 4.43.1 If a fire suppression system is installed after the Division of Housing certification, the design approval and certification must be approved by the local authority having jurisdiction. 4.43.2 For structures that need to have a fire suppression system retrofitted onsite, the fire suppression system contractor must submit the design to the Division of Housing or an authorized third-party agency plan reviewer for final approval prior to installation. 4.44 For in-plant inspections of structures with fire suppression components or systems, the manufacturer must ensure that a CORI is completed for each structure, prior to concealment of the system, by an authorized third-party agency, and signed prior to shipment. The CORI must travel with the structure to the installation site. 4.45 Fire suppression systems assembled, installed, or tested on-site must be inspected to the Division of Housing-approved plan by either the local government, authorized third-party agency, Division of Housing, or Division of Fire Prevention and Control-qualified personnel with Fire Inspector II or the State-approved fire suppression system inspector credentials. The CORI must document all rough and final inspections performed, to include required tests, performed in the factory, prior to final certification of the structure. 4.45.1 Fire suppression systems installed after the Division of Housing certifies the unit must comply with the local authority having jurisdiction.

Rule 5. Third-Party Agencies 5.1 A third-party agency may consist of one of the following entities (any exceptions must have prior approval by the Division of Housing):

(A) States – must enter into a memorandum of understanding with Colorado.

(B) Local Governments – must inspect to Division-approved rules, where applicable, with regard to the construction of the structure and its installation.

(C) Firms – must currently be listed with a national listing agency, such as the International Code Council (ICC), International Accreditation Service (IAS), or other Division-approved entity. 5.2 A third-party agency may elect to perform the following functions if authorized by the Division of Housing:

(A) In-plant construction inspections (states and firms), (B) Final construction plan review and approval, for plans sent directly to thirdparty agencies by manufacturers (firms), (C) On-site construction inspections (local governments unless deferred, firms)

(D) Oversight inspections (states, firms, and local governments)

(E) Review and approve construction plans, submitted by manufacturers directly to the Division of Housing - i.e., the Division could contract with a third-party agency (firms), or (F) Fire suppression systems plan reviews and inspections (local governments, Division of Fire Prevention and Control)

Authorization 5.3 Third-party agencies, other than another state, may perform production inspections, recommendations for certified manufacturer status, evaluate quality control procedures, approve engineering manuals, approve plans, or provide OC inspections once authorized by the Division of Housing and approved to act on its behalf. This rule does not apply to other state agencies; refer to Rule 5.6.

Authorization applications must contain the following minimum requirements:

(A) Name and address of the entity making application.

(B) Categories for which the third-party agency seeks authorization.

(C) A list of key personnel, with resumes, indicating their primary functions or duties. Identify who will be responsible for inspection of fire suppression systems in-plant and their credentials.

(D) The number of years the entity has actively engaged in the business for which it seeks approval.

(E) A statement by the third-party agency that it will adhere to all the requirements of the Division of Housing.

(F) An explanation of its plan review, factory certification, or inspection procedures, including copies of the quality assurance/control and other inspection reports.

(G) A copy of the third-party agency’s ICC or IAS accreditation. The Division of Housing may consider alternative accreditation upon request.

(H) A copy of the Colorado professional engineer or architect license for any employee that will be responsible for plan review and approval work, as applicable.

(I) A copy of the Colorado professional license or ICC building inspector certifications (commercial or residential) for all personnel that will be performing production facility inspections, as applicable.

(J) Agreement to furnish any other existing records that the Division of Housing may deem necessary in order to properly evaluate and grant approval.

(K) A statement that it is independent and does not have any actual or potential conflict of interest and is not affiliated with, influenced by, or controlled by any present or potential client manufacturer in any manner that might affect its capacity to render service or reports of findings objectively and without bias.

(L) The request must contain the signature of a responsible officer, owner, or partner of the submitting third-party agency.

(M) A list of manufacturers of factory-built structures that are currently clients of the third-party agency. 5.3.1 In addition to the items listed in Rule 5.3, third-party agencies applying for authorization to review and approve construction plans must provide the materials below and a letter of intent, for approval by the Division of Housing, for construction to begin. Before receiving approval, the thirdparty agency must submit at least three (3) plans, to be reviewed by the Division, that do not have any life-safety issues or design criteria errors.

The Division may request to review additional plans or may conduct audits to assess compliance prior to issuing authorization. Authority for final construction approval will be in writing from the Division to the third-party agency. 5.3.1.1 Third-party agencies recommending certified manufacturer status must also provide details and documentation on how the agencies’ evaluation process meets the Division of Housing’s criteria in Rule 4.12 of these rules. This should include checklists, pass/fail criteria, a sample recommendation, and internal quality control and quality improvement documentation. 5.3.1.2 Third-party agencies providing plan reviews for structures with a fire suppression system must use a fire suppression plan reviewer for review and approval of the fire suppression system. 5.3.2 In addition to the items listed in Rule 5.3, for third-party agencies applying for authorization to perform oversight inspections of factory-built structures for registered or certified manufacturers at a seller’s lot or at the installation location, the third-party agency must provide documentation and a letter of intent, for approval by the Division of Housing, to perform oversight inspections on behalf of the Division and place oversight insignias. 5.3.2.1 Third-party agencies requesting to certify the construction of factory-built structures at the site location must also submit evidence of the following:

(1) Verify that accountable personnel conducting the inspections are capable of identifying and addressing non-conforming items related to the construction of the structure and not sitebuilt components other than on-site construction (OC) items, (2) Verify that training has been achieved for all accountable personnel conducting site inspections, (3) Verify an established and functioning quality control program for site inspections, and (4) The third-party agency must inspect one (1) structure from three (3) different models at the site location, and audited for compliance with the adopted codes by the Division of 5.3.2.2 Fire suppression systems must be inspected by a Fire Inspector II or a Division of Fire Prevention and Control- qualified inspector. The authorized third-party agency must ensure that a CORI is completed for each structure and signed prior to shipment. 5.3.3 In addition to the items listed in Rule 5.3, third-party agencies applying for authorization to perform installation inspections of residential factory-built structures must provide documentation and a letter of intent to inspect installations of residential factory-built structures and place installation insignias. 5.3.3.1 For installation inspections for the completion of a structure, the fire suppression system must be inspected by a Fire Inspector II or a Division of Fire Prevention and Control-qualified inspector. 5.3.4 In addition to the items listed in Rule 5.3, third-party agencies applying for authorization to perform on-site construction (OC) inspections at an installation site must provide documentation and a letter of intent to the Division of Housing for review. 5.3.4.1 Fire suppression systems that are OC must be inspected by a Fire Inspector II or a Division of Fire Prevention and Controlqualified inspector. 5.4 Authorizations are limited to one year. A new letter of intent and any changes to the original submittal material must be submitted to the Division of Housing annually. 5.5 An authorization will remain active if a complete application is submitted to the 5.6 Other states that want to operate as a third-party agency inspecting registered/certified manufacturers located in their states, and structures manufactured in their states that are to be shipped to Colorado, must have existing statutory authority to regulate the design and construction of factory-built structures and enter into a memorandum of understanding with Colorado to establish recognition of the following:

(A) Acceptance of construction codes that are adopted by the State of Colorado Housing Board for factory-built structures sold into or offered for sale in Colorado. (See Rule 2 of these rules).

(B) Acceptance of the design evaluation and approval performed by the Division of Housing or other third-party agency for structures sold into or offered for sale in Colorado.

Routine inspections include performing inspections of at least one (1) structure in each phase of manufacturing and performing a minimum of a rough, final, and other inspections or tests (as required in Rule 2 of these rules) when a production line process is not being utilized. Also to place the manufacturer on a higher inspection frequency when it is unable to conform to approved quality control procedures or approved plans and (D) Evaluation, at the manufacturing facility, of code compliance problems resulting from consumer complaints on labeled Colorado structures; work with the manufacturer(s) in resolving such complaints by adequately following up and assisting them in correcting the complaint issue(s), and their production or inspection process. Inspections that indicate a deficiency or defect in manufacturing process or non-compliance with codes will be reported to the third-party agency performing in-plant construction inspections as part of the resolution process.

(E) Provide sixty (60) calendar days’ notice before withdrawing from the memorandum of understanding, thereby allowing a manufacturer sufficient time to obtain a new third-party agency.

(F) Fire suppression systems must be inspected by a Fire Inspector II or other Division-approved fire suppression system inspector. 5.7 The third-party agency contracted for in-plant inspections is required to inspect to the adopted building codes and design criteria in the most recent Administrative Rules. Manufacturers contracted with a firm to perform their inspections are required to be inspected by that entity. A manufacturer may contract with more than one authorized third-party agency to perform these services. If more than one third-party agency is under contract, the Division of Housing must be notified as to which inspections each agency is assigned; more than one agency cannot be assigned to the same inspection. 5.7.1 Authorized third-party agencies may conduct certifications, in-plant production inspections, recommend certified manufacturer status, in-plant evaluations of the plant’s quality control procedures, review manufacturer engineering manuals, in accordance with Division of Housing-approved procedures and documents. 5.7.2 The structure will be inspected to the approved plans, except where the plans are not specific, then the inspection will be to the adopted building codes and design criteria in the most recent Administrative Rules. The third-party agency will also monitor the facility personnel performing the construction, testing, and inspections. 5.7.3 A third-party agency, when a facility is not certified, must conduct at a minimum a rough, final, and other inspections as required per code (see

Rule 2 of these rules) for all manufactured structures. For tiny homes, a vehicle chassis inspection must be completed. 5.7.4 After the Division approves certified status for a manufacturer based on the recommendation from an authorized third-party agency, or the Division of Housing if the manufacturer has requested the Division grant it certified manufacturer status, a minimum of one (1) phase of construction for each structure being produced for Colorado must be inspected by the thirdparty agency. In the course of each visit, the third-party agency may also complete an inspection of every phase of the production, systems testing, and of every structure in production, as well as a random sampling of finished product on-site. 5.7.5 When a third-party agency finds that a manufacturer is unwilling or unable to conform to the approved quality control procedures, or approved plans or Administrative Rules, that manufacturing facility will be placed on a higher inspection frequency. The Division of Housing must be notified and the certification labels for structures held until the manufacturer demonstrates that it can perform within its approved standards. If, after three (3) consecutive inspections, the last inspection still indicates that the manufacturer is not able to perform within standards, all remaining insignias paid for by the manufacturer will be returned to the Division and the manufacturer will need to reapply for certified status after the time period in Rule 12.1.1. 5.7.5.1 Additional information, such as increased frequency and routine quality assurance/control inspection reports, may be requested by the Division of Housing in order to review the inspections conducted on specific structures. 5.7.6 The third-party agency is required to provide its own inspection label to be affixed adjacent to the Colorado insignia of approval on each structure to be installed in Colorado that has passed inspection prior to shipping. 5.7.7 Third-party agencies that wish to perform inspections of registered/certified manufacturers and their structures must agree to the following:

(A) Acceptance of construction codes that are adopted in the Administrative Rules for factory-built structures sold into or offered for sale in Colorado. (See Rule 2 of these rules).

(B) Acceptance of the design evaluation and approval performed by the Division of Housing or third-party agency for structures sold into or offered for sale in Colorado.

(C) Acceptance and use of the Division of Housing’s “Performance Criteria for Monitoring the In-Plant Quality Control Systems of Factory-built Plants” for in-plant inspection agencies or Divisionauthorized third-party agency adopted criteria.

(D) Acceptance and use of the Division of Housing’s “Performance Criteria for Factory-Built Plan Review and Approval” for plan review agencies or Division-approved agency adopted criteria.

(E) Performance of facility certifications and other inspection requirements. Routine inspections include performing inspections of at least one (1) structure in each phase of manufacturing and performing a minimum of a rough, final and other inspections or tests (as required in Rule 2 of these rules) when a production line process is not being utilized. Also to place the manufacturer on a higher inspection frequency when it is unable to conform to approved quality control procedures or approved plans and (F) Performance of inspection requirements. Routine inspections include performing inspections of at least a minimum of a rough, final, or other inspections or tests of on-site construction items. Also to notify the Division of Housing when a manufacturer is unable to conform to approved plans, standards, or make appropriate corrections to construction code compliance issues.

(G) Evaluation at the manufacturing facility of code compliance problems resulting from consumer complaints on a Coloradolabeled structure; work with the manufacturer(s) in resolving such complaints by adequately following up and assisting them in correcting the complaint issue(s) and their production or inspection process.

(H) Provide sixty (60) calendar days’ notice if no longer interested in fulfilling the above terms, thereby allowing a manufacturer sufficient time to obtain a new third-party agency. 5.7.8 Third-party agencies may only work in the specific categories for which the Division of Housing has granted authorization in writing. 5.7.8.1 Third-party agencies performing different functions (e.g., plan reviews and inspections) related to the same set of construction plans for a manufacturer must use different individuals or teams to perform each function to ensure integrity. 5.8 Nothing in this rule limits a local jurisdiction or a local fire department from becoming a participating jurisdiction or an authorized quality assurance representative for installation inspections, on-site construction inspections, or oversight inspections. Local jurisdictions or local fire departments will not be charged a review fee for an authorization request, but qualifications and letter of intent must be provided. 5.9 The performance (every aspect of all actions) of all third-party agencies will be periodically monitored or audited by the Division of Housing at a frequency adequate to ensure that they are fulfilling their responsibilities as required in these rules. The purpose of these audits is to evaluate the performance of the third-party agency in ensuring the selected structures comply with approved plans and construction codes. Based upon finding(s) of inadequate performance, the inspection frequency may be increased as determined by Division procedures. 5.9.1 The monitoring activities carried out by the Division of Housing include, but are not limited to, the following:

(A) Performing oversight inspections on structures that are shipped to Colorado or produced for delivery in Colorado.

(B) Reviewing all records of interpretations of the standards made by the third-party agency to determine whether they are consistent and proper.

(C) Reviewing inspection reports, records, and other documents to ensure that third-party agencies are carrying out all their responsibilities as set forth in these rules.

(D) Reviewing records to assure that the third-party agency is maintaining proper label control and records pursuant to 5.9.2 Third-party agencies may be subject to, and responsible for payment of, an audit fee for an audit of the services they provide. 5.10 Third-party agencies are audited based on functions performed, per procedures established by the Division of Housing, on the following:

(A) In-plant construction inspection compliance including, but not limited to, monitoring that a structure is being built to the approved plans and ensuring that any discrepancies are reported to the plan reviewer, if modifications are needed to the plan.

(B) Plan reviews including, but not limited to, screening submitted plans and selecting a subset of submitted plans to audit.

(C) QC manual compliance including, but not limited to, how third-party agencies are tracking inspections, processes for managing discrepancies, verifying that the third-party agency is referencing approved plans, and processes for placing third-party agency inspection labels on structures.

(D) Oversight/on-site completion inspections including, but not limited to, verifying that all items approved for factory completion are finished and no items were reported for completion on-site. 5.11 Third-party agencies found to have corrective actions as a result of an audit or investigation will have thirty (30) calendar days to become compliant. Failure to cure corrective actions within this timeframe will result in a financial penalty of $250. Failure to comply within sixty (60) calendar days will result in a suspension or revocation of authorization. 5.12 As part of a complaint investigation, the Division of Housing may request inspection records as necessary. 5.13 The Division of Housing may screen construction plans or other third-party agency documentation to ensure structures meet minimum design criteria for the selected region or specific site. The Division may also conduct a full audit to ensure that plans and structures meet the minimum design criteria and code 5.14 The Division of Housing may send plans for review to a third-party agency

Rule 6. Building Contractors 6.1 A building contractor, as defined in section 30-11-125(1)(a), C.R.S., and in Rule 1.3, who oversees the preparation of an installation site or on-site construction to complete a factory-built structure, is required to register with the Division of Housing annually, unless they are already licensed by a local government where the factory-built structure work is being performed. See Rule 3 for the registration fee schedule. 6.1.1 Plumbers, electricians, fire suppression system contractors, and other construction trades are not considered building contractors unless they are overseeing the preparation of an installation site or on-site construction to complete a factory-built structure. If these trades are contracted to oversee the project, they must be registered as a building contractor with the Division of Housing if the local building department does not issue a building contractor license. 6.1.2 A homeowner may act as a building contractor to perform installation site preparation or on-site construction work. Homeowners are not required to register as a building contractor with the Division of Housing, but must notify the Division of their intent to serve as their own building contractor, if the homeowner performs installation site preparation or on-site construction work on their own factory-built structure that is a one- or twofamily dwelling or a tiny home intended for the homeowner’s own personal use. The homeowner must comply with all requirements in this Rule 6, other than registration requirements. A homeowner is limited to performing site preparation or on-site construction work for one (1) factory-built structure in any twelve-month period and no more than five (5) during the homeowner’s lifetime. 6.1.2.1 A homeowner acting as a building contractor to complete their own factory-built home or tiny home shall perform installation site preparation or on-site construction work. If the homeowner has another person or entity perform installation site preparation or onsite construction work, that person or entity must be licensed by the local jurisdiction as a building contractor, or registered with the Division of Housing. Homeowners should check with their local jurisdiction regarding local licensing or registration requirements. 6.2. Registration with the Division of Housing will be considered a state-wide registration but does not apply in a jurisdiction that requires the building contractor to be licensed in order to operate there. 6.3 A building contractor must submit the following to register:

• Proof of general liability insurance of at least $1,000,000 per occurrence;

• Names of the principals of the company;

• Proof of factory-built structure education provided by or through the Division of Housing, or another Division-approved education provider; and • Certificate of Good Standing from the Colorado Secretary of State. 6.3.1 Building contractors applying for registration to work on one- or two-family residential factory-built structures must meet the following requirements in addition to the requirements in Rule 6.3. 6.3.1.1 (A) A minimum of twelve (12) months of verifiable, full-time experience in the construction industry. Experience must be contractor, engineer, or architect. Contractors registered, certified, or licensed to operate as a building contractor in a local Colorado jurisdiction, or in another U.S. state (if that state’s requirements are substantially equivalent to the Division of Housing’s) may count that experience toward the twelve (12)-month requirement. The prior registration, certification, or license must have been in good standing.

(B) Proof of successful completion of the International Code Council G13 or F13 National Standard Residential Building Contractor (C) exam for work on structures limited to a height of not more than three stories above grade. 6.3.2 Building contractors applying for registration to work on multi-family residential structures must meet the following requirements in addition to the requirements in Rule 6.3. 6.3.2.1 (A) A minimum of twelve (12) months of verifiable, fulltime experience in the construction industry. Experience must be contractor, engineer, or architect. Building contractors registered, certified, or licensed to operate as a building contractor in a local Colorado jurisdiction, or in another U.S. state if that state’s requirements are substantially equivalent to the Division of Housing’s, may count that experience toward requirements. The building contractor’s prior registration, certification, or license must have been in good standing.

(B) Proof of successful completion of the International Code Council G12 or F12 National Standard General Building Contractor (B) exam for work on multi-family residential or commercial structures regulated by the International Building Code (IBC), not considered high rise as defined by the International Code Council. 6.3.3 Building contractors applying for registration to work on commercial factory-built structures must meet the following requirements in addition to the requirements in Rule 6.3. 6.3.3.1 (A) A minimum of twelve (12) months of verifiable, full-time experience in the construction industry. Experience must be contractor, engineer, or architect. Building contractors registered, certified, or licensed to operate as a building contractor in a local Colorado jurisdiction, or in another U.S. state if that state’s requirements are substantially equivalent to the Division of Housing’s, may count that experience toward requirements. The building contractor’s prior registration, certification, or license must have been in good standing.

(B) Proof of successful completion of the International Code Council G11 or F11 National Standard General Building Contractor (A) exam for work on commercial buildings regulated by the International Building Code IBC), considered high rise as defined by the International Code Council. 6.4 All building contractors who supervise site preparation or on-site construction work, whether registered by the Division of Housing or a local government, must complete factory-built structure general contractor training as determined by the Division. A certificate of completion must be filed with the registration application.

The education must be completed by an individual or individuals with direct oversight of the on-site work.

Responsibilities 6.5 A registered building contractor is responsible for verifying that any factory-built structure on which they perform installation site preparation, on-site construction, or any other work holds current approval by the Division of Housing for use in Colorado prior to starting any such work. 6.6 Building contractors may be responsible for the following activities: 6.6.1 Site preparation work related to completing the structure: local governments are responsible for inspecting site preparation work.

However, in areas of the state that do not have a building department, the Division of Housing is responsible for foundation inspections and any other site preparation work for modular projects, as well as site preparation for on-site constructed hotels, motels, and multi-family structures. Corrections and deficiencies identified by the Division of Housing in areas of the state where there is no building department are the responsibility of the building contractor to correct. 6.6.2 On-site construction (OC) work related to completing the structure: the registered building contractor is responsible for any corrective actions identified by the Division of Housing necessary to complete the structure. 6.6.2.1 Building contractors completing OC work related to the completion or installation of a fire suppression system must follow the manufacturers’ instructions on the completion of the fire suppression system and sign the CORI. 6.6.3 Permission for utility connections and other connections to infrastructure that may require inspections are the responsibility of the local jurisdiction or the Department of Regulatory Agencies.

Education 6.7 To be eligible for registration, building contractors must complete a four (4)-hour mandatory training course focused on factory-built structures and the specific Administrative Rules and statutes governing factory-built structures in Colorado, or another Division of Housing-approved education or training course. 6.8 Four (4) hours of continuing education are required annually to renew registration. 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 Division withdrawing approval of the course. 6.9 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. 6.10 All continuing education courses may be offered and completed by distance learning. 6.11 The following course format and administrative requirements apply to all Colorado continuing education for factory-built building contractors:

(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 (8) hours of credit may be earned per day.

(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. 6.12 Each Colorado factory-built building contractor 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 contractor, course subject, content, duration, date(s), and contain the authentication of the provider. 6.12.1 For distance learning an affidavit of completion signed under penalty of perjury is the only acceptable proof. 6.12.2 In person courses may have a certificate signed by the instructor at the end of the course. 6.12.3 Building contractors must retain proof of continuing education completion for three (3) years, and provide said proof to the Division upon request. 6.13 Each approved education provider must retain copies of course outlines or syllabi and complete attendance records for a period of three (3) years. 6.14 Continuing education providers must submit an application form along with the following information at least thirty (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. 6.15 By offering building contractors 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.

Renewals 6.16 A registered building contractor is required to timely renew their registration annually and in compliance with the requirements of this Rule 6 in order to continue working on factory-built structures in the state of Colorado. 6.16.1 A renewal application filed with the Division of Housing must include evidence of completing at least four (4) hours of Division-provided education in compliance with the education requirements listed in Rules 6.8 and 6.9. 6.17 A registered building contractor must timely and completely renew their registration with the Division of Housing as required in Rule 6.16 in order to maintain their registration. A registration will automatically expire if it is not successfully renewed. 6.18 A registration will remain active if a complete application is submitted to the 6.19 Audits for building contractors, per procedures established by the Division of Housing, shall occur annually. Audits will primarily focus on, but are not limited to, administrative compliance and site work. 6.20 Fees: there are no additional fees charged for the administrative portion of the audit. However, additional fees or fines may be assessed for issues related to site work or for recurring compliance deficiencies identified during an audit. 6.21 Required documentation: as part of the registration renewal audit, building contractors will be required to demonstrate compliance with, and provide documentation related to, the requirements listed below.

(A) Structure Reporting: documentation confirming the reporting of all structures completed on-site during the preceding registration period.

(B) Foundation Plan Submission: proof of submission of all require foundation plans to the Division of Housing for projects located in jurisdictions that do not have established building departments.

(C) Contractor Education: evidence of maintaining required Division of Housing-provided or Division-approved education necessary for registration or renewal.

(D) Financial and Insurance Coverage: maintenance and continuation of all required financial surety documents and insurance coverage, including disclosure of any lapses in required coverage and certification that no work was conducted during any such lapse period.

(E) Complaints: review of any complaints for work completed by building contractors that relates to site work, foundations, or other items related to the compliance and use of a structure. The Division of Housing may review complaints related to factory-built structures or other areas the Division is responsible for including, but not limited to, foundations and site-built hotels, motels, and multi-family structures in jurisdictions without a building department. 6.22 Building contractors found to have corrective actions as a result of an audit or investigation, will have thirty (30) calendar days to become compliant. Failure to penalty of $250. Failure to comply within sixty (60) calendar days will result in a

Rule 7. Local Governments 7.1 Local governments may perform the following functions: installation inspections and on-site construction (OC) inspections by becoming a participating jurisdiction as defined in Rule 1.31. 7.1.1 Audits for a participating jurisdiction will be conducted annually to ensure ongoing compliance with requirements necessary to maintain authorization and may include a review of the jurisdiction’s installation and insignia reporting, or a review of installation inspections. The Division of Housing may waive applicable audit fees. 7.1.2 Local governments performing an OC inspection of a fire suppression system must have a Fire Inspector II or Division of Fire Prevention and Control-authorized individual to perform the fire suppression system inspection and testing. 7.2 Local governments may charge fees for inspections not performed by the Division of Housing or other authorized parties on behalf of the Division. 7.3 Local governments may not charge for plan review time or services related to the construction standards of the factory-built structure. Local governments may charge a plan review fee for permit review, permits, and plan review time for nonfactory-built structures whether attached to, or separate from, the factory-built structure(s). Non-factory-built structures include porches, garages, basements, stairwells, etc. 7.4 Local governments may not require a factory-built structure to be built to a construction code or design standard that is not a code or design standard adopted by the Division of Housing through the State Housing Board. Local sustainability requirements are not construction codes or design standards. 7.4.1 A local government may require compliance with its own site-specific criteria that are external to the completion of the factory-built structure and its installation, e.g., foundation systems. 7.5 Per the Wildfire Resiliency Code, the Division of Housing is only responsible for structure hardening for factory-built structures. Defensible space requirements are the responsibility of the local authorities having jurisdiction. 7.6 Local governments issuing permits for factory-built structure installations must ensure that any building contractor overseeing installation site preparation or onsite construction work for a factory-built structure is licensed as a contractor by the local jurisdiction where the work is taking place or registered as a building contractor with the Division of Housing, per Rule 6.1. 7.6.1 Local governments licensing building contractors or general contractors, as defined in Rule 1.3, are encouraged to ensure that a contractor overseeing installation site preparation or on-site construction work has completed the Division of Housing-required factory-built structure education required in Rules 6.7 or 6.8. 7.7 Local governments will not be charged any registration fees or insignia fees. 7.8 Local governments shall not require an individual or business entity solely performing an “installation” as defined by section 24-32-3302(16), C.R.S., to obtain a separate registration or licensing other than general business or tax licensing to operate in their jurisdiction since they are already required to register with the Division of Housing to perform installations in all jurisdictions. 7.8.1 Installers performing site preparation or on-site construction work that is outside the scope of an “installation” as defined by section 24-32- 3302(16), C.R.S., must be licensed by the local jurisdiction as a building contractor or registered as a building contractor with the Division of 7.9 As part of a complaint investigation, the Division of Housing may request inspection records as necessary. 7.10 Any changes to factory-built structures (deviations from the Division of Housingapproved plan) prior to or during the construction process must have prior approval from the Division. Once permanently installed and certified for construction, any changes to the structure are under the jurisdiction of the local building department. 7.10.1 Any changes to a temporary structure, after it is certified for construction by the Division of Housing, must be made at a registered or certified factory. These changes will require plan approval, inspection, and recertification, as applicable.

Rule 8. Other Colorado State Agencies 8.1 The Division of Housing is responsible for all factory inspections, plan reviews, and installations for in-state and out-of-state factory construction for structures to be installed in Colorado. This includes electrical, plumbing, gas, construction, fire suppression, and wildfire structure hardening. 8.2 The Division of Housing is responsible for all inspections related to the completion and installation of the structure on-site. Connection to utilities is the responsibility of the local jurisdiction, which may defer these to other state agencies, such as the Department of Regulatory Agencies and the Division of Fire Prevention and Control. 8.2.1 Plumbing connections related to the completion of the factory-built structure or the installation of the factory-built structure are the responsibility of the Division of Housing. 8.2.2 Electrical connections related to the completion of the factory-built structure or the installation of the factory-built structure are the responsibility of the Division of Housing. 8.2.3 Fire suppression system construction related to the completion of the factory-built structure and inspections of the fire suppression system are the responsibility of the Division of Housing. 8.3 The Division of Housing is not responsible for any annual certification inspections or testing requirements for a factory-built structure after certification. 8.3.1 Any annual certification inspections or testing required for a factory-built structure after certification by the Division of Housing are the responsibility of the applicable state agency or local fire authority having jurisdiction. 8.4 A state agency may apply as a third-party agency or a participating jurisdiction for installation inspections and oversight inspections for factory-built structures where the state agency has local government authority.

Rule 9. Sellers of Manufactured Homes 9.1 Exceptions: 9.1.1 A Colorado-licensed real estate broker is exempt from the requirement to be a registered seller when selling manufactured homes or tiny homes pursuant to section 24-32-3323(4)(b), C.R.S., if they are acting as a thirdparty (do not own the manufactured home or land it is installed on) in the transaction and are involved in negotiating the sale or lot rent of the land the manufactured home or tiny home is installed on, in addition to the sale of the manufactured home or tiny home. 9.1.2 A registration as a seller is not required for any transaction involving the sale of a factory-built structure, residential or nonresidential, that is constructed to the International Building Code (IBC) unless the structure is built as a single family home, duplex, or townhouse that requires the construction to the IBC based on the number of structures. 9.2 Manufacturers who sell directly to purchasers of one- or two-family dwellings must register as a seller with the Division of Housing and follow all statutory requirements and the requirements of this Rule 9. 9.3 As part of the registration process, a seller is required to establish and maintain an escrow account for all manufactured housing or tiny home down payments received from purchasers during the annual registration period if the total amount received prior to the delivery (as defined pursuant to section 24-32-3302(6.5), C.R.S.) of the manufactured homes is greater than $50,000; they elect to not obtain the coverage identified in Rule 9.4(B); and the money collected is not utilized for purposes of Rule 9.4(C)(2) and (3).

(A) If unable to establish an escrow account, for purposes of compliance with this rule, a seller may establish a trust account.

(B) All money deposited in an escrow or trust account, except for money distributed for purposes of Rule 9.4(C)(2) and (3), must be held in the account until a manufactured home or tiny home is delivered or the sale is terminated, including a complete accounting of all money. 9.4 Pursuant to sections 24-32-3301(1)(c)(II) and 24-32-3324(2), C.R.S., a seller is also required to establish and maintain a letter of credit, certificate of deposit issued by a licensed financial institution, or a surety bond issued by an authorized insurer in order to obtain and keep their registration in active status for that year as follows:

(A) A minimum coverage amount of $50,000 for their annual registration period to cover all down payments received by the seller from any purchasers prior to the delivery of manufactured or tiny homes during that registration period.

(B) If a seller collects more than $50,000 in down payments from purchasers during their registration period, then the seller must at that point obtain coverage that is equal to or greater than all down payments received by the seller from all purchasers.

(1) Any down payments that are deposited in a Division of Housingapproved escrow or trust account;

(2) Any portion of the down payments distributed within thirty (30) days for specific services that are detailed in the contract between the purchaser and the seller and are clearly invoiced for, or sent to the manufacturer to construct the manufactured home or tiny home; or (3) Any nominal sales promotion amount billed to potential purchasers for the primary purpose of holding a pricing level on the manufactured home or tiny home. 9.5 A registration may have more than one location under a parent company in which case they all must be under the same registration and covered by the same letter of credit, certificate of deposit, or surety bond. The business name on the registration and the business name on the letter of credit, certificate of deposit, or surety bond must match. 9.6 Once a complete application is received by the Division of Housing, the date of registration issued will be the same as the dates on the letter of credit, certificate of deposit, or surety bond. They should all be dated on the first day of the month. 9.7 All letters of credit, certificate of deposits, or surety bonds must include language that the Division of Housing be listed on the financial security device and may be drawn upon by the Division after an enforcement action as described in section 24-32-3324, C.R.S. 9.8 Sellers using the services of a building contractor for site preparation or on-site construction activities are responsible for ensuring that the building contractor who supervises site preparation or on-site construction work holds a current license required by the local jurisdiction where the work is being performed or is registered with the Division of Housing, per Rule 6. 9.9 A registration is active for one year from the date of issuance and a registered seller will be notified a reminder to renew thirty (30) calendar days in advance of the expiration date of their registration. 9.10 A new application, new letter of credit, certificate of deposit, or surety bond is required to be submitted for the renewed year. 9.11 A registration will remain active if a complete application is submitted to the Sales Contract 9.12 In addition to the requirements provided in section 24-32-3325, C.R.S., a seller:

(A) Is not required to return any portion of down payment(s) made prior to the delivery of the manufactured home if that money was used for specific services detailed in the contract or sent to the manufacturer to cover its construction costs if this is clearly provided in the executed sales contract between seller and purchaser.

(B) May collect additional amounts from a purchaser if the purchaser cancels an approved order if deposits were sent to the factory that are not adequate to cover purchased materials and expenses associated with preconstruction activity for the manufacturer and seller if clearly outlined in the contract. 9.13 For a period of three (3) years, a seller is required to retain true copies of all sales contracts, down payment receipts, depository receipts, evidence of delivery documents, and evidence the sale was finalized or terminated. 9.14 A seller is required to inform the buyer of a manufactured home or a tiny home, to be installed on a permanent or temporary foundation in an area of the state without a local building department, that the foundation must be designed by a Colorado-licensed design professional. Plans are to be submitted to the Division of Housing for review and approval, and construction is to be inspected and approved by the Division. This notification may be inserted in the contract, or as an attachment or amendment to the contract, or separate from the contract as long as the homeowner signature is obtained. 9.15 Audits for sellers are conducted, per procedures established by the Division of Housing for administrative compliance, based on the requirements outlined in

section 24-32-3325, C.R.S., and in Rules 9.3 and 9.4. 9.16 The annual audit may include, but is not limited to, a review of customer contracts from the previous year and financial records related to customer deposits and funds transfers. 9.17 Sellers found to have corrective actions as a result of an audit or investigation will have thirty (30) calendar days to become compliant. Failure to implement corrective action(s) within this timeframe will result in a financial penalty of $250.

Failure to comply within sixty (60) calendar days will result in a suspension or revocation of registration.

Rule 10. Installations and Inspections of Manufactured Homes and Tiny Homes 10.1 Every manufactured home, as defined by section 24-32-3302(20), C.R.S., to include a “multi-family structure” as defined in Rule 1.26, 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 it is installed in compliance with the manufacturer’s instructions or the Manufactured Housing Installation Standards adopted by the Division in rules 2.21 through 2.24. 10.1.1 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. 10.1.2 Except where specifically excluded from Rule 10, all installation standards apply to manufactured homes and tiny homes. 10.2 Prior to beginning the installation of a manufactured home or tiny home, an installing 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 of Housing or certified installation inspector, unless a participating jurisdiction is inspecting and certifying the installation. 10.2.1 Installing 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 1.31, 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 2.21 through 2.24 of these rules. 10.2.2 Each authorization for installation will contain the identity of the installer or installing owner as well as phone number and contact person and identify the installer as the homeowner, 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. 10.2.3 Installing owners or registered installers installing a home in a jurisdiction 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 10.2.4 If an installer cannot complete an installation, the installer or an installer’s representative must notify the Division of Housing within five (5) business days with the name of the new qualified installer and request a new Installation Authorization. The new qualified installer becomes the installer of record and must complete the installation, accepting full responsibility for the installation, and any corrections if required. 10.3 Installers using the services of a building contractor for site preparation or on-site construction activities are responsible for ensuring that the building contractor who supervises site preparation or on-site construction work holds a current license required by the local jurisdiction where the work is being performed or is registered with the Division of Housing, per Rule 6. 10.4 Installers connecting fire suppression components between boxes must follow the manufacturer’s instructions for those connections and must sign the CORI in the installation section. 10.5 Fire suppression systems installed at an installation site must be installed by a fire suppression system contractor who holds Division of Housing-approved credentials or is registered as a fire suppression system contractor with the Division of Fire Prevention and Control. 10.5.1 If a fire suppression system is started in-plant, but completed at the installation site, the fire suppression system contractor must ensure the CORI has been completed for any remaining inspections and those inspections are completed by a Division of Housing-authorized inspector. 10.6 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 for maintaining a copy of the manufacturer’s instructions at the installation site. 10.6.1 Whenever the applicable instructions for the installation of the manufactured home or tiny home are not present at the time of the inspection, the inspector may fail the inspection and require a reinspection of the installation. All costs of the inspection and any following re-inspection will be borne by the installer. 10.6.2 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 2.21 through 2.24 of these rules will be used for the installation. 10.7 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, HUD-code, mobile, 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. 10.7.1 A certification of installation must be affixed at the interior electrical panel or under the sink cabinet. 10.7.2 Application of the certification of installation is evidence that permanent utility service may be established. 10.8 When a manufactured home or tiny home installation is not found in compliance with the applicable manufacturer’s instructions or other applicable instructions or approved plans, the installer or manufacturer must be notified in writing by the inspector. 10.8.1 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. 10.8.1.1 If the installation was due to an improper installation and not per the manufacturer's instructions, the notice must be sent to the installer for corrections. 10.8.1.2 If the installation was not completed correctly due to insufficient documentation from the manufacturer, the installer and inspector should send notice to the manufacturer for information related to the correct installation method.

(A) Any deviations from the manufacturer's installation manual must have prior approval from the manufacturer or have an installation design stamped by a licensed engineer or architect for that specific home. 10.8.1.3 If there is not a manufacturer's installation manual and the Division of Housing installation manual was used, if the installation method is not specifically addressed in the manual, a design stamped by a licensed engineer or architect is required. 10.8.2 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. 10.9 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 of Housing or certified inspector. 10.10 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. 10.11 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”. 10.12 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 or tiny home on a permanent or temporary foundation system, and connecting multiple or expandable sections of the home. If an installer engages in site work beyond the installation items listed above, then they are required to be licensed as a building contractor by the local jurisdiction or registered as one by the Division of Housing. 10.13 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 or business entity 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. 10.13.1 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 2.21 through 2.24 of these rules. 10.13.2 A business entity may register their business to conduct installations for manufactured homes and tiny homes. 10.13.2.1 A business registering a qualified employee or employees conducting installations as defined in section 24-32-3302(16), C.R.S., and are charged with doing the direct on-site supervision as defined in Rule 1.12, must submit an application with applicable information in Rule 10.14 for each qualified individual and an affidavit from the business owner that the individual registering is a current employee of the business. 10.13.2.2 Letter of credit, surety bond, or certificate of deposit and liability insurance must include the business name for the individual registering. 10.13.2.3 Business accounts created must match the name of the business and business name in the documentation of the items in

Rule 10.13.2.2. 10.13.2.4 Business owners or their representative must notify the Division of Housing within thirty (30) calendar days when a registered employee has been terminated or is no longer with the business or if the business ceases to exist. 10.13.2.5 Each installer registered will be marked inactive when any item in Rule 10.13.2.2 expires or if an application to renew has not been submitted prior to the expiration date. 10.13.2.6 Education requirements for both registration and renewal must be completed by each qualified registered or certified installer within a registered or certified business entity. 10.13.2.7 A registered business entity must assign a qualified individual’s name to be included on the Installation Authorization. If a registered business entity assigns a new qualified individual to an installation, then they must notify the Division of Housing within five (5) business days. 10.13.3 Installations shall not occur after the expiration of any of the following: letter of credit, surety bond, certificate of deposit, liability insurance, or Division of Housing registration. 10.13.3.1 Installations by the registered installer may continue beyond expiration only if a complete renewal application has been submitted to the Division of Housing prior to the expiration and the updated letter of credit, surety bond, or certificate of deposit and liability insurance is current during the time of application review and approval. 10.14 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: 10.14.1 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: 10.14.1.1 An individual applying to be a registered installer for manufactured homes and tiny homes as adopted by the State Housing Board 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 (5) manufactured homes or tiny homes, including supporting, blocking, leveling, securing, anchoring, and connecting multiple or expandable sections of the home.

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

(D) 1,800 hours as an active manufactured home or tiny 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;

(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; or (H) 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.

(I) Eight (8) hours of Division of Housing-approved installation education: four (4) of the hours must consist of training on manufactured home installation standards which may include tiny home installation standards, and the other four (4) hours on the Division’s Manufactured Housing Installation Program.

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

(K) 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. The bond requirement is specific to multi-family townhomes built to the IRC. 10.14.1.2 An individual applying to be a registered installer of multifamily structures as defined by Rule 1.26 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.

(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; or (D) Colorado-licensed design professional who has prior experience in the design and construction of multi-family structures.

(E) Eight (8) hours of Division of Housing-approved installation education: four (4) of the hours must consist of training on the installation of multi-family structures and the other four (4) hours on the Division’s Manufactured Housing Installation Program.

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

(G) 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. The bond requirement is specific to multi-family townhomes built to the IRC.

Certification 10.15 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: 10.15.1 Class IRC – Modular and tiny home only. Submit evidence of five (5) Division-approved installations of modular homes and tiny homes built to the building codes adopted by the State Housing Board, completed within an 18-month period. 10.15.2 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 18month period. 10.15.3 Class IBC – Multi-family structures. Submit evidence of fifteen (15)

Division-approved installations of multi-family dwelling units, but no less than two (2) multi-family buildings, built to the building codes adopted by the State Housing Board, completed within an 18-month period. 10.16 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 demonstrates the ability to successfully complete installations of manufactured homes, tiny homes, or multifamily 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. 10.16.1 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 of Housing may require additional installations to be performed, reviewed, and accepted prior to scheduling a certification inspection. 10.16.2 A registered business entity installer pursuing certification must provide evidence that all individual installers registered with the business meet the requirements in Rule 10.14 and successfully complete the certification inspection in Rule 10.15. 10.16.2.1 Once the business entity is certified, it may register a new qualified installer with the business entity and maintain certification status as long as the newly registered person completes their certification within eighteen (18) months from the date they successfully register with the Division of Housing. 10.16.2.2 A registered qualified installer employed by a certified business entity will be required to have their installations inspected by the Division of Housing or one of its approved installation inspectors until that individual is certified. 10.17 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 of Housing 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. 10.17.1 Before the installation begins, the certified installer must report the installation to the Division of Housing. 10.17.2 The certified installer must affix the installation insignia to the structure after certifying that the structure is in compliance with the Division-approved installation standards. 10.17.3 Installations performed by a certified installer do not require an inspection by the Division of Housing 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 to inspect an installation performed by a certified installer. 10.18 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. 10.18.1 A renewal application filed with the Division of Housing must include evidence of completing four (4) hours of approved continuing education in compliance with the education requirements detailed in Rules 10.21 through 10.25. 10.19 A certified installer must timely and completely renew their registration with the Division of Housing as required above in Rule 10.18 in order to maintain their certification. A certification will automatically expire if a registration is not successfully renewed. 10.20 A registration will remain active if a complete application is submitted to the Continuing Education 10.21 The Division of Housing will review all educational courses submitted and will grant course approval in writing. The Division 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. 10.22 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. 10.23 All continuing education courses may be offered and completed by distance learning. 10.24 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.

(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. 10.25 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. 10.25.1 For distance learning an affidavit of completion signed under penalty of perjury is the only acceptable proof. 10.25.2 In person courses may have a certificate signed by the instructor at the end of the course. 10.25.3 Installers and inspectors must retain proof of continuing education completion for three years and provide said proof to the Division of Housing upon request. 10.26 Each approved education provider must retain copies of course outlines or syllabi and complete attendance records for a period of three years. 10.27 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 of Housing request, a copy of textbook, manual, audio, videotapes, or other instructional materials. 10.28 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 10.29 The Division of Housing may authorize independent contractors to perform installation inspections and enforcement of proper installation of manufactured homes, including multi-family structures, and tiny homes. 10.30 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) Colorado-licensed design professional who specializes in the field they are inspecting;

(2) 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;

(3) International Code Council certified inspector;

(4) Previously a Colorado certified installer; or (5) 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 (6) Eight (8) hours of Division of Housing-approved installation education: four (4) of the hours must consist of installation training on manufactured homes and tiny homes; and four (4) hours on the Division’s Manufactured Housing Installation Program.

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

(1) Colorado-licensed 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-authorized 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 (12) hours of Division of Housing-approved installation education: eight (8) of the hours must consist of training on multifamily structure installation standards and four (4) hours on the Division’s Manufactured Housing Installation Program. 10.31 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. 10.32 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. 10.33 A certified inspector is required to renew their certification annually. 10.33.1 A renewal application filed with the Division of Housing must include evidence of completing four (4) hours of approved continuing education annually in compliance with the education requirements listed further up in these rules. 10.33.2 A certification will remain active if a complete application is submitted to the Division of Housing by the certification expiration date. 10.34 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”. 10.34.1 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. 10.34.2 Division of Housing inspectors or Division-designated independent inspectors may perform inspections within the participating jurisdiction in response to a complaint. 10.35 Audits for independent inspectors will take place annually to maintain certification. Audits will focus on requirements for maintaining certification, including, but not limited to, compliance with reporting all installations and insignias issued by the Division of Housing.

Installation of Tiny Homes 10.36 Tiny homes installed temporarily will not receive an installation insignia if the tiny home will be located at the temporary installation site for less than 180 days. Installations that are less than 180 calendar days will receive a Temporary Installation Certificate which will include the structure information, the installer, and inspector, with an end date of when the temporary approval for the installation expires. Tiny homes placed on a temporary foundation for longer than 180 days will receive an installation insignia. 10.36.1 An extension may be requested in writing to the Division of Housing for up to 180 calendar days. No other extension may be granted after and an installation insignia will be required for the installation. 10.37 Installations in RV parks, or for camping that are intended for recreational use, do not require installation inspections and must follow the installation manual for park model installation procedures. 10.38 Installations longer than 180 calendar days, after an approved extension, or a permanent installation at a location, will require an inspection by one of the following: ● A Division of Housing inspector, ● Certified independent contractor, ● Certified Installer, or ● Participating Jurisdiction 10.39 Tiny Homes that are intended for temporary use still need to follow the guidelines in Rules 10.36 through 10.38. 10.40 Tiny homes that are intended to be relocated and not intended for long term use at one location, and not permanently installed, are considered temporary structures 10.41 Tiny homes that are being stored, not intended to be occupied for other than maintenance purposes, do not need to be inspected for installation, but should follow proper supporting and tie down procedures for storage, per the installation instructions 10.42 Audits for installers and inspectors may include, but are not limited to:

(A) Documentation, reporting, and recordkeeping for installations and inspections completed and insignias issued, including homeowner contracts and installation authorizations.

(B) Financial surety, as required by law in section 24-32-3315, C.R.S., including bond and insurance coverage. 10.43 Registered and certified installers are audited per procedures detailed in the Division of Housing’s Audit Handbook. 10.44 Installers or inspectors found to have corrective actions as a result of an audit or investigation will have thirty (30) calendar days to become compliant. Failure to penalty of $250. Failure to comply within sixty (60) calendar days will result in a

Rule 11. Foundations 11 The Division of Housing has direct oversight of the construction, design and inspection of foundations for factory-built structures; and all hotels, motels, and multi-family structures in jurisdictions without building departments.

Foundation Design Review 11.1 Prior to the construction of any foundation system in jurisdictions without a building department, plan approval must be obtained by the Division of Housing. 11.1.1 Plans must be designed and stamped by a registered architect or engineer and must include the following documentation:

(A) Signed copy of a Division of Housing Foundation checklist, (B) Index of documents attached, (C) Location of the installation site, (D) Soils test report, Geotechnical Evaluation, or assumed soils condition based on-site assessment from the engineer or architect, (E) Frost depth: from local data or calculated method using air freezing index, (F) Code analysis of code design criteria, (G) Stamped foundation system with supporting data that meet or exceed the local conditions, •Applicable foundation design criteria that is specific to the site location or meet Division of Housing minimum requirements per,

Rule 11 of these rules, whichever is more restrictive.

(H) Site plan, with minimum setback distances to lot lines or other structures as applicable, (I) Designate as a permanent or temporary foundation per Rules 1.32 and 1.43, (J) If applicable, interface details for structures with a chassis, (K) Denote if special inspections are required, and (L) Identify if the location is a flood hazard area. 11.1.2 Foundation designs approved by a Colorado-licensed design professional with the structure’s installation manual. Must include the following:

(A) All pages are stamped by the Colorado-licensed design professional, (B) Location of the installation site, (C) Soils test report, Geotechnical Evaluation, or assumed soils condition based on-site assessment from the engineer or architect, (D) Frost depth: from local data or calculated method using air freezing index, (E) Code analysis of code design criteria, (F) Stamped foundation system with supporting data that meet or exceed the local conditions, •Applicable foundation design criteria that is specific to the site location or meet Division of Housing minimum requirements per

Rule 11 of these rules, whichever is more restrictive.

(G) Site plan, with minimum setback distances to lot lines or other structures as applicable, (H) Designate as a permanent or temporary foundation per Rules 1.30 and 1.41, (I) If applicable, interface details for structures with a chassis, (J) Denote if special inspections are required, and (K) Identify if the location is a flood hazard area. 11.1.3 Any deviations from approved plans require plans to be resubmitted for review and approval. Plans must be restamped by the Colorado-licensed design professional. 11.1.4 Any deviation from the installation manual must have prior approval from the manufacturer or a new design may be stamped by a Coloradolicensed design professional. 11.2 The Division of Housing may send plans for review to a third-party agency 11.3 All aspects of foundation construction and design listed below must be inspected and passed for compliance prior to concealment of any component by a Division of Housing Inspector, authorized third-party agency, or Colorado-licensed design professional.

(A) Open Hole Inspection (B) Footings (C) Ufer/Concrete Encased Electrode (D) Stem Wall (E) Perimeter Drain (if required)

(F) Damp Proofing (G) Foundation Void 11.4 If inspections are conducted by an authorized third-party agency or Coloradolicensed design professional, an inspection letter must be submitted at the conclusion of the foundation construction. An inspection letter must clearly denote that all required inspection items listed in Rule 11.1 have been completed and compliant with approved design and adopted codes in these rules. 11.5 Any deviation or discrepancies found during an inspection must be reported to the Divion of Housing and the engineer on record. Changes to design based on findings require revisions to the approved plan to be submitted to the Division for approval.

Rule 12. Enforcement 12.1 The Division of Housing may deny, suspend, fine, or revoke a registration, certification, or authorization after notice and hearing pursuant to sections 24-4- 104 and 24-4-105, C.R.S., whenever a violation of any provision of these regulations or statutes occurs, or when a registration, certification, or authorization is issued on the basis of incorrect information supplied by the applicant. 12.1.1 A person or entity with a registration, certification, or authorization that is revoked may not apply for a new registration, certification, or authorization until at least one (1) year has passed from the date it went into effect and must comply with any remediation requirements imposed by the Division of Housing. 12.1.2 The Division of Housing may, in its discretion, seek the summary suspension of a registration, certification, or authorization under section 24-4-104(4)(a), C.R.S., if the Division concludes that the registered, certified, or authorized entity or individual has committed deliberate and willful violations of Colorado law or if the public health, safety, or welfare imperatively requires emergency action. 12.2 A certified inspector that knows of an installation that is in default and has not been corrected by subsequent repair must request that the Division of Housing investigate the installation. The Division may deny, suspend, fine, revoke, or refuse to renew the registration of the installer and cause the forfeiture of the installer’s surety bond on behalf of the owner of the manufactured home or tiny home for failing to comply with the Division's standards regarding installation of a manufactured home or tiny home. 12.3 The Division of Housing may investigate complaints filed against manufacturers, third-party agencies, inspectors, building contractors, sellers, or installers as necessary to enforce and administer these regulations. The Division may also open an investigation as needed without a complaint. 12.3.1 If a construction inspection, investigation, or audit of a factory-built structure finds results or items that need correction, a correction notice will be issued. 12.3.1.1 Correction notice recipients have ten (10) calendar days to respond to the correction notice and thirty (30) calendar days to make corrections. 12.3.2 If the result of a plan review, screening, or audit indicates non-compliance with the Administrative Rules or submittal procedures, a deviation report will be issued. 12.3.3 If a registered, certified, or authorized party has violated these rules, failed to resolve a correction notice or a deviation report, or has otherwise not complied with requirements in section 24-32-3301 et. seq., C.R.S., the Division of Housing may issue a corrective action letter which may include a fine, suspension of registration, certification, authorization; denial of reregistration, re-certification, or re-authorization; or revocation of registration, certification, or authorization. Correction notices and corrective actions must be approved and closed out by the Division prior to placement of any insignia. 12.4 The Division of Housing may designate a certified inspector to perform inspections on behalf of the Division to aid in the investigation of consumer complaints. 12.5 In the event the Division of Housing receives funds from the forfeiture of a letter of credit, certificate of deposit, or surety bond, pursuant to (i) section 24-32- 3311(1)(1.3)(II), C.R.S., section 24-32-3315(2), C.R.S., or (ii) section 24-32- 3324(2), C.R.S., and Rules 4.6.2, 9.7, and 10.14, the Division shall distribute those funds to the individual entitled to the funds pursuant to those statutes. If more than one person is eligible to make a claim, then the Division of Housing is required to pro rate the total amount of the letter of credit, certificate of deposit, or surety bond among all known claimants using the following formula:

Take the eligible amount paid by each verified claimant and divide it by the total dollar amount of eligible payments received by the registered installer or seller from all verified claimants, and multiply it by the amount recovered from the letter of credit, certificate of deposit, or surety bond to get the specific amount the claimant will receive of the total amount available to all claimants. 12.6 Failure to comply with federal manufactured housing regulations may subject the party in question to civil penalties in accordance 24 CFR §§ 3282.10 and 3282.302(b)(3), as adjusted by the Federal Civil Penalties Inflation Adjustment Act.

APPENDIX A: Regional Design Criteria Table (Does not apply to HUD-code homes, or site-built hotels, motels, and multi-family structures in areas of the state that do not have a building department.)

The Regional Design Criteria Table below describes minimum design criteria for five (5) snow load regions and five (5) wind speed regions. Structures can be designed to meet any snow load region and any wind speed region. Architects and designers can mix and match snow load and wind speed regions to design structures to fit in Colorado’s varied geography and climates. In other words, a structure does not have to be designed to Snow Region-2 and Wind Region-2; a structure could be designed for Snow Region-1 and Wind Region-3). Other minimum design criteria for structures in all regions are also included. Exceptions are noted in footnotes. Verify that site data is equal to, or less than, values in the table. Refer to Division of Housing document, Regional Table User Guide, for additional information.

Colorado Regional Design Criteriaᴬ Snow Region Strength-Based Flat Roof Snow Load, Pf, (psf) of:

Strength-Based Ground Snow Load, Pg, (psf)

B,C Thermal Factor, (Ct), 1.20 Exposure Factor, (Ce)ᴰ Full, 0.9 Partial, 1 Sheltered, 1.2 Model A Model B Model C SR-1 30 40 36 30 SR-2 40 53 48 40 SR-3 60 80 72 60 SR-4 80 106 96 80 SR-5 100 133 120 100 SSD Site-Specific Design Colorado Regional Design Criteriaᴬ Wind Region Wind Speed, V (mph) (Risk Category II, Exposure C)ᴱ WR-1 WR-2 WR-3 WR-4 WR-5 SSD 115 125 140 150 165 Site-Specific Design Other Design Criteria Minimums for All Regionsꟳ Minimum Requirements for all IRC/IBC structures Seismic B Termite Damage Moderate to Heavy Wildfire Minimum Class 1ᴳ Weathering Severe Ice Barrier Yes Flood Hazard Per Local Air Freezing Index Per Local Radon IRC Appendix AFᴴ , ᴵ Mean Annual Temp Per Local Outdoor Heating and Cooling Temperatures Per Local Minimum Requirement for IRC Structures Only ADU Fire Separation IRC Section R302.1ᴶ Thermal Climate Zone 7ᴷ Fire Suppression If required by localᴸ Minimum Requirement for IBC Structures Only Thermal Climate Zone 6 Fire Suppression If required by localᴹ Footnotes: ᴬ Refer to Division of Housing guidance, Regional Table User Guide, for additional ᴮ The strength-based ground snow loads for each region are using the ASCE 7-22 flat roof snow load equation to calculate the equivalent flat roof snow load using exposure and thermal factors within the table, with no allowed reduction for slope on regional models. Regional models must still also account for other typical roof loads imposed on the structure per Chapter 7 of the ASCE 7-22. Site-specific models are allowed to use reduction for slope along with other typical roof snow load calculations from Chapter 7 of the ASCE 7-22 to determine snow loads. The table only indicates the minimum strength-based ground snow load (Pg) and its calculated flat roof snow load (Pf) using set exposure and thermal factors in the table.

When the calculated strength-based roof snow load is above 57 psf, decks, external balconies, fire escapes, and other walking surfaces must be designed to consider the maximum flat roof snow load or the design live load. Snow loads are for structures in Risk Category II areas. ᴰ Determine exposure based on footnotes to ASCE 7-22 Table 7.3-1 Exposure Factor, Ce. If site information is not known, plans must indicate limitations of structure to obstructions, per the Table. ᴱ Structures that need to be designed for Risk Category III and IV, or for Exposures other than Exposure C, or in Tornado Regions indicated in ASCE 7-22 wind areas, must use the ASCE standards or equivalent for specific wind speeds. ꟳ The table represents minimum design criteria that a structure must meet when designing regional structures. ᴳ May be exempt if the Colorado Wildfire Resiliency Code Map, or locally amended map approved by the Colorado Wildfire Resiliency Code Board, classifies the location where the structure will be installed with no hazard. ᴴ Structures may be designed with radon mitigation through structure or, alternatively, with exterior routing for active or passive venting for future installation when installed on-site. Plans must include penetration details if radon mitigation is designed to penetrate through the modular system, and follow sections related to materials, installation, and testing when routed through structure. ᴵ If a local jurisdiction requires radon mitigation for IBC structures, footnote H applies for those structures. ᴶ May be exempt if the local authority having jurisdiction does not require fire separation for accessory dwelling units (ADUs). ᴷ Residential structures built to the IRC may be exempt from climate zone 7 thermal envelope requirements if the structure will be installed in a jurisdiction in climate zone 4. ᴸ Where a fire suppression system is required by the local authority having jurisdiction, the system shall be designed and installed to a minimum of a National Fire Protection Association (NFPA) 13D fire suppression system. ᴹ The fire suppression system designer must take into consideration applicable sections from IFC Chapter 5, in addition to IFC Chapter 9 when designing fire suppression systems for IBC structures. ____________________________________________________________________ Resolutions 10, 34, 35, 36, and 38 repealed and replaced with this new rule, adopted on May 8, 2018, and effective July 1, 2018.

Rule 1.23 was created; Rules 1.24 and 1.25 were renumbered; Rules 2.1 and 2.1.1.1 were amended; Rules 2.2, 2.2.1, and 2.2.2 were amended; Rules 2.2.25, 2.2.26, and 2.2.27 were created; Rule 2.4 was amended; Rules 2.5 and 2.5.2 were amended; Rule 2.6 was amended; Rules 2.7.1, 2.7.4, and 2.7.7 were amended; Rule 4.1 was amended;

Rule 4.21 was amended; Rule 4.23 was amended; and Rule 4.24 was amended. These changes were adopted on October 8, 2019, and are effective November 30, 2019.

Rule 7.3 was amended; Rule 7.5 was repealed and subsequent rules renumbered, and

Rule 7.7 was created. These changes were adopted on July 14, 2020, and are effective September 14, 2020.

Rules 1.13, 7.1, and 7.2 were deleted. Rules 1.6, 1.9, 2.5.3., 5.8, 5.9, 6.11.1, 6.12.3, 6.15.1, 6.26(B), and 6.29.1 are new. Rules 1.6, 1.7, 1.8, 1.9, 1.10, 1.11, 1.11.1, 1.11.2, 1.12, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.20, 1.21, 1.22, 1.23, 1.24, 1.25. 1.26, 1.26.1, 1.26.2, 7.3, 7.4, 7.5, 7.6, and 7.7 were re-numbered. Rules 1.1, 1.4, 1.5.2, 1.9, 1.12.1, 1.15, 1.17, 1.18, 1.21, 1.25, 1.26.2(C), 2, 2.1.1.1, 2.5, 2.12, 3.1.3, 3.7, 4.1, 4.14, 4.15.1, 5, 5.1, 5.1.1, 5.1.2, 5.2, 5.3, 5.3(A), 5.3(B), 5.3(C), 5.4, 5.6, 6.1, 6.2, 6.2.1, 6.2.2, 6.3, 6.3.2, 6.5, 6.9, 6.10, 6.10.1, 6.11, 6.12, 6.12.1, 6.12.2, 6.13, 6.14, 6.14.1, 6.14.2, 6.15, 6.16, 6.26(A), 6.27, 6.28, 6.29, 7.1, 7.1.1, 7.1.2, and 7.5 were amended. These changes were adopted on July 13, 2021, and are effective August 30, 2021.

Title and subtitles changed to incorporate HB22-1242 modifications. Deleted Rules 2.5.1.1.(A). 7.7.2 Added Rules 1.4, 1.11, 1.19, 1.26, 1.31, 1.32, 1.33, 2.2.13, 3.1.6, 3.6.2(B), 3.6.2(C), 3.6.5(C), 3.6.5(D), 4.5, 4.5.1, 4.5.2, 4.5.2(1), 4.5.2(2), 4.6, 4.12.1, 4.12.2, 4.12.3, 4.12.4, 4.12.5, 4.12.6, 4.12.6.1, 4.15.1, 4.15.2, 4.15.3, 4.17.3, 4.17.4, 4.17.5, 4.24, 4.25, 4.27.5, 4.27.6, 5.2, 5.7, 5.12, 5.12.1, 6.1.2, 6.2.3, 7.1.2. Amended Rules: 1.2, 1.6.2, 1.6.3, 1.8, 1.10, 1.13, 1.13.1, 1.13.2, 1.15, 1.18, 1.20, 1.22, 1.27, 1.29, 2.1.9, 2.2.1, 2.2.11, 2.2.12, 2.2.17, 2.2.27, 2.12, 2.13.1.1, 2.14.1, 2.14.2, 2.14.2.1.1, 2.14.2.2, 3.1, 3.85, 4.2, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12, 4.13, 4.14, 4.14.1, 4.15, 4.16, 4.17.1.1, 4.17.2, 4.21, 4.22, 4.26, 4.26.1.1, 4.26.1.2, 4.26.1.3, 4.27.2, 4.27.3, 4.28, 4.32.1, 4.32.3, 4.32.4, 4.32.5, 4.32.8, 4.32.9, 5.1.1, 5.3, 5.4, 5.10, 6.1, 6.2, 6.2.1, 6.3, 6.3.1, 6.3.2, 6.4, 6.6, 6.7, 6.10, 6.11.1.1, 6.11.1.2, 6.12.1, 6.13, 6.25, 6.26, 6.30.1, 7.2, 7.5. The following rules were renumbered 1.4, 1.5, 1.6, 1.6.1, 1.8, 1.12, 1.13, 1.15, 1.20, 1.24, 1.26, 1.26.1, 1.26.2(A), 1.26.2(B), 1.25.2(C), 2.2.13, 2.2.14, 2.2.15, 2.2.16, 2.2.17, 2.2.18, 2.2.19, 2.2.20, 2.2.21, 2.2.22, 2.2.23, 2.2.24, 2.2.25, 2.2.26, 2.2.27C4.11.2, 4.14, 4.14.1, 4.15, 4.16, 4.16.1, 4.16.1.1, 4.17, 4.19.1, 4.20, 4.21.1, 4.21.3.1, 4.21.2.1, 4.21.2.2, 4.21.2.3, 4.21.2.3, 4.21.2.4, 4.21.3.1, 4.21.4, 4.22.1, 4.22.2, 4.22.3, 4.22.4, 4.22.4.1, 4.22.5, 4.23, 4.24, 4.24.1, 4.24.2, 4.24.3, 4.24.3.1, 4.25, 4.26, 4.27, 4.27.2, 4.27.6, 4.27.7, 4.27.10, 4.27.11, 4.27.11.1, 4.27.11.2, 5.4, 5.5, 5.6, 5.7, 5.9. These changes were adopted on 5/9/2023 and are effective 7/1/2023.

Emergency rulemaking to allow modification of building codes and standards for emergencies declared by a local jurisdiction. Added: Rule 2.15.3. This change was adopted on October 24, 2023, and is effective on October 24, 2023.

Permanent rulemaking to allow modification of building codes and standards for emergencies declared by a local jurisdiction. Added: Rule 2.15.3. This change was adopted on February 13, 2024, and is effective on April 15, 2024.

Rules updated to implement House Bill 24-1152. Rule 7 (Enforcement) was moved in its entirety to new Rule 8 and renumbered accordingly. Added Rules: 1.6, 1.19, 1.28, 1.33, 1.34, 2.5.1, 2.5.2, 2.15, 2.16, 2.17, 2.18, 2.19, 3.3.2, 3.9, 4.1.3, 4.1.3.1, 4.1.4, 4.17.4.1, 4.27.2.5, 4.33.8(O), 6.5.1.1, 6.5.1.2, 6.5.1.3, 6.31, 6.31.1, 6.32 through 6.36, Rule 7 (Foundations). Deleted Rules: 2.1.7, 2.2.8, 2.2.10, 2.2.27 (b through m), 2.7.1 through 2.7.6. Amended Rules: 1.2, 1.18, 1.22, 1.36, Rule 2 introductory text, 2.1, 2.1.1, 2.1.1.1, 2.1.1.2, 2.1.2.1, 2.2.1, 2.2.2, 2.2.10, 2.2.7 (a through e), 2.3, 2.4, 2.6, 2.7.1, 3.1.4, 3.3, 3.3.1, 4.4, 4.5.2, 4.6, 4.7, 4.27.2, 5.1.2, 6.11.1.1. Rules were renumbered accordingly to accommodate the changes listed above. These changes were adopted on October 8, 2024, and are effective on December 31, 2024.

Rules updated to implement a new fee schedule. Added Rules: 3.6.5(D), 3.6.7. Deleted:

Rule 3.8.4. Amended Rules: 3.1.1, 3.1.1.1, 3.1.2, 3.1.6, 3.2.1, 3.2.2, 3.3 and subrules, 3.4, 3.5 and subrules, 3.6 and subrules, 3.7. Rules were renumbered accordingly to accommodate the changes listed above. These changes were adopted on June 10, 2025, and are effective on July 31, 2025.

Rules updated to incorporate HB25-1273 and SB25-002 modifications. Added Rules: 2.1.7, 3.1.4.1, 6.2.4, 6.10.2 and subrules, 6.10.3, 6.10.3.1, 6.13.2 and subrules.

Amended Rules: 1.1, 1.2, 1.6, 1.11, 1.17, 1.19, 3.14, 6.10, 6.12.3, 6.25, 7.1.1(G), 7.1.2(C), 7.1.2(F), Rule 8 introductory text, 8.5. Rules were renumbered accordingly to accommodate the changes listed above. These changes were adopted on January 20, 2026, and are effective on March 17, 2026.

Rules updated to incorporate SB25-002 modifications. Deleted Rules: 1.2, 2.2.4, 2.2.5, 2.2.6, 2.2.7, 2.14.2 and subrules, 3.1.1.1, 3.1.2, 3.8.4, 4.9.5, 4.15.1, 4.15.2, 4.15.3, 4.17.3, 4.17.4.1, 4.19.2, 6.11.1.2, 9.3(C). Moved Rules: Rules 4.31 through 4.33 were substantially duplicated in new Rule 5. The following Rules were moved in their entirety and renumbered: Rule 5 (Sellers) was moved to Rule 9; Rule 6 (Installations and Inspections) was moved to Rule 10; Rule 7 (Foundations) was moved to Rule 11; Rule 8 (Enforcement) was moved to Rule 12. Added Rules: 1.2, 1.3, 1.6, 1.9, 1.14, 1.15, 1.16, 1.17, 1.18, 1.19, 1.20, 1.35, 1.36, 1.39, 2.1.10, 2.1.12, 2.2.1, 2.2.2, 2.2.11, 2.2.19, 2.2.21, 2.2.22, 2.3.4, 2.6.4, 2.6.5, 2.8 and subrules, 2.9, 2.10, 2.11, 2.12, 2.13, 2.14, 2.15 and subrules, 2.16 and subrules, 2.24, 3.1.5, 3.1.6, 3.2, 3.2.1, 3.8 and subrules, 4.2, 4.2.1, 4.8, 4.8.1, 4.11, 4.17, 4.30, 4.33.1, 4.34, 4.35.2, 4.36, 4.37, 4.38, 4.39, 4.40, 4.40.1, 4.41, 4.42, 4.43, 4.43.1, 4.44, 4.45, 4.45.1, Rule 5, Rule 6, Rule 7, Rule 8, 9.8, 9.11, 9.15, 9.16, 9.17, 10.3, 10.4, 10.5, 10.5.1, 10.21, 10.34.2, 10.36, 10.43, 10.44, 10.45, 11.2, 12.3 and subrules, 12.6. Amended Rules: Rule 1, Rule 2 introductory text, 2.1, 2.1.1.3, 2.1.2.1, 2.1.4, 2.1.6, 2.1.7, 2.1.8, 2.1.11, 2.1.13, 2.1.14, 2.2, 2.2.1, 2.2.2, 2.2.3, 2.2.4, 2.2.5, 2.2.6, 2.2.7, 2.2.8, 2.2.9, 2.2.10, 2.2.25, 2.3, 2.3.1, 2.4, 2.5, 2.5.3.1, 2.6, 2.6.1, 2.7, 2.17, 2.18, 2.19, 2.20, 2.21, 2.22, 2.23, 2.24, Manufactured Home and Tiny Home Installation Standards introductory text, 2.23, 2.23.1, 2.23.1.1, 2.23.1.3, 3.1 and subrules, Rule 3, 4.1, 4.1.3, 4.1.3.1, 4.1.4, 4.3, 4.5, 4.6, 4.6.2 (1), 4.7, 4.9, 4.10, 4.12, 4.12.1, 4.12.2, 4.12.4, 4.12.4(D), 4.12.5, 4.14, 4.15.1, 4.15.5, 4.15.6.1, 4.16, 4.18, 4.19, 4.21.1.1, 4.21.2, 4.21.3, 4.21.4, 4.22, 4.23, 4.23.1.1, 4.24, 4.25, 4.26, 4.28, 4.31, 4.31.1.1, 4.31.1.2, 4.31.1.3, 4.31.1.3.1, 4.31.2, 4.31.2.1, 4.31.2.5, 4.31.4, 4.31.6, 4.32 and subrules, 4.33, 4.33.1, 4.35, 4.35.2, 4.35.3, 4.35.4, 4.35.4.1, 9.2, 9.3, 9.3(B), 9.4(C)(1), 9.4(C)(2), 9.7, 9.9, 9.12, 9.13, 9.14, Rule 10 title, 10.1, 10.1.2, 10.2, 10.2.1, 10.2.2, 10.2.4, 10.6, 10.6.2, 10.7, 10.8.1.2(A), 10.9, 10.12, 10.13.1, 10.13.2, 10.13.2.1, 10.13.2.3, 10.13.2.4, 10.13.2.5, 10.13.2.7, 10.14.3, 10.14.3.1, 10.15.1.1, 10.15.1.1(A), 10.15.1.1(G), 10.15.1.1(I), 10.15.1.1(K), 10.15.2, 10.15.2(C), 10.15.2(E), 10.15.2(H), 10.16.1, 10.16.3, 10.17, 10.17.1, 10.17.2 and subrules, 10.18 and subrules, 10.19, 10.19.1, 10.20, 10.22, 10.26.3, 10.28(E), 10.30, 10.31(A)(7), 10.31(B)(4), 10.31(B)(7), 10.34, 10.34.1, 10.35.2, 10.37, 10.37.1, 10.38, 10.39, 10.40, Rule 11 introductory text, 11.1, 11.1.1, 11.1.2, 11.1.3, 11.33, 11.4, 11.5, Rule 12 introductory text, 12.1, 12.1.1, 12.1.2, 12.2, 12.3.2, 12.4, 12.5. Rules were renumbered accordingly to accommodate the changes listed above. These changes were adopted on May 5, 2026, and are effective on June 30, 2026.

Editor’s Notes

History New rule eff. 07/01/2018.

Rules 1.23-1.25, 2.1, 2.1.1.1, 2.2, 2.2.1, 2.2.2, 2.2.25-2.2.27, 2.3, 2.4, 2.5, 2.5.2, 2.6, 2.7.4, 2.7.7, 4.1, 4.21, 4.23, 4.24 eff. 11/30/2019.

Rules 5.8, 6.15, 7.8, 7.9 emer. rules eff. 04/01/2020; expired 07/30/2020.

Rules 5.8, 6.15.1, 7.3, 7.5-7.8 emer. rules eff. 05/12/2020; expired 09/09/2020. Rule 7.5 repealed emer. rule eff. 05/12/2020; expired 09/09/2020.

Rules 5.8, 6.15.1 emer. rules eff. 06/09/2020.

Rules 5.8, 5.8.1, 6.15.1, 6.15.1.1 emer. rules eff. 07/14/2020.

Rules 5.8, 5.8.1, 6.15.1, 6.15.1.1 emer. rules eff. 09/08/2020; expired 01/06/2021.

Rules 7.3, 7.5-7.7 eff. 09/14/2020. Rule 7.5 repealed eff. 09/14/2020.

Rules 5.8, 5.8.1, 6.15.1, 6.15.1.1 emer. rules eff. 04/13/2021.

Rules 5.8, 5.8.1, 6.15.1, 6.15.1.1 emer. rules eff. 05/11/2021; expired 09/08/2021.

Rule 2.5.3 emer. rule eff. 07/13/2021.

Rules 1, 2.1.1.1, 2.5, 2.5.3, 2.12, 3.1.3, 3.6, 3.7, 4.1, 4.7, 4.14, 4.15.1, 4.25, 4.26, 4.27.8, 4.27.9, 4.27.11.1, 5, 6, 7 eff. 09/14/2021.

Entire rule eff. 06/30/2023.

Rule 2.15.3 emer. rule eff. 10/24/2023; expired 02/21/2024.

Rule 2.15.3 eff. 04/15/2024.

Rules 1, 2, 3.1.4, 3.3, 3.9, 4.1.3, 4.1.4, 4.4, 4.5.2, 4.6, 4.7, 4.17.1.1, 4.17.4.1, 4.27.2, 4.27.2.5, 4.33.5, 4.33.8(O), 5.1.2, 6.1, 6.2.1, 6.5.1, 6.11.1.1, 6.31-6.36, 7, 8 eff. 12/31/2024.

Rule 3 eff. 07/31/2025.

Rules 1.1, 1.2, 1.6, 1.11, 1.16.1, 1.17, 1.18, 1.19, 1.26, 2.1.7-2.1.12, 2.3, 3.1.4, 3.1.4.1, 5.3, 5.4, 6.2.4, 6.10, 6.11.1.3, 6.12.3, 6.13.2, 6.25, 7.1.1(G), 7.1.2(F), 8 Appendix A, Appendix B, eff. 03/17/2026.

Entire rule eff. 06/30/2026.

8 CCR 1302-15 Mobile Home Park Oversight Program {#sec-8-ccr-1302-15 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-15}

DEPARTMENT OF LOCAL AFFAIRS

MOBILE HOME PARK OVERSIGHT PROGRAM

8 CCR 1302-15 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

AUTHORITY

Pursuant to section 38-12-1104(2)(j), C.R.S.

SCOPE AND PURPOSE

To implement and clarify the Mobile Home Park Act, Title 38, Article 12, Part 2 of the Colorado Revised Statutes (C.R.S.), and the Mobile Home Park Act Dispute Resolution and Enforcement Program, Title 38,

Article 12, Part 11, C.R.S., pursuant to statutory authority and changes made through House Bill 19-1309 Creating the Mobile Home Park Act Dispute Resolution and Enforcement Program (effective May 23, 2019), HB20-1196 Mobile Home Park Act Updates (effective June 30, 2020), HB20-1201 Mobile Home Park Residents Opportunity to Purchase (effective June 30, 2020), HB21-1121 Residential Tenancy Procedures (effective June 25, 2021), HB22-1287 Concerning Protections for Mobile Home Park Residents (effective October 1, 2022), HB24-1098 Cause Required for Eviction of Residential Tenant, and HB24-1294 Mobile Homes in Mobile Home Parks (effective June 4, 2024 and June 30, 2024).

SEVERABILITY CLAUSE

The provisions of these regulations are severable. If any regulation, rule, section, paragraph, or other portion of the Mobile Home Park Oversight Program regulations is, for any reason, held inoperative, unconstitutional, void or invalid, the validity of the remaining portions shall not be affected.

RULE 1. DEFINITIONS

In addition to the definitions provided in sections 38-12-201.5 and 38-12-1103, C.R.S., the following definitions apply to enforcement of the Act (Part 2 of Article 12 of Title 38) and the Program (Part 11 of

Article 12 of Title 38): 1.1 “Consecutive occupancy” for purposes of section 38-12-204(3), C.R.S., means the consecutive period of time that:

A. The tenant(s) have a rental agreement with the management or landlord for occupancy of the mobile home space;

B. The management or landlord is receiving rent payments for the mobile home space from the tenant(s) or a third party; or C. The tenant(s) is residing in the mobile home or mobile home space after establishing lawful tenancy by signing a rental agreement pursuant or paying rent pursuant to Rule 1.1(A) or (B) of these rules. 1.2 “Home owner” as defined in section 38-12-201.5(2), C.R.S., includes residents who have an active rent-to-own, lease-to-own, purchase option, or similar agreement to buy a mobile home that is located in a mobile home park. 1.3 “Mobile home” as defined in section 38-12-201.5(5), C.R.S., includes a factory-built residential structure (modular home) if it is situated in a mobile home park and has all of the characteristics of a “mobile home” described in section 38-12-201.5(5)(a), C.R.S. (including being built on a permanent chassis); any pre-1976 mobile home; and any manufactured home constructed to the federal standards on or after June 15, 1976. 1.4 “Mobile home park” as defined in section 38-12-201.5(6), C.R.S. – A. Includes a park that is owned by a government entity, federally recognized tax-exempt charitable organization registered with the Colorado Secretary of State, or a Community Land Trust, if it has all of the characteristics of a “mobile home park” described in section 38-12-201.5(6), C.R.S.

B. Does not include a park that rents lots to camper coaches, camper trailers, fifth wheel trailers, motor homes, recreational park trailers, recreational vehicles, travel trailers, or truck campers, unless it also rents space to five (5) or more “mobile homes” as defined in

section 38-12-201.5(5), C.R.S., and Rule 1.3 of these rules. 1.5 For purposes of section 38-12-201.5(6.5), C.R.S., separate business entities that collectively own five (5) or more mobile or manufactured homes on the same parcel shall be treated as having the “same owner” if the business entities have one or more of the same legal or beneficial owners. 1.6 “New mobile home park or manufactured housing community development” as used in section 38-12-215(1)-(2), C.R.S., and “new park” as used in section 38-12-1106(9), C.R.S., do not include:

A. The addition of a “mobile home space(s),” as defined in section 38-12-201.5(7), C.R.S., to an existing mobile home park, as defined in section 38-12-201.5(6), C.R.S., and Rule 1.4 of these rules;

B. The sale, transfer, or conveyance of an existing mobile home park to a new owner(s); nor C. The merger of two or more existing mobile home parks. 1.7 “Occupied mobile homes” as used in section 38-12-217(4)(c), C.R.S., and Rule 2.2(I) of these rules means mobile homes for which the management or landlord:

A. Has a rental agreement with a tenant for the home or lot; or B. Is receiving rent payments for the home or lot from a tenant or a third party. 1.7A “Potable water” as used in sections 38-12-212.3(1)(b)(II) and (1)(d), C.R.S., means water that is safe for drinking, culinary, and domestic purposes and that meets the requirements of the Colorado Department of Public Health and Environment. Water that is under a boil water advisory is not considered potable. 1.8 “Rent” as defined in section 38-12-201.5(9), C.R.S., does not include attorney fees. 1.9 “Sufficient evidence” as used in section 38-12-212.5(4), C.R.S., and Rule 3.4 of these rules means a preponderance of the evidence.

RULE 2. REGISTRATION REQUIREMENTS 2.1 Initial Registration – for new mobile home parks must occur within three (3) months of the availability of five (5) or more mobile home lots for rent within a new park. 2.1.1 The “management” or “landlord,” as defined in section 38-12-201.5(3), C.R.S., who is designated as the primary contact for the mobile home park must file a registration form including full payment on behalf of the park with the Division. 2.2 Required Information – as part of the registration process, a mobile home park must provide the following information in addition to the information required under section 38-12-1106(7), C.R.S.:

A. The physical address, phone number, and website address (if any) of the mobile home park (park);

B. The phone number and email address (if any) of the legal owner of the park;

C. If the legal owner of the park is a domestic or foreign limited liability company (LLC), the first and last name of an agent for the LLC and the agent’s phone number and email address (if any);

D. The first and last name, mailing address, phone number, and email address (if any) of the manager of the park;

E. If the park is managed by a business entity, the business entity’s name, the first and last name of an agent for the business entity, and the agent’s mailing address, phone number, and email address (if any);

F. Identify which individual or business – the park owner or management – is designated as the primary contact for the mobile home park;

G. A list of all mobile homes in the park that identifies which mobile homes or mobile home lots the landlord has a rental agreement or is receiving rent payments for on behalf of a tenant. Identify which of these homes are owned by a tenant and which homes are owned by the landlord. Pursuant to Rule 1.2 of these rules, the landlord must identify homes for which the resident has a rent-to-own or similar agreement as being owned by a tenant.;

H. Reserved;

I. Reserved;

J. Reserved;

K. If the park is managed by a business entity, the name of any entity that exercises financial or management control of the business entity that manages the park;

L. If an entity exercises financial or management control of the domestic or foreign limited liability company (LLC) that owns the park, the first and last name of an agent for the entity, and the agent’s mailing address, phone number, and email address (if any);

M. If an entity exercises financial or management control of the business entity that manages the park, the first and last name of an agent for the entity, and the agent’s mailing address, phone number, and email address (if any);

N. If the park does business under any other name(s), the “Doing Business As (DBA)” name(s) and the Secretary of State Identification Number(s) for that DBA(s) (if any); and O. The signature of a landlord, as defined in section 38-12-201.5(3), C.R.S., filing for registration or registration renewal for the mobile home park pursuant to section 38-12- 1106(4), C.R.S. 2.3 Complete, Accurate, and Truthful Information Required – initial registration and registration renewal forms filed pursuant to section 38-12-1106(4), C.R.S., and Rules 2.1, 2.2, and 2.5 of these rules must be complete, accurate, and truthful and include all attachments and supplementation information. Pursuant to section 38-12-1106(7), C.R.S., the Division may not accept incomplete forms. 2.4 Registration Delinquency Fee – landlords who do not submit complete, accurate, and truthful information on their initial registration or registration renewal forms may be subject to a registration delinquency fee pursuant to section 38-12-1106(9), C.R.S., and Rule 4.2 of these rules. 2.5 Expiration Date – will be one year from the first day of the following month after the registration issue date as determined by Division staff, i.e. February 1, 2021 if the issue date is in January of 2020, and must be renewed by that date if still operating as a mobile home park. 2.6 If any of the provided information required by sections 38-12-1106(7)(a), (a.5)(I)-(III), or (b), C.R.S., or Rules 2.2(A)-(F) of these rules changes between the time of initial registration and renewal, or between registration renewals, the management or landlord is required to notify the Division within thirty (30) calendar days of the change to ensure timely delivery of Program communications. 2.7 Fee – Pursuant to section 38-12-1106(8), C.R.S., an annual registration fee of $34.00 must be paid by the mobile home park for each mobile home independently owned by a tenant home owner on rented land within the park, unless and until such registration fee is adjusted by the Division through a public rulemaking process. 2.7.1 Pursuant to section 38-12-1106(8), C.R.S., the management or landlord may charge a home owner not more than half of the registration fee annually. If the management or landlord attempts to recoup up to 50 percent of this fee from the home owner, the management or landlord must:

A. Notify the home owner in writing at least 60 calendar days before the management or landlord expects the home owner to pay the additional fee, or a longer time period if required by the home owner’s lease; and B. Do so in a clear and consistent manner within one (1) year of paying the registration fee to the Division. 2.8 Mobile Home Address List – A landlord must submit the registration information required under sections 38-12-1106(7)(e)-(f) and 38-12-1401(4), C.R.S., and Rule 2.2(G) of these rules on a form prescribed by the Division.

RULE 3. DISPUTE RESOLUTION AND ENFORCEMENT

General Rules 3.1 The following deadlines are in calendar days:

A. Respond to a subpoena within fourteen (14) days pursuant to section 38-12-1105(3)(a), C.R.S.

B. Comply with the requirements of a Notice of Violation within seven (7) days of it becoming a Final Agency Order pursuant to section 38-12-1105(5), C.R.S.

C. A landlord must notify the Division within thirty (30) days of a change in the ownership of the mobile home park pursuant to section 38-12-1106(5), C.R.S.

Filing a Complaint 3.2 A home owner acting in the capacity of a “complainant” as defined in section 38-12-1103(2), C.R.S., may file a complaint on behalf of their tenant if they are leasing their mobile home and the renter has experienced and communicated an alleged violation of the Act or Program to the home owner, provided that the home owner has made it clear in the complaint that it is being filed in a representative capacity. 3.3 When filing a complaint with the Division under section 38-12-1105(1), C.R.S., aggrieved parties are not required to allege what specific statutory section(s) of the Act or Program have been violated. The Division will apply the appropriate reference(s) to statute or rule upon review of the information provided in the complaint form and any additional information provided to the Division in connection with the complaint.

Complaint Investigation 3.4 Before imposing a penalty under section 38-12-1105(13), C.R.S., and Rule 4.4 of these rules, the Division will give the management or landlord an opportunity to rebut a presumption of retaliation with sufficient evidence of a nonretaliatory purpose pursuant to section 38-12-212.5(4), C.R.S. 3.4.1 The Division will consider as sufficient evidence of a nonretaliatory purpose, when provided by the management or landlord in response to a retaliation complaint, evidence including, but not limited to:

A. In response to an allegation of retaliatory action pursuant to section 38-12- 201.5(12)(k), C.R.S., evidence that:

i. The management or landlord reported, to an appropriate government agency, home owner conduct on park premises that materially harmed or threatened real or personal property or the health, safety, or welfare of one or more individuals or animals, including pet animals; or ii. The information reported to a government agency was, to the management or landlord’s knowledge, truthful and relevant to an ongoing investigation by that federal, state, or local government agency. 3.5 Pursuant to section 38-12-214(3)(a), C.R.S., if the management provides each home owner written notice of the management’s intent to add or amend any written rule or regulation, or if the management indicates that it will begin enforcing a rule or regulation that was previously unenforced, and a home owner files a complaint with the Division within sixty (60) days after receiving the notice alleging that a new, amended, or newly enforced park rule or regulation will increase a cost to the home owner in an amount that equals or exceeds ten percent of the home owner’s monthly rent obligation: 3.5.1 The Division will notify the management of the complaint and the specific rule(s),

regulation(s), or amendment(s) being challenged in the complaint. 3.5.2 The management shall not engage in any action to enforce the challenged rule(s),

regulation(s), or amendment(s) that is the subject of the complaint against any resident in the park, unless and until the parties to the complaint reach an agreement or the dispute resolution process concludes as described in section 38-12-214(3)(a), C.R.S. 3.5.3 Once the management receives notice from the Division of a complaint described in Rule 3.5 of these rules, the management shall notify all residents in the park that is the subject of the complaint in writing within fourteen (14) calendar days that the management will not enforce the challenged rule(s), regulation(s), or amendment(s) until further notice. 3.5.4 Unless otherwise prohibited by law, the management may enforce the other new, amended, or previously unenforced rules or regulations against residents that are not the subject of any complaint(s) described in Rule 3.5 of these rules, after the sixty (60) day written notice period expires. 3.6 A landlord acting in the capacity of a “complainant,” as defined in section 38-12-1103(2), C.R.S., may file a complaint with the Division alleging that a home owner does not have and will not sign a written rental agreement in violation of section 38-12-213(2), C.R.S. 3.6.1 When investigating a complaint alleging that a home owner has not signed a written rental agreement in violation of section 38-12-213(2), C.R.S., the Division will consider factors including, but not limited to:

A. Whether the current or previous management provided a written rental agreement to the home owner prior to the rental or occupancy of a mobile home space or lot pursuant to section 38-12-213(1), C.R.S. (effective July 1, 1981);

B. Whether the written rental agreement the current management provided the home owner would make material changes to the terms and conditions of the home owner’s existing tenancy as described in subsections 38-12-213(1)(a)-(f), C.R.S. In evaluating what the terms and conditions of an existing tenancy are, the Division may consider the following including, but not limited to:

i. Other written agreements between the management and the home owner;

ii. Verbal agreements between the management and the home owner; and iii. Past charges to and payments made by the home owner as described in subsections 38-12-213(1)(a) and (f), C.R.S.;

C. Whether changes to the terms and conditions of the home owner’s existing tenancy as described in subsections 38-12-213(1)(a)-(f), C.R.S., are necessary for the rental agreement to comply with current state law and local law; and D. Whether the home owner was previously approved for tenancy in the park. 3.7 When investigating a complaint that a landlord failed to timely remove snow from roadways, pedestrian sidewalks, or other pavement pursuant to section 38-12-212.3(2)(b)(II), C.R.S., the Division will consider the snow removal laws or guidance of the municipality or, if the park is in an unincorporated area, the county, where the park is located, that apply to similar residential or commercial properties.

Written Determination and Notice of Violation or Nonviolation 3.8 A landlord found to be in violation of the Act, Program, or these rules cannot pass on the costs of any remedial action(s), including penalties, fines, or fees, required by the Division or an Administrative Law Judge in a Final Agency Order to any home owner. 3.9 A landlord shall not pass on the costs of any attorney fees, witness fees, or other legal fees incurred by a landlord in responding to a complaint filed pursuant to section 38-12-1105(1), C.R.S., or an investigation by the Division of an alleged violation of the Act, Program, or these rules to any home owner, notwithstanding any language to the contrary in a rental agreement.

Prohibition on Rent Increases 3.10 For purposes of section 38-12-204(4)(c)(I), C.R.S., “[h]as not fully complied with any government order” means the landlord has failed to pay all penalties or complete all remedial actions required by the order by the deadline(s) specified in the order. Compliance will be achieved upon satisfaction of any imposed penalties and remedial actions. 3.11 The prohibition on increasing rent or issuing a notice of rent increase under section 38-12- 204(4)(e), C.R.S., applies if the landlord has been found by the Division in a final agency order or by a court to have failed to comply with one or more of the landlord’s responsibilities included in

section 38-12-212.3, C.R.S. The prohibition on increasing rent begins when the final agency order or court order is issued and continues for twelve (12) months following the issuance of that order. 3.12 Under section 38-12-204(4), C.R.S., the prohibition on a landlord increasing rent or issuing a notice of rent increase does not apply to fee increases or fee increase notices, unless the fee is

part of the “rent,” as defined in section 38-12-201.5(9), C.R.S. (e.g., a monthly pet fee that is part of rent under Rule 6.7.1 of these rules).

RULE 4. PENALTIES 4.1 The Division will apply the following criteria when assessing a registration delinquency fee pursuant to section 38-12-1106(9), C.R.S., and Rule 4.2 of these rules, a penalty for failure to appropriately post, maintain, or provide copies of the required Home Owner Notice pursuant to

section 38-12-1104(2)(d), C.R.S., and Rule 4.3 of these rules, a penalty for taking any “retaliatory action(s)” against a home owner pursuant to section 38-12-1105(13), C.R.S., and Rule 4.4 of these rules, or a penalty for failing to timely respond to a subpoena pursuant to section 38-12- 1105(3)(c), C.R.S., and Rule 4.6 of these rules:

A. The severity of the violation;

B. The type of violation;

C. The duration of the violation;

D. Whether the person or entity committed repeated violations;

E. Whether the person or entity submitted complete, accurate, and truthful information to the Division; and F. Any other mitigating or aggravating circumstances, including the impact on others, cooperation with the investigation process, and the sufficiency of the penalty to deter future violations. 4.2 The Division will scale any registration delinquency fees assessed under section 38-12-1106(9), C.R.S., as follows:

A. First offense, may be fined up to $3,000.

B. Second offense, may be fined up to $4,000.

C. Third or subsequent offense, may be fined up to $5,000. 4.3 The Division will scale any penalties assessed under section 38-12-1104(2)(d), C.R.S., for failing to appropriately post, maintain, or provide copies of the required Home Owner Notice described in section 38-12-1104(2)(a), C.R.S., in the time frame, manner, and locations provided in section 38-12-1104(2)(c), C.R.S., and Rule 5 of these rules, as follows:

A. First offense, may be fined up to $3,000.

B. Second offense, may be fined up to $4,000.

C. Third or subsequent offense, may be fined up to $5,000. 4.4 The Division will scale any penalties assessed under section 38-12-1105(13), C.R.S., for taking any “retaliatory action(s)” against a home owner, as defined in section 38-12-201.5(12), C.R.S., and further clarified in section 38-12-212.5, C.R.S., and Rule 3.4 of these rules, as follows:

A. First offense, may be fined up to $5,000.

B. Second offense, may be fined up to $7,500.

C. Third or subsequent offense, may be fined up to $10,000. 4.5 The Division will scale any penalties assessed under section 38-12-1105(5), C.R.S., for failing to comply with the requirements of a Notice of Violation as follows:

A. First offense, may be fined up to $3,000, per violation per day.

B. Second offense, may be fined up to $4,000, per violation per day.

C. Third or subsequent offense, may be fined up to $5,000, per violation per day. 4.6 The Division will scale any penalties assessed under section 38-12-1105(3)(c), C.R.S., for failing to timely respond to a subpoena as follows:

A. First offense, may be fined up to $3,000, per violation per day.

B. Second offense, may be fined up to $4,000, per violation per day.

C. Third or subsequent offense, may be fined up to $5,000, per violation per day. 4.7 If the current or former management or landlord violates section 38-12-223, C.R.S., or Rule 10.1 of these rules, related to preservation of and access to tenancy and park sale records, the Division may assess penalties of:

A. First offense, up of to $100 per violation.

B. Second offense, up to $250 per violation.

C. Third offense, up to $500 per violation.

RULE 5. REQUIREMENTS FOR THE NOTICE OF HOME OWNER AND RESIDENT RIGHTS 5.1 Pursuant to section 38-12-1104(2)(c), C.R.S., the management or landlord must post and maintain the Notice of Home Owner and Resident Rights (Notice) described in section 38-12- 1104(2)(a), C.R.S., in a clearly visible and accessible location in every common area of the mobile home park, including on or adjacent to every common resident mailbox location; every rent payment dropbox or other rent payment location; and every community hall, recreation hall, and clubhouse. The management or landlord must post this Notice in a form authorized by the Division within seven (7) calendar days of receiving the Notice from the Division. 5.1.1 If there is no common resident mailbox location, rent payment location, community hall, recreation hall, or clubhouse in the mobile home park, the management or landlord must post and maintain the Notice, in a clearly visible and accessible location, at every location of another type of physical common area in the park. The types of common areas where the management or landlord may post and maintain the Notice include, but are not limited to:

A. Outside every management office;

B. At every park entrance; or C. On or adjacent to the front of every dumpster provided for use by residents. 5.1.2 If there are no physical common areas in the park the same as or similar to those described in Rule 5.1 and 5.1.1 of these rules, the management or landlord may post and maintain the Notice in a clearly visible and accessible location on the mobile home park’s online rent payment portal or other website intended for use by residents. 5.1.3 In addition to complying with Rules 5.1, 5.1.1, and 5.1.2 of these rules, the management or landlord must provide the Notice in an accessible format for any home owner or resident with disabilities (e.g. Braille or audio recording) upon request. These formats are available to the management or landlord from the Division by request. 5.2 In addition to complying with Rules 5.1 and 5.3 of these rules, the management or landlord must provide a copy of the required Notice to each home owner and resident within seven (7) calendar days of receiving the Notice from the Division and on an annual basis, by posting it on the door of every mobile home or mailing it to each home owner and resident at either the address provided in the rental agreement or the most recent mailing address of the home owner or resident on file with the management or landlord. 5.2.1 As an alternative to Rule 5.2, the management or landlord may email a copy of the Notice to a home owner(s) or resident(s), only if the home owner or resident has an email address on file with the management or landlord, and the management or landlord regularly uses that email address for other communications with the home owner or resident, like rent payment or maintenance notices. 5.3 In addition to complying with Rules 5.1 and 5.2 of these rules, the management or landlord must also provide a copy of the required Notice with each new lease executed with a home owner or resident, and to each home owner and resident after a change in park ownership.

RULE 6. MANAGEMENT, LANDLORD, AND HOME OWNER RESPONSIBILITIES

Landlord Maintenance of the Premises 6.1 Trees – Notwithstanding the landlord’s responsibility to maintain trees on the premises under

section 38-12-212.3(2)(b)(IV), C.R.S., a home owner may enter a voluntary, written agreement with their landlord to take on the responsibility for simple trimming that does not affect the safety of park residents or their property of trees located on the lot they are renting from the park, so long as the home owner was not required to assume this responsibility as a condition of tenancy in the mobile home park in violation of section 38-12-212.3(3), C.R.S. 6.2 Fences – Fences located on the “premises” as defined in section 38-12-201.5(8), C.R.S., are presumed to be the responsibility of the landlord pursuant to section 38-12-212.3(2)(b), C.R.S., unless:

A. The home owner built the fence;

B. The current home owner bought the fence from the previous home owner; or C. The home owner agreed in their rental agreement to take on the responsibility for maintaining and repairing the fence and paying the cost thereof in their rental agreement, so long as the home owner was not required to assume this responsibility as a condition of tenancy in the mobile home park in violation of section 38-12-212.3(3), C.R.S. 6.2A Snow Removal – Under section 38-12-212.3(2)(b)(II), C.R.S.: 6.2A.1 The landlord is not responsible for removing snow from driveways, parking pads, pedestrian sidewalks, or other pavements located on a rented mobile home space. 6.2A.2 If a rental agreement or park rule or regulation agreed to in writing by all home owners prohibits all home owners or residents from living in a mobile home park during a specific time period in the winter, the landlord is not responsible for snow removal during the specified time period. 6.2B Under section 38-12-212.3(2)(b)(III), C.R.S., the landlord is responsible for taking reasonably necessary steps to maintain both the integrity of the foundation of each mobile home’s utility pedestal and each mobile home’s pad space in order to prevent structural damage to the mobile home, except in circumstances where the need for such maintenance is caused by a resident's actions. 6.3 Incorporated Codes – Pursuant to section 38-12-212.3(2)(b)(I), C.R.S., the following health and safety laws applicable to mobile home parks are incorporated by reference:

A. 6 CCR 1010-12, Mobile Home Parks, effective January 1, 1975. 6.3.1 Interested parties may inspect the referenced incorporated materials by contacting the Division at MHPOP@state.co.us or 1313 Sherman Street, Denver, CO 80203. 6.3.2 These regulations do not include later amendments to or editions of the incorporated material. 6.3A Pursuant to sections 38-12-212.3(1)(a)(II)-(III), C.R.S., the landlord is responsible for any water lines, utility service lines, and related connections that the landlord owns and provides to a pad space, to a utility pedestal immediately adjacent to the pad space, and to a meter that is connected to the mobile home.

Compliance with Park Rules and Regulations 6.4 Mobile Home Sales and Transfers – If the management provides a written list pursuant to section 38-12-214(2.5)(b), C.R.S., the written list shall include:

A. Any and all items the management knows, or reasonably should have known, would require correction at the time of sale or transfer of the mobile home;

B. A detailed description of each item; and C. A citation to the specific park rule or regulation that applies to each item on the list. Any park rule or regulation cited must be reasonable and enforceable under section 38-12- 214(1)-(4), C.R.S. 6.4A Rule Amendments – Under section 38-12-214(1)(e), C.R.S., if the management is amending one or more park rules and regulations without the written consent of the home owner, the landlord must make reasonable efforts to ensure the written notice of the amended rules remains posted in a common area for at least sixty (60) days. The landlord may, but is not required to, have the amended park rules and regulations posted in a common area for more than sixty (60) days. 6.4B Rules Concerning the Mobile Home, Accessory Buildings or Structures – 6.4B.1 The following park rules and regulations are presumptively unenforceable under sections 38-12-214(2)(b)-(c) and (e), C.R.S.:

A. Rules prohibiting window-mounted cooling devices, including air conditioning units, evaporative coolers, and window fans.

Charges to Home Owners 6.5 Limitations on Charges for Noncompliance – The following rules apply when the management intends to enter a mobile home space to ensure compliance with applicable codes, statutes, ordinances, and administrative rules; the rental agreement; or the rules and regulations of the park pursuant to section 38-12-222(2), C.R.S. 6.5.1 Before entering the mobile home space, the management shall first provide the home owner with a reasonable time to cure the alleged noncompliance and an estimate of the cost if the landlord cures the noncompliance instead (when an estimate is reasonably available and a charge would be permitted by the rental agreement). 6.5.2 If the home owner fails to cure or contest the noncompliance (ex. by communicating with the management or filing a complaint with the Program) within a reasonable amount of time, the management shall make a reasonable effort to notify the home owner of the management’s intention to enter the mobile home space and cure the noncompliance at least seventy-two (72) hours before entry. 6.5.3 All of the following conditions must be met for the management to charge a home owner for the cost of ensuring compliance with applicable codes, statutes, ordinances, and administrative rules; the rental agreement; or the rules and regulations of the park:

A. The potential for a charge must be adequately disclosed in writing in the rental agreement pursuant to section 38-12-213(1)(f), C.R.S.;

B. The amount of the charge or the charge itself cannot be a prohibited “entry fee,” as defined in section 38-12-201.5(1), C.R.S., and prohibited by section 38-12- 209(1), C.R.S.; and C. If the charge is for the cost of ensuring compliance with a rule or regulation of the park, the rule or regulation must be reasonable and enforceable under section 38-12-214(1)-(4), C.R.S. 6.6 Limitations on Pet Deposits – Pursuant to sections 38-12-102(6) and 38-12-103(1), C.R.S.: 6.6.1 The management or landlord cannot charge or collect a nonrefundable pet deposit from a home owner or prospective home owner. 6.6.2 The management or landlord may only charge or collect a refundable pet deposit from a home owner or prospective home owner, if the total combined amount of the security deposit and refundable pet deposit is no greater than one month’s rent. 6.7 Pet Rent Definition – Pursuant to sections 38-12-201.5(1) and 38-12-209(1), C.R.S., any recurring charges to home owners with pets must either be part of the “rent,” as defined in section 38-12-201.5(9), C.R.S., or fall under an exception to the prohibition on “entry fee[s]” under section 38-12-201.5(1)(c) or (e), C.R.S. 6.7.1 If the management or landlord charges or collects pet rent as part of a home owner’s rent, instead of as an exception to the prohibition on entry fees:

A. The amount or application of pet rent must not be discriminatory nor retaliatory in nature; and B. All statutes and rules applicable to rent, including, but not limited to sections 38- 12-213(1)(a) (on rental agreements), 38-12-204(2) (on notice of rent increases), 38-12-204(3) (limiting the frequency of rent increases), and 38-12-204(4)

(prohibiting rent increases or rent increase notices if a landlord is out of compliance), C.R.S., apply to pet rent as part of the tenant’s total rent.

Landlord Notices to Residents 6.8 Lot Entry Notices – 6.8.1 Pursuant to section 38-12-222(3), C.R.S., the management will have delivered advance notice of lot entry “in a manner that is reasonably likely to be seen or heard by the resident in a timely manner” if the management provides notices to a resident by one of the methods below:

A. Text message, if the resident has a telephone number that can receive text messages;

B. Electronic mail, if the resident has provided the landlord with an email address;

C. A documented telephone call, if the management speaks to the resident or leaves a voicemail message for the resident;

D. A documented verbal conversation with resident; or E. Posting a written notice on the main entrance to the resident’s mobile home.

Pursuant to section 38-12-222(3), C.R.S., the management does not need to provide the resident notice before posting a notice under this Rule 6.8.1(E) on the main entrance to the mobile home. 6.8.2 If a resident invites the management onto the resident’s mobile home space on a certain date and approximate time, the management may enter that resident’s space at the date and approximate time they were invited onto the space by the resident, without providing notice pursuant to section 38-12-222(3), C.R.S. 6.8.3 For purposes of meter reading for monthly water, sewer, or utility billing, notice will be sufficient under section 38-12-222(3), C.R.S., if it is provided to residents once every twelve (12) months, at least seventy-two (72) hours before meter reading takes place, and includes a date range and time range for meter reading, provided that:

A. The date range does not exceed five (5) calendar days; and B. The time range does not exceed eight (8) hours on any calendar day. 6.8.4 If the management needs to enter a residents lot to complete a specific maintenance or repair project pursuant to sections 38-12-212.3(1)-(2), C.R.S., or Rules 6.1-6.3 of these rules, that will take more than one day to complete, notice will be sufficient under section 38-12-222(3), C.R.S., if the notice:

A. Is provided to the resident at least seventy-two (72) hours before the maintenance or repair project starts;

B. Includes a description of each stage of work that the management will be entering the resident’s lot to perform; and C. Includes a specific date range and time range for each stage of work. 6.8.5 The management is not required to provide more than one notice of lot entry to a resident for a specific maintenance or repair project pursuant to sections 38-12-212.3(1)-(2), C.R.S., or Rules 6.1-6.3 of these rules, as long as notice has been provided pursuant to

section 38-12-222(3), C.R.S., and Rule 6.8.4 of these rules, and the maintenance or repair project is completed within the date range and time range described in the notice pursuant to Rule 6.8.4(C) of these rules. If the management needs to enter the resident’s lot at a date or time that was not included in a notice pursuant to section 38-12-222(3), C.R.S., or Rule 6.8.4 of these rules, the management must provide a new notice to the resident pursuant section 38-12-222(3), C.R.S. 6.9 Water Service Disruption Notices – Pursuant to section sections 38-12-212.3 (1)(a)(III)(C) and (1)(c), C.R.S., the management must provide a water service disruption notice to each resident by at least one of the following methods:

A. Text message, if the resident has a telephone number that can receive text messages;

B. Electronic mail, if the resident has provided the landlord with an email address;

C. A documented telephone call, if the management speaks to the resident or leaves a voicemail message for the resident;

D. A documented verbal conversation with resident; or E. Posting a written notice on the main entrance to the resident’s mobile home. Pursuant to

section 38-12-222(3), C.R.S., the management does not need to provide the resident notice before posting a notice under this Rule 6.9 on the main entrance to the mobile home.

Home Owner Meetings 6.10 Pursuant to section 38-12-206(2), C.R.S., a “fee” shall not include a fully refundable deposit made by a resident prior to the use of a common building or space in the park. This deposit shall be returned upon completion of the use of a common building or space in the park within thirty (30) calendar days. The deposit shall be returned with an accounting of deductions, if any. Pursuant to

section 38-12-206(2), C.R.S., deductions shall be limited to the reasonable costs of cleaning or repairing actual damages beyond normal wear and tear that were caused by the resident or their guest(s). 6.11 The management, landlord, agent, employee, or authorized representative who attends a home owner or resident meeting requested pursuant to section 38-12-206(3), C.R.S., must be someone who has the authority to make decisions on behalf of the park owner. If the home owner or resident asked to meet with the landlord on a specific topic(s), the landlord shall make a reasonable effort to have someone attend the meeting who has decision-making authority on such topic(s). 6.12 To ensure a meeting hosted by the landlord under section 38-12-206(3), C.R.S., is accessible, the landlord must provide an option for residents to join the meeting remotely by phone or video call if requested by a home owner or resident at least seven (7) days before the scheduled meeting.

Water Service Disruptions 6.13 Under sections 38-12-212.3(1)(a)(III)(C) and (1)(b)(II), C.R.S., a “service disruption” includes, but is not limited to: a water shut off; loss of running water; or drop in water pressure below twenty (20) pounds per square inch, measured at the point of entry to the utility pedestal or pad space. 6.14 For purposes of section 38-12-212.3(1)(b)(II), C.R.S., a “service disruption” ends when the landlord has fixed the issue or issues that led to the service disruption, or in cases where a boil water advisory was issued, when the boil water advisory is lifted.

Running Water 6.15 Under section 38-12-212.3(1)(a)(III)(C), C.R.S., water pressure below 20 pounds per square inch measured at the point of entry to the utility pedestal or pad space is not a reasonable amount of running water. 6.16 If a rental agreement or park rule or regulation agreed to in writing by home owners prohibits all home owners or residents from living in a mobile home park during a specific time period in the winter, sections 38-12-212.3(1)(a)(III)(C) and (1)(b)(II), C.R.S., and Rules 6.13 and 6.14.1 of these rules do not apply during the specified time period.

Potable Water 6.17 As used in section 38-12-212.3(1)(b)(II), C.R.S., “all other essential hygiene” includes, but is not limited to, hand and face washing, brushing teeth, and washing clothes. 6.18 To comply with the requirements in section 38-12-212.3(1)(b)(II), C.R.S., the landlord is responsible for and shall pay the cost of providing:

A. Two (2) gallons of potable water for drinking and cooking for each member of the household, no later than twelve (12) hours after a service disruption begins, and two (2) additional gallons each day until the service disruption ends pursuant to Rule 6.14 of these rules; and B. An additional eight (8) gallons of potable water for bathing and all other essential hygiene for each member of the household, no later than seventy-two (72) hours after a service disruption begins, and eight (8) additional gallons each day until the service disruption ends pursuant to Rule 6.14 of these rules.

i. A resident whose lot has been subject to a water service disruption for more than seventy-two (72) hours can request additional potable water for bathing and all other essential hygiene from the landlord, up to a maximum of twenty (20) total gallons, for each member of the household per day. If requested by such resident, under section 38-12-212.3(1)(b)(II), C.R.S., the landlord is responsible for and shall pay for the cost of providing the additional amount of potable water requested by the resident, up to a maximum of twenty (20) total gallons per day, no later than ninety-six (96) hours after a service disruption begins, and each day until the service disruption ends pursuant to Rule 6.14 of these rules. The maximum of twenty (20) total gallons includes the potable water provided under Rules 6.18(A)-(B) of these rules. 6.19 Under section 38-12-212.3(1)(d), C.R.S., a landlord is only required to provide potable water to the residents and home owners whose lots are subject to the boil water advisory. 6.20 Under section 38-12-212.3(1)(b)(II), C.R.S., “providing alternative sources of potable water” means delivering potable water to residents or otherwise providing potable water in a location or locations, at times, and in a manner that is reasonably accessible to residents.

Portable Toilets 6.21 Under section 38-12-212.3(1)(b)(II), C.R.S., “[m]aintaining portable toilets” means:

A. Providing one portable toilet for every five households affected by the water service disruption; and B. Cleaning the portable toilets regularly. 6.22 A landlord is not required to provide portable toilets for residents or home owners whose lots are not affected by the water service disruption.

RULE 7. WATER USAGE, BILLING, AND LEAKS 7.1 The requirements in section 38-12-212.4(1), C.R.S., apply to all types of water usage, including sewer and storm water usage. 7.2 The management or landlord may change the method of water, sewer, or storm water billing by providing sixty (60) calendar days written notice to the home owners, provided that the new method of billing is reasonable, equitable, and consistent; does not violate any of the provisions in

section 38-12-212.4, C.R.S.; and is not in violation of the home owner’s rental agreement established pursuant to section 38-12-213, C.R.S. 7.3 Only in cases where the management purchases water from a provider and charges home owners for water usage in the park, but the management does not get the master meter charge(s) from the provider until after the management calculates each home owner’s monthly water bill, the management may provide the following information to each home owner to meet the billing disclosure requirements under section 38-12-212.4(2), C.R.S.:

A. The amount owed by the home owner for the current month;

B. The total amount owed by all the residents in the mobile home park for the current month; and C. The total amount paid by the management to the provider for the previous month. 7.4 In the event that any water usage, billing, or payment information required under section 38-12- 212.4(2), C.R.S., and Rule 7.3 of these rules is not available to the management due solely to circumstances beyond the management’s control, the management shall take reasonable steps to comply with section 38-12-212.4(2), C.R.S., and Rule 7.3 of these rules, and to provide accurate disclosures to home owner as soon as reasonably possible and in a manner that meets the intent of section 38-12-212.4, C.R.S.

RULE 8. PARK SALES AND HOME OWNER OPPORTUNITY TO PURCHASE 8.1 Listing – For purposes of section 38-12-217(1)(a)(II)(G), C.R.S., the landlord lists the park for sale when the owner of the mobile home park or their agent, employee, broker, or representative authorized to act on the owner’s behalf offers the property for sale. 8.2 Conversations with Home Owners Allowed – For purposes of section 38-12-217(1)(d), C.R.S., a landlord may answer questions and communicate with home owners about the landlord’s intent to sell the mobile home park or the opportunity to purchase during the initial ninety (90) days after giving notice, provided that the landlord does not take any actions that are prohibited by section 38-12-217(1)(d), C.R.S. 8.3 Contents of Park Sale Notice – Pursuant to section 38-12-217(3), C.R.S., the “price, terms, and conditions” to sell the park include, but are not limited to:

A. Any money or compensation the seller or seller’s agent has paid or intends to pay to the potential buyer or buyer’s agent, including due diligence costs or brokerage fees;

B. Whether or not the seller has signed a conditional contract for the sale of the park with a potential buyer, or intends to do so within the next ninety (90) calendar days;

C. Whether or not the proposed sale includes more than one mobile home park or piece of real estate (for example, is part of a portfolio or bundled sale); and D. For sales that include more than one mobile home park or piece of real estate, like portfolio or bundled sales:

i. The name and property description of any and all other mobile home parks or real estate included in the proposed sale;

ii. The total price, terms, and conditions of an acceptable offer to sell all of the properties located in the state of Colorado; and iii. The price, terms, and conditions of an acceptable offer to sell each of the mobile home parks located in the state of Colorado that are included in the proposed sale. 8.4 Pursuant to sections 38-12-217(9)(b)(I)(B) and (9)(b.5), C.R.S, a material change to the price, terms, or conditions shall mean any increase or decrease to the financial terms of the proposed sale that exceeds ten (10) percent of the financial terms included in the most recent notice required under section 38-12-217(1)(a), C.R.S. 8.5 Evidence of Majority Approval – When providing reasonable evidence of majority home owner approval pursuant to section 38-12-217(4)(c), C.R.S., a group or association of home owners or their assignees may submit a written statement to the landlord that the group, association, or their assignees has written evidence that at least fifty-one percent (51%) of the owners of occupied homes have approved the group, association, or their assignee’s offer to purchase. To be considered reasonable evidence, this written statement must be signed by an attorney, government official, or another mutually acceptable third party, who attests to the truthfulness of the group, association, or their assignees’ claim. 8.6 Calculating Home Owner Majorities – For purposes of calculating the percentages described in sections 38-12-217(1)(c), (4)(c), and (8)(b)(I), C.R.S., percentages are based on the total number of individual home owners in the mobile home park, without consideration for the total number of resident-owned homes or any homes owned by the landlord. 8.7 Affidavits of Compliance – 8.7.1 The affidavits of compliance under sections 38-12-1105.5(1)(b) and (2)(a), C.R.S., indicating that the seller of a mobile home park has paid all penalties and completed all remedial actions order by the Division in a final agency order(s):

A. Are separate and distinct from the affidavit of compliance under section 38-12- 217(11), C.R.S.; and B. Must be filed on a Division-approved form at least fourteen (14) calendar days prior to the sale or other change in control of the park. 8.7.2 Pursuant to section 38-12-217(11), C.R.S., the landlord:

A. Shall not file the affidavit of compliance that provides evidence of compliance with section 38-12-217, C.R.S., before the home owners’ opportunity to purchase terminates or expires pursuant to sections 38-12-217(1)(c) or (6)(a), C.R.S.; and B. Shall file this affidavit of compliance on a Division-approved form within thirty (30) calendar days after the sale or transfer of the park is final. 8.8 Exemption Form – If a park sale or transfer qualifies for an exemption from the notice and opportunity to purchase requirements pursuant to sections 38-12-217(12) and (13), C.R.S., the landlord shall provide evidence of compliance by filing a Division-approved exemption form within thirty (30) calendar days after the closing date of the exempt sale or transfer with:

A. The municipality or, if the park is in an unincorporated area, the county, within which the park is located; and B. The Division of Housing in the Department of Local Affairs. 8.9 Enforcement – The Division may impose a fine on the seller of a mobile home park pursuant

section 38-12-217(15)(b)(I), C.R.S., or file a civil action for injunctive or other relief pursuant to

section 38-12-217(15)(b)(II), C.R.S., where an action accrued or a complaint was filed prior to October 1, 2022. 8.10 Tolling and Assignment – A group or association of home owners or their assignees may exercise their rights under the following subsections of section 38-12-217, C.R.S., regardless of when the landlord provided notice of the landlord’s intent to sell the mobile home park pursuant to section 38-12-217(1)(a), C.R.S. If a triggering event occurred requiring notice under section 38-12- 217(1)(a)(II), C.R.S., but the landlord failed to provide notice as required by section 38-12- 217(2)(a), C.R.S., a group or association of home owners or their assignees may also exercise their rights under the following subsections:

A. Tolling of the time periods described in subsections 38-12-217(4)(a) and (6)(b), C.R.S., pursuant to section 38-12-217(7)(b)(I), C.R.S.; and B. Assignment of their rights to a public entity pursuant to section 38-12-217(8)(b)-(f), C.R.S. 8.11 Pending Complaints, Remedial Actions, or Penalties – 8.11.1 The duties of the landlord under section 38-12-1105.5, C.R.S., apply regardless of when the landlord provided notice of the landlord’s intent to sell the mobile home park pursuant to section 38-12-217(1)(a), C.R.S. 8.12 Parks with No Home Owners – 8.12.1 If a landlord intends to sell a mobile home park in which there are no home owners as defined in section 38-12-201.5(2), C.R.S., and Rule 1.2 of these rules, the landlord must:

A. Provide notice of the landlord’s intent to sell the park pursuant to section 38-12- 217(2), C.R.S., to all non-home owner parties and by the methods described in

section 38-12-217(2), C.R.S., and B. File an affidavit of compliance pursuant to section 38-12-217(11), C.R.S., and

Rule 8.7.2 of these rules. 8.12.2 The landlord of a mobile home park in which there are no home owners as defined in

section 38-12-201.5(2), C.R.S., and Rule 1.2 of these rules, is not required to wait one hundred and twenty (120) days under sections 38-12-217(6), (9) or (10), C.R.S., before making a final, unconditional acceptance of any offer for the sale or transfer of the park.

RULE 9. PARK CHANGES IN USE AND HOME OWNER REMEDIES 9.1 Requests for Relocation Costs – Pursuant to section 38-12-203.5(2)(a), C.R.S., a home owner(s) must submit their written demand to the landlord for the landlord to provide relocation costs to the home owner(s) at least thirty (30) days before the date of the change in use set forth in the notice required by section 38-12-203(1)(d)(II), C.R.S. 9.2 Requests for Fixed Sale Price – Pursuant to section 38-12-203.5(2)(b), C.R.S., a home owner(s) may, at the home owner’s or home owners’ choosing, submit a written demand to the landlord for the landlord to make a binding offer to purchase their mobile home for the amount specified in sections 38-12-203.5(2)(b)(I) and (4), C.R.S., without going through the appraisal process set forth in section 38-12-203.5(2)(b)(II), C.R.S. To exercise this option, the home owner(s) must:

A. Clearly state in their written demand to the landlord pursuant to section 38-12-203.5(2), C.R.S., that the home owner(s) is choosing to receive the amount specified in sections 38-12-203.5(2)(b)(I) and (4), C.R.S., without going through the appraisal process; and B. Submit their written demand to the landlord at least thirty (30) days before the date of the change in use set forth in the notice required by section 38-12-203(1)(d)(II), C.R.S. 9.3 Requests for Appraisal – Pursuant to section 38-12-203.5(2)(b), C.R.S., a home owner(s) must submit their written demand to the landlord for the landlord to submit a binding offer to purchase their mobile home at least one hundred and fifty (150) days before the date of the change in use set forth in the notice required by section 38-12-203(1)(d)(II), C.R.S. 9.3.1 The one hundred and fifty (150) day deadline in this Rule 9.3 does not apply if the home owner(s) chooses not to go through the appraisal process, pursuant to Rule 9.2 of these rules. 9.4 Contents of Notice – Pursuant to section 38-12-203(1)(d)(II), C.R.S., the written notice of the landlord’s intent to change the use of the land and evict the home owner(s) must advise the home owner(s) of the deadlines described in Rules 9.1-9.3 of these rules to demand each remedy under in section 38-12-203.5(2), C.R.S.

RULE 10. TENANCY AND PARK SALE RECORDS 10.1 Pursuant to section 38-12-223(1) and (5), C.R.S., the following rules apply when a resident requests copies of their tenancy records from the landlord: 10.1.1 At mobile home parks where there is an on-site management office, the management must allow residents to view any or all of their own tenancy records by appointment during normal business hours. 10.1.2 Upon the request of a resident, the management must provide one copy of the resident’s tenancy records as described in section 38-12-223(1), C.R.S., at no charge once every twelve (12) months.

A. The management may not charge a fee for delivering, mailing, or e-mailing the documents requested under this Rule 10.1.2.

B. The management must provide the resident all of the available records requested pursuant to this Rule 10.1.2 within ten (10) calendar days after the resident submits the request to the management. 10.1.3 If a resident requests more than one copy of their tenancy records, or requests a single copy of their tenancy records more than once in any twelve-month period, the management may charge the resident a reasonable fee to cover the actual costs of compiling, printing, redacting, and sharing the records.

A. Before charging a resident under this Rule 10.1.3, the management will provide an invoice to the resident, and obtain the resident’s written consent to move forward with the charge.

B. The management must provide the resident all of the available records requested pursuant to this Rule 10.1.3 within ten (10) calendar days after the resident pays the amount invoiced under Rule 10.1.3(A) of these rules. 10.1.4 A resident may request copies of documents that are part of their tenancy records in person, in writing, by telephone, by text message, or by electronic mail. 10.1.5 In lieu of paper copies, a resident may request that the management send the responsive documents to the resident by electronic mail. 10.1.6 Upon the request of a resident, the management must provide the resident with detailed documentation of the resident’s monthly charges and payments over the last twelve (12) months of tenancy. The management must provide the first copy requested in a twelve (12) monthly period to the resident at no charge pursuant to Rule 10.1.2 of these rules.

The management may charge the resident for the second or subsequent copy in a twelve (12) month period pursuant to Rule 10.1.3 of these rules.

RULE 11. PETITIONS FOR DECLARATORY ORDERS CONCERNING THE MOBILE HOME

PARK ACT AND DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM 11.1 Pursuant to section 24-4-105(11), C.R.S., any person may petition the Department of Local Affairs, Division of Housing for a declaratory order to terminate controversies or remove uncertainties as to the applicability to the petitioner of any provision of the Act (Title 38, Article 12,

Part 2, C.R.S.), Program (Title 38, Article 12, Part 11, C.R.S.), or rules (8 CCR 1302-15). 11.1.1 The parties to any petition for a declaratory order pursuant to this regulation shall be the petitioner and the Division. 11.2 Each petition for a declaratory order shall set forth the following:

A. The first and last name, mailing address, phone number, and email address (if any) of the petitioner;

B. Whether the petitioner is the management or landlord of a mobile home park pursuant to

section 38-12-201.5(3), C.R.S., and if yes, the registration number for the mobile home park issued by the Division pursuant to section 38-12-1106(10), C.R.S.;

C. Whether the petitioner is a resident of a mobile home park pursuant to section 38-12- 201.5(11), C.R.S., and if yes, whether the petitioner is also a home owner pursuant to

section 38-12-201.5(2), C.R.S.;

D. The statute or rule to which the petition relates;

E. A concise statement of all of the facts necessary to show the nature of the controversy or the uncertainty as to the applicability to the petitioner of the statute or rule to which the petition relates;

F. A concise statement of the legal authorities, if any, and such other reasons upon which petitioner relies; and G. A concise statement of the declaratory order sought by the petitioner. 11.3 A petition for a declaratory order shall be served on the Division by emailing and mailing such petition to the Mobile Home Park Oversight Program (MHPOP). Each petition for a declaratory order shall contain a certification that the service requirements of this paragraph have been met. 11.4 The Division Director or their designee will determine, in their sole discretion without prior notice to the petitioner, whether to entertain any petition. If the Division Director or designee decides not to entertain a petition, the Division will notify the petitioner in writing of its decision and the reasons for that decision. Any of the following grounds may be sufficient reason to refuse to entertain a petition, including, but not limited to:

A. A ruling on the petition will not terminate the controversy nor remove uncertainties concerning the applicability to petitioner of the statute or rule in question;

B. The petition involves a subject, question, or issue which is involved in a written complaint previously filed with MHPOP, an on-going investigation being conducted by MHPOP, or a pending hearing before the Office of Administrative Courts;

C. The petition seeks a ruling on a moot or hypothetical question, having no applicability to the petitioner; or D. Petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Colorado Rule of Civil Procedure 57, which will terminate the controversy or remove any uncertainty concerning applicability of the statute or rule. 11.5 If the Division Director or designee determines that they will entertain the petition for declaratory order, the Division shall promptly so notify all parties involved, and the following procedures shall apply: 11.5.1 The Division Director or designee may issue a declaratory order on the basis of the facts and legal authority presented in the petition, or request the petitioner submit additional evidence and legal argument in writing. 11.5.2 In ruling on a petition for declaratory order, the Division may take administrative notice of general, technical, or scientific facts within the Division’s knowledge. 11.5.3 The Division Director or designee may dispose of the petition without conducting an evidentiary or other hearing. If the Division does so, any ruling will apply only to the extent of the facts presented in the petition and any amendment to the petition. 11.5.4 The Division may consolidate for determination petitions raising similar issues of fact or law. 11.5.5 Every declaratory order shall be decided and issued in writing, specifying the basis in fact and law for the order. 11.5.6 A declaratory order shall constitute agency action subject to judicial review pursuant to

section 24-4-106, C.R.S. 11.6 Record Retention and Reliability – Files of all requests and declaratory orders will be maintained and relied upon by the Division for a period of five (5) years, unless the declaratory order is superseded by a statutory or regulatory change, or amended or reversed by a court of law.

Except with respect to any material required by law to be kept confidential, such files shall be available for public inspection. ___________________________________________________________________________________ Adopted on November 8, 2019, to implement House Bill 19-1309 effective December 30, 2019.

The following changes were adopted on October 11, 2021 and are effective November 30, 2021:

• Created: Rules 1.1(A)-(C), 3.9 – 3.9.1(C), 3.13(A)-(B), 6.5 – 6.5.2, 6.6 – 6.6.1(B), 8.1 – 8.1.3(B), 8.2, 8.4 – 8.9(G)

• Amended: Rule 2.7 • Renumbered: Rules 1.1 – 1.7, 3.1 – 3.10, 8.1 • Relocated: Rule 3.3.1 (now Rule 1.8)

The following changes were adopted on March 11, 2020 and are effective April 30, 2020:

• Created: Rules 1.3, 2.5.1(A)-(B), 3.3.2, 3.7, 3.8, 5.1.1- 5.1.2, 5.2.1, 5.4, 6.2 • Amended: Rules 1.4(I)-(J), 2.1, 2.2, 2.5.1, 3.2, 3.3, 3.3.1, 3.3.3, 4, 4.1-4.4 (restated statute), 5.1, 5.2, 5.3, 6.1 • Renumbered: Rules 1.4, 2.1- 2.5, 3.6, 5.1.3, 6.1 • Deleted: Rules 2.1 (restated statute)

The following changes were adopted on October 11, 2020 and are effective November 30, 2020:

• Created: Rules 1.2(A); 1.4; 1.5; 1.6; 1.7; 2.2(B)-(D) and (I)-(N); 2.3; 2.4; 3.1.1; 3.3.2(A)-(B); 3.5;

3.10-3.10.4; 4.1(E); 6.3; 6.4; 7.1; 7.2; 7.3; 7.4; 8.1

• Amended: Rules 1.1; 1.2 and 1.2(B) (updated statutory cite); 1.3 and 1.3.1 (updated statutory cite); 2.1.1; 2.2(A) and (F); 2.6; 2.7-2.7.1(A); 3.1; 3.8; 4.1; 4.1(A)-(D) and (F); 4.3; 4.4 (updated statutory cite); 5.1-5.1.3; 5.2-5.2.1; 5.3; 5.4-5.4.1; 6.1; 6.2 and 6.2(C) (updated statutory cite)

• Renumbered: Rules 2.2(A), (E) and (G)-(H); 2.5; 3.3-3.3.2; 3.6; 3.7; 3.9; 4.2; 4.5 • Deleted: Rules 1.2 (added to statute); 2.2(A); 3.3 (added to statute); 3.3.2 (added to statute) _________________________________________________________________________ Editor’s Notes

History New rule eff. 12/30/2019.

Entire rule eff. 04/30/2020.

Entire rule eff. 11/30/2020.

Rules 1, 2.7, 3, 4.4, 6, 8 eff. 11/30/2021.

Rules Scope and Purpose, 8.10, 8.11 emer. rules eff. 10/01/2022.

Entire rule eff. 11/30/2022.

Rules Scope and Purpose, 1.4, 1.7, 3.5, 3.5.4, 6.5.2, 6.8.3, 6.8.4 A, 8.4, 10.1.2 B, 10.1.3 B emer. rules eff. 06/17/2024.

Entire rule eff. 10/15/2024.

Rules 2.7, 8.7.1 eff. 10/30/2025.

8 CCR 1302-16 Housing Investment Trust Fund Income Limits and Definition of a Single Person as an Eligible Entity for Assistance {#sec-8-ccr-1302-16 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-16}

DEPARTMENT OF LOCAL AFFAIRS

Division of Housing HOUSING INVESTMENT TRUST FUND INCOME LIMITS AND DEFINITION OF A SINGLE PERSON AS AN ELIGIBLE ENTITY FOR ASSISTANCE 8 CCR 1302-16 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________

Rule 1. Income limits for Housing Investment Trust Fund Low-income families are those with incomes at or below 80% of median household income for specific geographical areas and household size as published in the HUD Multifamily Tax Subsidy Income Limits.

Moderate income families are those with incomes at or below 120% of the median household income for specific geographical areas and household size as published in the HUD Multifamily Tax Subsidy Income Limits.

Rule 2. Definition of a single person as an eligible entity for housing created with assistance from the housing investment trust fund.

A single person is eligible for housing created with assistance under the housing investment trust fund when such person’s income, added to the income(s) of any persons residing at the same address, do not, in total, exceed the income limits established for the housing investment trust fund. _________________________________________________________________________ Editor’s Notes

History New rule eff. 09/30/2020.

1304 Division of Property Taxation

8 CCR 1304-1 RULES AND REGULATIONS GOVERNING PERSONAL PROPERTY DEDUCTION, VALUATION AND DEPRECIATION OF MOBILE HOMES [Repealed eff. 12/30/2016] {#sec-8-ccr-1304-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1304-1}

DEPARTMENT OF LOCAL AFFAIRS

Division of Property Taxation RULES AND REGULATIONS GOVERNING PERSONAL PROPERTY DEDUCTION, VALUATION AND DEPRECIATION OF MOBILE HOMES - Repealed eff. 12/30/2016 8 CCR 1304-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 12/30/2016.

8 CCR 1304-2 Rules and Regulations for Exempt Properties {#sec-8-ccr-1304-2 omnilex-key=us-co-regs-official--department-12--8 CCR 1304-2}

Department of Local Affairs RULES AND REGULATIONS FOR EXEMPT PROPERTIES 8 CCR 1304-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.]

These rules are promulgated under the authority of 39-2-117 (7), C.R.S. The Property Tax Administrator has the authority to administer laws regarding property taxation under

Article X, Section 15 (2) of the Colorado Constitution.

The purpose of these rules is to set forth the procedures and guidelines used by the division of property taxation in determining eligibility for exemption from ad valorem taxation for property owned and used solely and exclusively for religious purposes, schools, and strictly charitable purposes as provided in 39-3-106 to 39-3-116 and 39-3- 127.7, C.R.S.

For review of these rules and regulations, it is suggested that you read the General Procedures section, and scroll down to the section(s) dealing with the specific statute under which you are applying. If the property is used by anyone other than the owner, it is also recommended that Section V be read.

I. GENERAL PROCEDURES

The following rules apply to all organizations, properties, and categories of exemption, unless otherwise stated.

A. DEFINITIONS

“Administrator” - As defined in Title 39, Article 1, Colorado Revised Statutes.
“Agent” means one who is authorized to act for another. For the purposes of these rules, the agent is the person authorized by the owner to handle questions regarding the application for exemption, any annual reports, or any other related questions.
“Annual assessment date” - As defined in Title 39, Article 1, Colorado Revised 4. “Annual Report” means the annual exempt property report issued by the division of property taxation to be completed and filed with the correct fee by the exempt property owner for the purpose of determining if exemption from general property taxation can be maintained.
“Applicant” means an owner that has formally requested an exemption from general property taxation on a form prescribed and furnished by the administrator, and that request is still pending final resolution.
“Application” means the form provided by the division of property taxation which must be completed and filed with the proper fee by the owner in order to apply for exemption from general property taxation.
“Burden of proof” means the obligation of a party to establish by a preponderance of the evidence the matter asserted.
“Date of filing of annual report” means the date authenticated by the United States Postal Service according to 39-1-120, C.R.S., or, if the annual report is sent to or filed at an office other than the division of property taxation and no such authentication date is present, it shall be recorded as filed on the date that it is date-stamped by the division of property taxation. For reports filed electronically, the date of filing shall be as determined by 24-71.3-115, C.R.S.
“Date the owner acquired such property” means the date in which legal or equitable title vested in the owner as evidenced by a deed, bill of sale, contract for sale or any other documentation of conveyance. An option contract must be irrevocably exercised to serve as sufficient evidence of title.
“Determination” means the official document issued by the division of property taxation, and signed by the administrator, which states the official and final findings in determining the status of the property considered for exemption by the division of property taxation.
“Division” - As defined in Title 39, Article 2, Colorado Revised Statutes.
"Exempt property owner" means the owner of property that has formally been granted an exemption from general property taxation by the division of property taxation under 39-3-106 through 39-3-116 and 39-3-127.7, C.R.S., and has maintained such exemption pursuant to 39-2-117, C.R.S.
“Exempt property report” means annual report as defined in these regulations.
“Forfeiture of any right to claim exemption” means that the owner failed to meet the annual statutory filing requirements set forth in 39-2-117, C.R.S., and that the division is required to notify the county assessor to return the property to the tax roll for the year in question. The owner may seek exemption of such property for that tax year by following the application procedures of 39-2-117(1)(a), C.R.S., for initial exemption of property, subject to the limitations set out in Rule I. B. 33, or by petitioning the State Board of Equalization for a waiver of the filing deadline pursuant to 39-9-109, C.R.S.
“General taxation” means the requisite property taxes for all purposes required by law that are generally assessed, but does not include any type of special assessment levied against a specific owner.
“Improvements” - As defined in Title 39, Article 1, Colorado Revised Statutes.
“Legal description” means a description which unquestionably and uniquely identifies the property, as found on the assessment record or deed of title. The description may be abbreviated but must be sufficient to identify the property.
“Notice of Revocation” means the official document issued by the division of property taxation, and signed by the administrator, which states the official and final findings in revoking the exempt status of property previously considered exempt by the division of property taxation.
“Perjury in the second degree” - As defined in the Colorado Criminal Code.
“Person” - As defined in Title 39, Article 1, Colorado Revised Statutes.
“Personal property” - As defined in Title 39, Article 1, Colorado Revised Statutes.
“Property” - As defined in Title 39, Article 1, Colorado Revised Statutes.
“Real property” - As defined in Title 39, Article 1, Colorado Revised Statutes.
“Tax area” means a geographic location where a specified group of taxing entities creates a uniform tax rate.
“Tentative Determination” means the official document issued by the division of property taxation, and signed by the administrator, which states the initial findings in determining the status of the property considered for exemption by the division of property taxation. The applicant may question a tentative determination in a public hearing pursuant to 39-2-117 (5), C.R.S. before the issuance of a final determination.
“Tentative Revocation” means the official document issued by the division of property taxation, and signed by the administrator, which states the initial findings in determining the change in status of property originally considered exempt by the division of property taxation. The applicant may question a tentative revocation in a public hearing pursuant to 39-2-117 (5), C.R.S. before the issuance of a final revocation.
“User” means the person, as defined in Rule I.A.20., primarily responsible for the content of the activity for which that portion of the property is being used. Any person in attendance at that use is not a “user”, but is merely a participant.
“Year in which application is made” means the year authenticated by the United States Postal Service according to 39-1-120, C.R.S., or if no such record is present, the date that is date-stamped on the application by either the assessor or division of property taxation.

B. GENERAL PROVISIONS

The owner has the burden of proof to establish a right to an exemption.
Only the owner of the property or an agent of an owner, as defined in rule I.A.2., may apply for exemption. For the purposes of 39-3-112.5, C.R.S., a nonprofit organization leasing property from the United States in order to house single individuals or families who are homeless will be considered an agent of the United States.
An application for initial exemption is one in which the owner seeks to have a currently taxable property declared exempt. If property which had been exempt is currently taxable because of:

(a) change of ownership;

(b) forfeiture of exemption not otherwise remedied by petition to the State Board of Equalization pursuant to 39-9-109, C.R.S.;

(d) transfer of title to a parent or subordinate organization;

(e) a period of disuse; or (f) any other reason; an initial exemption must be sought for that taxable portion.

When a property is partially exempt, and the owner is seeking exemption for the taxable portion, the owner must file an application for initial exemption. 3.1. Refunds on application fees will not be made after that application has been assigned to a Division of Property Taxation examiner for review.

Except as stated in Rule IV.K.9, a separate application, and separate filing fee, must be filed for each parcel of real property. A parcel of real property is limited to either the assessor's legal description or the parcel identification number. 4.1. Property acquired by the surviving corporation as the result of the merger of two or more corporations shall be subject to all application requirements. The surviving corporation would not be required to file new applications for properties held in the name of, and exempted to, the surviving corporation directly prior to the merger.
When an owner applies for more than one parcel of real property on a single application contrary to Rule I.B.4., the division will:

(a) designate the parcel which will be considered under that application;

(b) notify the owner of the need for additional applications and filing fees to cover the remainder of the property; and (c) notify the owner of possible consolidation of parcels.

For applications filed after June 1 of each year, the applicant is responsible for notifying the county treasurer in writing of the pending application to prevent the property from being sold at the tax sale.
An application is pending when the form, provided by the division of property taxation, needed to apply for exemption has been completed and filed together with the proper fee by the owner. When an application is pending, taxes for the time period beginning January 1 of the year prior to the year the application was filed, during ownership by the applicant, are not due and payable until a final determination has been issued by the division of property taxation. Such property shall not be listed for the tax sale, and no penalty interest will be charged on any portion of the exemption which is denied. Any taxes due on any valuation assessed prior to the year preceding the year of application are still payable as the property is not eligible for exemption for that time period.
If any real property lies in more than one county, and the owner seeks exemption for the entire property, the owner must file a separate application for the portion of the property located in each county.
A single application may cover personal property in more than one location within a given tax area. Multiple locations for personal property in a given tax area may also be covered by a single annual report.
When an application is filed seeking exemption under one statute, and the property does not qualify under that statute, the division will consider whether said property qualifies for exemption under a different statute. The particular requirements for exemption under each statute will be applied independently.
If, upon review of an application, the administrator determines the property does not qualify for exemption, the administrator shall send to the owner of said property, by certified mail, a tentative determination, notifying the owner that the property does not qualify for exemption. The administrator shall also advise the owner of the right to a public hearing and other appeal rights.
During a public hearing, the examiner will explain the facts gathered, the reason for recommending denial, and an explanation of the changes needed. The owner will then be allowed to provide documents, witnesses or any other information as to why the owner feels the tentative determination/revocation is incorrect.

One week prior to the hearing, the owner must provide three copies of all written documents presented. 16.When subsequent to a public hearing held in compliance with C.R.S. 39-2-117 (5) an applicant makes all changes necessary in order to comply with a statute, exemption shall be granted effective as of the date all of the changes were made.

Should the evidence produced at the hearing show that no changes need be made, the effective date of any exemption granted shall be determined as is consistent with the law and these rules. 18.Upon receiving evidence from the County Assessor that multiple parcels have been consolidated into one parcel with a unique parcel identification number and/or legal description, the division will thereafter treat the consolidated parcel as a single parcel of property.

Any parcels consolidated by the county assessor may be considered on a single application if the owner notifies the division on the application that he intends to consolidate parcels and evidence of consolidation is presented to the division prior to the issuance of a determination on the application.

Multiple parcels may be considered as a single parcel if the county assessor would consolidate them but for a difference in taxable status. 19.Any owner of exempt personal property must notify the administrator within fortyfive days when any such property is moved.

(a)When the property is moved within the county, the administrator will notify that county.

(b)When the exempt property is moved from one county to another and the new location of the property is not exempt, the administrator shall review the exemption to the appropriate extent and issue a new determination based on whether the personal property continues to be owned and used for exempt purposes. A new application for initial exemption need not be filed.

(c)When exempt property is moved from one exempt location to another exempt location, it need only be indicated on the subsequent annual reports.

When the owner fails to notify the administrator within the prescribed time limit, the administrator may require the owner to file a new application for the property to be exempt. 20.Any owner of exempt personal property that will begin operating in an additional location, must file a new application for exemption for the property at that new location. Should the exemption be granted, the owner may request that the division consolidate this exemption with other exemptions in the same tax area for annual reporting purposes. 24.Unless otherwise indicated by a preponderance of the evidence, when a portion of a building is exempted and a portion remains taxable, the land under said building will be exempt and taxable in the same proportion as the building. 25.If, upon review of the annual report, the administrator determines the property no longer qualifies for exemption, the administrator shall send to the owner of said property, by certified mail, a tentative revocation, notifying the owner that the property no longer qualifies for exemption. The administrator shall also advise the owner of the right to a public hearing and other appeal rights. 27.Calculating Adjusted Hours - Total number of hours during the previous calendar year for which property was used for purposes other than the purposes specified in 39-3-106 to 39-3-113.5 and 39-3-127.7, C.R.S., may be adjusted for partial usage. This adjustment may be made for calculations dealing with 39-3-106.5, C.R.S. and 39-2- 117(1)(b)(II), 3(a)(1), and 3(b)(II), C.R.S.

An applicant or an exempt property owner may adjust the hours used for partial use by applying the following formula: 퐻퐻퐻퐻퐻퐻퐻퐻퐻퐻 퐻퐻표표 퐻퐻퐻퐻푢푢 푥푥 퐻퐻푠푠퐻퐻푠푠퐻퐻푢푢 표표퐻퐻퐻퐻푓푓푠푠푓푓푢푢 퐻퐻퐻퐻푢푢푢푢 푇푇퐻퐻푓푓푠푠푇푇 퐻퐻푠푠퐻퐻푠푠퐻퐻푢푢 표표퐻퐻퐻퐻푓푓푠푠푓푓푢푢 = Adjusted hours If different areas of space are used by outside users, compute the adjusted hours for each different area used and add the adjusted hours together:

( 퐻퐻퐻퐻퐻퐻퐻퐻퐻퐻 퐻퐻표표 퐻퐻퐻퐻푢푢 푖푖 푖푖 퐴퐴 푢푢푠푠 퐴퐴 푥푥 푆푆푠푠퐻퐻 푠푠퐻퐻푢푢 표표퐻퐻 푓푓푠푠푓푓푢푢 퐻퐻표표 퐴퐴 ) 푇푇 퐻퐻푓푓 푠푠 푇푇 퐻퐻푠푠퐻퐻푠푠퐻퐻 푢푢 표표퐻퐻 푓푓푠푠푓푓푢푢 퐻퐻표표 푏푏퐻퐻푖푖푇푇푢푢 푖푖푖푖푓푓 = Adjusted hours for Area A Repeat this for areas B, C, D, etc. and total the adjusted hours.

Exclusive use of an area by a user must be considered as twenty-four hours of use for each day that the property is so occupied.

Proportional exemptions for properties reviewed annually under 39-3-109 and 39-3-112 and 39-3-127.7, C.R.S. will be figured to two decimal places. All other proportional exemptions will be rounded to the nearest whole percent, with results that come to .5 of a percent or higher being rounded to the higher number.
Without some qualifying use of a given property, the use of income from that property for religious purposes, schools or strictly charitable purposes is not sufficient to support an exemption. Should there be both qualifying use and income generating non-qualifying use of a given property, the provisions of 39-3- 116, 39-3-106.5, and 39-3-108 (3)(a), C.R.S., along with related rules, will be applied.
Not for profit organizations organized for the exclusive purpose of holding title to property, collecting income therefrom, and turning over the entire amount thereof, less expenses, to an organization that claims to operate for religious purposes, strictly charitable purposes, or as a school, shall be treated as though they were the group for which they hold title. Transfer of title to a title holding organization from an exempt organization shall be considered a change in ownership for the purposes of Rule I. B. 3.
For the purposes of 39-3-106.5, C.R.S. a “property” will consist of any single parcel of real property as indicated in the records of the county assessor or considered as a single parcel under Rule I. B. 18.; or any amount of personal property located in a single tax area.
An owner of exempt property who has failed to file an annual report as required in §39-2-117(3), C.R.S., by the April 15 deadline may request a waiver of all or

part of the late filing fee. Such request shall be in writing and shall include an explanation for the failure to file the report in a timely manner.

If good cause is shown for the failure to timely file the annual report, the Administrator, in her sole discretion, may waive all or a portion of the late filing fee.

In determining whether good cause is shown, the Administrator may consider all relevant factors, including, but not limited to:

(a) Whether the party acted in the manner that a reasonably prudent individual would have acted under the same or similar circumstances;

(b) Whether the failure to file on time resulted from circumstances that would cause a reasonably careful person to neglect a duty;

(d) Whether there were factors outside the control of the party that prevented timely action or interfered with the opportunity to act, and;

(e) Whether the party was physically unable to act.

It is the responsibility of the owner to obtain the annual report form. If the form is not received by March 15 the owner should contact the Division to request any necessary duplicate forms.

Good cause cannot be established by a party’s failure to keep the Division directly informed of the party’s current mailing address. 32.1 The Administrator shall set any increase or decrease in fees in increments of five dollars according to inflation or deflation, to take effect on July 1 after the increase or decrease in fees has been set. Such increase or decrease in fees shall be produced on forms, instructions and other communications distributed to the public. Any changes in fees shall take effect for forms sent on or after the July 1 in which the change in fees has been enacted.

The increase or decrease in fees shall be based on various economic indicators as provided by the United States Bureau of Labor Statistics including, but not limited to, the consumer price index. In determining whether an increase or decrease in fees shall be warranted, economic figures will be compared against July 2024 as the base year.

(a) Effective July 1, 2026, pursuant to subsection (1)(a)(I) of C.R.S. 39-2-117, applications claiming initial exemption of real and personal property from general taxation must be accompanied by a fee of two hundred five dollars.

Pursuant to subsection (3)(a)(I) of C.R.S. 39-2-117, annual exempt property reports must be accompanied by a fee of one hundred fifteen dollars if timely filed by April 15. Annual reports filed after April 15 but prior to July 1 must be accompanied by a fee of three hundred ten dollars.

An exemption shall be effective when all requirements are met but in no case shall an exemption be effective prior to January 1 of the year preceding the year in which application was made.

For an application for exemption on property that had been exempt but for which the exemption was lost due to the failure to file the annual report required by C.R.S. 39-2-117(3), the exemption will be effective no earlier than the date upon which the application was filed.

This rule shall not be construed to limit a property owner’s remedies under C.R.S. 39-9-109, or any other statute.

II. RELIGIOUS PURPOSES

The following rules apply to all organizations/properties exempted/applying for exemption as owned and used for religious purposes.

A. DEFINITIONS

“Declaration” means a written document embodying or displaying a positive, explicit, or formal statement.
“Gross rental income”, for the purposes of 39-3-106.5 (1) and (1.5), 39-2-117 (1)(b)(II), and 39-2-117 (3)(b)(II)(A), C.R.S., means any and all income received by the owner for the use of the property from persons whose activities:

(a) do not fall within the religious mission of the owner and are not for religious purposes, strictly charitable purposes, or schools; or (b) are for strictly charitable purposes or schools but the agreement between the owner and the user does not meet the requirements of 39-3-116 (2)(c), C.R.S.

“Religious mission” means a ministry commissioned by a church or some other religious organization for the purpose of propagating its faith or carrying on humanitarian work.

B. GENERAL PROVISIONS

The declaration must include the owner's religious mission and purposes and a list of all uses of the property which are in furtherance of the owner's religious mission. When filing an application, that list shall include the name of each user, as defined in Rule I.A.27., including the owner, and a brief description of the use(s) by each user during the previous twelve months or that portion of the twelve-month period for which such property was owned by the owner making application.

When filing a declaration with an annual report, that list shall include the name of each user, as defined in Rule I.A.27., including the owner, and a brief description of the use(s) by each user during the previous calendar year, or that portion of the previous calendar year for which such property was owned by the owner filing the annual report.

Owners of property exempt as owned and used for religious purposes under 39- 3- 106, C.R.S., who allow their property to be used by another entity to further the religious mission of the owner or of another religious organization, are not limited to receiving one dollar per year plus an equitable portion of the reasonable expenses from those users.

When such property, exempt under 39-3-106, C.R.S., is used by other entities for schools or for strictly charitable purposes, the owner is limited to receiving one dollar per year plus an equitable portion of reasonable expenses.

“Complete list of all uses of the property other than by the owner thereof” shall include the name of each user and a brief description of the use(s) by each user during the previous calendar year. This list should not include those uses which are claimed to be part of the owner's religious mission.

This list shall be divided into two sections. The first section shall include the names and a brief description of each type of use by those users who operate for strictly charitable purposes, for religious purposes that are not part of the owner's religious mission, or as schools.

The second section shall include the names and a brief descriptions of each type of use by those users who do not operate for religious purposes, strictly charitable purposes, or as schools.

In determining whether a user can be included as operating for religious purposes, strictly charitable purposes, or as a school, the religious organization shall consider whether that user meets the criteria for exemptions set out in 39-3- 106 to 113.5, C.R.S. and these rules, and whether any agreement between the owner and the user meets the tests set out in 39-3-116, C.R.S. and Rule II. B. 2.
Any use for private gain or corporate profit cannot be considered as a qualifying

part of an owner's religious mission nor as meeting the test for qualifying use in 39-3-116 (2)(b), C.R.S. All such uses must be included as non-qualifying uses for the purpose of computing incidental use under 39-3-106.5 (1) or (1.5), C.R.S.

Calculating Adjusted Hours - See Rule I.B.27.
An owner need only account for income from unrelated trades or businesses that are not owned and used for religious purposes, strictly charitable purposes, or as a school when figuring gross income from unrelated trades or businesses for the purposes of 39-3-106.5 (1)(b)(I) or (1.5)(b)(I), C.R.S.
An organization exempted under the provisions of 39-3-106 and/or 39-3-106.5 (1) or (1.5), C.R.S., may not file an annual report until all previously due annual reports are filed with the appropriate fee.

An annual report which is not filed with the appropriate fee by July 1, of the year following its issue, shall operate as the forfeiture of any right to claim exemption of previously exempt property from general taxation for the year in which failure to file such annual report first occurred and shall preclude the filing of any annual report for subsequent years.

A separate annual report must be filed for each year in which the owner wishes to maintain an exemption.

For properties that are claimed to be owned and used for religious purposes, the Administrator will consider the property to be sufficiently used for religious purposes when either:

(a) The owner can demonstrate sufficient actual, physical use of the subject property for religious purposes, or;

(b) The owner can demonstrate that the property has been physically used at least once during each twelve month period, or any lesser time period if the applicant has not owned the property for the entire twelve month period, and can document sufficient continuing indicators of intent for the remainder of that year or portion thereof.

When an applicant has not shown sufficient actual, physical use of a property to satisfy Rule II. B. 11(a), the Administrator will also consider “indicators of intent”.

“Indicators of intent” are the owner's off-site activities which establish its specific intent to further use the subject property for religious purposes.

Indicators of intent will be determined by asking questions which include, but are not limited to:

(a) How was the property acquired?

(b) How long has this organization owned the property?

(c) Has the owner been actively involved in dealing with local government bodies in the pursuit of planning, zoning or other permit issues?

(d) Has the owner set up a special fund to finance the project, and is it actively soliciting money for that fund?

(e) Has the owner been working with financial institutions and/or working on the sale of bonds?

(f) Has the owner set up a committee or other structure to plan and implement the plan of the use of the property, and is the committee actively dealing with that issue?

(g) Is the owner actively seeking any necessary clearances from denominational or synodical bodies?

(h) Has the owner employed architects or contractors in preparation for actual construction work on the property?

(i) Have anticipated starting and completion dates been set for any improvement projects?

(j) What is the size of the owning organization and what is the size of any contemplated project?

(k) Has the owner had the property listed for sale?

(l) Has the owner been using the property, or allowing the property to be used, for monetary gain?

(m) Are there any other unusual or urgent circumstances that need to be considered?

In cases where there is not sufficient actual physical use of a property, but there are sufficient continuing indicators of intent to use the property for religious purposes, an exemption for property owned and used for religious purposes will become effective upon the earlier of either:

(a) the date of the first actual physical use for religious purposes, or (b) the date indicators of intent began, so long as the first actual use for religious purposes occurs within one year of that date.

Nothing in this rule shall allow an exemption to become effective prior to the year prior to the one in which application is made.

III. SCHOOLS

These following rules apply to all organizations/properties exempted/applying for exemption as owned and used for a school.

A. DEFINITIONS

“College” - As defined in Title 23, Article 3, Colorado Revised Statutes.
“Postsecondary” means related to instruction of students over the age of sixteen years who are not enrolled in a regular program of kindergarten through grade twelve in a public, independent, or parochial school.
“School” - As defined in Title 39, Article 1, Colorado Revised Statutes.

B. GENERAL PROVISIONS

An elementary or secondary school will be considered to have a “curriculum comparable” to that of a publicly supported school, if it has a program which shall include, but not be limited to, instruction in communication skills of reading, writing, and speaking, mathematics, history, literature, science, and civics. A special program mandated and monitored by the Colorado Department of Education shall also be considered as “curriculum comparable”.
A post-secondary school will be considered to have a “curriculum comparable” to that of a publicly supported school if it:

(a) Provides an educational program for which it awards a bachelor's degree; or (b) Provides not less than a two-year program which is acceptable for full credit towards such a degree; or (c) Provides not less than a six-month program of training to prepare students for gainful employment; or (d) Provides not less than a six-month program of training to develop, improve, or enhance the occupational skills of persons in their current positions of employment or of persons seeking employment in a new or different occupation.

Daily attendance shall be required. For elementary and secondary schools requiring the students to meet the standard set out in 22-33-104, C.R.S., by attending 172 days, or by meeting the standards set through gaining accreditation from an accrediting association that has been recognized by the Colorado State Board of Education.
When property exempt under 39-3-107, C.R.S. is used by a religious organization in furtherance of that organization's religious mission, the owner of the property is not limited to receiving one dollar per year plus an equitable portion of the reasonable expenses from that religious organization.

When such property is used by other entities for schools or for strictly charitable purposes, the owner is limited to receiving one dollar per year plus an equitable portion of reasonable expenses.

For properties that are claimed to be owned and used for schools, the Administrator will consider only the actual, physical use of a property when determining whether the property qualifies for exemption.

IV. CHARITABLE

The following rules apply to all organizations/properties exempted/applying for exemption as owned and used for strictly charitable purposes. For rules which apply to specific categories of charitable use, e.g. child care centers, fraternal/veterans organizations, etc., see that specific section.

A. GENERAL DEFINITIONS

“Charity” means a gift to be applied consistently with existing laws, for the benefit of an indefinite number of persons, either by bringing their minds or hearts under the influence of education or religion, by relieving their bodies from disease, suffering or constraint, by assisting them to establish themselves in life, or by erecting or maintaining public buildings or works, or otherwise lessening the burdens of government.

B. GENERAL PROVISIONS

Whether a “gift” is involved will be determined by analyzing both the beneficent objects, goals or purposes of the entity and the organization's actual conduct.

Things to be considered include, but are not limited to:

(a) What are the sources of income?

(b) What is the intent of the donors?

(d) How is any excess money used?

(e) Are fees ever waived, in whole or in part?

(f) Are fees charged based on the ability to pay?

(g) Is the organization self-supporting, or does it do any fund raising?

(h) Are contributions to others a main function or just an incidental one?

(i) Do the members of the organization contribute a significant amount of volunteer time?

(j) What is the organization's status with the Internal Revenue Service?

(k) Is government charged a lower rate?

(l) What is the amount of government involvement?

(m) Are other private organizations involved in the same activity?

(n) Does the organization exist solely to do a traditionally governmental function?

(o) Are the salaries paid to employees reasonable?

Whether an “indefinite number of persons” is served by an organization shall be determined by whether the beneficiaries of the organization's activities are involuntarily parts of the benefitted class. When the right to benefit depends on a voluntary association with a particular society then that organization does not benefit an indefinite number of persons. This rule does not apply to exemptions granted under 39-3-108 (1)(c), C.R.S.
“Public buildings or works” means those properties occupied and used by government bodies or agencies thereof, or generally provided by the government solely for the use and enjoyment of the general public.
“Lessening the burdens of government” will be determined by whether the charitable work, if not being done by a private person, would have to be undertaken at public expense.
For a property to qualify for exemption as owned and used for strictly charitable purposes, status as a member of the organization must not be a requirement to be a beneficiary of the use of the property. Any organization which confines its benefits to its own members is not a charity, but a private institution for the mutual advantage of the members. This rule does not apply to exemption granted under 39-3-108 (1)(c).
For the purposes of 39-3-108 (3), C.R.S. a “property” will consist of any single parcel of real property as indicated in the records of the county assessor or considered as a single parcel under Rule I.B.18; or any amount of personal property located in a single tax area.
Where material reciprocity between recipients and their donor exists then charity does not.
When property exempt under 39-3-108 to 39-3-113.5 and 127.7, C.R.S. is used by a religious organization in furtherance of that organization's religious mission, the owner of the property is not limited to receiving one dollar per year plus an equitable portion of the reasonable expenses from that religious organization.

When such property is used by other entities for schools or for strictly charitable purposes, the owner is limited to receiving one dollar per year plus an equitable portion of reasonable expenses.

For properties that are claimed to be owned and used for strictly charitable purposes, the Administrator will consider only the actual, physical use of a property when determining whether the property qualifies for exemption.

C. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3-

108, C.R.S., ONLY

“Nonresidential” means not providing a permanent place of abode. Any facility allowing for average stays of over ninety days shall be considered as residential.

Rule IV.C.3. is repealed.

The right to exemption of a health care facility is not affected by the fact that few pay, or all pay, so the amount received does not exceed the expenses except for amounts reasonably anticipated for future needs, as determined according to the usual method of accounting for such organization, and the institution is not maintained for private gain or corporate profit, and the sums paid or contributed are devoted to the purpose for which the charity was founded.

For purposes of Rule IV.C.4., amounts reasonably anticipated for future needs may include any monies set aside for capital improvements or required by bond agreements to meet income to expense ratios specified in such bond agreements.

“Domestic water company” means any company which has as a major function the providing of water for human consumption within the State of Colorado. This does not include irrigation companies.

Property used as an integral part of a nonprofit domestic water company is that which is essential for providing water to the company's customers.

For the purposes of 39-3-108 (1)(b), C.R.S., “licensed health care facility” will only include property, or a portion thereof, that is licensed by the Health Facilities Division of the Colorado Department of Public Health and Environment pursuant to Articles 3 or 27 of Title 25 of the Colorado Revised Statutes, and/or property, or a portion thereof, that is used for functions that are essential to the operation of a licensed health care facility but that are not required to be licensed.

Examples of essential functions include, but are not limited to, parking lots, accounting offices and cafeterias that are used primarily for said licensed health care facility. This includes community residential homes which are jointly licensed by the Department of Public Health and Environment and the Department of Human Services pursuant to article 10.5 of title 27 of the Colorado Revised 8. 39-3-108 (3)(a), C.R.S. can be considered only for a property or portion thereof that has been licensed by the Health Facilities Division of the Colorado Department of Public Health and Environment, pursuant to Articles 3 or 27 of Title 25 of the Colorado Revised Statutes, and for a property or portion thereof that is used for functions that are essential to the operation of said licensed health care facility.

D. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3-

109, C.R.S., ONLY

Residential property is used as an integral part of otherwise exempt property when the residents of such property are the direct beneficiaries of the services provided, or employees whose presence at such residential property is necessary for the well being of the resident beneficiaries, or employees whose presence is essential to the operation of the property.
"Annual determination" means, for purposes of sections IV.D. and IV.G., the decision issued by the Property Tax Administrator indicating the percentage of taxable value and the percentage of exempt value of a property exempt under 39-3-109 (2), 39-3-112, or 39-3-127.7, C.R.S. on the assessment date for that year.

The percentage of nonexempt value shall be calculated by dividing the number of units occupied by nonqualifying residents by the total number of units occupied as of the annual assessment date.

Owners of residential property claiming it is exempt as an integral part of a hospital, licensed health care facility, or institution for physical or mental disabilities, shall submit to the administrator, a certificate signed by a physician licensed to practice in the state of Colorado that the medical condition of each resident of units claimed to qualify for exemption requires the individual to reside in such residential unit. The owner shall also disclose the capacity of such residential property.

If the owner can clearly establish that it only accepts tenants who would be qualified pursuant to 39-3-109 (1)(b), C.R.S., an annual attestation to that fact, on the form provided by the administrator, may take the place of the filing of medical condition certificates.

The administrator shall provide the necessary forms for reporting the occupancy of residential property claimed to be exempt under 39-3-109 (1)(b), C.R.S.
When a property is partially exempted under section 39-3-109 (1)(b), C.R.S., which requires annual occupancy information, and partially exempted under another statute which does not require annual occupancy information, the Administrator may require that an annual report be filed for each portion exempted pursuant to each specific statute.
When annual occupancy information is required to be filed under 39-3-109, C.R.S. and these rules, any exemption will be revoked if the annual occupancy reports filed in compliance with Rule IV.D.4. show no qualified occupants for two The exemption will be revoked as of January 1 of the second of those E. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3- 110, C.R.S., ONLY 1. “Child care center” - As defined in Title 26.5, Article 5, Colorado Revised 2. Exemption will be denied to any owner applying for exemption of property used as a child care center within the meaning of Title 26.5, Article 5, C.R.S., unless that owner can provide proof that their property is licensed by the Department of Early Childhood under Title 26.5 of the Colorado Revised Statutes or that said property is exempt from such licensing requirements. This does not apply to child care centers included as part of a religious mission.
“Gross revenue” means money from whatever source derived. This includes, but is not limited to, tuition, fees, contributions, donations, grants, and net income from fund raisers.
Tuition includes all costs paid so that students may participate in the daily programs. Included in this are registration fees, athletic fees, charges for identification cards, required meal charges, and any other costs charged for day to day attendance at such child care center. Additional fees charged for special events (e.g. field trips) shall not be considered part of tuition if they are assessed on an at cost basis.
“Charges on the basis of ability to pay” means that the total cost for each child is determined by a scale based on the recipient's financial status.
“Irrevocably dedicated” means property which is used solely and exclusively for the exempt purpose claimed and shall continue to be used for charitable purposes and not inure to the benefit of any private person upon the liquidation, dissolution or abandonment by the owner.

F. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3-

111, C.R.S., ONLY

“Fraternal organization” - As defined in Title 12, Article 9, Colorado Revised Statutes, notwithstanding the requirement that such organization be in existence for a period of five years.
“Veterans' organization” - As defined in Title 12, Article 9, Colorado Revised Statutes, notwithstanding the requirement that such organization be in existence for a period of five years.
“Irrevocably dedicated” - See Rule IV.E.6.
Every owner of real or personal property for which exemption from general taxation had previously been granted pursuant to the provision of 39-3-111, C.R.S., and which is used for any purpose other than the purposes specified in 39-3-106 to 39-3-113.5 and 39-3-127.7, C.R.S. for less than two hundred eight hours during the calendar year or if the use of the property for such purposes results in annual gross rental income to such owner of less than ten thousand dollars, may elect to sign only the declaration statement provided on the annual report form and return such statement as proof of exemption by the filing deadlines specified on the form. No annual fee is required if the owner qualifies to sign the declaration only. If the declaration is signed, and the total use of the property by all users other than the owner exceeds two hundred eight hours and results in $25,000 or more in gross rental income, the owner must provide a list of all users that the owner claims used the property for purposes specified in sections 39-3-106 to 39-3-116, C.R.S., and a brief description of those uses.
Calculating Adjusted Hours - See Rule I.B.27.
For the purposes of 39-3-111, and 39-2-117 (3)(a)(I), C.R.S., “gross rental income” means all income received by an owner related to the use of the subject property. This includes, but is not limited to, rents, donations, contributions, or any other compensation given to an owner in exchange for the use of the property.
Only an owner specifically exempted under 39-3-111, C.R.S., as a fraternal or veteran's organization may elect to sign the declaration in lieu of an annual report. If a fraternal or veteran's organization is exempt under a statute other than 39-3-111, C.R.S., they must file an annual report.
For every owner of real or personal property for which exemption from general taxation has previously been granted pursuant to the provisions of 39-3-111, C.R.S., and which does not file either the declaration or annual report with the appropriate fee by July 1, such failure shall operate as a forfeiture of any right to claim exemption of previously exempt property from general taxation for the current year.

G. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3-

112, C.R.S., ONLY

“Annual determination” - See Rule IV.D.2.
“Orphanage” means an institution for the care and protection of orphans and abandoned children.
The administrator shall provide the necessary forms for reporting the occupancy of residential property exempt under 39-3-112, C.R.S.
When a property is partially exempted under section 39-3-112, C.R.S., which requires annual occupancy information, and partially exempted under another statute which does not require annual occupancy information, the Administrator may require that an annual report be filed for each portion exempted pursuant to each specific statute.
When annual occupancy information is required to be filed under 39-3-112, C.R.S. and these rules, any exemption will be revoked if the annual occupancy reports filed in compliance with Rule IV.G.3. show no qualified occupants for two The exemption will be revoked as of January 1 of the second of those 6. For the purposes of 39-3-112 (1)(c) C.R.S., occupants will be qualified as ‘abused’ if they, or some member of their immediate family, were physically, mentally, sexually and/or emotionally injured by another person prior to occupying a housing facility and if the abused individual is occupying this housing facility as a direct result of that abuse.
For properties to qualify as family service facilities under 39-3-112 C.R.S., those properties must be restricted to occupancy by only single parent families (except for resident managerial personnel). There will be no apportionment into exempt and nonexempt portions.
For the purposes of 39-3-112 (1)(c) and 39-3-112.5, C.R.S. “homeless” individuals or families include only those persons who, immediately prior to occupying a housing facility for the homeless:

(a) had a primary nighttime residence that was a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for the mentally ill, but excluding prisons or other detention facilities); or (b) had a primary nighttime residence that was a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings; or (c) were at imminent risk of homelessness because they faced immediate eviction and had been unable to identify a subsequent residence, which would result in emergency shelter placement; or (d) are handicapped, had been released from an institution, and were at risk of imminent homelessness because no subsequent residences were identified.

For the purposes of C.R.S. 39-3-112, when more than one income level is used by the low-rent public housing project nearest in distance to a potentially exempt residential property, the highest level may be used in calculating one hundred fifty percent of the limits prescribed for similar individuals or families.
For the purposes of 39-3-112 and 39-3-127.7, C.R.S., income shall include all money and other compensation received during a given year, regardless of whether it is considered as taxable income pursuant to state or federal income tax regulations.
For each unit claimed to qualify for exemption pursuant to C.R.S. 39-3-112, each adult occupant, or at least one member of a married couple who are occupants, must annually provide to the Division, on a form provided by the Administrator, a signed declaration indicating that the occupant is 62 years of age or over; disabled; homeless or abused; or the head of a single parent family occupying a family service facility.

At least one member of any married couple, and all other adult residents in a unit, must be either 62 years of age or over; disabled; homeless or abused; or the head of a single parent family occupying a family service facility for that unit to qualify.

For each unit claimed to qualify for exemption pursuant to C.R.S. 39-3-112, each occupant, or each married couple if filing jointly, must annually provide to the Division, on a form provided by the Administrator, a breakdown of the gross income received by that occupant for the prior calendar year and a copy of any Federal Income Tax return that was required to be filed for that year.

Only those units occupied by qualified residents where the total income is less than 150% of the limits on the income allowed for similar persons at the low-rent public housing property nearest in distance to the subject property will be deemed to qualify for exemption.

For the purposes of 39-3-112(1)(b.5)(II), C.R.S. “utilities” includes water, heat, and electricity, but does not include telephone.
Rent schedules that conform to those published annually by the Colorado Housing and Finance Authority which indicate acceptable rents for households whose incomes do not exceed thirty percent of the area median income shall satisfy the requirement of 39-3-112(1)(b.5)(II), C.R.S.
To determine comparable facilities the administrator will consider unit type(s), square footage, number of bedrooms, number of bathrooms, location, quality, amenities, date built, and management and maintenance services.

“Fair market rents” as established by the United States Department of Housing and Urban Development pursuant to 24 CFR 888 shall be considered rents for comparable facilities.

The value of an exemption will be determined by multiplying the assessed value of the subject property, as listed in the records of the county assessor, by the mill levy of the tax area in which the subject property is located, and multiplying that product by the potential exemption attributable to units used to house low-income households.
To determine when rents are reduced sufficiently to meet the requirement of 39- 3- 112(1)(b.5)(III), C.R.S., the actual rents paid by the tenant for the subject property will be subtracted from rents equivalent to those charged at a comparable facility.
Each unit will be examined individually to determine whether the rent reduction requirement of 39-3-112(1)(b.5)(III), C.R.S. is met.
For the purposes of low income household residential facilities “income” for households shall be as determined by United States Department of Housing and Urban Development pursuant to 24 CFR 5.609.

H. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3-

113, C.R.S., ONLY

The “process of being constructed” begins with actual physical preparation of the land.
“Irrevocably committed to residential use in accordance with the requirements set forth in sections 39-3-109 (1) or 39-3-112 (2) or (3)” shall be evidenced by certifying, under the penalty of perjury in the second degree, on a form provided by the Administrator, that the property is so committed, and that upon occupancy, said property will be occupied by one or more qualified occupants.

I. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3-

113.5, C.R.S., ONLY

In accordance with the requirements set forth in 39-3-113.5(2)(b)(II), C.R.S., the property may qualify for exemption until a certificate of occupancy is issued, but under no circumstance can the property qualify for exemption more than one year after the provider sells the property to the low-income applicant. The administrator will recognize the date of sale as the date the exemption ends, unless the owner can provide proof that a certificate of occupancy has been or will be issued. Owner shall also notify the county assessor in the event that a certificate of occupancy has not been issued at the time of sale.

J. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3-

114, C.R.S., ONLY

"Burden", for the purpose of 39-3-114, C.R.S., means burden of proof.

K. APPLICABLE FOR PROPERTIES APPLIED FOR/EXEMPTED UNDER 39-3-

127.7, C.R.S., ONLY

The administrator shall provide the necessary forms for reporting the occupancy of residential property claimed to be exempt under 39-3-127.7, C.R.S.
“Annual Determination” – See Rule. IV.D.2.
“Income” – See Rule IV.G.10.
For the purposes of determining area median income of households, “households” shall be as determined by United States Department of Housing and Urban Development pursuant to 24 CFR 570.3.
Areas classified as “urban”, “rural”, or “rural resort” shall be classified by the Division of Housing pursuant to 29-4-1107 (2)(d), C.R.S.
Owners of residential property claiming it is exempt as held by a community land trust or a nonprofit affordable homeownership developer as an affordable homeownership property shall submit to the administrator existing and/or ongoing proof of a property held and/or leased as an affordable homeownership property, including but not limited to proof of lease to a qualifying owner or owners of the improvements as an affordable homeownership property, and prevailing deed restrictions and other conditions imposed on the property. An annual attestation to that fact, or any other supplemental report on forms provided by the administrator, may take the place of the filing of such proof.
In order to determine whether the property is deemed to be an affordable homeownership property, the Administrator will consider the prevailing deed restriction(s) and other conditions imposed on the property, including but not limited to the annual household income of the owners of the improvements at the time of purchase, the amount(s) charged on the ground lease, and any subsequent resales of the property, the conditions attached thereto, and the qualifications of the subsequent buyers.

The amount charged as a ground lease to qualifying homeowners shall not exceed more than one dollar plus an equitable portion of the reasonable expenses attributable to the direct costs, maintenance and operation of the land, including interest expenses, depreciation, long-term maintenance expenses allowed in accordance with generally accepted accounting principles, capital expenses dedicated to refurbishing the property, any administrative expenses associated with the land, and expenses incurred to allow the property to conserve energy, water, or other natural resources, but do not include any amount expended to reduce debt.

The property tax administrator may grant a partial exemption based on a parcel or parcels being sold or leased not in accordance with 39-3-127.7, C.R.S. and in accordance with 39-3-129, C.R.S.

Partial exemptions may be calculated by dividing the square footage of nonqualifying land by the total square footage of the property.

Parcels previously part of a whole parcel and were subdivided according to this statute may be applied for under one application or reported under one report, provided that the accompanying fees for the application or annual Exempt Property Report are commensurate with the number of parcels applied for or reported. Once a land lease is issued for a separated parcel, it must be applied for or reported under its own application or annual Exempt Property Report.

Parcels may be included under one application or annual Exempt Property Report if they are contiguous as defined in 39-1-102(14.4)(a)(III).

V. COMBINATION USE OF PROPERTY

The following rules apply to property exempted/applying for exemption which is used by anyone other than the owner or property owned by a religious organization which is used outside of its religious mission.

A. DEFINITIONS

“Otherwise exempt from the payment of property taxes”, as stated in 39-3-116 (2)(b), C.R.S. means having met all of the requirements for exemption as specified in 39-3-105, or 39-3-127, C.R.S. or being exempt pursuant to Article VI cl. 2 of the Constitution of the United States or Section 4 of the Enabling Act of Colorado.

B. GENERAL PROVISIONS

The “amount received by the owner for the use of such property” shall include all income no matter what it is called. This shall include, but not be limited to, rent, donations, contributions, and gifts received for the use of the property.
“Reasonable expenses incurred in the operation and maintenance of the property” include, but are not limited to, utilities; custodial services and supplies; costs for routine maintenance, parts and labor; insurance; taxes; and interest on loans involving that particular piece of property. Expenses may also include depreciation, long-term maintenance expenses allowed in accordance with generally accepted accounting principles, capital expenses dedicate to refurbishing the property, and expenses incurred to allow the property to conserve energy, water or other natural resources.
An “equitable portion of reasonable expenses incurred in the operation and maintenance of the property” will be determined by considering the amount of time a particular user occupies a portion of the property, and the amount of space used in comparison to the total area of the building, and the reasonable expenses incurred as defined in Rule V. B. 2. Either of the following sets of formulas may be used:

(A)(1) 퐻퐻퐻퐻퐻퐻퐻퐻퐻퐻 퐻퐻표표 퐻퐻퐻퐻푢푢 푏푏푏푏 푠푠 푝푝푠푠퐻퐻푓푓푖푖푝푝퐻퐻푇푇푠푠퐻퐻 퐻퐻퐻퐻푢푢퐻퐻 푥푥 퐻퐻푠푠퐻퐻푠푠퐻퐻푢푢 표표푢푢푢푢푓푓 퐻퐻표표 푠푠퐻퐻푢푢푠푠 퐻퐻퐻퐻푢푢푢푢 푇푇 퐻퐻푓푓 푠푠 푇푇 퐻퐻푠푠퐻퐻푠푠퐻퐻 푢푢 표표푢푢푢푢푓푓 퐻퐻표표 푏푏퐻퐻푖푖푇푇푢푢 푖푖푖푖푓푓 = Adjusted hours of usage by particular user (2) 퐴퐴푢푢퐴퐴퐻퐻퐻퐻푓푓푢푢푢푢 ℎ퐻퐻퐻퐻퐻퐻퐻퐻 퐻퐻표표 퐻퐻퐻퐻푠푠푓푓푢푢 푏푏푏푏 푝푝푠푠퐻퐻푓푓푖푖푝푝퐻퐻푇푇푠푠퐻퐻 퐻퐻퐻퐻푢푢퐻퐻 = Percentage of possible use by that user (3)푃푃푃푃푃푃푃푃푃푃푃푃푃푃푃푃푃푃푃푃 표표표표 푝푝표표푝푝푝푝푝푝푝푝푝푝푃푃 푢푢푝푝푃푃 푝푝푏푏 푃푃 푢푢푝푝푃푃푃푃 푥푥 푅푅푃푃푃푃푝푝표표푃푃푃푃푝푝푝푝푃푃 푃푃푥푥푝푝푃푃푃푃푝푝푃푃푝푝 = Equitable portion of expenses Mul tiply the hours of use by a particular user by the square feet of area used, then divide this by the total square feet of the building to get the adjusted hours of usage by the particular user.

Then divide this adjusted hours of usage by 8760 to get the percentage of possible use by that user.

Multiply this percentage by the total amount of reasonable expenses to get the user’s equitable portion of expenses.

(B)(1) 퐻퐻퐻퐻퐻퐻퐻퐻퐻퐻 퐻퐻표표 퐻퐻퐻퐻푢푢 푏푏푏푏 푠푠 푝푝푠푠퐻퐻푓푓푖푖푝푝퐻퐻푇푇푠푠퐻퐻 퐻퐻퐻퐻푢푢퐻퐻 푥푥 퐻퐻푠푠퐻퐻푠푠퐻퐻푢푢 표표푢푢푢푢푓푓 퐻퐻표표 푠푠퐻퐻푢푢푠푠 퐻퐻퐻퐻푢푢푢푢 푇푇퐻퐻푓푓푠푠푇푇 퐻퐻푠푠퐻퐻푠푠퐻퐻푢푢 표표푢푢푢푢푓푓 퐻퐻표표 푏푏퐻퐻푖푖푇푇푢푢푖푖푖푖푓푓 = Adjusted hours of usage by particular user (2) 퐴퐴푢푢퐴퐴퐻퐻퐻퐻푓푓푢푢푢푢 ℎ퐻퐻퐻퐻퐻퐻퐻퐻 퐻퐻표표 퐻퐻퐻퐻푢푢 푏푏푏푏 푠푠 푝푝푠푠퐻퐻푓푓푖푖푝푝퐻퐻푇푇푠푠퐻퐻 퐻퐻퐻퐻푢푢퐻퐻 푇푇퐻퐻푓푓푠푠푇푇 푠푠푢푢퐴퐴퐻퐻퐻퐻푓푓푢푢푢푢 ℎ퐻퐻퐻퐻퐻퐻퐻퐻 퐻퐻표표 퐻퐻퐻퐻푢푢 푏푏푏푏 푠푠푇푇푇푇 퐻퐻퐻퐻푢푢퐻퐻퐻퐻 = Percentage of actual use by that user (3) 푃푃푢푢퐻퐻푝푝푢푢푖푖푓푓푠푠푓푓푢푢 퐻퐻표표 푠푠푝푝푓푓퐻퐻푠푠푇푇 퐻퐻퐻퐻푢푢 푏푏푏푏 푠푠 퐻퐻퐻퐻푢푢퐻퐻 푅푅푢푢푠푠퐻퐻퐻퐻푖푖푠푠푏푏푇푇푢푢 푢푢푥푥푝푝푢푢푖푖퐻퐻푢푢퐻퐻 = Equitable portion of expenses Multiply the hours of use by a particular user by the square feet of area used, then divide this by the total square feet of the building to get the adjusted hours of usage by the particular user.

Then divide this adjusted hours of usage by the total adjusted hours of use by all users to get the percentage of actual use by that user.

Multiply this percentage by the total amount of reasonable expenses to get the user’s equitable portion of expenses.

Exclusive use of an area by a user must be considered twenty four hours of use for each day that the property is so occupied. 4.For those properties exempted under 39-3-107 to 113.5 and 39-3-127.7, C.R.S., excluding 39-3-108 (1)(b), the exemption will not be affected by occasional, noncontinuous, non-qualifying use so long as that use does not exceed the limits set out in 39-3-106.5 (2) C.R.S.

Should occasional, non-continuous, non-qualifying use exceed the stated limits, the percentage of taxable value will be based on the total amount of nonqualifying use.

ADDITIONAL DEFINITIONS

Administrator C.R.S. 39-1-102 “ Administrator” means the property tax administrator.

Annual assessment date C.R.S. 39-1-102 Twelve noon on the first day of January of each year is designated as the official assessment date.

Child care center C.R.S. 26.5-5-303 (3)(a) Child care center means a facility, by whatever name known, that is maintained for the whole or part of a day for the care of five or more children who are eighteen years of age or younger and who are not related to the owner, operator, or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes.

The term includes, but is not limited to, facilities commonly known as day care centers, school-age child care centers, before and after school programs, nursery schools, kindergartens, preschools, day camps, summer camps, and centers for developmentally disabled children and those facilities which give twenty-four-hour care for children and includes those facilities for children under the age of six years with stated educational purposes operated in conjunction with a public, private, or parochial college or a private or parochial school; except that the term shall not apply to any kindergarten maintained in connection with a public, private, or parochial elementary school system of at least six grades. The term shall not include any facility licensed as a family child care home or foster care home.

College C.R.S. 23-3-103 (1) Any public or nonprofit institution of higher education which is recognized and approved by the regional accrediting agency for the state where such educational institution is situated or which is approved by the United States commissioner of education and which provides a course of study leading to the granting of a postsecondary degree or diploma.

Community corrections program C.R.S. 17-27-102 (3) . . . a community-based or community-oriented program that provides supervision of offenders pursuant to this

article. Such program shall be operated by a unit of local government, the department, or any private individual, partnership, corporation, or association. Such program may provide residential or non-residential services for offenders, monitoring of the activities of offenders, oversight of victim restitution and community service by offenders, programs and services to aid offenders in obtaining and holding regular employment, programs and services to aid offenders in enrolling in and maintaining academic courses, programs and services to aid offenders in participating in vocational training programs, programs and services to aid offenders in utilizing the resources of the community, meeting the personal and family needs of such offenders, programs and services to aid offenders in obtaining appropriate treatment for such offenders, programs and services to aid offenders in participating in whatever specialized programs exist within the community, day reporting programs, and such other services and programs as may be appropriate to aid in offender rehabilitation and public safety.

Division C.R.S. 39-2-101 This section creates the Division of Property Taxation.

Filing - when deemed to have been made. C.R.S. 39-1-120 (1)(a) Any report, schedule, claim, tax return, statement, or other document required or authorized under articles 1 to 9 of this title to be filed with or any payment made to the state of Colorado or any political subdivision thereof which is transmitted through the United States mails shall be deemed filed with and received by the public officer or agency to which it was addressed on the date shown by the cancellation mark stamped on the envelope or other wrapper containing the document required to be filed.

(b)Any such document which is mailed, but not received by the public officer or agency to which it was addressed, or is received and the cancellation mark is not legible, or is erroneous or omitted shall be deemed to have been filed and received on the date it was mailed if the sender establishes by competent evidence that the document was deposited in the United States mails on or before the date due for filing. In such cases of nonreceipt of a document by the public officer or agency to which it was addressed, the sender shall file a duplicate copy thereof within thirty days after written notification is given to the sender by such public officer of the failure to receive such document.

(2)If any report, schedule, claim, tax return, statement, remittance, or other document is sent by United States registered mail, certified mail, or certificate of mailing, a record authenticated by the United States postal service of such registration, certification, or certificate shall be considered competent evidence that the report, schedule, claim, tax return, statement, remittance, or other document was mailed to the public officer or agency to which it was addressed, and the date of the registration, certification, or certificate shall be deemed to be the postmark date.

(3)If the date for filing any report, schedule, claim, tax return, statement, remittance, or other document falls upon a Saturday, Sunday, or legal holiday, it shall be deemed to have been timely filed if filed on the next business day.

Fraternal organization C.R.S. 12-9-102 (6) Fraternal organization means any organization within this state, including college and high school fraternities, not for pecuniary profit, that is a branch, lodge, or chapter of a national or state organization and exists for the common business, brotherhood, or other interests of its members and that has so existed for five years prior to making application for a license under this article.

“Fraternal organization” also includes a graduate or alumni division or branch of a college fraternity, which division or branch holds a charter issued by the state of Colorado and that meets all other criteria set forth in this subsection (6). As used in this subsection (6), “fraternity” includes a sorority.

Improvements C.R.S. 39-1-102 (7) Improvements means all structures, buildings, fixtures, fences, and water rights erected upon or affixed to land, whether or not title to such land has been acquired.

Not for private gain or corporate profit C.R.S. 39-1-102 (8.5) Not for private gain or corporate profit means the ownership and use of property whereby no person with any connection to the owner thereof shall receive any pecuniary benefit except for reasonable compensation for services rendered and any excess income over expenses derived from the operation or use of the property and all proceeds from the sale of the property of the owner shall be devoted to the furthering of any exempt purpose.

Perjury in the second degree C.R.S. 18-8-503 A person commits perjury in the second degree if, other than in an official proceeding, with an intent to mislead a public servant in the performance of his duty, he makes a materially false statement, which he does not believe to be true, under an oath required or authorized by law. Perjury in the second degree is a class 1 misdemeanor punishable by a minimum of six months imprisonment, or five hundred dollars fine, or both, up to a maximum of eighteen months imprisonment, or five thousand dollars fine, or both.

Person C.R.S. 39-1-102 (9) Person means natural persons, corporations, partnerships, associations, and other legal entities which are or may become taxpayers by reason of the ownership of taxable real or personal property.

Personal property C.R.S. 39-1-102 (11) Personal property means everything which is the subject of ownership and which is not included within the term “real property”.

Personal property includes machinery, equipment and other articles related to a commercial or industrial operation which are either affixed or not affixed to the real property for proper utilization of such articles.

Property C.R.S. 39-1-102 (13) Property means both real and personal property.

Real Property C.R.S. 39-1-102 (14) Real property means: a) All lands or interests in lands to which title or right of title has been acquired from the government of the United States or from sovereign authority ratified by treaties entered into by the United States, or from the state; b) All mines, quarries, and minerals in and under the land, and all rights and privileges thereunto appertaining; and c) improvements.

School C.R.S. 39-1-102 (15.5)

(a) “School” means:

(I) An educational institution having a curriculum comparable to that of a publicly supported elementary or secondary school or college, or any combination thereof, and requiring daily attendance, or (II) An institution that is licensed as a child care center pursuant to article 6 of title 26, C.R.S., that is:

(A) Operated by and as an integral part of a not-for-profit educational institution that meets the requirements of subparagraph (I) of this paragraph (a): or (B) A not-for-profit institution that offers an educational program for not more than six hours per day and that employs educators trained in preschool through eighth grade educational instruction and is licensed by the appropriate state agency and that is not otherwise qualified as a school under this paragraph (a) or as a religious institution.

(b) “School” includes any educational institution that meets the requirements set forth in subparagraph (I) or (II) of paragraph (a) of this subsection (15.5), even if such educational institution maintains hours of operation in excess of the minimum hour requirements of section 22-32-109(1)(n)(I), C.R.S.

Veterans' organization C.R.S. 12-9-102 (21) Veterans' organization means any organization within this state or any branch, lodge, or chapter of a national or state organization within this state, not for pecuniary profit, the membership of which consists of individuals who were members of the armed services or forces of the United States, that has been in existence for five years prior to making application for a license under this article.

Editor’s Notes

History Entire rule eff. 04/15/2011.

Rules I.B.27, II.B.4, IV.B.8, IV.F.4, V.B.2, V.B.4 eff. 12/30/2016.

Rules I.A.12, I.B.27,28, II.B.4, IV.B.8, IV.D.2, IV.F.4, IV.G.10, IV.I-K, V.B.3,4 eff. 01/01/2024.

Rules I.B.4, I.B.32.1, IV.K.9 emer. rules eff. 06/28/2024.

Rules I.B.4, I.B.32.1, IV.E.1-2, IV.K.7-8, IV.K.9 eff. 10/15/2024.

Rules I.B.32.1, Additional Definitions emer. rules eff. 06/30/2026.

Rule I.B.32.1 Additional Definitions eff. 07/01/2026.

1306 Division of Local Government

8 CCR 1306-1 NON-RATED PUBLIC SECURITIES REPORTING - Repealed eff. 12/02/02 {#sec-8-ccr-1306-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1306-1}

DEPARTMENT OF LOCAL AFFAIRS

Division of Local Government NON-RATED PUBLIC SECURITIES REPORTING - Repealed effective 12/02/02 8 CCR 1306-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Repealed 09/16/02, Effective 12/02/02 _________________________________________________________________________ Editor’s Notes

History

8 CCR 1306-2 PARTIAL REIMBURSEMENT OF WASTE TIRE PROCESSING AND USAGE - Repealed eff. 01/14/2012 {#sec-8-ccr-1306-2 omnilex-key=us-co-regs-official--department-12--8 CCR 1306-2}

DEPARTMENT OF LOCAL AFFAIRS

Division of Local Government PARTIAL REIBURSEMENTS OF WASTE TIRE PROCESSING AND USAGE - Repealed Effective 01/14/2012 8 CCR 1306-2 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________ Editor’s Notes

History Entire rule repealed (see 1007-2 Part 4) 01/14/2012.

8 CCR 1306-3 Conservation Trust Fund Administration, Including Monitoring, Enforcement and Guidance Regarding Allowable Expenditures (c.r.s. 29-21-101) {#sec-8-ccr-1306-3 omnilex-key=us-co-regs-official--department-12--8 CCR 1306-3}

DEPARTMENT OF LOCAL AFFAIRS

Division of Local Government CONSERVATION TRUST FUND ADMINISTRATION, INCLUDING MONITORING, ENFORCEMENT AND GUIDANCE REGARDING ALLOWABLE EXPENDITURES (C.R.S. 29-21-101)

8 CCR 1306-3 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _______________________________________________________________________________

BASIS AND PURPOSE

The basis for these rules is C.R.S. 29-21-101 (2)(a)(I) which states: "There is hereby created in the division the conservation trust fund."

The purpose of these rules is to implement the provisions of C.R.S. 29-21-101-102(3)(a) through (c) by developing procedures regarding monitoring of eligible entities' compliance with relevant rules and statute, procedures regarding enforcement of penalties for noncompliance, and guidance regarding allowable expenditures of conservation trust fund revenues.

RULES

Part I. Definitions A. “Capital improvements” means the acquisition or improvement of fixed assets.

B. “Division” means the Division of Local Government in the Department of Local Affairs.

C. "Fixed assets" means land, buildings, equipment and improvements other than buildings that the recipient uses to provide Conservation Trust Fund-allowable expenditures, including costs of construction, renovation, demolition, rehabilitation, deferred maintenance, improvements, equipment and furnishings. Fixed assets are determined to be those with an original cost of $500.00 or more, or with a useful life of one year or more.

D. “Interests in land and water” means any and all rights and interests in land or water, or both, including fee interests and less than full fee interests such as future interests, developmental rights, easements, covenants, and contractual rights. Every interest in land or water may be in perpetuity or for a fixed term and shall be deemed to run with the land or water to which it pertains for the benefit of the citizens of this state.

E. “Maintenance” means keeping Conservation Trust Fund-eligible assets in an original or existing state of repair or of preserving them from failure or decline.

F. “New conservation sites” means interests in land and water, acquired after establishment of a conservation trust fund pursuant to this section, for park or recreation purposes, for all types of open space, including but not limited to floodplains, greenbelts, agricultural lands, or scenic areas, or for any scientific, historic, scenic, recreational, aesthetic, or similar purpose.

Part II. Reporting and Monitoring - Procedures necessary to allow the division or its agents to monitor eligible entities’ compliance with the requirements of C.R.S. 29-21-101 and of rules promulgated pursuant to C.R.S. 29-21-101, including annual reporting and entry and inspection of records regarding accounting and expenditures of revenues from the Conservation Trust Fund.

A. On forms supplied by the division, each eligible entity shall annually submit to the division a certification that they have established a Conservation Trust Fund and are eligible to receive Conservation Trust Fund moneys.

B. The treasurer of a municipality or special district, chief financial officer, or the official custodian of the Conservation Trust Fund of an eligible entity shall annually review and certify to the division that the eligible entity’s self-reported Conservation Trust Fund expenditures comply with the requirements of Article 21 of Title 29, C.R.S., and of rules promulgated pursuant to that article.

C. On forms supplied by the division, each eligible entity shall annually submit to the division a statement showing the total amount of state moneys in its local Conservation Trust Fund, the amount of any state moneys encumbered or expended from such fund since the previous year’s report, interest earned on the balance of Conservation Trust Funds from the previous year, and the purpose of the encumbrance or expenditure.

D. All recipients of Conservation Trust Fund funds shall maintain records regarding accounting and expenditures of revenues from the Conservation Trust Fund moneys.

E. An eligible entity shall not deposit any other moneys in its conservation trust fund.

F. All interest earned on the investment of moneys in a local Conservation Trust Fund shall be credited to the fund and shall be expended only for purposes authorized by C.R.S. 29-21- 101.

G. In the utilization of moneys received pursuant to C.R.S. 29-21-101, each eligible entity may cooperate or contract with any other government or political subdivision pursuant to C.R.S. 29-1-201 et seq., subject to the separate accounting requirement of C.R.S. 29-21- 101 (2)(b)(II). Such cooperation may include the sharing of moneys held by any such entities in their respective Conservation Trust Funds for joint expenditures for the acquisition, development and maintenance of new conservation sites.

H. All such records shall be made available for inspection upon demand by the division’s staff or its agents.

I. Division staff or its agents shall develop a system to monitor accounting and expenditure of revenues from the Conservation Trust Fund. Such a monitoring system shall include review and verification of data in annual reports submitted by eligible entities. The review shall provide assurance that the information self-reported by eligible entities is accurate and complete, and identify unallowable or questionable expenditures for follow-up. When concerns are noted during the review process, documentation to verify the eligible entities’ expenditures or accounting practices shall be provided upon demand.

Part III. Enforcement - Procedures necessary to allow the division to enforce eligible entities’ compliance with C.R.S. 29-21-101, including penalties, forfeiture of shares previously distributed, issuance of an order after a hearing held pursuant to C.R.S. 24-4-105 to repay to a state or local Conservation Trust Fund specific revenues from a conservation trust fund that were expended for purposes that are not authorized by C.R.S. 29-21-101, and, if the eligible entity fails to timely comply with the order, issuance of an order to the treasurer holding moneys of the eligible entity that were generated pursuant to the taxing authority of the eligible entity to prohibit the release of any such moneys until the eligible entity complies with the order, and the ability to treat a noncompliant eligible entity as though it were an ineligible entity.

A. Upon preliminary determination that a Conservation Trust Fund recipient has violated statutes or rules governing fund expenditures or accounting practices, the division will notify the entity before considering enforcement actions.

B. Prior to considering enforcement actions, the division shall conduct a hearing held pursuant to C.R.S. 24-4-105, in which pertinent facts concerning violations are presented. The recipient shall have full rights of and access to procedural due process to present facts and to rebut the determination of violation.

C. Upon a finding of violation of statutes or rules, the division, in its sole discretion, shall have the

authority to consider and take certain enforcement actions. Such actions shall include these options:

Provision of a written warning and a corrective course of action.
Issuance of an order to repay to a state or local Conservation Trust Fund specific revenues that were expended for purposes that are not authorized by statute or these rules.
If the eligible entity fails to comply with the order, the division will withhold future funds and treat the noncompliant eligible entity as though it were an ineligible entity.
Upon chronic non-compliance, the division will issue an order to the county treasurer to prohibit release of property tax revenues until the entity complies with the order.

Part IV. Expenditures - Guidance regarding allowable expenditures of Conservation Trust Fund revenues to facilitate eligible entities’ compliance.

A. Allowable expenditures of Conservation Trust Funds include the following:

Acquisition, development, and maintenance of new conservation sites.
Capital improvements or maintenance for recreational purposes on any public site.
Operation of a system of television relay and translator facilities and the use, acquisition, equipping, and maintenance of land, buildings, and other recreational facilities therefore.

B. Unallowable expenditures of Conservation Trust Funds include, but are not limited to the following:

Operating expenditures, including salaries, except those operating expenditures, including salaries, that are considered to be for maintenance purposes.
Expenditure for activities such as athletic teams, fireworks, recreational programs, and public associations or clubs. _________________________________________________________________________ Editor’s Notes

History

8 CCR 1306-4 Peace Officer Mental Health Support Grant Reporting Requirements {#sec-8-ccr-1306-4 omnilex-key=us-co-regs-official--department-12--8 CCR 1306-4}

DEPARTMENT OF LOCAL AFFAIRS

Division of Local Government PEACE OFFICER MENTAL HEALTH SUPPORT GRANT REPORTING REQUIREMENTS C.R.S 24-32-3501 8 CCR 1306-4 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ All grant recipients must report per the requirements of the grant contract with the department created in order to receive funds. This contract will require, at least, annual reporting to the department on grant spending to include, at a minimum, expense type, amount, date and any funds returned during the previous state fiscal year. 4.5. Quarterly Pay Request and Status Reports. Beginning 30 days after the end of the first quarter following execution of this Grant and for each quarter thereafter until termination of this Grant, Grantee shall submit Pay Requests and Status Reports using a form provided by the State. The State shall pay the Grantee for actual expenditures made in the performance of this Grant based on the submission of statements in the format prescribed by the State. The Grantee shall submit Pay Requests setting forth a detailed description and provide documentation of the amounts and types of reimbursable expenses. Pay Requests and Status Reports are due within 30 days of the end of the quarter but may be submitted more frequently at the discretion of the Grantee. 4.5.1. For quarters in which there are no expenditures to reimburse, Grantee shall indicate zero (0) requested in the Pay Request and describe the status of the Work in the Status Report. The report will contain an update of expenditure of funds by budget line as per §6.2 of this Exhibit B Scope of Project as well as a projection of all Work expected to be accomplished in the following quarter, including an estimate of Grant Funds to be expended. 4.5.2. Specific submittal dates.

Quarter Year Due Date Pay Request Due Status Report Due rd (Jul-Sep) 2019 October 31, 2019 Yes Yes th (Oct-Dec) 2019 January 31, 2020 Yes Yes st (Jan-Mar) 2020 April 30, 2020 Yes Yes nd (Apr-Jun) 2020 July 31, 2020 Yes Yes rd (Jul-Sep) 2020 October 31, 2020 Yes Yes _________________________________________________________________________ Editor’s Notes

History New rule eff. 06/14/2020.

1307 SAR Advisory Board

8 CCR 1307-1 BACKCOUNTRY SEARCH AND RESCUE [Repealed eff. 09/14/2023] {#sec-8-ccr-1307-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1307-1}

DEPARTMENT OF LOCAL AFFAIRS

SAR Advisory Board SEARCH AND RESCUE PROGRAM FUND - Repealed eff. 09/14/2023 8 CCR 1307-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 06/30/2016.

Entire rule repealed eff. 09/14/2023.

1308 Private Activity Bond Program

8 CCR 1308-1 PRIVATE ACTIVITY BOND PROGRAM RULES [Repealed eff. 03/17/2017] {#sec-8-ccr-1308-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1308-1}

DEPARTMENT OF LOCAL AFFAIRS

Private Activity Bond Program PRIVATE ACTIVITY BOND PROGRAM RULES - Repealed eff. 03/17/2017 8 CCR 1308-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule repealed eff. 03/17/2017.

1309 Colorado Emergency Planning Commission

8 CCR 1309-1 FILING TIER II REPORTS ELECTRONICALLY [Repealed eff. 10/30/2015] {#sec-8-ccr-1309-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1309-1}

DEPARTMENT OF LOCAL AFFAIRS

Colorado Emergency Planning Commission FILING TIER II REPORTS ELECTRONICALLY - Repealed eff. 10/30/2015 8 CCR 1309-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] _________________________________________________________________________ Editor’s Notes

History Entire rule eff. 12/01/2010.

Entire rule repealed eff. 10/30/2015.

Code of Colorado Regulations — Department of Local Affairs

1301 Board of Assessment Appeals

8 CCR 1301-1 Procedures of Practice and Procedures of Review {#sec-8-ccr-1301-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1301-1}

1302 Division of Housing

8 CCR 1302-1 FACTORY BUILT HOUSING CONSTRUCTION CODE AND MULTIPLE DWELLING CODE [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-1}

8 CCR 1302-2 RESOLUTION NO..26 - RECREATIONAL AND PARK TRAILER VEHICLES [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-2 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-2}

8 CCR 1302-3 RESOLUTION NO. 25 - FACTORY BUILT HOUSING [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-3 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-3}

8 CCR 1302-4 RESOLUTION NO. 10 - MANUFACTURED HOME CONSTRUCTION STANDARDS AND PROCEDURAL REGULATIONS [Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018] {#sec-8-ccr-1302-4 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-4}

8 CCR 1302-5 RESOLUTION NO. 23 - LIMITS FOR REVOLVING LOAN PROGRAM [Repealed eff. 04/14/2019] {#sec-8-ccr-1302-5 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-5}

8 CCR 1302-6 RESOLUTION NO. 24 - FACTORY BUILT NONRESIDENTIAL STRUCTURE [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-6 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-6}

8 CCR 1302-7 RESOLUTION NO. 38 - MANUFACTURED HOUSING INSTALLATIONS [Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018] {#sec-8-ccr-1302-7 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-7}

8 CCR 1302-8 RESOLUTION NO. 36 - ON-SITE CONSTRUCTION AND SAFETY CODES FOR MOTELS, HOTELS AND MULTI-FAMILY DWELLINGS IN THOSE AREAS OF THE STATE WHERE NO SUCH STANDARDS EXIST [Repealed eff. 07/01/2018] {#sec-8-ccr-1302-8 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-8}

8 CCR 1302-9 RESOLUTION NO. 27 - HOME INVESTMENT TRUST FUND - SHORT TERM LOANS [Repealed eff. 03/30/2016] {#sec-8-ccr-1302-9 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-9}

8 CCR 1302-10 RESOLUTION NO. 29 - ON-SITE CONSTRUCTION AND SAFETY CODES [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-10 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-10}

8 CCR 1302-11 RESOLUTION NO. 35 - FACTORY BUILT NONRESIDENTIAL STRUCTURES [Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018] {#sec-8-ccr-1302-11 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-11}

8 CCR 1302-12 RESOLUTION NO. 34 - FACTORY BUILT HOUSING [Repealed and recodified as 8 CCR 1302-14 eff. 07/01/2018] {#sec-8-ccr-1302-12 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-12}

8 CCR 1302-13 RESOLUTION NO. 32 - RECREATIONAL AND PARK TRAILER VEHICLES [Repealed eff. 11/30/2003] {#sec-8-ccr-1302-13 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-13}

8 CCR 1302-14 Non-Residential and Residential Factory-Built Structures and Tiny Homes; Sellers of Manufactured Homes and Tiny Homes; Manufactured Home, Tiny Home, and Multi-Family Structure Installations {#sec-8-ccr-1302-14 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-14}

8 CCR 1302-15 Mobile Home Park Oversight Program {#sec-8-ccr-1302-15 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-15}

8 CCR 1302-16 Housing Investment Trust Fund Income Limits and Definition of a Single Person as an Eligible Entity for Assistance {#sec-8-ccr-1302-16 omnilex-key=us-co-regs-official--department-12--8 CCR 1302-16}

1304 Division of Property Taxation

8 CCR 1304-1 RULES AND REGULATIONS GOVERNING PERSONAL PROPERTY DEDUCTION, VALUATION AND DEPRECIATION OF MOBILE HOMES [Repealed eff. 12/30/2016] {#sec-8-ccr-1304-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1304-1}

8 CCR 1304-2 Rules and Regulations for Exempt Properties {#sec-8-ccr-1304-2 omnilex-key=us-co-regs-official--department-12--8 CCR 1304-2}

1306 Division of Local Government

8 CCR 1306-1 NON-RATED PUBLIC SECURITIES REPORTING - Repealed eff. 12/02/02 {#sec-8-ccr-1306-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1306-1}

8 CCR 1306-2 PARTIAL REIMBURSEMENT OF WASTE TIRE PROCESSING AND USAGE - Repealed eff. 01/14/2012 {#sec-8-ccr-1306-2 omnilex-key=us-co-regs-official--department-12--8 CCR 1306-2}

8 CCR 1306-3 Conservation Trust Fund Administration, Including Monitoring, Enforcement and Guidance Regarding Allowable Expenditures (c.r.s. 29-21-101) {#sec-8-ccr-1306-3 omnilex-key=us-co-regs-official--department-12--8 CCR 1306-3}

8 CCR 1306-4 Peace Officer Mental Health Support Grant Reporting Requirements {#sec-8-ccr-1306-4 omnilex-key=us-co-regs-official--department-12--8 CCR 1306-4}

1307 SAR Advisory Board

8 CCR 1307-1 BACKCOUNTRY SEARCH AND RESCUE [Repealed eff. 09/14/2023] {#sec-8-ccr-1307-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1307-1}

1308 Private Activity Bond Program

8 CCR 1308-1 PRIVATE ACTIVITY BOND PROGRAM RULES [Repealed eff. 03/17/2017] {#sec-8-ccr-1308-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1308-1}

1309 Colorado Emergency Planning Commission

8 CCR 1309-1 FILING TIER II REPORTS ELECTRONICALLY [Repealed eff. 10/30/2015] {#sec-8-ccr-1309-1 omnilex-key=us-co-regs-official--department-12--8 CCR 1309-1}

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