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Every manufactured home installed after the effective date of this chapter that is installed in a temporary or permanent location and is designed and commonly used for occupancy by persons for residential purposes, must display an insignia issued by the state’s Division of Housing certifying that the unit is installed in compliance with the standards adopted in § 152.006 of this chapter.
(Prior Code, § 515.1) (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
For the purpose of this chapter, the following definitions shall apply unless the context clearly requires a different meaning.
CERTIFICATE OF OCCUPANCY. Both a certificate issued by the Division of Housing for the installation of a manufactured home that is in compliance with the manufactured home installation requirements of the Division and a certificate issued by the town that indicates the installation has met the requirements of the Land Development Code of the town.
CERTIFIED INSPECTOR. Any employee of the town or a person designated by the Town Manager who has been approved by the Division to perform or enforce installation inspections.
CERTIFIED INSTALLER. An installer of manufactured home who is registered with the Division of Housing has installed at least five manufactured homes in compliance with the manufacturer’s instructions or standards created by the Division of Housing and adopted by the town by this code, and is currently approved as a certified installer by the Division.
DIVISION. The Colorado Division of Housing.
INSIGNIA. A certificate issued by the Division of Housing to indicate compliance with the manufactured home installation regulations established by the state’s Housing Board.
INSTALLATION. The placement of a manufactured home on a permanent or temporary foundation system. Such term includes, without limitation, supporting, blocking, leveling, securing or anchoring such home and connecting multiple or expandable sections of such home.
INSTALLER. Any person who performs the installation of a manufactured home.
INSTALLER’S CERTIFICATE. A notice when posted on the site of an installation that the installer has made application to install a manufactured home and has received authorization to install. The INSTALLER’S CERTIFICATE shall be referred to as the INSTALLATION CERTIFICATE.
MANUFACTURED HOME. Any pre-constructed building unit or combination of pre-constructed building units, without motive power, where such unit or units are manufactured in a factory or at a location other than the residential site of the completed home, which is designed and commonly used for the occupancy by persons for residential purposes, in either temporary or permanent locations and which unit or units are not licenses as a vehicle. MANUFACTURED HOME includes mobile homes, manufactured homes built to HUD standards and factory-built units built to the Building Code standards established by the Division.
MANUFACTURER. Any person who constructs or assembles a manufactured home in a factory.
OWNER. The owner of a manufactured home or property.
PARTICIPATING JURISDICTION. The town which has agreed to administer and inspect manufactured housing installations within the legal boundaries of its jurisdiction.
REGISTERED INSTALLER. An installer who has registered with the Division and is in compliance with the manufactured home installation program requirements.
(Prior Code, § 515.2) (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
(A) C.R.S. § 24-32-3315 requires any installer in Colorado shall first register with the Division.
(B) The installer shall be responsible for the proper and competent performance of all employees working under his or her supervision.
(C) Temporary installation for the purpose of a home display which will be relocated to another location prior to use as a residence is exempted from this chapter.
(D) (1) A person who owns the manufactured home or the real property where the home is to be installed, is not required to register as an installer with the Division, but shall comply with all provisions of this chapter other than registration provisions.
(2) A person who installs more than one manufactured home in a 12-month period either owned or on real property owned by such person must register as an installer and shall comply with all registration provisions.
(E) In order to be registered as a manufactured home installer, pursuant to C.R.S. § 24-32-3315, the Division requires:
(1) The applicant shall be at least 18 years of age;
(2) An application for registration or certification as a manufactured home installer by the Division, whether initial or renewal, shall be submitted on a form provided by the Division and shall be notarized and verified by a declaration signed under penalty of perjury by the applicant. The Division shall make the application and declaration available to the public;
(3) At the same time that an application for registration is filed with the Division, the following must be submitted:
(a) Proof in the form of a copy of a valid driver’s license or certificate of birth that the applicant is at least 18 years of age;
(b) Written evidence of a minimum 12 months of installation experience under direct supervision of a registered or certified installer; or equivalent training experience acceptable to the Division;
(c) Carry and provide proof of a contractor’s liability insurance in an amount set by the Division, but not less than $1,000,000. The insurance policy shall contain a provision for the immediate notification of the Division upon cancellation;
(d) A letter of credit, certificate of deposit issued by a licensed financial institution or surety bond issued by an authorized insurer in the amount of $10,000 for the performance of installations pursuant to the manufacturer’s instructions or standard promulgated by the Division and adopted by reference in § 152.006 of this chapter. A provision shall be included for the immediate notification of the Division upon cancellation;
(e) Written evidence of completion of eight hours of Division-approved installation education; and
(f) Shall pass a Division-approved installation test.
(4) Persons employed by a registered or certified installer, as well as persons employed by a legal or commercial entity employing a registered or certified installer, when performing installation functions under the direct on-site supervision of such installers are not required to register. The registered installer shall be responsible for supervising all employees and for the proper and competent performance of all employees working under his or her supervision;
(5) A registration issued by the Division, pursuant to this section, shall be valid for one year from the date of issuance and shall not be transferred nor assigned to another person.
(a) If any of the application information for the registered installer changes after the issuance of a registration, the registered installer shall notify the Division in writing within 30 days from the date of the change.
(b) The Division may suspend, revoke or deny renewal of a registration if the registered installer fails to notify the Division of any change in the application.
(c) Any registered or certified installer seeking to renew registration with the Division shall, at the time of applying for renewal, provide proof of liability insurance, proof of completion of eight hours of Division-approved installation education within the past 12 months, and letter of credit, certificate of deposit or surety bond for the registration term in compliance with divisions (E)(2) and (E)(4) above.
(6) The amount of the registration fee shall be no more than $250. If any of the application information for the registered installer changes after the issuance of a registration, the registered installer shall notify the Division in writing within 30 days from the date of the change. The Division may suspend, revoke or deny renewal of a registration if the registered installer fails to notify the Division of any change in the application.
(Prior Code, § 515.3) (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
(A) (1) Any registered installer who has performed five installations that have passed inspection by the Division or certified inspectors may apply to the Division for certification.
(2) The Division shall issue certification to qualified registered installers.
(3) The Division shall not charge a fee for certification of installers.
(B) The Division may certify any installer who provides evidence of five or more installation of manufactured homes performed by such installer.
(1) Evidence of installation shall include copies of all inspection reports made for each installation made by the Division or a certified installation inspector.
(2) If, in the judgment of the Division, such installer has demonstrated the ability to successfully complete installations of manufactured homes in accordance with the requirements, certification will be granted.
(3) If the review of the evidence of the installations does not clearly demonstrate the ability to successfully complete installations in accordance with the requirements, the Division may require additional installations to be performed and reviewed prior to granting certification.
(C) A certified installer may purchase from the Division, manufactured home installation certification insignias.
(1) These insignias will be completed by the certified installer upon completion of the installation of the manufactured home and attached to the manufactured home within 30 inches of the electrical service entrance.
(2) The certified installer shall make required insignia reports to the Division and shall provide copies of such reports to the town.
(D) Installations by a certified installer do not require an inspection by the Division, a certified inspector or the town.
(1) Any certified installer installing a manufactured home in the town shall provide a copy of the certified installer installation authorization to the town prior to beginning installation.
(2) Nothing in this section relieves the certified installer, manufactured housing unit owner or property owner from meeting all requirements of the Land Development Code of the town.
(Prior Code, § 515.4 (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
(A) The town has elected to participate in the state’s Manufactured Housing Installation Program and, therefore, will provide all inspection of manufactured housing installations within its jurisdiction, except those provided by a certified installer as described in § 152.004 of this chapter.
(B) The town may, if a certified installer is not presently employed by the town, or is not available to complete an installation inspection, request the Division or a certified inspector to complete the installation inspection.
(Prior Code, § 515.5) (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
(A) The Division has adopted standards to be used state-wide for the installation, inspection and enforcement of the installation of manufactured homes. A local government unit may not adopt less stringent standards for the installation of a manufactured home than those adopted by the Division.
(B) Pursuant to the standards adopted by the Division, the following standards shall be adopted by the town.
(1) The primary standard as required for all new homes shall be the home manufacturer’s written installation instructions.
(2) Alternate standard when the home manufacturer’s written installation instructions are not available shall be adopted as follows.
(a) Adoption of the Permanent Foundations Guide for Manufactured Housing, 1996 Edition.
1. Pursuant to C.R.S. §§ 31-16-201 et seq., as amended, there is hereby adopted as the Manufactured Home Installation Code of the town for manufactured home being installed on a permanent foundation when the manufacturer’s written installation instructions are not available.
2. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the installation of manufactured homes on permanent foundations when the home manufacturer’s written instructions are not available while meeting the requirements of C.R.S.§ 24-31-3316, in the town.
(b) Adoption of the NCSBCS/ANSI A225.1, 1994/1999 Edition.
1. Pursuant to C.R.S. §§ 31-16-201 et seq., as amended, there is hereby adopted as the Manufactured Home Installation Code of the town for manufactured home being installed on a temporary foundation when the manufacturer’s written installation instructions are not available.
2. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the installation of manufactured homes on temporary foundations when the home manufacturer’s written instructions are not available while meeting the requirements of C.R.S. Title 24, Art. 32, part 31, in the town.
(3) When alternate standards are used for the installation, inspection and enforcement of the installation of a manufactured home, the applicant for installation authorization shall submit a plan for installation for review by the town.
(a) The alternate standard for temporary foundation sets is the NFPA 225, 2013 Edition, as amended. Site-built permanent foundations must be built in accordance with Town Building Department requirements and must be engineered or built to conform with the alternate standard for permanent foundation sets, which is the September 1996 Edition or most recent version of the HUD Permanent Foundations Guide for Manufactured Housing.
(b) The Board of Trustees shall have the authority to establish a fee structure for such plan review.
(c) All plans submitted shall meet the requirements establish in the alternative code applicable to the project including requirements for engineering and sealing of plans.
(4) No manufactured home shall be installed which does not meet the following minimums:
(a) Wind Zone: Zone 1;
(b) Thermal Zone 3; and
(c) Roof load: 30 psi.
(Prior Code, § 515.6) (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
(A) The Division shall adopt a standard installation authorization to be used statewide, including a standard inspection form and minimum inspection form requirements.
(B) Prior to beginning the installation of a manufactured home, the owner, registered or certified installer of a manufactured home or property owner shall make an application for an installation authorization from the town.
(1) At the time of application for an installation authorization, if the primary standard for the installation shall be used, the manufacturer’s written installation instructions shall by submitted to the town.
(2) If the primary standard is not being used, the town shall determine the appropriate alternate standard to be used.
(3) The Board of Trustees of the town shall of the authority to adopt a fee schedule for installation program fees including insignia fees, inspection fees and re-inspection fees.
(C) Owners, registered installers, certified installers and property owners shall display an installation authorization at the site of the manufactured home certifying compliance.
(1) Each authorization for installation will contain the identity of the installer and owner as well as phone number and contact person and identify the installer as owner, registered or certified.
(2) The certificate shall also include the name, address and telephone number of the town as the agency issuing the installation authorization.
(D) If the primary standard is being used to install the manufactured home, a copy of the manufacturer’s instructions shall be available at the time of installation and inspection.
(1) The installer is responsible to maintain a copy of the manufacturer’s instructions at the installation site.
(2) Whenever the manufacturer’s instructions are not present at the time of inspection, the inspector may reschedule the inspection.
(3) All costs of the inspection and the following re-inspection will be borne by the installer.
(E) The owner, installer, manufacturer or retailer shall have the right to be present at any inspection.
(F) All manufactured homes that are found to be in compliance with installation standards shall have an insignia of installation completed and permanently attached by the inspector making the inspection. Installation made by a certified installer may be inspected and certified by the installer. Such installations do not require inspection by the town. The certified installer shall complete and permanently attach an insignia when the installation is complete and make insignia reports to the town as required.
(G) When a manufactured home installation is not found in compliance with the applicable manufacturer’s instructions or the installation standard, the installer shall be notified in writing by the inspector.
(1) The inspector may at the time of 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.
(2) The installer shall pay for any repairs required to bring the installation into compliance, including any subsequent inspections required.
(3) If a vacant manufactured home fails the installation because of conditions that endanger the health and safety of the occupant, the manufactured home shall not be occupied and the manufactured home shall be visibly posted with notification to prevent occupancy.
(4) If the manufactured home fails the installation inspection because of conditions that do not endanger the health or safety of the occupant, the manufactured home may be occupied pending the correction of those defects or deficiencies that served as the basis of the failed inspection.
(H) Application of the certification insignia is evidence that permanent utilities may be installed.
(I) Permanent insignia application is required prior to occupancy of the home.
(J) 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 shall notify the installer that the installation is in default.
(1) The installer shall be given ten working days after notification of default to bring the installation into compliance.
(2) The town may request that the Division investigate the installation.
(3) The Division may revoke, suspend or fail to renew the registration or certification of the installer and cause the forfeiture of the installer’s surety bond on behalf of the owner of the manufactured home for failing to comply with the Division’s and town’s standards regarding installation of a manufactured home.
(Prior Code, § 515.7) (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
(A) The Division and/or the town may investigate complaints filed by owners, occupants, dealers, manufacturers or other parties relating to the installation of manufactured homes as necessary to enforce and administer these regulations.
(B) In addition to the required inspections, the Division may inspect the installation of a manufactured home upon written complaint filed by the owner installer, manufacturer or dealer of a manufactured home.
(1) The requesting party shall pay for the inspection prior to the Division’s inspection.
(2) Homeowners are exempt from paying inspection fees.
(C) The town shall file a written complaint with the Division against any installer who has been notified that the installation is in default.
(D) If the installation of a manufactured home by an installer fails the requested complaint inspection, the installer shall reimburse the Division for the cost of the failed inspection.
(E) The installer shall also pay for any subsequent repairs necessary to bring the installation into compliance with the manufacturer’s instructions or standards.
(F) The installer shall also pay for any subsequent inspections required by the Division.
(G) Failure of the installer to pay for any inspections or subsequent repairs deemed necessary by the Division shall result in the revocation of registration and/or forfeiture of the installer’s performance bond on behalf of the owner of the manufactured home.
(Prior Code, § 515.8) (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
(A) The Division may suspend or revoke the registration or certification of an installer if the person fails to:
(1) File with the Division and keep in force a letter of credit, certificate of deposit or surety bond as required;
(2) File with the Division and keep in force required liability insurance;
(3) Pay assessed inspection costs; or
(4) Make any subsequent repairs that are necessary to bring the installation into compliance with the manufacturer’s instructions or the standards promulgated by the Division and described in the code.
(B) The Division may temporarily suspend a registration or certification if proof of insurance or surety bond has expired.
(C) (1) The Division may revoke the certification of a certified installer and replace it, at the Division’s discretion, with the status of registered installer.
(2) All unused installation insignias must be returned to the Division immediately and the installer will lose the right to purchase and install insignias.
(D) When the Division revokes a registration or certification, the installer may reapply as a registered or certified installer one year after the date of revocation.
(E) Installers whose registration or certification has been revoked or suspended may appeal the Division’s decision to the state’s Housing Board for reinstatement.
(Prior Code, § 515.9) (Ord. 464, passed 8-2-2002; Ord. 584, passed 10-1-2015)
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