Colorado Revised Statutes Title 24. Government State § 24-32-3317. Installation of manufactured homes--certificates--inspections--inspector qualification and education requirements--rules

(1) Before beginning the installation of a manufactured home, the owner or registered installer of a manufactured home must submit a request to the division and receive an installation authorization from the division on a division-approved form, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor, in which case the owner or registered installer is to follow the local government's process for receiving authorization to install a manufactured home.

(2) The division may certify any installer who provides evidence of five or more installations of manufactured homes performed by the installer for which installation authorizations have previously been issued pursuant to this section when, in the judgment of the division, the installer has demonstrated the ability to successfully complete installations of manufactured homes in accordance with the requirements of this part 33.

(2.3) An installer certified by the division is not required to obtain an installation authorization from the division, but is required to obtain authorization to install a manufactured home from any local government participating as an independent contractor. An installation insignia issued by the division is to be affixed on the manufactured home by the certified installer upon completion of the installation of the manufactured home in accordance with the requirements of this part 33 and board rules in any jurisdiction not participating as an independent contractor.

(2.5) The division or independent contractor will affix an installation insignia upon passing an inspection of an installation that was completed in accordance with the requirements of this part 33 and board rules. A local government participating as an independent contractor is to authorize, inspect, and certify all installations occurring in its jurisdiction on behalf of the division, including any performed by a certified installer.

(2.7) Any installations certified on behalf of the division by a certified installer or independent contractor must be reported to the division in a manner specified by the division.

(2.9) The division or independent contractor at the request of the division may, at the division's sole discretion, inspect the installation of any manufactured home performed by a certified installer pursuant to this subsection (2.9) and may require the certified installer to correct, within a period established by rule promulgated by the board, any defects or deficiencies in the installation. The division may revoke the certification of any installer certified pursuant to this subsection (2.9) when, in the judgment of the division, the installer has performed installations of a manufactured home in violation of the requirements of this part 33. Any installer whose certification has been so revoked may apply for recertification in accordance with rules promulgated by the division.

(4) An owner or a registered installer must display an installation authorization at the site of a manufactured home to be installed until an installation insignia is issued by the division or independent contractor, unless the installation is occurring in a jurisdiction where a local government is participating as an independent contractor, in which case the owner or registered installer is to follow the local government's process for identifying a manufactured home to be installed until the division's installation insignia is issued by the local government.

(6) In addition to inspections performed pursuant to subsection (2.9) of this section, the division or the independent contractor that performs inspections and enforcement of proper installation of manufactured homes may inspect the installation of a manufactured home upon request filed by the owner, installer, manufacturer, or seller of the manufactured home. The inspection must be paid for by the party that requested the inspection.

(7) If the installation of a manufactured home by an installer has failed the inspection conducted by the division or the independent contractor and it is determined by the division or the independent contractor that the installer has violated any of the installation standards promulgated by the division, the installer must reimburse the party requesting the inspection for the cost of the failed inspection and must pay for any subsequent repairs necessary to bring the installation into compliance with the manufacturer's instructions or standards promulgated by the division. The installer must also pay for any subsequent inspections required by the division or the independent contractor. Failure of the installer to pay for any inspections or subsequent repairs deemed necessary by the division or the independent contractor shall result in the forfeiture of the installer's performance bond on behalf of the owner of the manufactured home.

(8) The division may authorize an independent contractor to perform inspections and enforcement of proper installation of manufactured homes. The division may provide training for independent contractors. Independent contractors must be certified by the division to perform installation inspections. The division must establish by rule the qualifications of an inspector and the areas of expertise necessary for inspecting manufactured homes. On and after July 1, 2008, a new inspector must pass a division-approved installation test. The qualifications for an inspector include but are not limited to those of a professional civil engineer or local housing inspector or independent contractor. Commencing in 2009, inspectors must also complete, and maintain records of the completion of division-approved education as established by the board through rulemaking.

(9) If an installation or subsequent repair of an installation by an installer fails to meet the standards promulgated by the division within a period determined by the division, the division must investigate the actions of the installer. The division may revoke, suspend, or refuse to renew the registration or certification of the installer for failing to comply with the division's standards regarding installation of a manufactured home. Any independent contractor that knows of an installer whose installations fail inspection and have not been cured by subsequent repair must request that the division investigate the installer.

(10) The board must adopt rules concerning: