As used in this part 33, unless the context
otherwise requires:
(1) Authorized quality assurance representative means any quality
assurance representative approved by the division pursuant to section 24-32-3303
(1)(c).
(2) Board means the state housing board created in section 24-32-706.
(3) Certificate of installation means a certificate issued by the division for
an installation that complies with this part 33 and rules that the board adopts under
this part 33.
(4) Certified installer means an installer of manufactured homes or tiny
homes that:
(a) Is registered with the division;
(b) Has installed at least five manufactured homes or tiny homes in
compliance with the manufacturer's instructions or standards created by the
division pursuant to this part 33; and
(c) Has been approved by the division for certified status.
(5) Repealed.
(6) Defect means any deviation in the performance, construction,
components, or material of a manufactured home, tiny home, or factory-built
structure that renders the manufactured home, tiny home, or factory-built structure
or any part of the manufactured home, tiny home, or factory-built structure not fit
for the ordinary use for which it was intended.
(6.5) Delivery means, for purposes of section 24-32-3325, at a location
agreed to by the seller and purchaser.
(7) Repealed.
(8) Division means the division of housing created in section 24-32-704.
(9) Factory-built nonresidential structure means any structure or
component, including any closed panel system, designed primarily for commercial,
industrial, or other nonresidential use, either permanent or temporary, including a
manufactured unit that is wholly or in substantial part made, fabricated, formed, or
assembled in manufacturing facilities for installation or assembly and installation
on a permanent or temporary foundation at the building site.
(10) Factory-built residential structure means a manufactured home,
including any closed panel system, constructed to the building codes adopted by
the board and designed to be installed on a permanent foundation, except for
homes constructed to a federal manufactured home construction and safety
standard and any home designated as a mobile home.
(11) Factory-built structure means:
(a) A factory-built nonresidential structure;
(b) A factory-built residential structure; and
(c) A factory-built tiny home.
(12) Federal act means the National Manufactured Housing Construction
and Safety Standards Act of 1974, 42 U.S.C. sec. 5401 et seq.
(13) Federal manufactured home construction and safety standard means
any standard promulgated by the secretary of the United States department of
housing and urban development pursuant to the federal act.
(14) Imminent safety hazard means an imminent and unreasonable risk of
death or severe personal injury.
(15) Independent contractor means a local government, individual, private
firm, housing inspector, or engineer who has been approved by the division to
perform or enforce installation inspections.
(16) (a) Installation means the placement of a manufactured home or tiny
home on a permanent or temporary foundation system.
(b) Installation includes supporting, blocking, leveling, securing, or
anchoring the home and connecting multiple or expandable sections of the home.
(17) Installer means any person or business entity authorized to perform
the installation of:
(a) A manufactured home, which includes multifamily structures, for those
with the knowledge, experience, and skills to do so; or
(b) A tiny home.
(18) Local government means the government of a town, city, county, or
city and county that is the designated authority charged with the administration
and enforcement of local building codes.
(19) Manufacture means the process of making, fabricating, constructing,
forming, or assembling a product from raw, unfinished, or semi-finished materials.
(20) Manufactured home means any preconstructed building unit or
combination of preconstructed building units or closed panel systems that:
(a) Includes electrical, mechanical, or plumbing services that are fabricated,
formed, or assembled at a location other than the site of the completed home;
(b) Is designed for residential occupancy in either temporary or permanent
locations;
(c) Is constructed in compliance with the federal act, factory-built residential
requirements, including those for multi-family structures, or mobile home
standards;
(d) Is not self-propelled; and
(e) Is not licensed as a recreational vehicle.
(21) Manufactured home construction means all activities relating to the
assembly, manufacture, major repair, or alteration of a manufactured home,
including but not limited to activities relating to durability, quality, and safety.
(22) Manufactured home safety means the performance of a manufactured
home in such a manner that the public is protected against any unreasonable risk of
occurrence of accidents due to the design or construction of the manufactured
home or any unreasonable risk of death or injury to the user or to the public if
accidents do occur.
(23) Manufacturer means any person who constructs or assembles a
manufactured residential or nonresidential structure in a factory or other off-site
location.
(24) Mobile home means a manufactured home built prior to the adoption
of the federal act.
(24.5) Mobile home park has the meaning set forth in section 38-12-201.5
(6).
(25) Modular home means a factory-built residential structure.
(26) Owner means the owner of a manufactured home or tiny home.
(26.5) Permanent foundation means a structure that is designed or
intended to:
(a) Support a building from underneath;
(b) Keep a building firmly affixed to the ground;
(c) Prevent the building from moving; and
(d) Not be removed from the ground or building.
(27) Principal means an officer of a corporation, a member of a limited
liability company, a general partner of a partnership, the sole proprietor of a sole
proprietorship, or any other person who has a financial interest of ten percent or
more in any legal or commercial entity.
(28) Production review means an evaluation of a manufacturer and a
facility's ability to follow approved plans, standards, codes, and quality control
procedures during manufacture.
(29) Purchaser means a person purchasing a manufactured home or tiny
home if either is purchased in good faith for purposes other than resale.
(30) Quality assurance representative means any state, firm, corporation,
or other entity that proposes to conduct production reviews, evaluate a
manufacturer's quality control procedures, and perform design evaluations.
(31) Registered installer means an installer who has registered with the
division, but who has not applied for and been approved by the division for certified
status.
(32) Secretary means the secretary of the United States department of
housing and urban development.
(32.5) Seller means any person engaged in the business of selling
manufactured homes to be installed in Colorado or tiny homes to be occupied or
installed in Colorado.
(33) Site means the entire tract, subdivision, or parcel of land on which
manufactured homes or tiny homes are installed.
(34) Temporary foundation means a structure that is designed or intended
to:
(a) Support a building from underneath;
(b) Keep a building firmly affixed to the ground;
(c) Prevent the building from moving; and
(d) Be removable from the ground or building.
(35) (a) Tiny home means a structure that:
(I) Is permanently constructed on a vehicle chassis;
(II) Is designed for long-term residency;
(III) Includes electrical, mechanical, or plumbing services that are fabricated,
formed, or assembled at a location other than the site of the completed home;
(IV) Is not self-propelled; and
(V) Has a square footage of not more than four hundred square feet.
(b) Tiny home does not include:
(I) A manufactured home;
(II) A recreational park trailer as defined in section 24-32-902 (8);
(III) A recreational vehicle as defined in section 24-32-902 (9);
(IV) A semitrailer as defined in section 42-1-102 (89); or
(V) An intermodal shipping container.