§ 24-32-3309 — Fees - building regulation fund - rules

(1) (a) (I) The board, by
rule, shall establish a schedule of fees designed to pay all direct and indirect costs
incurred by the division in carrying out and enforcing this part 33; except that the
amount of the registration fee for installers is limited to the amount specified in
section 24-32-3315 (5) and the amount of the registration fee for sellers is limited
to the amount specified in section 24-32-3323 (3).

(II) Before the board establishes the schedule of fees, the division, for the
board's consideration, shall gather information regarding the fees charged by:

(A) Colorado local governments for the inspection and certification of
improvements to residential real property that are not manufactured homes or tiny
homes; and

(B) Governmental entities outside of Colorado for the inspection and
certification of manufactured homes or tiny homes.

(III) The fees must be paid to the division and transmitted to the state
treasurer, who shall credit the fees to the building regulation fund, which fund is
hereby created in the state treasury and referred to in this section as the fund.
The state treasurer shall credit all interest derived from the deposit and investment
of money in the fund to the fund. Except as otherwise provided in subsection (2) of
this section, at the end of any fiscal year, all unexpended and unencumbered money
in the fund remains in the fund and must not be credited or transferred to the
general fund or any other fund or used for any other purpose other than to offset
the costs of implementing, administering, and enforcing this part 33.

(b) Notwithstanding any provision of this section to the contrary:

(I) On June 1, 2009, the state treasurer must deduct one million one hundred
one thousand three hundred forty-nine dollars from the fund and transfer such sum
to the general fund;

(II) On April 1, 2015, the state treasurer must deduct three hundred thousand
dollars from the general fund and transfer such sum to the fund;

(III) On July 1, 2016, the state treasurer must deduct two hundred thousand
dollars from the general fund and transfer such sum to the fund; and

(IV) On July 1, 2025, the state treasurer shall deduct six hundred thousand
dollars from the innovative housing incentive program fund created in section 24-48.5-132 (5)(a) and transfer the money to the fund.

(2) In addition to being used to offset the costs of implementing and
administering this part 33 as specified in subsection (1) of this section, money in the
fund may be expended:

(a) To provide education and training to manufacturers, sellers, installers,
building department employees, elected officials, and, as appropriate, other
persons affected by the mobile home, manufactured home, tiny home, and factory-built structure industry regarding the building codes and state program
requirements applicable to mobile homes, manufactured homes, tiny homes, and
factory-built structures within the state;

(b) To provide consumer training throughout the state that will help a
consumer make informed decisions when purchasing or considering the purchase
of a mobile home, manufactured home, tiny home, or factory-built structure; and

(c) To provide education and grants that will help manufacturers, sellers,
installers, owners, and, as appropriate, other parties affected by the mobile home,
manufactured home, tiny home, and factory-built structure industry address safety
issues that affect mobile homes, manufactured homes, tiny homes, and factory-built structures.

Legislative History

Source: L. 2003: Entire part added, p. 539, � 2, effective March 5. L. 2006: Entire section amended, p. 1353, � 1, effective August 7. L. 2009: (1) amended, (SB 09-279), ch. 367, p. 1928, � 12, effective June 1. L. 2015: (1)(b) amended, (SB 15-112), ch. 13, p. 32, � 1, effective March 13. L. 2021: Entire section amended, (HB 21-1019), ch. 122, p. 470, � 9, effective September 7. L. 2022: (1)(a) and (2) amended, (HB 22-1242), ch. 172, p. 1122, � 8, effective August 10. L. 2025: (1)(b)(II) and (1)(b)(III) amended and (1)(b)(IV) added, (SB 25-002), ch. 172, p. 720, � 10, effective May 8.