Colorado Tiny Home Rule-Making HB22-1242

Implementing Tiny Home Regulation In Colorado ​

I have been monitoring the Colorado TAC calls that are discussing the implementation of HB22-1242. The rule-making will affect manufacturers in Colorado and out-of-state manufacturers that ship to the state of Colorado.

In a nutshell, the state is creating a legal path for tiny homes on wheels that will be built for long-term residency that will be hooked up to utilities and be on a permanent or temporary foundation.

To help everyone get up to speed and follow the process, I have consolidated a lot of the information on this page, which I will keep adding to.
The beginning of the calls are open to the public.

Relevant Documents And Videos Scroll Down For The Following:

  • HB22-1242 Bill Summary
  • HB22=1242
  • Administrative Rules
  • C.R.S. 24-32-3301C.R.S. 24-32-3301
  • Videos Of TAC Calls
  • 11/29/22 PDF Of Schedule
  • Public Notice:How To Attend The Calls
 
 

Note: Before you attend the calls, it is important to review the documents that are included here that Mo refers to on the TAC calls. On the Dec. 6th, 2022, Mo announced that on future calls, they will stay focused on the agenda, and they will not be able to stop and educate everyone or answer questions that have already been addressed.


Do You Want To Attend The Calls?

Please send an email to Samuel W. Albrecht to be included on the list of contacts that will receive notifications of the TAC calls. Sam is attending and facilitating the calls with Mo.

Samuel W. Albrecht
Director,Office Of Regulatory Oversight
Colorado Department Of Housing
Division of Housing

1313 Sherman Street,  Denver, Colorado 80203

 

 

HB22-1242 Bill Summary

Colorado law regulates the manufacturers, sellers, and installers of manufactured homes. This regulation includes requirements for the installation of manufactured homes, contract and disclosure requirements, and the registration, escrow, reimbursement, bonding, and inspections of the manufacturers, installers, and sellers. In addition, the state housing board (board) sets standards for the proper manufacture and installation of manufactured homes. The board consults with an advisory committee when promulgating rules.

The act adds tiny homes, which are typically manufactured, to this regulation on substantially similar terms. This includes adding 2 representatives of the tiny home industry to the advisory committee. The board is given the duty to regulate foundations for manufactured homes, tiny homes, and factory-built structures where no construction standards otherwise exist. Manufacturers are required to meet bonding and escrow requirements, and standards are set for payment from the bond or escrow account.

Bill Summary

Announcement From Maulid Miskell

Maulid Miskell, who asks everyone to call him Mo, is the Deputy Division Director of Colorado Department Of Local Affairs

I am pleased to announce we have appointed new members to our Technical Advisory Committee (TAC) to fill the two tiny home industry positions. They are the following:
 
Tracy Manchego-Baker with Tiny Building Experts operating out of Colorado Springs, and 
Margarita Gonzalez with miniDwell operating out of Denver. 
 
We appreciate the efforts put in by all the applicants for these two positions and look forward to receiving input on effectively implementing House Bill 22-1242 from all interested stakeholders, not just those serving as current and new members on the TAC. Your voice will be heard, regardless of your position on or off the TAC.

Colorado HB 22-1242

Administrative Rules

C.R.S. 24-32-3301

 

  • Colorado Revised Statutes Annotated
  • Title 24 . Government – State (§§ 24-1-101 — 24-115-118)
  • Principal Departments (Arts. 30 — 36)
  • Article 32 .Department of Local Affairs (Pts. 1 — 36)
  • Part 33 . Regulation of Factory-Built Structures, Multi-Family Structures Where No Standards Exist, Manufactured Home Installations, And sellers of Manufactured Homes (§§ 24-32-3301 — 24-32-3329)

24-32-3301. Legislative declaration.

(1) The general assembly hereby finds, determines, and declares that mobile homes, manufactured housing, and factory-built structures are important and effective ways to meet Colorado’s affordable housing needs. The general assembly further finds and declares that, because of the housing crisis in Colorado, there is a need to promote the affordability and accessibility of new manufactured homes and factory-built structures. The general assembly encourages local governments to enact ordinances and rules that effectively treat factory-built structures certified through the state program and manufactured housing certified through the federal program the same as site-built homes. The general assembly further finds, determines, and declares that:

(a) The comprehensive regulation of the construction of factory-built structures to ensure safety, affordability, efficiency, and performance is a matter of statewide concern.
(b) The comprehensive regulation of the installation of mobile homes, manufactured homes, or tiny homes to ensure safety, affordability, efficiency, and performance is a matter of statewide and local concern.

(c) The protection of Colorado consumers who purchase manufactured homes or tiny homes from fraud and other unfair business practices is a matter of statewide concern and consumers can best be protected by:

(I) Requiring registration of persons engaged in the business of selling manufactured homes or tiny homes;
(II) Imposing escrow and bonding requirements upon persons engaged in the business of manufacturing or selling manufactured homes or tiny homes; and
(III) Requiring persons engaged in the business of selling manufactured homes or tiny homes to include specified disclosures and provisions in any contract for the sale of a manufactured home or tiny home.
(d) The imposition of registration requirements upon the sellers of manufactured homes or tiny homes by both the state and political subdivisions of the state would impose an undue burden upon the sellers of manufactured homes or tiny homes and discourage the sale of manufactured homes or tiny homes.
(e) The registration, escrow and bonding, and contract requirements imposed on the sellers of manufactured homes or tiny homes by this part 33 are exclusive, and a political subdivision of the state shall not impose any additional registration, escrow and bonding, or contract requirements on the sellers.
(f) The regulation of tiny homes is necessary to protect consumer safety and recognize tiny homes as an affordable housing alternative.

(2) The general assembly further declares that in enacting this part 33, it is the intent of the general assembly that the division establish, through the board, rules as it deems necessary to ensure:

(a) The safety, affordability, efficiency, and performance of factory-built structures;
(b) Consumer safety in the purchase of manufactured homes or tiny homes;
(c) The registration of installers and the creation of uniform standards for installation on a statewide basis;
(d) The safety, affordability, and performance of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist; and
(e) The safety of foundation systems for tiny homes, manufactured homes, and factory-built structures in areas of the state where no construction standards for tiny homes, manufactured homes, and factory-built structures exist.
(3) The general assembly further declares that the factory-built structure programs and tiny home programs administered and rules adopted under this part 33 apply only to a factory or work performed off site or work completed at the installation site, as reflected in the approved plans for the factory-built structure or tiny home.
(4) The general assembly further declares that the regulations in this part 33 are separate and distinct from the “Mobile Home Park Act” and the “Mobile Home Park Act Dispute Resolution and Enforcement Program” under parts 2 and 11 of article 12 of title 38.
 

History

Source: L. 2003:Entire part added, p. 532, § 2, effective March 5. L. 2007:(3) added, p. 434, § 1, effective August 3. L. 2021:IP(1), (1)(a), (1)(b), (1)(c)(II), (1)(e), (2)(a), (2)(d), and (3) amended and (4) added,(HB 21-1019), ch. 122, p. 465, § 1, effective September 7. L. 2022:IP(1), (1)(b), (1)(c), (1)(d), (1)(e), (2)(b), (2)(c), (2)(d), and (3) amended and (1)(f) and (2)(e) added,(HB 22-1242), ch. 172, p. 1116, § 1, effective August 10.

 

Nov. 1st, 2022

Nov. 15th, 2022

Nov. 29th, 2022

Dec. 6th, 2022

Jan. 17, 2023

Colorado State Housing Board

Scroll Down To 2022 Meeting Notices And Agendas 
Colorado Department Of Local Affairs

 

I will keep adding to this page, stay tuned.

Eric Fried's Review Of The ITHP

Janet Thome's Suggestions

The Battle For Tiny Houses

There has been a secret standards war raging in the undercurrents of the tiny house industry that I will not be silent about anymore.  For almost two years I have written with diplomacy and tried to take the high road no matter what was going on.  There is too much at stake to be silent now. We have been fought by both corporate and special interest groups.

Both the Tiny Home Industry ( THIA) and the International Code Council (ICC ) who are intertwined on the same board and committee worked to disrupt the approval of the ASTM Tiny House Committee with unfounded claims of duplication that stalled the final approval for a year and resulted in not being able to meet the Colorado deadline for standards.
Learn More

 

While the ASTM tiny houses committee was stalled, THIA and ICC came out with two publications, the Tiny House Model Legislation and the 2021 International Tiny House Provisions ( ITHP) that both THIA and ICC can sell.

The Publication Was Back-Dated To 2021

Note:  It is important to note that the publication was back-dated to 2021 and the standards that are being promoted, ICCMB1 1200 and 1205 are American standards.  They have removed all tiny house terminology after the disapproval at the 2024 hearing with the notion that tiny houses are ”inclusive”. The publication came out 6 days before the ICC/ASTM COTCO hearing addressing the duplication claim of ICC that objected to the COTCO approval of a new ASTM tiny house committee to develop and maintain standards specific to tiny houses. The main basis of the duplication claim was based on the two ICC/MBI standards 1200 ad 1205 that have removed all tiny house terms from the scope of the committee, the scope of the standards, and the body of the standards.

Why Is ICC Pushing Movable Tiny Houses Into Trailer Parks?

The ITHP includes provisions from the International Residential Code (IRC) with corresponding commentary; HUD manufactured housing standards that apply for movable tiny houses; ICC/MBI Standard 1200 and ICC/MBI Standard 1205 when tiny houses are constructed off-site; and model legislation for jurisdictions to ensure the safe and resilient deployment of tiny houses within their communities.

Learn More

 

Tiny House Alliance USA Editor
Dec. 9th, 2022
The Future Of Tiny Is Now!
Janet Thome Founder And President
janet@tinyhouseallianceusa.org
509 345 2013

 

Photo Courtesy Teacup Tiny Homes Tiny House Alliance USA Commercial Member And Sponsor