A Bill for an Act
Page 1, Line 101Concerning the development of regional building codes that
Page 1, Line 102account for local climatic and geographic conditions
Page 1, Line 103for the construction and installation of residential
Page 1, Line 104and nonresidential factory-built structures.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill provides that after the state housing board (board) adopts rules about any activity required to undertake or complete the construction or installation of a factory-built nonresidential structure, a factory-built residential structure, or a factory-built tiny home (factory-built structure), the state plumbing board, the state electrical board, and the state fire suppression administrator do not have jurisdiction over and their rules do not apply to a factory-built structure.
On or before July 1, 2026, the advisory committee on factory-built structures (advisory committee) is required to develop regional building codes for factory-built structures and implementation requirements and submit the recommended codes to the board.
On or before July 1, 2026, the board must adopt rules:
- Implementing regional building code recommendations from the advisory committee that account for local climatic and geographic conditions for the construction and installation of factory-built structures, which supersede any conflicting ordinance, code, regulation, or other law of a local government unless the local government adopts the rules of the board;
- Covering the implementation requirements developed by the advisory committee, including authorizing a local government certified by the division of housing (division) to perform inspections of factory-built structures on behalf of the division and registration, responsibility, and accountability requirements for a manufacturer, installer, seller, or general contractor who develops the installation site or completes the construction of a factory-built structure at the installation site;
- Covering electrical, plumbing, or fire suppression activity required to undertake or complete the construction or installation of a factory-built structure;
- Allowing the division to contract for third-party review and approval of a final design plan for a factory-built structure on behalf of the division;
- Allowing the division to create a process for vetting and approving the ability of a third party to review and approve a final design plan for a factory-built structure on behalf of the division; and
- Requiring the division to cause an audit to be performed on a third party that reviews and approves design plans.
- Enact a regulation that excludes factory-built structures and manufactured homes from the county or municipality;
- Impose more restrictive standards on factory-built structures and manufactured homes than those that the county or municipality applies to site-built homes in the same residential zones in the county or municipality; or
- Enact or enforce a regulation, law, or ordinance affecting the installation or construction of a factory-built structure or manufactured home.
- Enact land use regulations to the extent that the regulations are applicable to existing housing or structures or new site-built housing in the county or municipality; and
- Enact a building code provision for unique public safety requirements unless the provision applies to a factory-built structure or manufactured home.
On or before July 1, 2026, the advisory committee is required to conduct a study on behalf of the division about whether the international building code or residential code standards that apply to site requirements should be incorporated into state statutes and rules and to determine whether the state should regulate non-factory-built components that are connected to a factory-built structure at the installation site and are currently under local jurisdiction. The division is required to deliver the study to the board when complete.
A county or municipality may not:
A county or municipality may:
A county or municipality must comply with the requirements established by the division for factory-built structures and by the United States department of housing and urban development for manufactured homes. The bill requires the state treasurer to transfer $600,000 on July 1, 2025, from the innovative housing incentive program fund to the building regulation fund.
Page 3, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 3, Line 3(a) Coloradans are overwhelmingly burdened with the cost of housing;
Page 3, Line 4(b) Forty-five percent of renters, 329,000 residents, spend more than 30% of their income on rent;
Page 3, Line 5(c) A household in Colorado must earn at least $70,840 annually to afford the median rent of $1,771 without being cost-burdened;
Page 3, Line 6(d) To purchase a median-priced home, which is $550,300, with
Page 3, Line 7a 20% down payment, and avoid being cost-burdened, a household must
Page 3, Line 8earn $129,178 annually;
Page 4, Line 1(e) The average cost of construction of a new home as of
Page 4, Line 2November 2024 was approximately $483,000, which is an increase from $419,000 in 2023;
Page 4, Line 3(f) In 2021, the general assembly enacted House Bill 21-1329,
Page 4, Line 4which directed the executive committee of the legislative council to create
Page 4, Line 5a task force to meet during 2021 and issue a report with recommendations
Page 4, Line 6to the general assembly and the governor on policies to create transformative changes in the area of housing;
Page 4, Line 7(g) In 2022, the general assembly enacted House Bill 22-1282,
Page 4, Line 8which authorized investment in companies pursuing innovative
Page 4, Line 9construction methods, resulting in the establishment of the innovative housing incentive program;
Page 4, Line 10(h) Innovative housing incentive program investments are
Page 4, Line 11intended to create new housing units, which lower housing costs and encourage innovation; and
Page 4, Line 12(i) Off-site construction partners participating in the innovative
Page 4, Line 13housing incentive program, including modular manufacturers, have
Page 4, Line 14expressed concerns that regulatory barriers are preventing intended
Page 4, Line 15growth in housing units, reducing the cost and time-saving potential of off-site construction.
Page 4, Line 16(2) Therefore, the general assembly further finds and declares that
Page 4, Line 17it seeks to address the shortage and cost of housing by enacting regional
Page 4, Line 18standards for factory-built structures, rather than standards related to a
Page 4, Line 19specific address, which will increase the supply of housing and lower
Page 4, Line 20housing costs by lowering the cost of construction and encouraging
Page 4, Line 21partners to take advantage of the economies of scale afforded through
Page 4, Line 22factory-built construction.
Page 5, Line 1SECTION 2. In Colorado Revised Statutes, 12-115-106, add (6) as follows:
Page 5, Line 212-155-106. Colorado plumbing code - amendments -
Page 5, Line 3variances - Colorado fuel gas code. (6) Notwithstanding any
Page 5, Line 4authority granted to the board by this section and after rules
Page 5, Line 5are adopted by the state housing board pursuant to section
Page 5, Line 624-32-3304 (1)(h)(III), the board does not have jurisdiction over
Page 5, Line 7and the rules of the board do not apply to any activity required
Page 5, Line 8to undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).
Page 5, Line 9SECTION 3. In Colorado Revised Statutes, 12-115-107, add (5) as follows:
Page 5, Line 1012-115-107. Board powers and duties - rules - definition.
Page 5, Line 11(5) Notwithstanding any authority granted to the board by this
Page 5, Line 12section and after rules are adopted by the state housing board
Page 5, Line 13pursuant to section 24-32-3304 (1)(h)(III), the board does not
Page 5, Line 14have jurisdiction over and the rules of the board do not apply
Page 5, Line 15to activity required to undertake or complete the construction
Page 5, Line 16or installation of a factory-built structure, as defined in section 24-32-3302 (11).
Page 5, Line 17SECTION 4. In Colorado Revised Statutes, 24-33.5-1204.5, add (3) as follows:
Page 5, Line 1824-33.5-1204.5. Powers and duties of administrator - rules.
Page 5, Line 19(3) Notwithstanding any authority granted to the
Page 5, Line 20administrator by this section and after rules are adopted by the
Page 5, Line 21state housing board pursuant to section 24-32-3304 (1)(h)(III), the
Page 5, Line 22administrator does not have jurisdiction over and the rules of
Page 6, Line 1the administrator do not apply to activity required to
Page 6, Line 2undertake or complete the construction or installation of a factory-built structure, as defined in section 24-32-3302 (11).
Page 6, Line 3SECTION 5. In Colorado Revised Statutes, 24-32-3304, amend (1)(f) and (1)(g); and add (1)(h) as follows:
Page 6, Line 424-32-3304. State housing board - powers and duties - rules.
Page 6, Line 5(1) The board has the following powers and duties pursuant to this part 33:
Page 6, Line 6(f) To promulgate rules establishing standards for tiny homes that cover the manufacture of, assembly of, and installation of tiny homes;
andPage 6, Line 7(g) To promulgate uniform foundation construction standards for
Page 6, Line 8manufactured homes, factory-built structures, or tiny homes in those areas of the state where no standards exist; and
Page 6, Line 9(h) On or before July 1, 2026, to adopt rules:
Page 6, Line 10(I) Implementing regional building code recommendations
Page 6, Line 11accounting for local climatic and geographic conditions for the
Page 6, Line 12construction and installation of factory-built structures
Page 6, Line 13developed by the advisory committee created in section
Page 6, Line 1424-32-3305 (3), which shall supersede a conflicting ordinance,
Page 6, Line 15code, regulation, or other law of a local government unless a local government adopts the rules issued by the board;
Page 6, Line 16(II) Covering the implementation requirements developed
Page 6, Line 17by the advisory committee created in section 24-32-3305 (3),
Page 6, Line 18including authorizing a local government certified by the
Page 6, Line 19division to perform inspections of a factory-built structure on
Page 6, Line 20behalf of the division, and registration, responsibility, and
Page 6, Line 21accountability requirements for a manufacturer, installer,
Page 7, Line 1seller, or general contractor who develops the installation
Page 7, Line 2site or completes the construction of a factory-built structure
Page 7, Line 3at the installation site, including offering education, training, and certification opportunities;
Page 7, Line 4(III) Covering electrical, plumbing, or fire suppression
Page 7, Line 5activity required to undertake or complete the construction or installation of a factory-built structure;
Page 7, Line 6(IV) Allowing the division to contract for third-party
Page 7, Line 7review and approval of a final design plan for a factory-built structure on behalf of the division;
Page 7, Line 8(V) Allowing the division to create a process for vetting
Page 7, Line 9and approving the ability of a third party to review and approve
Page 7, Line 10a final design plan for a factory-built structure on behalf of the division; and
Page 7, Line 11(VI) Requiring the division to cause an audit to be
Page 7, Line 12performed on a third party that reviews and approves design plans.
Page 7, Line 13SECTION 6. In Colorado Revised Statutes, 24-32-3305, add (3)(c), (3)(d), and (3)(e) as follows:
Page 7, Line 1424-32-3305. Rules - advisory committee - enforcement -
Page 7, Line 15regional building codes - study. (3) (c) On or before July 1, 2026,
Page 7, Line 16the advisory committee shall develop regional building codes
Page 7, Line 17for factory-built structures and submit the recommended
Page 7, Line 18regional building codes in the form of recommended
Page 7, Line 19administrative rules for consideration and adoption by the board.
Page 7, Line 20(d) On or before July 1, 2026, the advisory committee shall
Page 8, Line 1develop implementation requirements, including authorizing a
Page 8, Line 2local government to perform inspections of factory-built
Page 8, Line 3structures on behalf of the division of housing, and
Page 8, Line 4registration, responsibility, and accountability requirements
Page 8, Line 5for manufacturers, installers, sellers, or general contractors
Page 8, Line 6who develop the installation site or complete the construction
Page 8, Line 7of factory-built structures at the installation site, including
Page 8, Line 8offering education, training, and certification opportunities,
Page 8, Line 9and submit the implementation requirements in the form of
Page 8, Line 10recommended administrative rules for consideration and adoption by the board.
Page 8, Line 11(e) On or before July 1, 2026, the advisory committee shall
Page 8, Line 12conduct a study on behalf of the division about whether the
Page 8, Line 13international building code or residential code standards that
Page 8, Line 14apply to site requirements should be incorporated into state
Page 8, Line 15statutes and rules and to determine whether the state should
Page 8, Line 16regulate non-factory-built components that are connected to
Page 8, Line 17the factory-built structure at the installation site and are
Page 8, Line 18currently under local jurisdiction. When complete, the division shall deliver the study to the state housing board.
Page 8, Line 19SECTION 7. In Colorado Revised Statutes, 30-28-115, amend
Page 8, Line 20(3)(b)(I) introductory portion, (3)(b)(I)(A), (3)(b)(I)(B), (3)(b)(II), and (3)(b)(III); and add (3)(b)(I.5) and (3)(b)(V) as follows:
Page 8, Line 2130-28-115. Public welfare to be promoted - legislative
Page 8, Line 22declaration - construction - definition. (3) (b) (I) No county may have
Page 8, Line 23or enact zoning regulations, subdivision regulations, or any other
Page 8, Line 24regulation affecting development, which exclude or have the effect of excluding homes or structures from the county that are:
Page 9, Line 1(A)
HomesPage 9, Line 224-32-3302 (11) and certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf;
Page 9, Line 3(B) Manufactured homes certified by the United States
Page 9, Line 4department of housing and urban development through its office of
Page 9, Line 5manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or
Page 9, Line 6(I.5) A county shall not impose more restrictive
Page 9, Line 7standards on factory-built structures and manufactured
Page 9, Line 8homes than those the county applies to site-built homes in the
Page 9, Line 9same residential zones. As used in this subsection (3)(b)(I.5),
Page 9, Line 10"restrictive standards" means zoning regulations, subdivision
Page 9, Line 11regulations, and any other regulation affecting development, including standards related to:
Page 9, Line 12(A) Home size or sectional requirements;
(B) Improvement location;
Page 9, Line 13(C) Minimum floor space;
(D) Permanent foundations;
Page 9, Line 14(E) Setback standards; and
(F) Side-yard standards.
Page 9, Line 15(II) Nothing in this subsection (3)
shall preventPage 9, Line 16county from enacting any zoning, developmental, use, aesthetic, or
Page 9, Line 17historical standard, including, but not limited to, requirements relating to
Page 9, Line 18permanent foundations, minimum floor space, unit size or sectional
Page 9, Line 19requirements, and improvement location, side yard, and setback standards
Page 9, Line 20to the extent that such standards or requirements are applicable to existing
Page 10, Line 1housing or structures or new site-built housing within the specific use district of the county.
Page 10, Line 2(III) Nothing in this subsection (3)
shall precludePage 10, Line 3county from enacting county building code provisions for unique public
Page 10, Line 4safety requirements such as snow load roof, wind shear, wildfire risk,
Page 10, Line 5and energy conservation factors, unless
the home isPage 10, Line 6factory-built structure certified by the division of housing created
Page 10, Line 7in section 24-32-704 or a party authorized to act on its behalf or a
Page 10, Line 8manufactured home certified by the United States department of
Page 10, Line 9housing and urban development through its office of manufactured
Page 10, Line 10housing programs, a successor agency, or a party authorized to act on its
Page 10, Line 11behalf. A county must comply with
section 24-32-3318 when enactingPage 10, Line 12
building code provisions for a manufactured home as defined in sectionPage 10, Line 13
24-32-3302 (20)Page 10, Line 14housing for factory-built structures and the United States
Page 10, Line 15department of housing and urban development for manufactured homes.
Page 10, Line 16(V) A county may not enact or enforce a zoning
Page 10, Line 17regulation, subdivision regulation, or any other regulation,
Page 10, Line 18ordinance, or law affecting the installation or construction of a factory-built structure or a manufactured home.
Page 10, Line 19SECTION 8. In Colorado Revised Statutes, 31-23-301, amend
Page 10, Line 20(5)(b)(I) introductory portion, (5)(b)(I)(A), (5)(b)(I)(B), (5)(b)(II), and (5)(b)(III); and add (5)(b)(I.5) and (6) as follows:
Page 10, Line 2131-23-301. Grant of power - definition. (5) (b) (I) No
Page 10, Line 22municipality may have or enact zoning regulations, subdivision
Page 10, Line 23regulations, or any other regulation affecting development that exclude
Page 11, Line 1or have the effect of excluding homes or structures from the municipality that are:
Page 11, Line 2(A)
HomesPage 11, Line 324-32-3302 (11) and certified by the division of housing created in section 24-32-704 or a party authorized to act on its behalf;
Page 11, Line 4(B) Manufactured homes certified by the United States
Page 11, Line 5department of housing and urban development through its office of
Page 11, Line 6manufactured housing programs, a successor agency, or a party authorized to act on its behalf; or
Page 11, Line 7(I.5) A municipality shall not impose more restrictive
Page 11, Line 8standards on factory-built structures and manufactured
Page 11, Line 9homes than those the municipality applies to site-built homes in
Page 11, Line 10the same residential zones. As used in this subsection (5)(b)(I.5),
Page 11, Line 11"restrictive standards" means zoning regulations, subdivision
Page 11, Line 12regulations, and any other regulation affecting development, including standards related to:
Page 11, Line 13(A) Home size or sectional requirements;
(B) Improvement location;
Page 11, Line 14(C) Minimum floor space;
(D) Permanent foundations;
Page 11, Line 15(E) Setback standards; and
(F) Side-yard standards.
Page 11, Line 16(II) Nothing in this subsection (5)
shall preventPage 11, Line 17municipality from enacting any zoning, developmental, use, aesthetic, or
Page 11, Line 18historical standard, including, but not limited to, requirements relating to
Page 11, Line 19permanent foundations, minimum floor space, unit size or sectional
Page 11, Line 20requirements, and improvement location, side yard, and setback standards
Page 12, Line 1to the extent that such standards or requirements are applicable to existing
Page 12, Line 2housing or structures or new site-built housing within the specific use district of the municipality.
Page 12, Line 3(III) Nothing in this subsection (5)
shall precludePage 12, Line 4municipality from enacting municipal building code provisions for unique
Page 12, Line 5public safety requirements such as snow load roof, wind shear, wildfire
Page 12, Line 6risk, and energy conservation factors, unless
the home isPage 12, Line 7factory-built structure certified by the division of housing created
Page 12, Line 8in section 24-32-704 or a party authorized to act on its behalf or a
Page 12, Line 9manufactured home certified by the United States department of
Page 12, Line 10housing and urban development through its office of manufactured
Page 12, Line 11housing programs, a successor agency, or a party authorized to act on its
Page 12, Line 12behalf. A municipality must comply with
section 24-32-3318 whenPage 12, Line 13
enacting building code provisions for a manufactured home as defined inPage 12, Line 14
section 24-32-3302 (20)Page 12, Line 15division of housing for factory-built structures and the United
Page 12, Line 16States department of housing and urban development for manufactured homes.
Page 12, Line 17(6) A municipality may not enact or enforce a zoning
Page 12, Line 18regulation, subdivision regulation, or any other regulation,
Page 12, Line 19ordinance, or law affecting the installation or construction of a factory-built structure or a manufactured home.
Page 12, Line 20SECTION 9. In Colorado Revised Statutes, 24-32-3309, amend (1)(b)(II) and (1)(b)(III); and add (1)(b)(IV) as follows:
Page 12, Line 2124-32-3309. Fees - building regulation fund - rules. (1) (b) Notwithstanding any provision of this section to the contrary:
Page 12, Line 22(II) On April 1, 2015, the state treasurer must deduct three
Page 13, Line 1hundred thousand dollars from the general fund and transfer such sum to the fund;
andPage 13, Line 2(III) On July 1, 2016, the state treasurer must deduct two hundred
Page 13, Line 3thousand dollars from the general fund and transfer such sum to the fund; and
Page 13, Line 4(IV) On July 1, 2025, the state treasurer shall deduct six
Page 13, Line 5hundred thousand dollars from the innovative housing
Page 13, Line 6incentive program fund created in section 24-48.5-132 (5)(a) and transfer the money to the fund.
Page 13, Line 7SECTION 10. Safety clause. The general assembly finds,
Page 13, Line 8determines, and declares that this act is necessary for the immediate
Page 13, Line 9preservation of the public peace, health, or safety or for appropriations for
Page 13, Line 10the support and maintenance of the departments of the state and state institutions.