(1) The board shall promulgate rules as it deems necessary to ensure: (a) The safety of factory-built structures; (b) The safety of consumers purchasing manufactured homes or tiny homes; (c) The safety of installations; (d) The safety of hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist. (e) The implementation of sections 24-32-3328 and 24-32-3329; and (f) The safety of foundation systems for manufactured homes, tiny homes, and factory- built structures in areas of the state where no construction standards for manufactured homes, tiny homes, and factory-built structures exist. (2) Rules promulgated by the board must include provisions imposing requirements reasonably consistent with recognized and accepted standards adopted by the ASTM international, the International Code Council, the National Fire Protection Association, and the Colorado state plumbing and electrical codes, or a combination of these standards and codes, except to the extent that the board finds that the standards and codes are inconsistent with this part 33. The board shall adopt rules pursuant to article 4 of this title 24. (3) (a) Except when adopting an energy code pursuant to subsection (3.5) of this section, the board must consult with and obtain the advice of an advisory committee on factory-built structures and tiny homes in the drafting and promulgation of rules. The committee consists of fifteen members appointed by the division from the following professional and technical disciplines: (I) One from architecture; (II) One from structural engineering; (III) Three from building code enforcement; (IV) One from mechanical engineering or contracting; (V) One from electrical engineering or contracting; (VI) One from the plumbing industry; (VII) One from the construction design or producer industry; (VIII) Two from manufactured housing; (IX) Two from the tiny home industry; (X) One from energy conservation; and (XI) One from organized labor. (b) Committee members are reimbursed for actual and necessary expenses incurred while engaged in official duties. (3.3) The department shall create for factory-built structures, including those that would be considered accessory dwelling units, model public safety code requirements related to geographic or climatic conditions, such as weight restrictions for roof snow loads, wind shear factors, or wildfire risk, for local governments to consider and adopt pursuant to section 24-32- 3318 (2)(a). (3.5) (a) (I) On or before January 1, 2025, the division shall adopt and enforce an energy code that achieves equivalent or better energy performance than the 2021 international energy conservation code and the model electric ready and solar ready code language developed for adoption by the energy code board pursuant to section 24-38.5-401 (5). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist. (II) On or before January 1, 2030, the division shall adopt and enforce an energy code that achieves equivalent or better energy and carbon emissions performance than the model low energy and carbon code developed for adoption by the energy code board pursuant to section 24- 38.5-401 (6). This energy code must apply to factory-built structures and hotels, motels, and multifamily structures in areas of the state where no construction standards for hotels, motels, and multifamily structures exist. (b) Nothing in this subsection (3.5) establishes standards applicable to manufactured homes constructed pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", established in 42 U.S.C. sec. 5401, et seq., and any corresponding regulations promulgated by the United States department of housing and urban development in 24 CFR 3280, et seq. (c) Notwithstanding any other provision of this subsection (3.5), the division may make any amendments to an energy code that the division deems appropriate, so long as the amendments do not decrease the effectiveness or energy efficiency of the energy code. (d) Nothing in this subsection (3.5) restricts the ability of an investor-owned utility with approval from the public utilities commission to: (I) Provide incentives or other energy efficiency program services to help the division or builders comply with the requirements of this subsection (3.5); or (II) Earn shareholder incentives and claim credits toward its regulatory requirements for energy or greenhouse gas emission savings achieved as a result of incentives provided by the utility to help the division or builders comply with the requirements of this subsection (3.5). (e) A utility not subject to regulation by the public utilities commission may provide incentives or other energy efficiency program services as they so choose to assist the division or any builders in complying with the requirements of this subsection (3.5). (f) (I) A utility may count mass-based emissions reductions associated with the requirements of this subsection (3.5) towards compliance with its requirements under section 25- 7-105 (1)(e)(X.7) or (1)(e)(X.8), section 40-3.2-108 (3)(b), or any similar greenhouse gas emissions reduction program or set of requirements. (II) A utility subject to regulation by the public utilities commission shall not count energy savings or greenhouse gas emissions reductions achieved through the requirements of this subsection (3.5) for the purpose of calculating a shareholder incentive established pursuant to sections 40-3.2-103 (2)(d) and 40-3.2-104 (5) if the utility has not provided a financial investment for code adoption as documented in a plan approved by the commission. (4) The division must enforce the provisions of this part 33 and the rules adopted pursuant thereto. (5) The division may act as agent for the federal government for the enforcement of manufactured home safety and construction standards relating to any issue with respect to which a federal standard has been established under the federal act.
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