Certified Manufacturer Status

A registered manufacturer may become a certified manufacturer which allows construction of factory-built structures for installation in Colorado with reduced construction inspection by outside agencies or by the Division of Housing if the manufacturer meets the requirements in the Administrative Rules, 8 CCR 1302-14, and Colorado Revised Statute 24-32-3301 — 24-32-3329. The Administrative Rules below are provided for reference. Certified manufacturers must be compliant with all rules. Registered and certified manufacturers are subject to audit by the Division of Housing. We have listed the applicable rules below, and a notes section after that. The notes are provided for clarity regarding specific rules. 

Administrative Rules

• 4.9 A manufacturer must maintain an active Colorado registration for each manufacturing facility requesting Certified status. 
  • 4.9.1 Out of state registered manufacturers must utilize a third party agency to submit a recommendation for certified manufacturer status to the Division of Housing. 
  • 4.9.2 In-state registered manufacturers may utilize a third party agency to submit a certified manufacturer recommendation OR request certified manufacturer status from the Division of Housing. 
  • 4.9.3 Each manufacturing location will require a separate certified manufacturer recommendation. 
  • 4.9.4 The Division of Housing and authorized third party agencies will utilize the following criteria for approval of registered manufacturers requesting certified manufacturer status. 
    • Verify accountable personnel are capable of identifying and addressing non- conforming items. 
    • Verify that training has been achieved for all accountable personnel. 
    • Verify an established and functioning quality assurance program 
    • Verify that the last three units delivered to Colorado have completed production in compliance of (A), (B), and (C) above. 
  • 4.9.5 Manufactures who previously qualified for the Division of Housing’s Certified Factory Status may continue with this status for one year, but are required to complete the new certified manufacturer status by July 1, 2024. 
  • 4.9.6 Recommendations received from a third party agency will be reviewed, and if deemed compliant, approved by the Division of Housing and a letter will be sent to the recommending agency, the certified manufacturer and the third party agency doing production inspections. 
• 4.10 All certified manufacturers are registered manufacturers and must follow all registered manufacturer requirements unless specifically exempted or changed in these rules. 
• 4.11 Certified manufacturer status for a specific facility is considered ongoing unless the manufacturer fails to perform as described in 4.12. An annual letter will be required from the manufacturer regarding any changes, or stating no changes, in the quality assurance program in order to continue certified manufacturer status. 
• 4.12 The Division of Housing may immediately seek summary suspension to remove the designation of certified manufacturer status for failure to remedy any of the following conditions after notice from the Division of Housing: 
  • 4.12.1 The change of a third party agency or change in that entity’s status. 
  • 4.12.2 The change of a facility location. 
  • 4.12.3 The manufacturer has had insignias of approval removed pursuant to Division of Housing procedures. 
  • 4.12.4 Failure to remedy manufacturing defects or deficiencies as identified by the Division of Housing and failure to provide a quality assurance program update on corrective actions taken to remedy identified defects or deficiencies. 
  • 4.12.5 Notification by a third party agency regarding failure to meet quality control guidelines. 
  • 4.12.6 The factory is not in compliance with “Performance Criteria for Monitoring Manufacturers and Third Party Inspection Agencies”. 
    • 4.12.6.1 The “Performance Criteria for Monitoring Manufacturers and Third Party Inspection Agencies” utilizes a combination of qualitative analysis based on deficiencies identified during inspection, qualitative analysis based on systematic failures and recurring serious deficiencies, 
• 4.13 A registered manufacturer whose status as a certified manufacturer has been removed by the Division of Housing will resume operations on a higher frequency of inspections until its performance improves and is recommended for reinstatement of its certified manufacturer status pursuant to Rule 4.9 of these rules. 
• 4.26 All structures manufactured, sold, or offered for sale in the state of Colorado must display the Division of Housing insignia of approval affixed either by the Division of Housing, an authorized third party agency, or by a certified manufacturer. These insignias certify that the unit is constructed in compliance with applicable codes and regulations adopted by the State Housing Board. This does not apply to factory-built structures or tiny homes manufactured or sold for transportation to and installation in another state. However, if the unit were to return to Colorado for use, then it would require an insignia issued by the Division of Housing. 
  • 4.26.1.2 For units that have on-site construction items, insignias will be affixed to each structure after an OC inspection by the Division of Housing or a third party agency or a local building department that has agreed to accept responsibility for the inspection of the OC items. 
• 4.33.4 After the Division approves certified status for a manufacturer based on the recommendation from an approved third party agency OR the Division of Housing if the manufacturer has requested the Division of Housing grant it certified manufacture status, a minimum of one (1) phase of construction for each structure being produced for Colorado must be inspected by the third party agency. In the course of each visit, the third party agency may also complete an inspection of every phase of the production, systems testing, and of every structure in production as well as a random sampling of finished product on site. 

Notes

Note for Rule 4.9

Certified manufacturer status is granted specifically for the type of structures requested. Currently we have three classifications: FB (factory built residential), FBNR (factory built non- residential – including multi-family) and TH (tiny homes). If a registered manufacturer produces different factory built types, they must request certified manufacturer status for each type. The Division of Housing will evaluate units built to that factory type for determination of manufacturer status. 

Note for Rule 4.9

Registered manufacturers who wish to be certified manufacturers must request the certified manufacturer status from the Division of Housing in writing and must have produced at least 3 units for Colorado. See Note for Rule 4.9.4(D). 

Note for Rule 4.9.1

Third party agencies providing certified manufacturer status must be approved to do so by the Division of Housing. See requirements in Rule 4.33 – 4.33.11.2. 

Note for Rule 4.9.4(D)

Clarification of three “units.” The Division of Housing wants to ensure satisfactory construction of three IRC residential modular units, three tiny homes, three non-residential/commercial structures, or three IBC multi-family structures/buildings. 

Note for Rule 4.9.6

The Division of Housing will review the previous three units. See Note on Rule 4.9.4(D) to ensure: 

• No major revision(s) identified at plan review. 
• No major deficiencies identified during the off-site construction process at the off-site location (in- plant) or in the field at the place of installation (oversight) by an authorized third-party inspection agency or a Division of Housing inspector. 
• No major deficiencies identified during the on-site construction (OC) process by a local building department, authorized third-party inspection agency, or a Division of Housing inspector (if applicable). 
• If one of the three units fails to meet these objectives, the manufacturer will receive notification, provide a corrective action plan, and once implemented, the Division of Housing will look at three more units. 

Note for Rule 4.9.6

Recommendation letters from third party agencies should be sent directly from the third party agency to the Division of Housing. 

Note for Rules 4.9.6, 4.10, 4.26.1, 4.26.1.2, 4.33.4

In addition to the inspection requirements in 4.33.4, certified manufacturers may place the Division of Housing issued primary unit 3”x5” insignia and additional floor tag insignias for factory-built structures on completed units. For units which require on-site construction (OC), the insignias may travel with the unit from the factory to the location and may be installed after OC items are inspected by the Division of Housing or a third party agency who has inspected the OC construction. Insignias may travel with the unit to the installation location with a letter from the Division of Housing stating that this unit is from a certified manufacturer and that once the OC is complete and passes, the insignia(s) may be attached by the party completing the OC inspection (local building department, the Division of Housing, or TPA) or the manufacturer. 

Note for Rule 4.10

Records must be maintained for each certified unit produced and shall include the following: 

• Completed construction inspection report (commonly called: “Travelers”) 
• Updated/accurate OC inspection list, if applicable 
• Verification that the Division of Housing-issued insignia(s) were attached 

Note for Rule 4.12

The Division of Housing expects all certified manufacturers to be proactive, timely, and self- reporting/self-regulating when they discover problems, or have problems reported to them from other parties. Responses to any corrective action report must thoroughly address all listed deficiency items in a clear and complete manner and transmitted to the Division of Housing by the prescribed deadline. Failure to perform at the higher level of certification may result in additional production inspections and a corrective action plan; or suspension or revocation of the certification, resulting in a resumption of operations at the registered manufacturer level. 

Note for Rule 4.12

Clarification for removal of certified manufacturer status may also include: 

• failure to provide requested documentation; 
• failure to adhere to applicable sections of the Division of Housing's Administrative Rules or Colorado Revised Statutes 24-32-3301 – 24-32-3329; 
• failure to follow adopted building codes or standards;
• or failure to cure noncompliant processes and structures.