Fees - building regulation fund.

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(1) (a) 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 the provisions of this part 33; except that the amount of the registration fee for installers of manufactured homes is the amount specified in section 24-323315 (5) and the amount of the registration fee for sellers of manufactured homes is the amount specified in section 24-32-3323 (3). Before establishing the schedule of fees, the board shall gather information regarding the fees charged by Colorado local governments for the inspection and certification of improvements to residential real property that are not manufactured homes and the fees charged by governmental entities outside of Colorado for the inspection and certification of manufactured homes. The fees shall 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". All interest derived from the deposit and investment of moneys in the fund shall be credited to the fund. Except as otherwise provided in subsection (2) of this section, at the end of any fiscal year, all unexpended and unencumbered moneys in the fund shall remain in the fund and shall 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 and administering and enforcing the provisions of this part 33.

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

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

  2. On April 1, 2015, the state treasurer shall deduct three hundred thousand dollarsfrom the general fund and transfer such sum to the fund; and

  3. On July 1, 2016, the state treasurer shall deduct two hundred thousand dollars fromthe general fund and transfer such sum to the fund.

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

  1. To provide education and training to manufacturers, dealers, installers, building department employees, elected officials, and, as appropriate, other persons affected by the mobile, manufactured, and factory-built structures industry regarding the building codes and state program requirements applicable to mobile, manufactured, and factory-built structures within the state;

  2. To provide consumer training throughout the state that will help a consumer to makeinformed decisions when purchasing or considering the purchase of a mobile home, manufactured home, or factory-built structure; and

  3. To provide education and grants that will help manufacturers, dealers, installers, owners, and, as appropriate, other parties affected by the mobile, manufactured, and factory-built structures industry address safety issues that affect mobile, manufactured, and factory-built structures.

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.


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