If a mobile home park does not have a well or treatment system, but bills customers for water, what regulations apply?
- The plumbing code alone
- The plumbing code and the new Mobile Home Park Water Quality Act
- The plumbing code, the new Mobile Home Park Water Quality Act, DOLA’s Mobile Home Park Oversight program, and Regulation 11 within the distribution system.
- None of the above are fully correct; it’s complicated!
It is complicated! All of the above (and more) may apply, but the answer is 4 because it depends on some important variables that must be evaluated on a case by case basis. Hopefully after reading this, the statutory and regulatory frameworks that apply to mobile home park water quality regulations will be more clear.
DOLA’s Mobile Home Park Oversight Program
The Department of Local Affairs (DOLA), Division of Housing’s Mobile Home Park Oversight Program (MHPOP) implements the Mobile Home Park Act. The program also conducts outreach, education and maintains an annual mobile home park registration system. DOLA has all of the applicable laws, rules, and policies located on their MHP rules website.
What is a mobile home park? MHPOP’s definition of MHPs is on their website. To summarize, a "mobile home park" is a parcel of land that accommodates five or more mobile homes. And the park operates for the monetary benefit of the land owner. Homes must be "designed for long-term residential occupancy". This language clarifies the difference between mobile home parks and recreational vehicle (RV) parks. Refer to MHPOP’s definition to understand the nuances between housing communities. To add, if a mobile home park does not have 5 or more manufactured homes, it is not considered a mobile home park.
Mobile Home Park Water Quality Act
The Colorado Department of Public Health and Environment’s Water Quality Control Division implements the Mobile Home Park Water Quality Act (Act). This Act applies to all mobile home parks that meet the MHPOP definition. This Act was signed into law by Governor Polis in June 2023. This law establishes a water quality testing program for mobile home parks. The following occurs under the law:
- Mobile home parks are prioritized for testing based on criteria in the law.
- Site-specific testing plans are created for each mobile home park.
- The department’s contractor, Terracon, completes water quality testing.
- The analysis is completed at certified laboratories.
- All test results are submitted to the department.
- The department has 10 days to notify the mobile home park owner of test results. The wholesaler also receives a copy of the notice.
- Test results are posted online in English and Spanish.
- Mobile home park owners must provide residents with a notice of test results within five days.
- If a water quality issue is identified, the department will typically require the mobile home park to complete additional testing. Remediation or temporary measures necessary to address acute health risks may be required.
The purpose of the Act is to conduct water quality testing at all mobile home parks over a four year period. The law considers resident concerns about water quality. The Act also requires the department to create an Action Plan. The Action Plan will provide an overview of findings and offer longer term recommendations to improve water quality in parks across Colorado.
In February, we posted an informative AquaTalk article about the new Mobile Home Park Water Quality Act.
Colorado Primary Drinking Water Regulations - Regulation 11
The Colorado Department of Public Health and Environment’s Water Quality Control Division implements Regulation 11. This Regulation is applicable to public water systems (PWS). A PWS is defined as:
- A system that provides the public water for human consumption through pipes or other constructed conveyances;
- Has at least fifteen service connections; and/or
- Regularly serves an average of at least 25 individuals daily at least 60 days per year; and
- Includes either a source or treatment, or receives all of its water from a public water system and sells water to its customers.
Some mobile home parks treat their own water source, but a majority of mobile home parks in the state are connected to existing public water systems. Parks that get water from a public water system and bill customers for water based on usage are selling water. Any water billing structure that fluctuates based on water usage is considered selling. This includes submetering and splitting a bill amongst users. If water charges are included in rent, the mobile home park is not considered selling. Any mobile home park with 25 or more residents or 15 service connections that sells water is a public water system and subject to Regulation 11.
If a mobile home park meets the definition of a public water system but receives all of its water from another public water system, it is still required to monitor water quality in the distribution system (disinfection, disinfection byproducts, lead and copper, total coliform bacteria). The mobile home park must also comply with operator certification and backflow prevention requirements, storage tank inspections/maintenance requirements, recordkeeping requirements, and perform public notifications. The Department also performs sanitary surveys on a 3-5 year frequency.
Water and Wastewater Facility Operators Certification Requirements - Regulation 100
The Colorado Department of Public Health and Environment’s Water Quality Control Division and the Water and Wastewater Facility Operators Certification Board implement Regulation 100. Regulation 100 is applicable to the mobile home parks that meet the PWS definition. Regulation 100 ensures that people who operate water and wastewater facilities are properly trained and certified. If a mobile home park receives all of its water from another public water system, it is still required to have a certified operator for its distribution system.
Plumbing Code
Another critical requirement is the plumbing code. The State Plumbing Board licenses, registers, and regulates plumbers, apprentices, and plumbing contractors. Information is available at The Department of Regulatory Agencies' plumbing website. The Colorado Plumbing Rules and Regulations are an adoption of the International Plumbing Code and International Residential Code 2021 edition. These regulations and plumbing codes are applicable to mobile home parks. The terms Manufactured Home and Manufactured Housing is used throughout the plumbing code to refer to mobile home parks.
Hypothetical Examples
What rules and regulations apply to a mobile home park that has 13 mobile homes, 28 residents, is connected to a public water system and bills customers for water based on usage?
- DOLA’s Mobile Home Park Oversight Program
- CDPHE’s Mobile Home Park Water Quality Act
- Regulation 11
- Regulation 100
- Plumbing Code
What rules and regulations apply to a mobile home park that has 50 mobile homes, 100 residents, is connected to a public water system and includes water in resident’s rent without fluctuation based on usage.
- DOLA’s Mobile Home Park Oversight Program
- CDPHE’s Mobile Home Park Water Quality Act
- Plumbing Code
The number of mobile homes in the mobile home park, number of residents or service connections, and billing structure are important variables when identifying applicable rules and regulations.
