As used in this part 9, unless the context otherwise requires:(1) 'Gas-fueled appliance' means a furnace, HVAC system, boiler, water heater, oven, stove, or dryer that directly combusts a gaseous or liquid fuel to provide services within a home.(2) 'Heat pump' means an electrical device that uses a refrigeration cycle to: (a) Heat the internal space of a structure by transferring thermal energy from outside of the structure to inside the structure; or(b) Cool the internal space of a structure by transferring thermal energy from the inside of the structure to the outside of the structure.(3) 'Home warranty service company' or 'company' means any person that undertakes a contractual obligation on a new or preowned home through a home warranty service contract.(4)(a) 'Home warranty service contract' means any contract or agreement whereby a person undertakes for a predetermined fee, with respect to a specified period of time, to maintain, repair, or replace any or all of the following elements of a specified new or preowned home:(I) Structural components, such as the roof, foundation, basement, walls, ceilings, or floors;(II) Utility systems, such as electrical, air conditioning, elements of a specified new or preowned home:(I) Structural components, such as the roof, foundation, basement, walls, ceilings, or floors;(II) Utility systems, such as electrical, air conditioning, plumbing, HVAC, and heating systems, including furnaces; and(III) Appliances, such as stoves, washers, dryers, and dishwashers.(b) 'Home warranty service contract' does not include:(I) Any contract or agreement whereby a public utility undertakes for a predetermined fee, with respect to a specified period of time, to repair or replace any or all of the elements of a specified new or preowned home as specified in subsection (4)(a)(II) or (4)(a)(III) of this section; or(II) A builder's warranty provided in connection with the sale of a new home.(5) 'HVAC system' means a heating, ventilation, and air conditioning system.(6) 'Person' includes an individual, company, corporation, association, agent, and every other legal entity.(7) 'Preowned' means any of the following that is occupied as a residence and not owned by the builder-developer or first occupant:(a) A single-family residence;(b) A residential unit in a multiple-dwelling structure; or(c) A mobile home on a foundation.Amended by esidence and not owned by the builder-developer or first occupant:(a) A single-family residence;(b) A residential unit in a multiple-dwelling structure; or(c) A mobile home on a foundation.Amended by 2023 Ch. 43, § 2, eff. 8/7/2023, app. to home warranty service contracts executed or renewed on or after 7/1/2024.Renumbered from C.R.S. § 12-61-602 and amended by 2019 Ch. 136, § 1, eff. 10/1/2019.Amended by 2015 Ch. 81, § 1, eff. 8/5/2015.L. 79: Entire part added, p. 578, § 1, effective June 7. L. 89: (1) and (2) repealed and (3) R&RE, pp. 743, 744, §§ 20, 25, effective July 1. L. 2007: (3) to (6) R&RE, p. 2024, § 22, effective June 1. L. 2015: (2.3) and (2.5) added and (5) and (6) repealed, (HB 15-1223), ch. 81, p. 233, § 1, effective August 5.This section is similar to former § 12-61-602 as it existed prior to 2019.2023 Ch. 43, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 23-1134, see section 1 of chapter 43, Session Laws of Colorado 2023.
Colorado Legal Code