Building Code Accessibility

SENATE BILL 26-109

BY SENATOR(S) Exum and Cutter, Amabile, Gonzales J., Jodeh, Kipp, Wallace, Weissman, Coleman; also REPRESENTATIVE(S) Joseph and Ricks, Titone.

CONCERNING BUILDING CODE STANDARDS FOR ACCESSIBLE HOUSING SUPPORTED BY PUBLIC MONEY.

Be it enacted by the General Assembly of the State of Colorado: SECTION 1. In Colorado Revised Statutes, 9-5-101, amend (5.5), (10), (11), (12), (13), and (14); repeal (5) and (8); and add (2.5) and (4.5) as follows: 9-5-101. Definitions. As used in this article 5, unless the context otherwise requires: (2.5)

"ACCESSIBLE STORY" MEANS A STORY ON AN ACCESSIBLE

ROUTE THAT CONTAINS LIVING, SLEEPING, COOKING, BATHING, AND TOILET FACILITIES AND, IF AVAILABLEINTHEDWELLING UNIT, LAUNDRY FACILITIES. FOR THE PURPOSES OF THIS ARTICLE 5, A BASEMENT IS NOT AN "ACCESSIBLE STORY" IF THE BASEMENT FLOOR IS LOCATED MORE THAN FOUR FEET BELOW

Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletions from e.x:isting law and such material is not part of the act.

THE EXTERIOR FINISHED GRADE, WHICH IS DETERMINED BY ASSESSING THE VERTICAL DIFFERENCE AT ANY POINT ALONG THE EXPOSED PERIPHERY OF THE DWELLING UNIT.

(4.5) "DWELLING UNIT" MEANS ANY PORTION OF A BUILDING THAT CONTAINS LIVING FACILITIES, INCLUDING A ROOM OR ROOMS IN A LIVING FACILITY THAT HAVE SHARED COOKING, BATHING, TOILET, OR LAUNDRY FACILITIES SUCH AS DORMITORIES, SHELTERS, ASSISTED LIVING FACILITIES, AND BOARDING HOMES. "DWELLING UNIT" ALSO MEANS LIVING FACILITIES THAT INCLUDE PROVISIONS FOR SLEEPING, COOKING, BATHING, AND TOILET FACILITIES FOR ONE OR MORE PERSONS AND ARE USED FOR EXTENDED STAYS, SUCH AS TIME-SHARES AND EXTENDED-STAY MOTELS. "DWELLING UNIT" DOES NOT MEAN A GUEST ROOM IN A MOTEL OR HOTEL.

(5) "Ground story le'1el" means the lowest story in a dwelling unit containing habitable moms or areas with an accessible cntrnncc located on an accessible mute that contains living, sleeping, cooking, bathing, and toilet facilities. For the purposes of this article, a basement shall not be consider cd the ground story le vcl if the finished basement floot is located more than four feet below the exterior finished grade determined at any point along the exposed periphery of the d wclling unit. (5.5) "ICC/ANSI Al 17.1 ICC Al 17.1" means the "Accessible and Usable Buildings and Facilities" standard "STAND ARD FOR ACCESSIBLE AND USABLE BUILDINGS AND FACILITIES" 2017 EDITION, or any successor standard, promulgated and amended ftom time to time by the international code council AS ADOPTED BY REFERENCE BY THE BUILDING CODE OF THE RESPONSIBLE ENFORCEMENT AGENCY.

(8) "Residential Dwelling unit" means any portion ofa building that contains living facilities, including a mom or moms in a facility that have shatcd cooking, bathing, toilet, or laundry facilities such as dormitories, shelters, assisted living facilities, and boarding homes. "Residential D wclling unit" also means facilities that include pm vis ions for sleeping, cooking, bathing, and toilet facilities fot one ot mot c pct sons and at c used fot extended stays, such as timc-shatcs and extended-stay motels. "Residential D wclling unit" docs not mean a guest mom in a motel or hotel. (10) "Type A dwelling unit" means a dwelling unit designed in accordance with ICC/ANSI A117.l, section 1002 ICC A117.1 SECTION

1103, or any successor section within ICC/ANSI A 117 .1 ICC A 117 .1. ( 11) "Type A multistory dwelling unit" means a multiple-story dwelling unit with a ground story level designed in accordance with ICC/ANSI A117.1, section 1002 ICC Al 17.1 SECTION 1103, or any successor section within ICC/ANSI A 117 .1 and, if pt o vided, accessible laundry facilities on the gt ound story level ICC A 117 .1 WHERE THERE IS AT LEAST ONE ACCESSIBLE STORY THAT CAN BE ACCESSED VIA AN ACCESSIBLE ROUTE CONNECTED TO AN ACCESSIBLE ENTRANCE. (12) "Type B dwelling unit" means a dwelling unit with a ground floor level designed in accordance with ICC/ANSI A117.l, section 1003 ICC A117.l SECTION 1104, or any successor section within ICC/ANSI A117.l ICCA117.1. (13) "Type B multistory dwelling unit 11 means a multiple-story dwelling unit with a ground story level that is designed in accordance with ICC/ANSI A117.l, section 1003 ICC A117.1 SECTION 1104, or any successor section within ICC/ANSI A 117.l and, if pm vided, accessible laundry facilities on the gt ound story level ICC A 117 .1 WHERE THERE IS AT LEAST ONE ACCESSIBLE STORY THAT CAN BE ACCESSED VIA AN ACCESSIBLE ROUTE CONNECTED TO AN ACCESSIBLE ENTRANCE. (14) "Type B visitable ground floor TYPE c VISITABLE DWELLING UNIT" means a multiple-story dwelling unit with an accessible entrance and ACCESSIBLE toilet facility designed in accordance with ICC/ANSI A 117 .1, section 1003 ICC Al 17 .1 SECTION 1105, or any successor section within ICC/ANSI A 117 .1 ICC A 117 .1. SECTION 2. In Colorado Revised Statutes, 9-5-103, amend (1) and (2); and repeal (3) as follows: 9-5-103. Applicability of standards - enforcement.

( 1) The standards and specifications set forth in this article shall ARTICLE 5 apply to all buildings and facilities used for housing that are constructed in whole or in part by the use of state, county, or municipal funds MONEY or the funds MONEY of any political subdivision of the state or that are constructed with private funds MONEY. All such buildings and facilities to be constructed ftotn plans on which architectmal drawings are

started after July 1, 1975, from any one ofthcsc funds or any combination thereof shall MUST conform to each of the standards and specifications prescribed in this article ARTICLE 5. The governmental unit responsible for the enforcement of this article ARTICLE 5 shall grant exceptions to or modify any particular standard or specification when it is determined THE GOVERNMENTAL UNIT RESPONSIBLE FOR ENFORCEMENT DETERMINES that it is impractical and would create an undue hardship. Any sueh exception or modification of the provisions of this article shall ARTICLE 5 MUST be made in writing as a matter of public record. These standards and specifications shall be adhered to in those buildings and facilities that at c constructed or proposed on or after April 29, 2003. This article shall apply ARTICLE 5 APPLIES to permanent buildings. (2) The jurisdiction with responsibility for enforcement of this article ARTICLE 5 pursuant to section 9-5-104 shall designate a board of appeals OR OTHER PROCESS to hear and resolve appeals of orders, decisions, or determinations made by the enforcing agency regarding the application and interpretation of this article ARTICLE 5. (3) Any building or facility that would have been subject to this article 5 but was under construction prior to July 1, 1976, must comply with the following. (a) If the walls or defining boundaries of an clement or space at c alter cd, then the alter cd clement or space shall comply with the applicable provisions of section 9-5-105, unless such alteration is technically infeasible. If full compliance with this article is technically infeasible, compliance shall be implemented up to the point of technical infeasibility. No alteration shall be undertaken that ncgati vcly irnpacts accessibility of a building or facility pursuant to ICC/ANSI Al 17.1. This subsection (3)(a) shall not be constt ucd to rcquir c the moving of any existing walls not other wise planned to be moved. (b) Any additions to a building or facility shall be tr catcd as nc w construction fur the purposes of enforcement of this article. SECTION 3. In Colorado Revised Statutes, 9-5-105, amend (1) and (2)(b) as follows: 9-5-105. Exemptions for certain privately funded projects.

( 1) Accessible dwelling units shall be provided as required in this article ARTICLE 5; except that this article ARTICLE 5 does not apply to privately funded projects for the construction of a detached residence DETACHED RESIDENTIAL DWELLING UNITS or residences or to other types of residential property containing less than seven residential DWELLING units. For the purpose of determining the number of accessibility points required pursuant to subsection (2) of this section, the accessible dwelling unit types shall have the following point values: Accessible dwelling

Accessibility point value

unit type:

per dwelling unit:

Type A dwelling unit

Type A multistory dwelling unit

Type B dwelling unit

Type B multistory dwelling unit

Type B visitable ground floor TYPE C VISITABLE DWELLING UNIT

(2) Residential projects. (b) A project shalt MUST include enough accessible dwelling units to achieve at least the specified number of accessibility points required pursuant to parng1aph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS SECTION. (I) A project WITH FEWER THAN FIFTY UNITS may use any combination of accessible dwelling unit types to comply with this section. (II) AT LEAST TWO PERCENT OF UNITS IN A PROJECT WITH FIFTY OR MORE UNITS MUST BE ACCESSIBLE DWELLING UNITS AND MUST INCLUDE AT LEAST ONE UNIT THAT IS EITHER TYPE A, TYPE A MULTISTORY, TYPE 8, TYPE B MULTISTORY, OR TYPE C VISITABLE DWELLING UNIT.

SECTION 4. In Colorado Revised Statutes, amend 9-5-106 as follows: 9-5-106. Implementation plan. The DEVELOPER OR builder of any project regulated by this article ARTICLE 5 shall create an implementation plan that guarantees the timely and evenly phased delivery of the required number of accessible DWELLING units. Stteh THE plan shalt MUST clearly specify the number and type of ACCESSIBLE DWELLING units required and the order in which they are to be completed. Stteh THE implementation plan shalt MUST be subject to approval by the entity with enforcement authority in such THE project's jurisdiction. The implementation plan shall not be approved ENTITY WITH ENFORCEMENT AUTHORITY SHALL NOT APPROVE THE IMPLEMENTATION PLAN if more than thirty percent of the project is intended to be completed without providing a portion of accessible DWELLING units required by section 9-5-105; except that, if an undue hardship ean be demonstrated, 01 other guarantees provided ate deemed THE DEVELOPER OR BUILDER CAN DEMONSTRATE AN UNDUE HARDSHIP OR PROVIDE OTHER GUARANTEES THAT THE JURISDICTION WITH ENFORCEMENT AUTHORITY DEEMS sufficient, the jurisdiction having responsibility for enforcement may grant exceptions to this requirement. The implementation plan shalt MUST be approved by the govemmental unit responsible for enforcement before a building permit is issued. SECTION 5. Safety clause. The general assembly finds, determines, and declares that this act is necessary for the immediate

preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.

Julie McCluskie SPEAKER OF THE HOUSE OF REPRESENTATIVES

James Rashad Coleman, Sr. PRESIDENT OF THE SENATE

Vanessa Reilly CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES

Esther van Mourik SECRETARY OF THE SENATE

APPROVED on Tuesday May 5th 2026 at 3:00pm (Date and Time)

Jared S. Polis GOVERNOR OF THE STATE OF COLORADO