Read the full stored bill text
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 v cl 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 w clling unit.
(5.5) "ICC/ANSI Al 17.1 ICC Al 17.1" means the "Accessible and
Usable Buildings and Facilities" standard "ST AND 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 w clling 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 w clling 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
PAGE 2-SENATE BILL 26-109
1103, or any successor section within ICC/ANSI A 117 .1 I CC 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 v ided, accessible
laundry facilities on the gt ound story level I CC 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 v ided, accessible
laundry facilities on the gt ound story level I CC 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 I CC 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
PAGE 3-SENATE BILL 26-109
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
GOVERNMENT AL 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 v cly irnpacts accessibility of a
building or facility pursuant to ICC/ANSI Al 17.1. This subsection (3)(a)
shall not be constt ucd to r cquir 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.
PAGE 4-SENATE BILL 26-109
( 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
unit type:
Type A dwelling unit
Type A multistory dwelling unit
Type B dwelling unit
Type B multistory dwelling unit
Type B visitable ground floor
Accessibility point value
per dwelling unit:
6
5
4
3
TYPE C VISITABLE DWELLING UNIT 1
(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.
PAGE 5-SENATE BILL 26-109
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
PAGE 6-SENATE BILL 26-109
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.
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
E er van Mourik
SECRETARY OF
THE SENATE
PAGE 7-SENATE BILL 26-109
~& usk,ie
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
v~ ,
~ eilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES