Building Code Accessibility

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 26-0734.01 Sam Anderson x4218 SENATE BILL 26-109
Senate Committees House Committees
Local Government & Housing
A BILL FOR AN ACT
CONCERNING BUILDING CODE STANDARDS FOR ACCESSIBLE HOUSING101
SUPPORTED BY PUBLIC MONEY.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov.)
The bill makes the following changes to statutes concerning
standards for accessible housing:
! Repeals the definition of "ground story level";
! Updates and clarifies definitions that reference
International Code Council standards;
! Clarifies that the intent and purpose of the standards for
SENATE
3rd Reading Unamended
March 11, 2026
SENATE
Amended 2nd Reading
March 10, 2026
SENATE SPONSORSHIP
Exum and Cutter, Amabile, Coleman, Gonzales J., Jodeh, Kipp, Wallace, Weissman
HOUSE SPONSORSHIP
Joseph and Ricks,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law.
accessible housing law is to serve persons with
nonambulatory and semiambulatory disabilities;
! Permits covered enforcing agencies to develop alternative
processes to resolve appeals of orders, decisions, or
determinations made by the enforcing agency regarding the
application and interpretation of the standards for
accessible housing law; and
! Requires covered developers to create an implementation
plan to deliver accessible units as required by the standards
for accessible housing law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 9-5-101, amend2
(5.5), (10), (11), (12), (13), and (14); repeal (5) and (8); and add (2.5)3
and (4.5) as follows:4
9-5-101. Definitions.5
As used in this article 5, unless the context otherwise requires:6
7
(2.5) "A CCESSIBLE STORY" MEANS A STORY ON AN ACCESSIBLE8
ROUTE THAT CONTAINS LIVING, SLEEPING, COOKING, BATHING, AND TOILET9
FACILITIES AND , IF AVAILABLE IN THE DWELLING UNIT , LAUNDRY10
FACILITIES. FOR THE PURPOSES OF THIS ARTICLE 5, A BASEMENT IS NOT AN11
"ACCESSIBLE STORY" IF THE BASEMENT FLOOR IS LOCATED MORE THAN12
FOUR FEET BELOW THE EXTERIOR FINISHED GRADE, WHICH IS DETERMINED13
BY ASSESSING THE VERTICAL DIFFERENCE AT ANY POINT ALONG THE14
EXPOSED PERIPHERY OF THE DWELLING UNIT.15
(4.5) "DWELLING UNIT" MEANS ANY PORTION OF A BUILDING THAT16
CONTAINS LIVING FACILITIES, INCLUDING A ROOM OR ROOMS IN A LIVING17
FACILITY THAT HAVE SHARED COOKING, BATHING, TOILET, OR LAUNDRY18
FACILITIES SUCH AS DORMITORIES, SHELTERS, ASSISTED LIVING FACILITIES,19
AND BOARDING HOMES. "DWELLING UNIT" ALSO MEANS LIVING FACILITIES20
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THAT INCLUDE PROVISIONS FOR SLEEPING, COOKING, BATHING, AND TOILET1
FACILITIES FOR ONE OR MORE PERSONS AND ARE USED FOR EXTENDED2
STAYS, SUCH AS TIME-SHARES AND EXTENDED-STAY MOTELS. "DWELLING3
UNIT" DOES NOT MEAN A GUEST ROOM IN A MOTEL OR HOTEL.4
(5) "Ground story level" means the lowest story in a dwelling unit5
containing habitable rooms or areas with an accessible entrance located6
on an accessible route that contains living, sleeping, cooking, bathing, and7
toilet facilities. For the purposes of this article, a basement shall not be8
considered the ground story level if the finished basement floor is located9
more than four feet below the exterior finished grade determined at any10
point along the exposed periphery of the dwelling unit.11
(5.5) "ICC/ANSI A117.1" means the "Accessible and Usable12
Buildings and Facilities" standard "S TANDARD FOR ACCESSIBLE AND13
USABLE BUILDINGS AND FACILITIES" 2017 EDITION , or any successor14
standard, promulgated and amended from time to time by the15
international code council AS ADOPTED BY REFERENCE BY THE BUILDING16
CODE OF THE RESPONSIBLE ENFORCEMENT AGENCY.17
(8) "Residential Dwelling unit" means any portion of a building18
that contains living facilities, including a room or rooms in a facility that19
have shared cooking, bathing, toilet, or laundry facilities such as20
dormitories, shelters, assisted living facilities, and boarding homes.21
"Residential Dwelling unit" also means facilities that include provisions22
for sleeping, cooking, bathing, and toilet facilities for one or more23
persons and are used for extended stays, such as time-shares and24
extended-stay motels. "Residential Dwelling unit" does not mean a guest25
room in a motel or hotel.26
(10) "Type A dwelling unit" means a dwelling unit designed in27
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accordance with ICC/ANSI A117.1, section 1002 SECTION 1103, or any1
successor section within ICC/ANSI A117.1.2
(11) "Type A multistory dwelling unit" means a multiple-story3
dwelling unit with a ground story level designed in accordance with4
ICC/ANSI A117.1, section 1002 SECTION 1103, or any successor section5
within ICC/ANSI A117.1 and, if provided, accessible laundry facilities6
on the ground story level WHERE THERE IS AT LEAST ONE ACCESSIBLE7
STORY THAT CAN BE ACCESSED VIA AN ACCESSIBLE ROUTE CONNECTED TO8
AN ACCESSIBLE ENTRANCE.9
(12) "Type B dwelling unit" means a dwelling unit with a ground10
floor level designed in accordance with ICC/ANSI A117.1, section 100311
SECTION 1104, or any successor section within ICC/ANSI A117.1.12
(13) "Type B multistory dwelling unit" means a multiple-story13
dwelling unit with a ground story level designed in accordance with14
ICC/ANSI A117.1, section 1003 SECTION 1104, or any successor section15
within ICC/ANSI A117.1 and, if provided, accessible laundry facilities16
on the ground story level WHERE THERE IS AT LEAST ONE ACCESSIBLE17
STORY THAT CAN BE ACCESSED VIA AN ACCESSIBLE ROUTE CONNECTED TO18
AN ACCESSIBLE ENTRANCE.19
(14) "Type B visitable ground floor" means a multiple-story20
dwelling unit with an accessible entrance, A MINIMUM OF SEVENTY21
SQUARE FEET OF ACCESSIBLE SPACE , and ACCESSIBLE toilet facility22
designed in accordance with ICC/ANSI A117.1, section 1003 SECTION23
1105, or any successor section within ICC/ANSI A117.1.24
25
SECTION 2. In Colorado Revised Statutes, 9-5-103, amend (1)26
and (2); and repeal (3) as follows:27
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9-5-103. Applicability of standards - enforcement.1
(1) The standards and specifications set forth in this article shall2
ARTICLE 5 apply to all buildings and facilities used for housing that are3
constructed in whole or in part by the use of state, county, or municipal4
funds MONEY or the funds MONEY of any political subdivision of the state5
or that are constructed with private funds MONEY. All such buildings and6
facilities to be constructed from plans on which architectural drawings are7
started after July 1, 1975, from any one of these funds or any combination8
thereof shall MUST conform to each of the standards and specifications9
prescribed in this article ARTICLE 5. The governmental unit responsible10
for the enforcement of this article ARTICLE 5 shall grant exceptions to or11
modify any particular standard or specification when it is determined THE12
GOVERNMENTAL UNIT RESPONSIBLE FOR ENFORCEMENT DETERMINES that13
it is impractical and would create an undue hardship. Any such exception14
or modification of the provisions of this article shall ARTICLE 5 MUST be15
made in writing as a matter of public record. These standards and16
specifications shall be adhered to in those buildings and facilities that are17
constructed or proposed on or af ter April 29, 2003. This article shall18
apply ARTICLE 5 APPLIES to permanent buildings.19
(2) The jurisdiction with responsibility for enforcement of this20
article ARTICLE 5 pursuant to section 9-5-104 shall designate a board of21
appeals OR OTHER PROCESS to hear and resolve appeals of orders,22
decisions, or determinations made by the enforcing agency regarding the23
application and interpretation of this article ARTICLE 5.24
(3) Any building or facility that would have been subject to this25
article 5 but was under construction prior to July 1, 1976, must comply26
with the following:27
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(a) If the walls or defining boundaries of an element or space are1
altered, then the altered element or space shall comply with the applicable2
provisions of section 9-5-105, unless such alteration is technically3
infeasible. If full compliance with this article is technically infeasible,4
compliance shall be implemented up to the point of technical infeasibility.5
No alteration shall be undertaken that negatively impacts accessibility of6
a building or facility pursuant to ICC/ANSI A117.1. This subsection7
(3)(a) shall not be construed to require the moving of any existing walls8
not otherwise planned to be moved.9
(b) Any additions to a building or facility shall be treated as new10
construction for the purposes of enforcement of this article.11
SECTION 3. In Colorado Revised Statutes, 9-5-105, amend (1)12
and (2)(b) as follows:13
9-5-105. Exemptions for certain privately funded projects.14
(1) Accessible dwelling units shall be provided as required in this15
article ARTICLE 5; except that this article ARTICLE 5 does not apply to16
privately funded projects for the construction of a detached residence17
DETACHED RESIDENTIAL DWELLING UNITS or residences or to other types18
of residential property containing less than seven residential DWELLING19
units. For the purpose of determining the number of accessibility points20
required pursuant to subsection (2) of this section, the accessible dwelling21
unit types shall have the following point values:22
Accessible dwelling A ccessibility point value23
unit type: per dwelling unit:24
Type A dwelling unit 625
Type A multistory dwelling unit 526
Type B dwelling unit 427
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Type B multistory dwelling unit 31
Type C visitable ground floor UNIT 12
(2) Residential projects.3
(b) A project shall MUST include enough accessible dwelling units4
to achieve at least the specified number of accessibility points required5
pursuant to paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS6
SECTION.7
(I) A project WITH FEWER THAN FIFTY UNITS may use any8
combination of accessible dwelling unit types to comply with this section.9
(II) AT LEAST TWO PERCENT OF UNITS IN A PROJECT WITH FIFTY OR10
MORE UNITS MUST BE ACCESSIBLE DWELLING UNITS AND MUST INCLUDE AT11
LEAST ONE UNIT THAT IS EITHER TYPE A, TYPE A MULTISTORY, TYPE B, 12
TYPE B MULTISTORY, OR TYPE 2 VISITABLE UNIT.13
SECTION 4. In Colorado Revised Statutes, amend 9-5-106 as14
follows:15
9-5-106. Implementation plan.16
The DEVELOPER OR builder of any project regulated by this article17
ARTICLE 5 shall create an implementation plan that guarantees the timely18
and evenly phased delivery of the required number of accessible19
DWELLING units. Such THE plan shall MUST clearly specify the number20
and type of ACCESSIBLE DWELLING units required and the order in which21
they are to be completed. Such THE implementation plan shall MUST be22
subject to approval by the entity with enforcement authority in such THE23
project's jurisdiction. The implementation plan shall not be approved24
ENTITY WITH ENFORCEMENT AUTHORITY SHALL NOT APPROVE THE25
IMPLEMENTATION PLAN if more than thirty percent of the project is26
intended to be completed without providing a portion of accessible27
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DWELLING units required by section 9-5-105; except that, if an undue1
hardship can be demonstrated, or other guarantees provided are deemed2
THE DEVELOPER OR BUILDER CAN DEMONSTRATE AN UNDUE HARDSHIP OR3
PROVIDE OTHER GUARANTEES THAT THE JURISDICTION WITH4
ENFORCEMENT AUTHORITY DEEMS sufficient, the jurisdiction having5
responsibility for enforcement may grant exceptions to this requirement.6
The implementation plan shall MUST be approved by the governmental7
unit responsible for enforcement before a building permit is issued.8
SECTION 5. Safety clause. The general assembly finds,9
determines, and declares that this act is necessary for the immediate10
preservation of the public peace, health, or safety or for appropriations for11
the support and maintenance of the departments of the state and state12
institutions.13
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