SB26-109 • 2026

Building Code Accessibility

Housing

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Sen. L. Cutter, Sen. T. Exum, Rep. J. Joseph, Rep. N. Ricks, Sen. J. Amabile, Sen. J. Coleman, Sen. J. Gonzales, Sen. I. Jodeh, Sen. C. Kipp, Sen. K. Wallace, Sen. M. Weissman
Last action: 2026-04-16
Official status: House Third Reading Laid Over Daily - No Amendments
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Building Code Accessibility

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 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.

What This Bill Does

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 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.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

L.006

HOU Transportation, Housing & Local Government

Passed [*]

Plain English: SB109_L.006 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Transportation, Housing & Local Government.

SB109_L.006 HOUSE COMMITTEE OF REFERENCE AMENDMENT Committee on Transportation, Housing & Local Government.
SB26-109 be amended as follows: 1 Amend reengrossed bill, page 4, line 20, strike "Type B visitable ground 2 floor"" and substitute ""Type B visitable ground floor TYPE C VISITABLE 3 DWELLING UNIT"".
4 Page 4, lines 21 and 22, strike "entrance, A MINIMUM OF SEVENTY SQUARE 5 FEET OF ACCESSIBLE SPACE," and substitute "entrance".
6 Page 7, strike line 2 and insert "Type B visitable ground floor TYPE C 7 VISITABLE DWELLING UNIT 1".

L.001

SEN Local Government & Housing

Passed [*]

Plain English: SB109_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Local Government & Housing.

SB109_L.001 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Local Government & Housing.
SB26-109 be amended as follows: 1 Amend printed bill, page 2, line 3, after "(11)," insert "(12)," and strike 2 "(1.5), and (2.5)," and substitute "(2.5)".
3 Page 2, strike lines 7 through 10.
4 Page 3, strike lines 15 and 16 and substitute: 5 "(5.5) "ICC/ANSI A117.1" means the "Accessible and Usable 6 Buildings and Facilities" standard "STANDARD FOR ACCESSIBLE AND 7 USABLE BUILDINGS AND FACILITIES" 2017 EDITION, or any".

L.002

SEN Local Government & Housing

Passed [*]

Plain English: SB109_L.002 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Local Government & Housing.

SB109_L.002 SENATE COMMITTEE OF REFERENCE AMENDMENT Committee on Local Government & Housing.
SB26-109 be amended as follows: 1 Amend printed bill, page 7, line 7, strike "Type B" and substitute "Type 2 C".
3 Page 7, line 17, strike "OR".
4 Page 7, line 18, strike "MULTISTORY." and substitute "MULTISTORY, OR 5 TYPE 2 VISITABLE UNIT.".

L.008

Second Reading

Lost [**]

Plain English: SB109_L.008 Amendment No.

SB109_L.008 Amendment No.
___________ SB26-109 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Suckla 1 Amend printed bill, page 7, after line 13 insert: 2 "SECTION 4.
In Colorado Revised Statutes, add 9-5-105.5 as 3 follows: 4 9-5-105.5.
Exemption.

L.010

Second Reading

Lost [**]

Plain English: SB109_L.010 Amendment No.

SB109_L.010 Amendment No.
___________ SB26-109 HOUSE FLOOR AMENDMENT Second Reading BY REPRESENTATIVE Richardson 1 Amend printed bill, page 7, before line 14 insert: 2 "SECTION 4.
In Colorado Revised Statutes, add 9-5-105.5 as 3 follows: 4 9-5-105.5.
Exemption.

Bill History

2026-04-16 House
House Third Reading Laid Over Daily - No Amendments
2026-04-15 House
House Second Reading Special Order - Passed with Amendments - Committee
2026-04-14 House
House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
2026-03-11 House
Introduced In House - Assigned to Transportation, Housing & Local Government
2026-03-11 Senate
Senate Third Reading Passed - No Amendments
2026-03-10 Senate
Senate Second Reading Passed with Amendments - Committee
2026-03-05 Senate
Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole
2026-02-11 Senate
Introduced In Senate - Assigned to Local Government & Housing

Official Summary Text

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 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.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Current Bill Text

Read the full stored bill text

Second Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
REVISED
This Version Includes All Amendments Adopted
on Second Reading in the Second House
LLS NO. 26-0734.01 Sam Anderson x4218 SENATE BILL 26-109
Senate Committees House Committees
Local Government & Housing Transportation, Housing & Local Government
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
HOUSE
Amended 2nd Reading
April 15, 2026
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
109-2-
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 ICC A117.1" means the "Accessible and12
Usable Buildings and Facilities" standard "STANDARD FOR ACCESSIBLE13
AND 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
109-3-
accordance with ICC/ANSI A117.1, section 1002 ICC A117.1 SECTION1
1103, or any successor section within ICC/ANSI A117.1 ICC 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 ICC A117.1 SECTION 1103, or any5
successor section within ICC/ANSI A117.1 and, if provided, accessible6
laundry facilities 7 on the ground story level ICC A117.1 WHERE THERE7
IS AT LEAST ONE ACCESSIBLE STORY THAT CAN BE ACCESSED VIA AN8
ACCESSIBLE ROUTE CONNECTED TO 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
ICC A117.1 SECTION 1104, or any successor section within ICC/ANSI12
A117.1 ICC A117.1.13
(13) "Type B multistory dwe lling unit" means a multiple -story14
dwelling unit with a ground story level designed in accordance with15
ICC/ANSI A117.1, section 1003 ICC A117.1 SECTION 1104, or any16
successor section within ICC/ANSI A117.1 and, if provided, accessible17
laundry facilities 7 on the ground story level ICC A117.1 WHERE THERE18
IS AT LEAST ONE ACCESSIBLE STORY THAT CAN BE ACCESSED VIA AN19
ACCESSIBLE ROUTE CONNECTED TO AN ACCESSIBLE ENTRANCE.20
(14) "Type B visitable ground floor TYPE C VISITABLE DWELLING21
UNIT" means a multiple-story dwelling unit with an accessible entrance22
and ACCESSIBLE toilet facility designed in accordance with ICC/ANSI23
A117.1, section 1003 ICC A117.1 SECTION 1105, or any successor section24
within ICC/ANSI A117.1 ICC A117.1.25
26
SECTION 2. In Colorado Revised Statutes, 9-5-103, amend (1)27
109-4-
and (2); and repeal (3) as follows:1
9-5-103. Applicability of standards - enforcement.2
(1) The standards and specifications set forth in this article shall3
ARTICLE 5 apply to all buildings and facilities used for housing that are4
constructed in whole or in part by the use of state, county, or municipal5
funds MONEY or the funds MONEY of any political subdivision of the state6
or that are constructed with private funds MONEY. All such buildings and7
facilities to be constructed from plans on which architectural drawings are8
started after July 1, 1975, from any one of these funds or any combination9
thereof shall MUST conform to each of the standards and specifications10
prescribed in this article ARTICLE 5. The governmental unit responsible11
for the enforcement of this article ARTICLE 5 shall grant exceptions to or12
modify any particular standard or specification when it is determined THE13
GOVERNMENTAL UNIT RESPONSIBLE FOR ENFORCEMENT DETERMINES that14
it is impractical and would create an undue hardship. Any such exception15
or modification of the provisions of this article shall ARTICLE 5 MUST be16
made in writing as a matter of public record. These standards and17
specifications shall be adhered to in those buildings and facilities that are18
constructed or proposed on or after April 29, 2003. This article shall19
apply ARTICLE 5 APPLIES to permanent buildings.20
(2) The jurisdiction with responsibility for enforcement of this21
article ARTICLE 5 pursuant to section 9-5-104 shall designate a board of22
appeals OR OTHER PROCESS to hear and resolve appeals of orders,23
decisions, or determinations made by the enforcing agency regarding the24
application and interpretation of this article ARTICLE 5.25
(3) Any building or facility that would have been subject to this26
article 5 but was under construction prior to July 1, 1976, must comply27
109-5-
with the following:1
(a) If the walls or defining boundaries of an element or space are2
altered, then the altered element or space shall comply with the applicable3
provisions of section 9-5-105, unless such alteration is technically4
infeasible. If full compliance with this article is technically infeasible,5
compliance shall be implemented up to the point of technical infeasibility.6
No alteration shall be undertaken that negatively impacts accessibility of7
a building or facility pursuant to ICC/ANSI A117.1. This subsection8
(3)(a) shall not be construed to require the moving of any existing walls9
not otherwise planned to be moved.10
(b) Any additions to a building or facility shall be treated as new11
construction for the purposes of enforcement of this article.12
SECTION 3. In Colorado Revised Statutes, 9-5-105, amend (1)13
and (2)(b) as follows:14
9-5-105. Exemptions for certain privately funded projects.15
(1) Accessible dwelling units shall be provided as required in this16
article ARTICLE 5; except that this article ARTICLE 5 does not apply to17
privately funded projects for the construction of a detached residence18
DETACHED RESIDENTIAL DWELLING UNITS or residences or to other types19
of residential property containing less than seven residential DWELLING20
units. For the purpose of determining the number of accessibility points21
required pursuant to subsection (2) of this section, the accessible dwelling22
unit types shall have the following point values:23
Accessible dwelling A ccessibility point value24
unit type: per dwelling unit:25
Type A dwelling unit 626
Type A multistory dwelling unit 527
109-6-
Type B dwelling unit 41
Type B multistory dwelling unit 32
Type B visitable ground floor3
TYPE C VISITABLE DWELLING UNIT 14
(2) Residential projects.5
(b) A project shall MUST include enough accessible dwelling units6
to achieve at least the specified number of accessibility points required7
pursuant to paragraph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS8
SECTION.9
(I) A project WITH FEWER THAN FIFTY UNITS may use any10
combination of accessible dwelling unit types to comply with this section.11
(II) AT LEAST TWO PERCENT OF UNITS IN A PROJECT WITH FIFTY OR12
MORE UNITS MUST BE ACCESSIBLE DWELLING UNITS AND MUST INCLUDE AT13
LEAST ONE UNIT THAT IS EITHER TYPE A, TYPE A MULTISTORY, TYPE B, 14
TYPE B MULTISTORY, OR TYPE C VISITABLE DWELLING UNIT.15
SECTION 4. In Colorado Revised Statutes, amend 9-5-106 as16
follows:17
9-5-106. Implementation plan.18
The DEVELOPER OR builder of any project regulated by this article19
ARTICLE 5 shall create an implementation plan that guarantees the timely20
and evenly phased delivery of the required number of accessible21
DWELLING units. Such THE plan shall MUST clearly specify the number22
and type of ACCESSIBLE DWELLING units required and the order in which23
they are to be completed. Such THE implementation plan shall MUST be24
subject to approval by the entity with enforcement authority in such THE25
project's jurisdiction. The implementation plan shall not be approved26
ENTITY WITH ENFORCEMENT AUTHORITY SHALL NOT APPROVE THE27
109-7-
IMPLEMENTATION PLAN if more than thirty percent of the project is1
intended to be completed without providing a portion of accessible2
DWELLING units required by section 9-5-105; except that, if an undue3
hardship can be demonstrated, or other guarantees provided are deemed4
THE DEVELOPER OR BUILDER CAN DEMONSTRATE AN UNDUE HARDSHIP OR5
PROVIDE OTHER GUARANTEES THAT THE JURISDICTION WITH6
ENFORCEMENT AUTHORITY DEEMS sufficient, the jurisdiction having7
responsibility for enforcement may grant exceptions to this requirement.8
The implementation plan shall MUST be approved by the governmental9
unit responsible for enforcement before a building permit is issued.10
SECTION 5. Safety clause. The general assembly finds,11
determines, and declares that this act is necessary for the immediate12
preservation of the public peace, health, or safety or for appropriations for13
the support and maintenance of the departments of the state and state14
institutions.15
109-8-