SB 26-109

Senate Bill 26-109 updates Colorado's building codes to better accommodate people with disabilities. It removes outdated definitions and clarifies standards for accessible housing to ensure they meet the needs of individuals who have limited mobility. The bill also allows local agencies to create new ways to handle disputes about these accessibility requirements and requires developers to plan how they will include accessible units in their projects. Since it has been signed, this bill is now law and affects all housing developments and enforcement agencies in Colorado.

Official Summary

The act makes the following changes to statutes concerning accessible housing standards:Defines 'accessible story' as a story on an accessible route that contains living, sleeping, cooking, bathing, and toilet facilities and, if available in the dwelling unit, laundry facilities. A basement is not an 'accessible story' if the basement floor is located more than 4 feet below the exterior finished grade, which is determined by assessing the vertical difference at any point along the exposed periphery of the dwelling unit.Defines 'dwelling unit' as 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 that 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.Defines 'ICC A117.1' as the 'Standard for Accessible and Usable Buildings and Facilities' 2017 edition, or any successor standard, as adopted by reference by the building code of the responsible enforcement agency;Clarifies that 'Type A' and 'Type B multistory dwelling units' must include at least one accessible story that can be accessed via an accessible entrance; Requires projects with fewer than 50 units may use any combination of accessible dwelling units to comply with the standards; Requires projects with 50 or more units to include at least 2% accessible dwelling units, and that they must include at least on unit that is either a 'Type A', 'Type B', 'Type A Multistory', 'Type B Multistory', or 'Type C visitable' dwelling unit; andPermits 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.(Note: This summary applies to this bill as enacted.)

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