SB 109 Colorado Senate · 2026 Regular Session

Building Code Accessibility

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.)
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Apr 2026
Senate Passage
Apr 2026
House Passage
Apr 2026
Signed into Law
May 2026
Introduced Feb 11, 2026 Signed May 5, 2026
Maddy AI version diff · 6 comparisons

What changed between versions

Final Act Signed Act · 8 edits · May 6, 2026
MODERATE
This bill updates Colorado's building code definitions and enforcement rules to modernize accessibility standards. It adds new definitions for 'accessible story' and 'dwelling unit' to clarify which areas of a building must meet accessibility requirements. The bill also expands exemptions for privately funded projects and introduces new rules for alterations to existing buildings, ensuring that changes do not negatively impact accessibility.
Scope change
The bill expands the scope of definitions to include specific criteria for 'accessible stories' and clarifies that basements are not considered accessible stories if they are more than four feet below grade. It also modifies the applicability of standards to include new provisions for alterations and additions to existing buildings.
DEFINITION

Added a new definition for 'accessible story' to specify that it includes living, sleeping, and cooking facilities on an accessible route, while excluding basements located more than four feet below grade.

Modified the definition of 'ground story level' to correct spelling errors and ensure consistency with other accessibility terms.

Updated the definition of 'ICC/ANSI A117.1' to reference the 2017 edition or any successor standard, ensuring the code remains current.

Revised the definition of 'Residential Dwelling unit' to correct spelling errors and clarify the inclusion of facilities like dormitories and extended-stay motels.

REQUIREMENT

Added new requirements for alterations to existing buildings, stating that changes must comply with accessibility standards unless technically infeasible.

Added a provision treating any additions to a building as new construction for enforcement purposes.

ENFORCEMENT

Modified enforcement provisions to include new language regarding the handling of appeals and exceptions to standards.

EXEMPTIONS

Added new exemptions for certain privately funded projects, allowing flexibility in compliance when full adherence is technically infeasible.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
14
Key actions
7
Committee
2
Amendments
1
May 5, 2026
Signed into law
Governor Signed
executive
Apr 27, 2026
Lower · Passed
Signed by the Speaker of the House
lower
Apr 27, 2026
Upper · Passed
Signed by the President of the Senate
upper
Apr 23, 2026
Introduced
Senate Considered House Amendments - Result was to Concur - Repass
upper
Apr 21, 2026
Lower · Passed
House Third Reading Passed - No Amendments
lower
Apr 14, 2026
Lower · Passed
House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole
lower
Mar 11, 2026
Introduced
Introduced In House - Assigned to Transportation, Housing & Local Government
lower
Mar 11, 2026
Upper · Passed
Senate Third Reading Passed - No Amendments
upper
Mar 5, 2026
Upper · Passed
Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole
upper
Feb 11, 2026
Introduced
Introduced In Senate - Assigned to Local Government & Housing
upper
4 primary · 8 co-sponsors

Sponsors