HOUSE BILL 25-1030
BY REPRESENTATIVE(S) Joseph and Stewart R., Bacon, Boesenecker,
Brown, Clifford, Duran, Froelich, Lindsay, Mabrey, Martinez, Mauro,
Paschal, Phillips, Rutinel, Stewart K., Titone, Velasco, Bird, Lieder,
Valdez, Willford, Woodrow, Zokaie;
also SENATOR(S) Cutter and Winter F., Gonzales J., Hinrichsen, Jodeh,
Kipp, Michaelson Jenet, Snyder, Sullivan, Weissman, Coleman.
C
ONCERNING THE REQUIREMENT THAT CERTAIN BUILDING CODES HAVE
ACCESSIBILITY STANDARDS THAT ARE AT LEAST AS STRINGENT AS
INTERNATIONAL BUILDING CODES
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
finds and declares that:
(a) Accessibility in building design is a fundamental right that
fosters inclusivity and equal opportunity for all individuals, particularly
those with disabilities. In alignment with article 9 of the United Nations
Convention on the Rights of Persons with Disabilities, which emphasizes
the need for persons with disabilities to live independently and participate
fully in all aspects of life, Colorado recognizes the importance of creating
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. an accessible built environment.
(b) It is crucial that Colorado's building codes incorporate
"Americans with Disabilities Act" and "Architectural Barriers Act"
standards, which require that buildings and facilities be accessible to
persons with disabilities;
(c) Aligning local building codes with the internationally recognized
standards set forth by the International Building Code and existing federal
laws is crucial to ensure that all new constructions, renovations, and
alterations adhere to minimum accessibility requirements;
(d) This House Bill 25-1030 requires local governments to adopt or
amend local building codes to meet or exceed these necessary international
building code accessibility standards;
(e) By identifying and eliminating obstacles to accessibility, the
general assembly can create a built environment that is welcoming and
accessible to everyone; and
(f) By prioritizing accessibility in Colorado building codes, state and
local governments can promote the participation of persons with disabilities
in all aspects of community life, thereby enhancing the quality of life for all
Colorado residents.
(2) Therefore, the general assembly declares that establishing
uniform accessibility standards in building codes is of mixed local and
statewide concern to ensure that all individuals may access the physical
environment, transportation, information, and communications on an equal
basis.
SECTION 2. In Colorado Revised Statutes, amend 30-28-204 as
follows:
30-28-204. Amendment of building code. (1) The board of county
commissioners from time to time by resolution may alter and amend any
county building code after public hearing, notice of which hearing shall be
given by at least one publication in a newspaper of general circulation in the
county at least fourteen days prior to said hearing. In no case shall the area
covered by the building code be extended or changed unless the same has
PAGE 2-HOUSE BILL 25-1030 been proposed by or is first submitted for the approval, disapproval, or
suggestions of the county planning commission. Unless the county planning
commission acts within thirty days, approval shall be assumed. The opinion
of the county planning commission shall be advisory only and not binding
upon the board of county commissioners.
(2) W
HEN A BOARD OF COUNTY COMMISSIONERS OR A REGIONAL
BUILDING DEPARTMENT OPERATING THROUGH AN INTERGOVERNMENTAL
AGREEMENT WITH A BOARD OF COUNTY COMMISSIONERS ADOPTS OR
SUBSTANTIALLY AMENDS ANY COUNTY BUILDING CODE
, OR UPDATES AN
ALREADY ADOPTED BUILDING CODE WITH A SUCCEEDING VERSION OF THE
INTERNATIONAL BUILDING CODE
, THE BOARD OR REGIONAL BUILDING
DEPARTMENT SHALL ENSURE THAT THE BUILDING CODE MEETS OR EXCEEDS
THE ACCESSIBILITY STANDARDS ADOPTED IN ONE OF THE TWO MOST RECENT
VERSIONS OF THE INTERNATIONAL BUILDING CODE
, AS ADOPTED BY THE
INTERNATIONAL CODE COUNCIL OR A SUCCESSOR ORGANIZATION .
A
DOPTION OF THE ENERGY-EFFICIENT BUILDING CODES IN ACCORDANCE
WITH SECTION
30-28-211 DOES NOT CONSTITUTE A SUBSTANTIAL
AMENDMENT OR UPDATE TO THE BUILDING CODES FOR PURPOSES OF THIS
SUBSECTION
(2). THE ACCESSIBILITY STANDARDS ADOPTED BY A BOARD OF
COUNTY COMMISSIONERS OR REGIONAL BUILDING DEPARTMENT IN
ACCORDANCE WITH THIS SUBSECTION
(2) CANNOT PROVIDE LESS PROTECTION
THAN WHAT IS REQUIRED BY THE FEDERAL
"AMERICANS WITH DISABILITIES
ACT OF 1990", 42 U.S.C. SEC. 12101 ET SEQ.
(3) T
HE REQUIREMENTS FOR ENSURING ACCESSIBILITY STANDARDS
IN ACCORDANCE WITH SUBSECTION
(2) OF THIS SECTION DO NOT APPLY TO
ONE
- AND TWO-FAMILY DWELLINGS AND TOWNHOMES THAT COMPLY WITH
THE
INTERNATIONAL RESIDENTIAL CODE, AS ADOPTED BY THE
INTERNATIONAL CODE COUNCIL OR A SUCCESSOR ORGANIZATION , OR THAT
COMPLY WITH A LOCAL BUILDING CODE WHOSE ACCESSIBILITY STANDARDS
ARE EQUIVALENT TO THE ACCESSIBILITY STANDARDS IN THE
INTERNATIONAL
RESIDENTIAL CODE.
SECTION 3. In Colorado Revised Statutes, add 31-15-604 as
follows:
31-15-604. Building codes - minimum accessibility standards
required - international building codes. W
HEN A GOVERNING BODY OF A
MUNICIPALITY OR A REGIONAL BUILDING DEPARTMENT OPERATING THR OUGH
PAGE 3-HOUSE BILL 25-1030 AN INTERGOVERNMENTAL AGREEMENT WITH A GOVERNING BODY OF A
MUNICIPALITY ADOPTS OR SUBSTANTIALLY AMENDS ANY MUNICIPAL
BUILDING CODE
, OR UPDATES AN ALREADY ADOPTED BUILDING CODE WITH
A SUCCEEDING VERSION OF THE INTERNATIONAL BUILDING CODE
, THE
GOVERNING BODY OR REGIONAL BUILDING DEPARTMENT SHALL ENSURE
THAT THE BUILDING CODE MEETS OR EXCEEDS THE ACCESSIBILITY
STANDARDS ADOPTED IN ONE OF THE TWO MOST RECENT VERSIONS OF THE
INTERNATIONAL BUILDING CODE
, AS ADOPTED BY THE INTERNATIONAL CODE
COUNCIL OR A SUCCESSOR OR GANIZATION . ADOPTION OF THE
ENERGY
-EFFICIENT BUILDING CODES IN ACCORDANCE WITH SECTION
31-15-602 DOES NOT CONSTITUTE A SUBSTANTIAL AMENDMENT OR UPDATE
TO THE BUILDING CODES FOR PURPOSES OF THIS SECTION
. THE
REQUIREMENTS FOR ENSURING ACCESSIBILITY STANDARDS IN ACCORDANCE
WITH THIS SECTION DO NOT APPLY TO ONE
- AND TWO-FAMILY DWELLINGS
AND TOWNHOMES THAT COMPLY WITH THE
INTERNATIONAL RESIDENTIAL
CODE, AS ADOPTED BY THE INTERNATIONAL CODE COUNCIL OR A
SUCCESSOR ORGANIZATION
, OR THAT COMPLY WITH A LOCAL BUILDING CODE
WHOSE ACCESSIBILITY STANDARDS ARE EQUIVALENT TO THE ACCESSIBILITY
STANDARDS IN THE
INTERNATIONAL RESIDENTIAL CODE. THE ACCESSIBILITY
STANDARDS ADOPTED BY A GOVERNING BODY OF A MUNICIPALITY OR A
REGIONAL BUILDING DEPARTMENT CANNOT PROVIDE LESS PROTECTION THAN
WHAT IS REQUIRED BY THE FEDERAL
"AMERICANS WITH DISABILITIES ACT
OF
1990", 42 U.S.C. SEC. 12101 ET SEQ.
SECTION 4. In Colorado Revised Statutes, 24-33.5-1203, amend
(1)(p) and (1)(p.5) as follows:
24-33.5-1203. Duties of division. (1) The division shall perform
the following duties:
(p) Conduct construction plan reviews and inspect public school and
local district college buildings and structures and enforce the codes adopted
in accordance with sections 22-32-124 (2), and
23-71-122 (1)(v), C.R.S.,
and sections 24-33.5-1213, AND 24-33.5-1213.3. T HE DIVISION SHALL
ENSURE THAT WHEN THE CODES ADOPTED IN ACCORDANCE WITH SECTIONS
22-32-124 (2), 23-71-122 (1)(V), 24-33.5-1213, AND 24-33.5-1213.3 ARE
SUBSTANTIALLY AMENDED
, THE CODES MEET OR EXCEED THE ACCESSIBILITY
STANDARDS ADOPTED BY ONE OF THE TWO MOST RECENT VERSIONS OF THE
INTERNATIONAL BUILDING CODE
, AS ADOPTED BY THE INTERNATIONAL CODE
COUNCIL OR A SUCCESSOR ORGANIZATION .
PAGE 4-HOUSE BILL 25-1030 (p.5) When there is no local building department or fire department,
or for facilities certified or potentially eligible for certification by the
federal centers for medicare and medicaid services, conduct construction
plan reviews and inspections of health facility buildings and structures,
enforce the codes in accordance with sections 24-33.5-1212.5 and
24-33.5-1213, and issue certificates of compliance for such buildings and
structures. T
HE DIVISION SHALL ENSURE THAT WHEN THE CODES ADOPTED
IN ACCORDANCE WITH SECTIONS
24-33.5-1212.5 AND 24-33.5-1213 ARE
SUBSTANTIALLY AMENDED
, THE CODES MEET OR EXCEED THE ACCESSIBILITY
STANDARDS ADOPTED BY ONE OF THE TWO MOST RECENT VERSIONS OF THE
INTERNATIONAL BUILDING CODE
, AS ADOPTED BY THE INTERNATIONAL CODE
COUNCIL OR A SUCCESSOR ORGANIZATION .
SECTION 5. In Colorado Revised Statutes, 24-32-707, add (1.5)
as follows:
24-32-707. Powers of board. (1.5) T
HE BOARD SHALL ENSURE
THAT WHEN THE STANDARDS AND CODES PRESCRIBED IN SUBSECTIONS
(1)(b)
AND (1)(c) OF THIS SECTION ARE SUBSTANTIALLY AMENDED , THE
STANDARDS AND CODES MEET OR EXCEED THE ACCESSIBILITY
REQUIREMENTS IN ONE OF THE TWO MOST RECENT VERSIONS OF THE
INTERNATIONAL BUILDING CODE
, AS ADOPTED BY THE INTERNATIONAL CODE
COUNCIL OR A SUCCESSOR ORGANIZATION .
SECTION 6. Act subject to petition - effective date. This act
takes effect January 1, 2026; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
PAGE 5-HOUSE BILL 25-1030 held in November 2026 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Vanessa Reilly Esther van Mourik
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 6-HOUSE BILL 25-1030