First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0438.01 Pierce Lively x2059
HOUSE BILL 25-1273
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING REQUIRING CERTAIN MUNICIPALITIES TO MODIFY101
BUILDING CODES TO ALLOW FIVE STORIES OF A MULTIFAMILY102
RESIDENTIAL BUILDING TO BE SERVED BY A SINGLE EXIT .103
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 defines a subject jurisdiction as a municipality with a
population of 100,000 or more that is served by a fire protection district
or fire department that is or was accredited by a specified organization.
On or before December 1, 2027, the bill requires the governing body of
a subject jurisdiction to adopt a building code, or amend an existing
HOUSE SPONSORSHIP
Boesenecker and Woodrow,
SENATE SPONSORSHIP
Ball,
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. building code, to allow up to 5 stories of a multifamily residential
building that satisfies certain conditions to be served by a single exit. This
requirement only applies to the area within a subject jurisdiction that is
served by a single fire protection district or fire department.
The bill also clarifies that the adoption or amendment of a building
code to satisfy the requirements of the bill does not qualify as adopting or
enforcing a building code for the purpose of determining whether the
governing body of a municipality is required to adopt an energy code.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds and declares that:3
(a) During the mid-twentieth century, the International Building4
Code, which many state and local governments in the United States use5
as the model for their building codes, began requiring buildings over 36
stories to have at least 2 separate stairway exits accessible from all points7
on each floor;8
(b) Multifamily buildings constructed under the current9
International Building Code must have 2 stairways, leading to most new10
multifamily buildings in the United States being constructed with housing11
units off a single corridor with a stairway at each end. This limits the12
feasibility of 2 and 3 bedroom units since all units except corner units13
only have windows on one side, according to "Exit Strategy: The Case for14
Single-Stair Egress" in the Architectural Record;15
(c) Multifamily buildings with single stairway exits can dedicate16
more interior space to create larger family-sized units, with multiple17
bedrooms and improved ventilation due to enabling most housing units18
to have windows on multiple sides, according to "The Seattle Special: A19
US City's Unique Approach to Small Infill Lots" Mercatus Center Policy20
Brief;21
HB25-1273-2- (d) Multifamily buildings with 2 stairways typically need more1
than a quarter of an acre per floor to meet underwriting requirements in2
North American markets, which is far bigger than many small infill lots3
in Colorado cities, even before accounting for setbacks, landscaping, and4
other design criteria that limit the buildable area of a lot;5
(e) Single stairway designs enable economically feasible6
construction on small infill sites, whereas buildings constructed under the7
International Building Code with 2 interior stairways and a corridor take8
up such a significant portion of the allowable floor space that they are9
typically not physically or economically viable;10
(f) On a typical infill lot of 5,000 square feet, a second stairway11
and the hallway to connect it to the first stairway are estimated to take up12
about 10% of the potentially rentable or sellable floor space, resulting in13
an additional 10% of housing cost;14
(g) The city of Seattle, Washington allowed up to 6 story15
residential buildings to be constructed with a single stairway in 1977,16
following the recommendations of a building code advisory board to17
encourage infill redevelopment;18
(h) New York City began allowing single stairway buildings up19
to 6 stories several decades ago, and in 2012, the city of Honolulu20
adopted nearly identical amendments to its building code with regard to21
egress as Seattle;22
(i) Small multifamily buildings enabled by eliminating the23
requirement for 2 stairways would shorten the distance to an egress24
compared to large multifamily buildings with housing units on both sides25
of a long corridor, improving resident safety in those cases;26
(j) Between 2018 and 2022, the United States had a higher rate of27
HB25-1273
-3- fire deaths per 100,000 inhabitants than most countries that allow single1
stairway construction greater than 3 stories, including many countries in2
Europe, according to the Center for Fire Statistics World Fire Statistics3
Report, No. 29;4
(k) In Colorado, there are 18 Commission on Fire Accreditation5
International Accredited agencies that serve 48 local governments.6
Accredited agencies are community-oriented, data-driven, and7
outcome-focused and exemplify organizations that are strategic-minded,8
well-organized, and properly equipped, staffed, and trained.9
(l) The International Code Council, which crafts the International10
Building Code relied upon by states and cities in the United States, is in11
the process of drafting a code to enable more housing options served by12
a single stairway;13
(m) Single stair buildings also support quality of life, health, and14
energy efficiency by enabling cross ventilation in most units, which15
enables residents to use operable windows to bring in fresh air to improve16
indoor air quality and draw in cool air in the summer in an17
energy-efficient way;18
(n) Larger jurisdictions in Colorado with a population over19
100,000 are all considered urban by the federal census and have20
significant opportunities to develop smart stair buildings on smaller lots21
in infill areas; and22
(o) Therefore, the general assembly declares that increasing the23
housing supply through more flexible construction design for small24
multifamily buildings is a matter of mixed statewide and local concern.25
SECTION 2. In Colorado Revised Statutes, add 31-15-604 as26
follows:27
HB25-1273
-4- 31-15-604. Single exit in multifamily residential structure -1
definition. (1) S
UBJECT TO THE CONDITIONS SET FORTH IN SUBSECTIONS2
(2)
AND (3) OF THIS SECTION AND NOTWITHSTANDING ANY OTHER3
PROVISION OF LAW, ON OR BEFORE DECEMBER 1, 2027, THE GOVERNING4
BODY OF A SUBJECT JURISDICTION SHALL ADOPT A BUILDING CODE , OR5
AMEND THE SUBJECT JURISDICTION'S EXISTING BUILDING CODE, TO ALLOW6
A SINGLE EXIT TO SERVE NO MORE THAN FIVE STORIES OF A GROUP R -27
OCCUPANCY IN THE SAME BUILDING , SO LONG AS THAT BUILDING:8
(a) I
S PROTECTED THROUGHOUT , INCLUDING AT EACH LANDING OF9
THE EXIT STAIRWAY, WITH AN AUTOMATIC SPRINKLER SYSTEM THAT IS10
DESIGNED AND INSTALLED IN ACCORDANCE WITH THE BUILDING CODE ;11
(b) H
AS NO MORE THAN TWENTY FEET OF TRAVEL TO THE EXIT12
STAIRWAY FROM THE EXIT OR ENTRY DOOR OF ANY DWELLING UNIT ;13
(c) H
AS NO MORE THAN ONE HUNDRED TWENTY -FIVE FEET OF14
TRAVEL TO THE EXIT STAIRWAY FROM ANY POINT IN A DWELLING UNIT ;15
(d) D
OES NOT HAVE A FLOOR WITH A SQUARE FOOTAGE GREATER16
THAN SIX THOUSAND SQUARE FEET ;17
(e) H
AS NO MORE THAN FOUR DWELLING UNITS PER STORY ;18
(f) O
NLY HAS OPENINGS TO THE EXIT STAIRWAY ENCLOSURE THAT19
ALLOW EXIT ACCESS FROM NORMALLY OCCUPIED SPACES , EXIT ACCESS20
FROM THE EXIT STAIRWAY ENCLOSURE TO ANOTHER PROTECTED EXIT21
COMPONENT, AND ACCESS TO THE EXTERIOR FROM THE EXIT STAIRWAY22
ENCLOSURE;23
(g) I
S FULLY PROTECTED THROUGHOUT WITH A MANUAL FIRE24
ALARM AND AUTOMATIC SMOKE DETECTION SYSTEM , INCLUDING SMOKE25
DETECTORS IN COMMON AREAS OUTSIDE OF DWELLING UNITS THAT26
OCCUPANTS OCCUPY, IN ACCORDANCE WITH THE INTERNATIONAL FIRE27
HB25-1273
-5- CODE;1
(h) D
OES NOT HAVE ELECTRICAL RECEPTACLES IN AN EXIT2
STAIRWAY ENCLOSURE;3
(i) H
AS, IN ACCORDANCE WITH THE BUILDING CODE , AN4
EMERGENCY ESCAPE AND RESCUE OPENING ON EVERY FLOOR ;5
(j) H
AS AN EXIT STAIRWAY THAT IS CONSTRUCTED IN ACCORDANCE6
WITH INTERNATIONAL BUILDING CODE STANDARDS;7
(k) H
AS AN EXIT STAIRWAY THAT IS PROTECTED WITH TWO -HOUR8
FIRE-RATED STAIR CONSTRUCTION REGARDLESS OF CONSTRUCTION TYPE ; 9
(l) H
AS AN EXIT STAIRWAY THAT IS WIDE ENOUGH TO ALLOW10
SIMULTANEOUS INGRESS AND EGRESS SO LONG AS THE EXIT STAIRWAY IS11
NOT REQUIRED TO BE GREATER THAN FORTY -EIGHT INCHES WIDE; AND 12
(m) H
AS PASSIVE AND ACTIVE FIRE PROTECTION FEATURES THAT13
ARE PERIODICALLY INSPECTED AND MAINTAINED BY A THIRD -PARTY14
APPROVED BY THE SUBJECT JURISDICTION .15
(2) T
O SATISFY THE REQUIREMENTS OF SUBSECTION (1) OF THIS16
SECTION, THE GOVERNING BOARD OF A SUBJECT JURISDICTION MAY17
INCORPORATE BY REFERENCE , OR ADAPT AND ADOPT INTO THE SUBJECT18
JURISDICTION'S BUILDING CODE, LANGUAGE FROM A PORTION OF AN19
EXISTING BUILDING CODE OF ANY OTHER AMERICAN JURISDICTION THAT20
ALLOWS A SINGLE EXIT TO SERVE NO MORE THAN FIVE STORIES OF A GROUP21
R-2 OCCUPANCY IN THE SAME BUILDING.22
(3) I
F A FIRE PROTECTION DISTRICT OR FIRE DEPARTMENT DOES23
NOT SERVE AN ENTIRE SUBJECT JURISDICTION, THE GOVERNING BOARD OF24
THAT SUBJECT JURISDICTION MAY SATISFY THE REQUIREMENTS OF25
SUBSECTION (1) OF THIS SECTION BY ADOPTING OR AMENDING THE26
SUBJECT JURISDICTION'S EXISTING BUILDING CODE INSOFAR AS IT APPLIES27
HB25-1273
-6- ONLY TO THE PORTION OF THE SUBJECT JURISDICTION THAT IS SERVED BY1
A SINGLE FIRE PROTECTION DISTRICT OR FIRE DEPARTMENT .2
(4) T
HE ADOPTION OF A BUILDING CODE, OR THE AMENDMENT OF3
A SUBJECT JURISDICTION'S EXISTING BUILDING CODE, BY THE GOVERNING4
BODY OF A SUBJECT JURISDICTION TO COMPLY WITH SUBSECTION (1) OF5
THIS SECTION, IS NOT ADOPTING OR ENFORCING A BUILDING CODE FOR6
PURPOSES OF DETERMINING WHETHER A GOVERNING BODY OF A7
MUNICIPALITY IS REQUIRED TO ADOPT AND ENFORCE AN ENERGY CODE8
PURSUANT TO SECTION 31-15-602.9
(5) N
OTHING IN THIS SECTION REQUIRES THE GOVERNING BODY OF10
A SUBJECT JURISDICTION TO AMEND A SUBJECT JURISDICTION 'S ZONING11
CODE WITH RESPECT TO MULTIFAMILY RESIDENTIAL HOUSING .12
(6) A
S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
REQUIRES:14
(a) "B
UILDING CODE" MEANS THE MOST CURRENT EDITION OF THE15
INTERNATIONAL BUILDING CODE PUBLISHED BY THE INTERNATIONAL CODE16
C
OUNCIL.17
(b) "D
WELLING UNIT" MEANS A SINGLE UNIT PROVIDING18
COMPLETE, INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS ,19
INCLUDING PERMANENT PROVISIONS FOR LIVING , SLEEPING, EATING,20
COOKING, AND SANITATION.21
(c) "F
IRE CODE" MEANS THE MOST CURRENT EDITION OF THE22
INTERNATIONAL FIRE CODE PUBLISHED BY THE INTERNATIONAL CODE23
COUNCIL.24
(d) "G
ROUP R-2 OCCUPANCY" MEANS A RESIDENTIAL OCCUPANCY25
CONTAINING SLEEPING UNITS OR MORE THAN TWO DWELLING UNITS WHERE26
THE OCCUPANTS ARE PRIMARILY PERMANENT IN NATURE .27
HB25-1273
-7- (e) "SUBJECT JURISDICTION" MEANS A MUNICIPALITY:1
(I) W
ITH A POPULATION OF ONE HUNDRED THOUSAND OR GREATER ;2
AND3
(II) T
HAT IS SERVED BY A FIRE PROTECTION DISTRICT OR FIRE4
DEPARTMENT THAT HAS BEEN ACCREDITED BY THE COMMISSION ON FIRE5
A
CCREDITATION INTERNATIONAL, EVEN IF THE FIRE PROTECTION DISTRICT6
OR FIRE DEPARTMENT LATER LOSES THAT ACCREDITATION .7
(f) "T
WO-HOUR FIRE-RATED STAIR CONSTRUCTION " MEANS8
CONTINUOUS WALL, FLOOR, OR ROOF ASSEMBLIES ENCLOSING A STAIRWAY9
THAT ARE DESIGNED TO RESTRICT THE SPREAD OF FIRE , EXCESSIVE HEAT,10
OR HOT GASES, SUCH THAT THE CONSTRUCTION CONTINUES TO PERFORM11
ITS STRUCTURAL FUNCTION FOR AT LEAST TWO HOURS AS DETERMINED BY12
TEST PROCEDURES SET FORTH IN AMERICAN SOCIETY FOR TESTING AND13
M
ATERIALS STANDARD E-119, UNDERWRITERS LABORATORIES STANDARD14
263,
OR OTHER METHODS APPROVED BY THE RELEVANT SUBJECT15
JURISDICTION.16
SECTION 3. Safety clause. The general assembly finds,17
determines, and declares that this act is necessary for the immediate18
preservation of the public peace, health, or safety or for appropriations for19
the support and maintenance of the departments of the state and state20
institutions.21
HB25-1273
-8-