Colorado 2025 Regular Session

Colorado House Bill HB1273 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	First Regular Session
2	2	Seventy-fifth General Assembly
3	3	STATE OF COLORADO
4	4	INTRODUCED
5	5
6	6
7	7	LLS NO. 25-0438.01 Pierce Lively x2059
8	8	HOUSE BILL 25-1273
9	9	House Committees Senate Committees
10	10	Transportation, Housing & Local Government
11	11	A BILL FOR AN ACT
12	12	C
13	13	ONCERNING REQUIRING CERTAIN MUNICIPALITIES TO MODIFY101
14	14	BUILDING CODES TO ALLOW FIVE STORIES OF A MULTIFAMILY102
15	15	RESIDENTIAL BUILDING TO BE SERVED BY A SINGLE EXIT .103
16	16	Bill Summary
17	17	(Note: This summary applies to this bill as introduced and does
18	18	not reflect any amendments that may be subsequently adopted. If this bill
19	19	passes third reading in the house of introduction, a bill summary that
20	20	applies to the reengrossed version of this bill will be available at
21	21	http://leg.colorado.gov
22	22	.)
23	23	The bill defines a subject jurisdiction as a municipality with a
24	24	population of 100,000 or more that is served by a fire protection district
25	25	or fire department that is or was accredited by a specified organization.
26	26	On or before December 1, 2027, the bill requires the governing body of
27	27	a subject jurisdiction to adopt a building code, or amend an existing
28	28	HOUSE SPONSORSHIP
29	29	Boesenecker and Woodrow,
30	30	SENATE SPONSORSHIP
31	31	Ball,
32	32	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
33	33	Capital letters or bold & italic numbers indicate new material to be added to existing law.
34	34	Dashes through the words or numbers indicate deletions from existing law. building code, to allow up to 5 stories of a multifamily residential
35	35	building that satisfies certain conditions to be served by a single exit. This
36	36	requirement only applies to the area within a subject jurisdiction that is
37	37	served by a single fire protection district or fire department.
38	38	The bill also clarifies that the adoption or amendment of a building
39	39	code to satisfy the requirements of the bill does not qualify as adopting or
40	40	enforcing a building code for the purpose of determining whether the
41	41	governing body of a municipality is required to adopt an energy code.
42	42	Be it enacted by the General Assembly of the State of Colorado:1
43	43	SECTION 1. Legislative declaration. (1) The general assembly2
44	44	finds and declares that:3
45	45	(a) During the mid-twentieth century, the International Building4
46	46	Code, which many state and local governments in the United States use5
47	47	as the model for their building codes, began requiring buildings over 36
48	48	stories to have at least 2 separate stairway exits accessible from all points7
49	49	on each floor;8
50	50	(b) Multifamily buildings constructed under the current9
51	51	International Building Code must have 2 stairways, leading to most new10
52	52	multifamily buildings in the United States being constructed with housing11
53	53	units off a single corridor with a stairway at each end. This limits the12
54	54	feasibility of 2 and 3 bedroom units since all units except corner units13
55	55	only have windows on one side, according to "Exit Strategy: The Case for14
56	56	Single-Stair Egress" in the Architectural Record;15
57	57	(c) Multifamily buildings with single stairway exits can dedicate16
58	58	more interior space to create larger family-sized units, with multiple17
59	59	bedrooms and improved ventilation due to enabling most housing units18
60	60	to have windows on multiple sides, according to "The Seattle Special: A19
61	61	US City's Unique Approach to Small Infill Lots" Mercatus Center Policy20
62	62	Brief;21
63	63	HB25-1273-2- (d) Multifamily buildings with 2 stairways typically need more1
64	64	than a quarter of an acre per floor to meet underwriting requirements in2
65	65	North American markets, which is far bigger than many small infill lots3
66	66	in Colorado cities, even before accounting for setbacks, landscaping, and4
67	67	other design criteria that limit the buildable area of a lot;5
68	68	(e) Single stairway designs enable economically feasible6
69	69	construction on small infill sites, whereas buildings constructed under the7
70	70	International Building Code with 2 interior stairways and a corridor take8
71	71	up such a significant portion of the allowable floor space that they are9
72	72	typically not physically or economically viable;10
73	73	(f) On a typical infill lot of 5,000 square feet, a second stairway11
74	74	and the hallway to connect it to the first stairway are estimated to take up12
75	75	about 10% of the potentially rentable or sellable floor space, resulting in13
76	76	an additional 10% of housing cost;14
77	77	(g) The city of Seattle, Washington allowed up to 6 story15
78	78	residential buildings to be constructed with a single stairway in 1977,16
79	79	following the recommendations of a building code advisory board to17
80	80	encourage infill redevelopment;18
81	81	(h) New York City began allowing single stairway buildings up19
82	82	to 6 stories several decades ago, and in 2012, the city of Honolulu20
83	83	adopted nearly identical amendments to its building code with regard to21
84	84	egress as Seattle;22
85	85	(i) Small multifamily buildings enabled by eliminating the23
86	86	requirement for 2 stairways would shorten the distance to an egress24
87	87	compared to large multifamily buildings with housing units on both sides25
88	88	of a long corridor, improving resident safety in those cases;26
89	89	(j) Between 2018 and 2022, the United States had a higher rate of27
90	90	HB25-1273
91	91	-3- fire deaths per 100,000 inhabitants than most countries that allow single1
92	92	stairway construction greater than 3 stories, including many countries in2
93	93	Europe, according to the Center for Fire Statistics World Fire Statistics3
94	94	Report, No. 29;4
95	95	(k) In Colorado, there are 18 Commission on Fire Accreditation5
96	96	International Accredited agencies that serve 48 local governments.6
97	97	Accredited agencies are community-oriented, data-driven, and7
98	98	outcome-focused and exemplify organizations that are strategic-minded,8
99	99	well-organized, and properly equipped, staffed, and trained.9
100	100	(l) The International Code Council, which crafts the International10
101	101	Building Code relied upon by states and cities in the United States, is in11
102	102	the process of drafting a code to enable more housing options served by12
103	103	a single stairway;13
104	104	(m) Single stair buildings also support quality of life, health, and14
105	105	energy efficiency by enabling cross ventilation in most units, which15
106	106	enables residents to use operable windows to bring in fresh air to improve16
107	107	indoor air quality and draw in cool air in the summer in an17
108	108	energy-efficient way;18
109	109	(n) Larger jurisdictions in Colorado with a population over19
110	110	100,000 are all considered urban by the federal census and have20
111	111	significant opportunities to develop smart stair buildings on smaller lots21
112	112	in infill areas; and22
113	113	(o) Therefore, the general assembly declares that increasing the23
114	114	housing supply through more flexible construction design for small24
115	115	multifamily buildings is a matter of mixed statewide and local concern.25
116	116	SECTION 2. In Colorado Revised Statutes, add 31-15-604 as26
117	117	follows:27
118	118	HB25-1273
119	119	-4- 31-15-604. Single exit in multifamily residential structure -1
120	120	definition. (1) S
121	121	UBJECT TO THE CONDITIONS SET FORTH IN SUBSECTIONS2
122	122	(2)
123	123	AND (3) OF THIS SECTION AND NOTWITHSTANDING ANY OTHER3
124	124	PROVISION OF LAW, ON OR BEFORE DECEMBER 1, 2027, THE GOVERNING4
125	125	BODY OF A SUBJECT JURISDICTION SHALL ADOPT A BUILDING CODE , OR5
126	126	AMEND THE SUBJECT JURISDICTION'S EXISTING BUILDING CODE, TO ALLOW6
127	127	A SINGLE EXIT TO SERVE NO MORE THAN FIVE STORIES OF A GROUP R -27
128	128	OCCUPANCY IN THE SAME BUILDING , SO LONG AS THAT BUILDING:8
129	129	(a) I
130	130	S PROTECTED THROUGHOUT , INCLUDING AT EACH LANDING OF9
131	131	THE EXIT STAIRWAY, WITH AN AUTOMATIC SPRINKLER SYSTEM THAT IS10
132	132	DESIGNED AND INSTALLED IN ACCORDANCE WITH THE BUILDING CODE ;11
133	133	(b) H
134	134	AS NO MORE THAN TWENTY FEET OF TRAVEL TO THE EXIT12
135	135	STAIRWAY FROM THE EXIT OR ENTRY DOOR OF ANY DWELLING UNIT ;13
136	136	(c) H
137	137	AS NO MORE THAN ONE HUNDRED TWENTY -FIVE FEET OF14
138	138	TRAVEL TO THE EXIT STAIRWAY FROM ANY POINT IN A DWELLING UNIT ;15
139	139	(d) D
140	140	OES NOT HAVE A FLOOR WITH A SQUARE FOOTAGE GREATER16
141	141	THAN SIX THOUSAND SQUARE FEET ;17
142	142	(e) H
143	143	AS NO MORE THAN FOUR DWELLING UNITS PER STORY ;18
144	144	(f) O
145	145	NLY HAS OPENINGS TO THE EXIT STAIRWAY ENCLOSURE THAT19
146	146	ALLOW EXIT ACCESS FROM NORMALLY OCCUPIED SPACES , EXIT ACCESS20
147	147	FROM THE EXIT STAIRWAY ENCLOSURE TO ANOTHER PROTECTED EXIT21
148	148	COMPONENT, AND ACCESS TO THE EXTERIOR FROM THE EXIT STAIRWAY22
149	149	ENCLOSURE;23
150	150	(g) I
151	151	S FULLY PROTECTED THROUGHOUT WITH A MANUAL FIRE24
152	152	ALARM AND AUTOMATIC SMOKE DETECTION SYSTEM , INCLUDING SMOKE25
153	153	DETECTORS IN COMMON AREAS OUTSIDE OF DWELLING UNITS THAT26
154	154	OCCUPANTS OCCUPY, IN ACCORDANCE WITH THE INTERNATIONAL FIRE27
155	155	HB25-1273
156	156	-5- CODE;1
157	157	(h) D
158	158	OES NOT HAVE ELECTRICAL RECEPTACLES IN AN EXIT2
159	159	STAIRWAY ENCLOSURE;3
160	160	(i) H
161	161	AS, IN ACCORDANCE WITH THE BUILDING CODE , AN4
162	162	EMERGENCY ESCAPE AND RESCUE OPENING ON EVERY FLOOR ;5
163	163	(j) H
164	164	AS AN EXIT STAIRWAY THAT IS CONSTRUCTED IN ACCORDANCE6
165	165	WITH INTERNATIONAL BUILDING CODE STANDARDS;7
166	166	(k) H
167	167	AS AN EXIT STAIRWAY THAT IS PROTECTED WITH TWO -HOUR8
168	168	FIRE-RATED STAIR CONSTRUCTION REGARDLESS OF CONSTRUCTION TYPE ; 9
169	169	(l) H
170	170	AS AN EXIT STAIRWAY THAT IS WIDE ENOUGH TO ALLOW10
171	171	SIMULTANEOUS INGRESS AND EGRESS SO LONG AS THE EXIT STAIRWAY IS11
172	172	NOT REQUIRED TO BE GREATER THAN FORTY -EIGHT INCHES WIDE; AND 12
173	173	(m) H
174	174	AS PASSIVE AND ACTIVE FIRE PROTECTION FEATURES THAT13
175	175	ARE PERIODICALLY INSPECTED AND MAINTAINED BY A THIRD -PARTY14
176	176	APPROVED BY THE SUBJECT JURISDICTION .15
177	177	(2) T
178	178	O SATISFY THE REQUIREMENTS OF SUBSECTION (1) OF THIS16
179	179	SECTION, THE GOVERNING BOARD OF A SUBJECT JURISDICTION MAY17
180	180	INCORPORATE BY REFERENCE , OR ADAPT AND ADOPT INTO THE SUBJECT18
181	181	JURISDICTION'S BUILDING CODE, LANGUAGE FROM A PORTION OF AN19
182	182	EXISTING BUILDING CODE OF ANY OTHER AMERICAN JURISDICTION THAT20
183	183	ALLOWS A SINGLE EXIT TO SERVE NO MORE THAN FIVE STORIES OF A GROUP21
184	184	R-2 OCCUPANCY IN THE SAME BUILDING.22
185	185	(3) I
186	186	F A FIRE PROTECTION DISTRICT OR FIRE DEPARTMENT DOES23
187	187	NOT SERVE AN ENTIRE SUBJECT JURISDICTION, THE GOVERNING BOARD OF24
188	188	THAT SUBJECT JURISDICTION MAY SATISFY THE REQUIREMENTS OF25
189	189	SUBSECTION (1) OF THIS SECTION BY ADOPTING OR AMENDING THE26
190	190	SUBJECT JURISDICTION'S EXISTING BUILDING CODE INSOFAR AS IT APPLIES27
191	191	HB25-1273
192	192	-6- ONLY TO THE PORTION OF THE SUBJECT JURISDICTION THAT IS SERVED BY1
193	193	A SINGLE FIRE PROTECTION DISTRICT OR FIRE DEPARTMENT .2
194	194	(4) T
195	195	HE ADOPTION OF A BUILDING CODE, OR THE AMENDMENT OF3
196	196	A SUBJECT JURISDICTION'S EXISTING BUILDING CODE, BY THE GOVERNING4
197	197	BODY OF A SUBJECT JURISDICTION TO COMPLY WITH SUBSECTION (1) OF5
198	198	THIS SECTION, IS NOT ADOPTING OR ENFORCING A BUILDING CODE FOR6
199	199	PURPOSES OF DETERMINING WHETHER A GOVERNING BODY OF A7
200	200	MUNICIPALITY IS REQUIRED TO ADOPT AND ENFORCE AN ENERGY CODE8
201	201	PURSUANT TO SECTION 31-15-602.9
202	202	(5) N
203	203	OTHING IN THIS SECTION REQUIRES THE GOVERNING BODY OF10
204	204	A SUBJECT JURISDICTION TO AMEND A SUBJECT JURISDICTION 'S ZONING11
205	205	CODE WITH RESPECT TO MULTIFAMILY RESIDENTIAL HOUSING .12
206	206	(6) A
207	207	S USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE13
208	208	REQUIRES:14
209	209	(a) "B
210	210	UILDING CODE" MEANS THE MOST CURRENT EDITION OF THE15
211	211	INTERNATIONAL BUILDING CODE PUBLISHED BY THE INTERNATIONAL CODE16
212	212	C
213	213	OUNCIL.17
214	214	(b) "D
215	215	WELLING UNIT" MEANS A SINGLE UNIT PROVIDING18
216	216	COMPLETE, INDEPENDENT LIVING FACILITIES FOR ONE OR MORE PERSONS ,19
217	217	INCLUDING PERMANENT PROVISIONS FOR LIVING , SLEEPING, EATING,20
218	218	COOKING, AND SANITATION.21
219	219	(c) "F
220	220	IRE CODE" MEANS THE MOST CURRENT EDITION OF THE22
221	221	INTERNATIONAL FIRE CODE PUBLISHED BY THE INTERNATIONAL CODE23
222	222	COUNCIL.24
223	223	(d) "G
224	224	ROUP R-2 OCCUPANCY" MEANS A RESIDENTIAL OCCUPANCY25
225	225	CONTAINING SLEEPING UNITS OR MORE THAN TWO DWELLING UNITS WHERE26
226	226	THE OCCUPANTS ARE PRIMARILY PERMANENT IN NATURE .27
227	227	HB25-1273
228	228	-7- (e) "SUBJECT JURISDICTION" MEANS A MUNICIPALITY:1
229	229	(I) W
230	230	ITH A POPULATION OF ONE HUNDRED THOUSAND OR GREATER ;2
231	231	AND3
232	232	(II) T
233	233	HAT IS SERVED BY A FIRE PROTECTION DISTRICT OR FIRE4
234	234	DEPARTMENT THAT HAS BEEN ACCREDITED BY THE COMMISSION ON FIRE5
235	235	A
236	236	CCREDITATION INTERNATIONAL, EVEN IF THE FIRE PROTECTION DISTRICT6
237	237	OR FIRE DEPARTMENT LATER LOSES THAT ACCREDITATION .7
238	238	(f) "T
239	239	WO-HOUR FIRE-RATED STAIR CONSTRUCTION " MEANS8
240	240	CONTINUOUS WALL, FLOOR, OR ROOF ASSEMBLIES ENCLOSING A STAIRWAY9
241	241	THAT ARE DESIGNED TO RESTRICT THE SPREAD OF FIRE , EXCESSIVE HEAT,10
242	242	OR HOT GASES, SUCH THAT THE CONSTRUCTION CONTINUES TO PERFORM11
243	243	ITS STRUCTURAL FUNCTION FOR AT LEAST TWO HOURS AS DETERMINED BY12
244	244	TEST PROCEDURES SET FORTH IN AMERICAN SOCIETY FOR TESTING AND13
245	245	M
246	246	ATERIALS STANDARD E-119, UNDERWRITERS LABORATORIES STANDARD14
247	247	263,
248	248	OR OTHER METHODS APPROVED BY THE RELEVANT SUBJECT15
249	249	JURISDICTION.16
250	250	SECTION 3. Safety clause. The general assembly finds,17
251	251	determines, and declares that this act is necessary for the immediate18
252	252	preservation of the public peace, health, or safety or for appropriations for19
253	253	the support and maintenance of the departments of the state and state20
254	254	institutions.21
255	255	HB25-1273
256	256	-8-