Compare versions

--- version:Signed Act
+++ version:(document, no version)
@@ -1,203 +1,29 @@
-SENATE BILL 26-109
-BY SENATOR(S) Exum and Cutter, Amabile, Gonzales J., Jodeh, Kipp,
-Wallace, Weissman, Coleman;
-also REPRESENTATIVE(S) Joseph and Ricks, Titone.
-CONCERNING BUILDING CODE STANDARDS FOR ACCESSIBLE HOUSING
-SUPPORTED BY PUBLIC MONEY.
-Be it enacted by the General Assembly of the State of Colorado:
-SECTION 1. In Colorado Revised Statutes, 9-5-101, amend (5.5),
-(10), (11), (12), (13), and (14); repeal (5) and (8); and add (2.5) and (4.5)
-as follows:
-9-5-101. Definitions.
-As used in this article 5, unless the context otherwise requires:
-(2.5) "ACCESSIBLE STORY" MEANS A STORY ON AN ACCESSIBLE
-ROUTE THAT CONTAINS LIVING, SLEEPING, COOKING, BATHING, AND TOILET
-FACILITIES AND, IF AVAILABLEINTHEDWELLING UNIT, LAUNDRY FACILITIES.
-FOR THE PURPOSES OF THIS ARTICLE 5, A BASEMENT IS NOT AN "ACCESSIBLE
-STORY" IF THE BASEMENT FLOOR IS LOCATED MORE THAN FOUR FEET BELOW
-Capital letters or bold & italic numbers indicate new material added to existing law; dashes
-through words or numbers indicate deletions from e.x:isting law and such material is not part of
-the act.
-THE EXTERIOR FINISHED GRADE, WHICH IS DETERMINED BY ASSESSING THE
-VERTICAL DIFFERENCE AT ANY POINT ALONG THE EXPOSED PERIPHERY OF
-THE DWELLING UNIT.
-( 4.5) "DWELLING UNIT" MEANS 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 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.
-(5) "Ground story le'1el" means the lowest story in a dwelling unit
-containing habitable moms or areas with an accessible cntrnncc located on
-an accessible mute that contains living, sleeping, cooking, bathing, and
-toilet facilities. For the purposes of this article, a basement shall not be
-consider cd the ground story le v cl if the finished basement floot is located
-more than four feet below the exterior finished grade determined at any
-point along the exposed periphery of the d w clling unit.
-(5.5) "ICC/ANSI Al 17.1 ICC Al 17.1" means the "Accessible and
-Usable Buildings and Facilities" standard "ST AND ARD FOR ACCESSIBLE AND
-USABLE BUILDINGS AND FACILITIES" 2017 EDITION, or any successor
-standard, promulgated and amended ftom time to time by the international
-code council AS ADOPTED BY REFERENCE BY THE BUILDING CODE OF THE
-RESPONSIBLE ENFORCEMENT AGENCY.
-(8) "Residential Dwelling unit" means any portion ofa building that
-contains living facilities, including a mom or moms in a facility that have
-shatcd cooking, bathing, toilet, or laundry facilities such as dormitories,
-shelters, assisted living facilities, and boarding homes. "Residential
-D w clling unit" also means facilities that include pm vis ions for sleeping,
-cooking, bathing, and toilet facilities fot one ot mot c pct sons and at c used
-fot extended stays, such as timc-shatcs and extended-stay motels.
-"Residential D w clling unit" docs not mean a guest mom in a motel or hotel.
-(10) "Type A dwelling unit" means a dwelling unit designed in
-accordance with ICC/ANSI A117.l, section 1002 ICC A117.1 SECTION
-PAGE 2-SENATE BILL 26-109
-1103, or any successor section within ICC/ANSI A 117 .1 I CC A 117 .1.
-( 11) "Type A multistory dwelling unit" means a multiple-story
-dwelling unit with a ground story level designed in accordance with
-ICC/ANSI A117.1, section 1002 ICC Al 17.1 SECTION 1103, or any
-successor section within ICC/ANSI A 117 .1 and, if pt o v ided, accessible
-laundry facilities on the gt ound story level I CC A 117 .1 WHERE THERE IS AT
-LEAST ONE ACCESSIBLE STORY THAT CAN BE ACCESSED VIA AN ACCESSIBLE
-ROUTE CONNECTED TO AN ACCESSIBLE ENTRANCE.
-(12) "Type B dwelling unit" means a dwelling unit with a ground
-floor level designed in accordance with ICC/ANSI A117.l, section 1003
-ICC A117.l SECTION 1104, or any successor section within ICC/ANSI
-A117.l ICCA117.1.
-(13) "Type B multistory dwelling unit
-11
-means a multiple-story
-dwelling unit with a ground story level that is designed in accordance with
-ICC/ANSI A117.l, section 1003 ICC A117.1 SECTION 1104, or any
-successor section within ICC/ANSI A 117.l and, if pm v ided, accessible
-laundry facilities on the gt ound story level I CC A 117 .1 WHERE THERE IS AT
-LEAST ONE ACCESSIBLE STORY THAT CAN BE ACCESSED VIA AN ACCESSIBLE
-ROUTE CONNECTED TO AN ACCESSIBLE ENTRANCE.
-(14) "Type B visitable ground floor TYPE c VISITABLE DWELLING
-UNIT" means a multiple-story dwelling unit with an accessible entrance and
-ACCESSIBLE toilet facility designed in accordance with ICC/ANSI A 117 .1,
-section 1003 ICC Al 17 .1 SECTION 1105, or any successor section within
-ICC/ANSI A 117 .1 I CC A 117 .1.
-SECTION 2. In Colorado Revised Statutes, 9-5-103, amend (1)
-and (2); and repeal (3) as follows:
-9-5-103. Applicability of standards - enforcement.
-( 1) The standards and specifications set forth in this article shall
-ARTICLE 5 apply to all buildings and facilities used for housing that are
-constructed in whole or in part by the use of state, county, or municipal
-funds MONEY or the funds MONEY of any political subdivision of the state
-or that are constructed with private funds MONEY. All such buildings and
-facilities to be constructed ftotn plans on which architectmal drawings are
-PAGE 3-SENATE BILL 26-109
-started after July 1, 1975, from any one ofthcsc funds or any combination
-thereof shall MUST conform to each of the standards and specifications
-prescribed in this article ARTICLE 5. The governmental unit responsible for
-the enforcement of this article ARTICLE 5 shall grant exceptions to or modify
-any particular standard or specification when it is determined THE
-GOVERNMENT AL UNIT RESPONSIBLE FOR ENFORCEMENT DETERMINES that it
-is impractical and would create an undue hardship. Any sueh exception or
-modification of the provisions of this article shall ARTICLE 5 MUST be made
-in writing as a matter of public record. These standards and specifications
-shall be adhered to in those buildings and facilities that at c constructed or
-proposed on or after April 29, 2003. This article shall apply ARTICLE 5
-APPLIES to permanent buildings.
-(2) The jurisdiction with responsibility for enforcement of this
-article ARTICLE 5 pursuant to section 9-5-104 shall designate a board of
-appeals OR OTHER PROCESS to hear and resolve appeals of orders, decisions,
-or determinations made by the enforcing agency regarding the application
-and interpretation of this article ARTICLE 5.
-(3) Any building or facility that would have been subject to this
-article 5 but was under construction prior to July 1, 1976, must comply with
-the following.
-(a) If the walls or defining boundaries of an clement or space at c
-alter cd, then the alter cd clement or space shall comply with the applicable
-provisions of section 9-5-105, unless such alteration is technically
-infeasible. If full compliance with this article is technically infeasible,
-compliance shall be implemented up to the point of technical infeasibility.
-No alteration shall be undertaken that ncgati v cly irnpacts accessibility of a
-building or facility pursuant to ICC/ANSI Al 17.1. This subsection (3)(a)
-shall not be constt ucd to r cquir c the moving of any existing walls not
-other wise planned to be moved.
-(b) Any additions to a building or facility shall be tr catcd as nc w
-construction fur the purposes of enforcement of this article.
-SECTION 3. In Colorado Revised Statutes, 9-5-105, amend (1)
-and (2)(b) as follows:
-9-5-105. Exemptions for certain privately funded projects.
-PAGE 4-SENATE BILL 26-109
-( 1) Accessible dwelling units shall be provided as required in this
-article ARTICLE 5; except that this article ARTICLE 5 does not apply to
-privately funded projects for the construction of a detached residence
-DETACHED RESIDENTIAL DWELLING UNITS or residences or to other types of
-residential property containing less than seven residential DWELLING units.
-For the purpose of determining the number of accessibility points required
-pursuant to subsection (2) of this section, the accessible dwelling unit types
-shall have the following point values:
-Accessible dwelling
-unit type:
-Type A dwelling unit
-Type A multistory dwelling unit
-Type B dwelling unit
-Type B multistory dwelling unit
-Type B visitable ground floor
-Accessibility point value
-per dwelling unit:
-6
-5
-4
-3
-TYPE C VISITABLE DWELLING UNIT 1
-(2) Residential projects.
-(b) A project shalt MUST include enough accessible dwelling units
-to achieve at least the specified number of accessibility points required
-pursuant to parng1aph (a) of this subsection (2) SUBSECTION (2)(a) OF THIS
-SECTION.
-(I) A project WITH FEWER THAN FIFTY UNITS may use any
-combination of accessible dwelling unit types to comply with this section.
-(II) AT LEAST TWO PERCENT OF UNITS IN A PROJECT WITH FIFTY OR
-MORE UNITS MUST BE ACCESSIBLE DWELLING UNITS AND MUST INCLUDE AT
-LEAST ONE UNIT THAT IS EITHER TYPE A, TYPE A MULTISTORY, TYPE 8,
-TYPE B MULTISTORY, OR TYPE C VISITABLE DWELLING UNIT.
-PAGE 5-SENATE BILL 26-109
-SECTION 4. In Colorado Revised Statutes, amend 9-5-106 as
-follows:
-9-5-106. Implementation plan.
-The DEVELOPER OR builder of any project regulated by this article
-ARTICLE 5 shall create an implementation plan that guarantees the timely
-and evenly phased delivery of the required number of accessible DWELLING
-units. Stteh THE plan shalt MUST clearly specify the number and type of
-ACCESSIBLE DWELLING units required and the order in which they are to be
-completed. Stteh THE implementation plan shalt MUST be subject to
-approval by the entity with enforcement authority in such THE project's
-jurisdiction. The implementation plan shall not be approved ENTITY WITH
-ENFORCEMENT AUTHORITY SHALL NOT APPROVE THE IMPLEMENTATION PLAN
-if more than thirty percent of the project is intended to be completed
-without providing a portion of accessible DWELLING units required by
-section 9-5-105; except that, if an undue hardship ean be demonstrated, 01
-other guarantees provided ate deemed THE DEVELOPER OR BUILDER CAN
-DEMONSTRATE AN UNDUE HARDSHIP OR PROVIDE OTHER GUARANTEES THAT
-THE JURISDICTION WITH ENFORCEMENT AUTHORITY DEEMS sufficient, the
-jurisdiction having responsibility for enforcement may grant exceptions to
-this requirement. The implementation plan shalt MUST be approved by the
-govemmental unit responsible for enforcement before a building permit is
-issued.
-SECTION 5. Safety clause. The general assembly finds,
-determines, and declares that this act is necessary for the immediate
-PAGE 6-SENATE BILL 26-109
-preservation of the public peace, health, or safety or for appropriations for
-the support and maintenance of the departments of the state and state
-institutions.
-James Rashad Coleman, Sr.
-PRESIDENT OF
-THE SENATE
-E er van Mourik
-SECRETARY OF
-THE SENATE
-PAGE 7-SENATE BILL 26-109
-~&usk,ie
-SPEAKER OF THE HOUSE
-OF REPRESENTATIVES
-v~ ,
-~ eilly
-CHIEF CLERK OF THE HOUSE
-OF REPRESENTATIVES
+SB109_L.001
+SENATE COMMITTEE OF REFERENCE AMENDMENT
+Committee on Local Government & Housing.
+SB26-109 be amended as follows:
+1 Amend printed bill, page 2, line 3, after "(11)," insert "(12)," and strike
+2 "(1.5), and (2.5)," and substitute "(2.5)".
+3 Page 2, strike lines 7 through 10.
+4 Page 3, strike lines 15 and 16 and substitute:
+5 "(5.5)  "ICC/ANSI A117.1" means the "Accessible and Usable
+6 Buildings and Facilities" standard "STANDARD FOR ACCESSIBLE AND
+7 USABLE BUILDINGS AND FACILITIES" 2017 EDITION, or any".
+8 Page 4, after line 11 insert:
+9 "(12)  "Type B dwelling unit" means a dwelling unit with a ground
+10 floor level designed in accordance with ICC/ANSI A117.1, section 1003
+11 SECTION 1104, or any successor section within ICC/ANSI A117.1.".
+12 Page 4, line 14, strike "1004," and substitute "1104,".
+13 Page 4, strike line 19 and substitute:
+14 "(14)  "Type B visitable ground floor" means a multiple-story".
+15 Page 4, strike lines 23 and 24 and substitute "1105, or any successor
+16 section within ICC/ANSI A117.1."
+17 Page 4, strike lines 25 through 27.
+18 Page 5, strike lines 1 through 4.
+19 Renumber succeeding sections accordingly.
+20 Page 6, strike line 23 and substitute "privately funded projects for the
+21 construction of a detached residence DETACHED RESIDENTIAL DWELLING
+22 UNITS or".
+23 Page 6, line 25, after "residential" insert "DWELLING".
+** *** ** *** **
+LLS: Sam Anderson x4218