A Bill for an Act
Page 1, Line 101Concerning requiring certain municipalities to modify
Page 1, Line 102building codes to allow five stories of a multifamily
Page 1, Line 103residential building to be served by a single exit.
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 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.
This Unofficial Version Includes Committee
Amendments Not Yet Adopted on Second Reading
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. Legislative declaration. (1) The general assembly finds and declares that:
Page 2, Line 3(a) During the mid-twentieth century, the International Building
Page 2, Line 4Code, which many state and local governments in the United States use
Page 2, Line 5as the model for their building codes, began requiring buildings over 3
Page 2, Line 6stories to have at least 2 separate stairway exits accessible from all points on each floor;
Page 2, Line 7(b) Multifamily buildings constructed under the current
Page 2, Line 8International Building Code must have 2 stairways, leading to most new
Page 2, Line 9multifamily buildings in the United States being constructed with housing
Page 2, Line 10units off a single corridor with a stairway at each end. This limits the
Page 2, Line 11feasibility of 2 and 3 bedroom units since all units except corner units
Page 2, Line 12only have windows on one side, according to "Exit Strategy: The Case for Single-Stair Egress" in the Architectural Record;
Page 2, Line 13(c) Multifamily buildings with single stairway exits can dedicate
Page 2, Line 14more interior space to create larger family-sized units, with multiple
Page 2, Line 15bedrooms and improved ventilation due to enabling most housing units
Page 2, Line 16to have windows on multiple sides, according to "The Seattle Special: A
Page 2, Line 17US City's Unique Approach to Small Infill Lots" Mercatus Center Policy
Page 2, Line 18Brief;
Page 3, Line 1(d) Multifamily buildings with 2 stairways typically need more
Page 3, Line 2than a quarter of an acre per floor to meet underwriting requirements in
Page 3, Line 3North American markets, which is far bigger than many small infill lots
Page 3, Line 4in Colorado cities, even before accounting for setbacks, landscaping, and other design criteria that limit the buildable area of a lot;
Page 3, Line 5(e) Single stairway designs enable economically feasible
Page 3, Line 6construction on small infill sites, whereas buildings constructed under the
Page 3, Line 7International Building Code with 2 interior stairways and a corridor take
Page 3, Line 8up such a significant portion of the allowable floor space that they are typically not physically or economically viable;
Page 3, Line 9(f) On a typical infill lot of 5,000 square feet, a second stairway
Page 3, Line 10and the hallway to connect it to the first stairway are estimated to take up
Page 3, Line 11about 10% of the potentially rentable or sellable floor space, resulting in an additional 10% of housing cost;
Page 3, Line 12(g) The city of Seattle, Washington allowed up to 6 story
Page 3, Line 13residential buildings to be constructed with a single stairway in 1977,
Page 3, Line 14following the recommendations of a building code advisory board to encourage infill redevelopment;
Page 3, Line 15(h) New York City began allowing single stairway buildings up
Page 3, Line 16to 6 stories several decades ago, and in 2012, the city of Honolulu
Page 3, Line 17adopted nearly identical amendments to its building code with regard to egress as Seattle;
Page 3, Line 18(i) Small multifamily buildings enabled by eliminating the
Page 3, Line 19requirement for 2 stairways would shorten the distance to an egress
Page 3, Line 20compared to large multifamily buildings with housing units on both sides of a long corridor;
Page 4, Line 1(j) In Colorado, there are 18 Commission on Fire Accreditation
Page 4, Line 2International Accredited agencies that serve 48 local governments.
Page 4, Line 3Accredited agencies are community-oriented, data-driven, and
Page 4, Line 4outcome-focused and exemplify organizations that are strategic-minded, well-organized, and properly equipped, staffed, and trained.
Page 4, Line 5(k) The International Code Council, which crafts the International
Page 4, Line 6Building Code relied upon by states and cities in the United States, is in
Page 4, Line 7the process of drafting a code to enable more housing options served by a single stairway;
Page 4, Line 8(l) Single stair buildings also support quality of life, health, and
Page 4, Line 9energy efficiency by enabling cross ventilation in most units, which
Page 4, Line 10enables residents to use operable windows to bring in fresh air to improve
Page 4, Line 11indoor air quality and draw in cool air in the summer in an energy-efficient way;
Page 4, Line 12(m) Larger jurisdictions in Colorado with a population over
Page 4, Line 13100,000 are all considered urban by the federal census and have
Page 4, Line 14significant opportunities to develop smart stair buildings on smaller lots in infill areas; and
Page 4, Line 15(n) Therefore, the general assembly declares that increasing the
Page 4, Line 16housing supply through more flexible construction design for small multifamily buildings is a matter of mixed statewide and local concern.
Page 4, Line 17SECTION 2. In Colorado Revised Statutes, add 31-15-604 as follows:
Page 4, Line 1831-15-604. Single exit in multifamily residential structure -
Page 4, Line 19definition. (1) Subject to the conditions set forth in subsections
Page 4, Line 20(2), (3), and (4) of this section and notwithstanding any other
Page 4, Line 21provision of law, on or before December 1, 2027, the governing
Page 5, Line 1body of a subject jurisdiction shall adopt a building code, or
Page 5, Line 2amend the subject jurisdiction's existing building code, to allow
Page 5, Line 3a single exit to serve no more than five stories including any
Page 5, Line 4occupiable roof of a group r-2 occupancy in the same building, so long as that building:
Page 5, Line 5(a) Is constructed of materials that satisfy building code type I, type II, or type IV construction standards;
Page 5, Line 6(b) Is protected throughout, including at each landing of
Page 5, Line 7the exit stairway, with an automatic sprinkler system that is designed and installed in accordance with the building code;
Page 5, Line 8(c) Has no more than twenty feet of travel to the exit stairway from the exit or entry door of any dwelling unit;
Page 5, Line 9(d) Has no more than one hundred twenty-five feet of travel to the exit stairway from any point in a dwelling unit;
Page 5, Line 10(e) Except as provided in subsection (1)(f) of this section,
Page 5, Line 11does not have a floor with a square footage greater than four
Page 5, Line 12thousand feet and has an exit stairway that is at least forty-eight inches wide;
Page 5, Line 13(f) Does not have a floor with a square footage greater
Page 5, Line 14than six thousand feet and has an exit stairway whose width is
Page 5, Line 15equal to or greater than a number of inches that is in the same
Page 5, Line 16ratio to forty-eight as the square footage of the floor is to four thousand but that is less than fifty-four inches;
Page 5, Line 17(g) Has no more than four dwelling units per story;
Page 5, Line 18(h) Only has openings to the exit stairway enclosure that
Page 5, Line 19allow exit access from normally occupied spaces, exit access
Page 5, Line 20from the exit stairway enclosure to another protected exit
Page 6, Line 1component, and access to the exterior from the exit stairway enclosure;
Page 6, Line 3(i) Is fully protected throughout all common areas with
Page 6, Line 4smoke detection in accordance with the National Fire
Page 6, Line 5Protection Association's standard 72, known as the "National Fire Alarm and Signaling Code", and the fire code;
Page 6, Line 6(j) Does not have electrical receptacles in an exit stairway enclosure;
Page 6, Line 7(k) Does not have publicly accessible electrical
Page 6, Line 8receptacles in corridors between dwelling units and the exit stairway;
Page 6, Line 9(l) Has, in accordance with the building code, an emergency escape and rescue opening on every floor;
Page 6, Line 10(m) Has an exit stairway that is constructed in accordance with the building code;
Page 6, Line 11(n) Has a fire-resistant box that contains keys to access
Page 6, Line 12the building and the dwelling units in the building, is accessible
Page 6, Line 13to relevant firefighters, and is accompanied by a sign indicating that the building is only served by a single exit stairway;
Page 6, Line 14(o) Has an exit stairway that is protected with two-hour fire-rated stair construction regardless of construction type;
Page 6, Line 15(p) Has an exit stairway that is wide enough to allow simultaneous ingress and egress; and
Page 6, Line 16(q) Has passive and active fire protection features in
Page 6, Line 17occupiable spaces throughout the building, including individual
Page 6, Line 18dwelling units, that are periodically inspected and maintained by a third-party approved by the subject jurisdiction;
Page 7, Line 1(r) Has corridors that all have a minimum of one hour of fire resistance, in accordance with the building code;
Page 7, Line 2(s) Has elevator and exit stairway enclosures that all have smoke control systems, in accordance with the fire code;
Page 7, Line 3(t) Has elevators that are all within two-hour shaft enclosures, in accordance with the building code;
Page 7, Line 4(u) Does not allow storage, including the storage of
Page 7, Line 5deliveries, trash, and recycling, within the space between dwelling unit doors and the exitstairway; and
Page 7, Line 6(v) Has not more than one story below grade plane.
Page 7, Line 7(2) To satisfy the requirements of subsection (1) of this
Page 7, Line 8section, the governing board of a subject jurisdiction may
Page 7, Line 9incorporate by reference, or adapt and adopt into the subject
Page 7, Line 10jurisdiction's building code, language from a portion of an
Page 7, Line 11existing building code of any other American jurisdiction that
Page 7, Line 12allows a single exit to serve no more than five stories including
Page 7, Line 13any occupiable roof of a group r-2 occupancy in the same
Page 7, Line 14building, so long as the incorporated, adapted, or adopted language would satisfy the requirements of this section.
Page 7, Line 15(3) In addition to the requirements described in subsection
Page 7, Line 16(1) of this section, a subject jurisdiction shall only allow a
Page 7, Line 17single exit in a building in which, in addition to third-party
Page 7, Line 18inspections of the building's dwelling units, the building's
Page 7, Line 19landlord, manager, or owner conducts inspections of the
Page 7, Line 20building's dwelling units and permission for these inspections is
Page 7, Line 21included within the lease agreements of every one of the building's residents.
Page 8, Line 1(4) If a fire protection district or fire department does
Page 8, Line 2not serve an entire subject jurisdiction, the governing board of
Page 8, Line 3that subject jurisdiction may satisfy the requirements of
Page 8, Line 4subsection (1) of this section by adopting or amending the
Page 8, Line 5subject jurisdiction's existing building code insofar as it applies
Page 8, Line 6only to the portion of the subject jurisdiction that is served by a single fire protection district or fire department.
Page 8, Line 7(5) The adoption of a building code, or the amendment of
Page 8, Line 8a subject jurisdiction's existing building code, by the governing
Page 8, Line 9body of a subject jurisdiction to comply with subsection (1) of
Page 8, Line 10this section, is not adopting or enforcing a building code for
Page 8, Line 11purposes of determining whether a governing body of a
Page 8, Line 12municipality is required to adopt and enforce an energy code pursuant to section 31-15-602.
Page 8, Line 13(6) A subject jurisdiction shall include the local
Page 8, Line 14International Association of Fire Fighter's affiliate, if one
Page 8, Line 15exists, within the subject jurisdiction's jurisdiction and the
Page 8, Line 16Colorado Professional Fire Fighters Association on the list of
Page 8, Line 17persons to provide notice of meetings pursuant to section
Page 8, Line 1824-6-402 (7) with respect to the discussion of adopting or
Page 8, Line 19amending a building code pursuant to subsection (1) of this section.
Page 8, Line 20(7) Nothing in this section requires the governing body of
Page 8, Line 21a subject jurisdiction to amend a subject jurisdiction's zoning code with respect to multifamily residential housing.
Page 8, Line 22(8) Nothing in this section prevents the governing body of
Page 9, Line 1a subject jurisdiction from applying sections of the building
Page 9, Line 2code, the fire code, referenced standards, and other ordinances
Page 9, Line 3or laws not specifically referenced herein to a building served by single exit.
Page 9, Line 4(9) As used in this section, unless the context otherwise requires:
Page 9, Line 5(a) "Building code" means the most current edition of the
Page 9, Line 6international building code published by the International Code Council.
Page 9, Line 7(b) "Dwelling unit" means a single unit providing
Page 9, Line 8complete, independent living facilities for one or more persons,
Page 9, Line 9including permanent provisions for living, sleeping, eating, cooking, and sanitation.
Page 9, Line 10(c) "Fire code" means the most current edition of the
Page 9, Line 11international fire code published by the international code council.
Page 9, Line 12(d) "Group r-2 occupancy" means a residential occupancy
Page 9, Line 13containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.
Page 9, Line 14(e) "Subject jurisdiction" means a municipality:
Page 9, Line 15(I) With a population of one hundred thousand or greater; and
Page 9, Line 16(II) That is served by a fire protectiondistrict, fire
Page 9, Line 17department, or fire authority that has been accredited by the
Page 9, Line 18Commission on Fire Accreditation International, even if the fire
Page 9, Line 19protection district, fire department, or fire authority later
Page 9, Line 20loses that accreditation, and that meets the aerial apparatus
Page 10, Line 1requirements for the fire protection district's, fire department's,
Page 10, Line 2or fire authority's Insurance Services Office public protection classification rating.
Page 10, Line 3(f) "Two-hour fire-rated stair construction" means
Page 10, Line 4continuous wall, floor, or roof assemblies enclosing a stairway
Page 10, Line 5that are designed to restrict the spread of fire, excessive heat,
Page 10, Line 6or hot gases, such that the construction continues to perform
Page 10, Line 7its structural function for at least two hours as determined by
Page 10, Line 8test procedures set forth in American Society for Testing and
Page 10, Line 9Materials standard E-119, Underwriters Laboratories standard
Page 10, Line 10263, or other methods approved by the relevant subject jurisdiction.
Page 10, Line 11SECTION 3. Safety clause. The general assembly finds,
Page 10, Line 12determines, and declares that this act is necessary for the immediate
Page 10, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 10, Line 14the support and maintenance of the departments of the state and state institutions.