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.
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 19report - definition. (1) Subject to the conditions set forth in
Page 4, Line 20subsections (2), (3), and (4) of this section and notwithstanding
Page 4, Line 21any other provision of law, on or before December 1, 2027, the
Page 5, Line 1governing body of a subject jurisdiction shall adopt a building
Page 5, Line 2code, or amend the subject jurisdiction's existing building code,
Page 5, Line 3to allow a single exit to serve no more than five stories
Page 5, Line 4including any occupiable 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 satisfyinternationalbuilding 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
Page 5, Line 8designed and installed in accordance with the international building code;
Page 5, Line 9(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 10(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 11(e) Except as provided in subsection (1)(f) of this section,
Page 5, Line 12does not have a floor with a square footage greater than four
Page 5, Line 13thousand feet and has an exit stairway that is at least forty-eight inches wide;
Page 5, Line 14(f) Does not have a floor with a square footage greater
Page 5, Line 15than six thousand feet and has an exit stairway whose width is
Page 5, Line 16equal to or greater than a number of inches that is in the same
Page 5, Line 17ratio 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 18(g) Has no more than four dwelling units per story;
Page 5, Line 19(h) Only has openings to the exit stairway enclosure that
Page 5, Line 20allow exit access from normally occupied spaces, exit access
Page 6, Line 1from the exit stairway enclosure to another protected exit
Page 6, Line 2component, and access to the exterior from the exit stairway enclosure;
Page 6, Line 4(i) Is fully protected throughout all common areas with
Page 6, Line 5smoke detection in accordance with the National Fire
Page 6, Line 6Protection Association's standard 72, known as the "National Fire Alarm and Signaling Code", and theinternationalfire code;
Page 6, Line 7(j) Does not have electrical receptacles in an exit stairway enclosure;
Page 6, Line 8(k) Does not have publicly accessible electrical
Page 6, Line 9receptacles in corridors between dwelling units and the exit stairway;
Page 6, Line 10(l) Has, in accordance with theinternational building code, an emergency escape and rescue opening on every floor;
Page 6, Line 11(m) Has an exit stairway that is constructed in accordance with theinternationalbuilding code;
Page 6, Line 12(n) Has a fire-resistant box that contains keys to access
Page 6, Line 13the building and the dwelling units in the building, is accessible
Page 6, Line 14to relevant firefighters, and is accompanied by a sign indicating that the building is only served by a single exit stairway;
Page 6, Line 15(o) Has an exit stairway that is protected with two-hour fire-rated stair construction regardless of construction type;
Page 6, Line 16(p) Has an exit stairway that is wide enough to allow simultaneous ingress and egress; and
Page 6, Line 17(q) Has passive and active fire protection features in
Page 6, Line 18occupiable spaces throughout the building, including individual
Page 7, Line 1dwelling units, that are periodically inspected and maintained by a third-party approved by the subject jurisdiction;
Page 7, Line 2(r) Has corridors that all have a minimum of one hour of
Page 7, Line 3fire resistance, in accordance with theinternationalbuilding code;
Page 7, Line 4(s) Has elevator and exit stairway enclosures that all
Page 7, Line 5have smoke control systems, in accordance with theinternationalfire code;
Page 7, Line 6(t) Has elevators that are all within two-hour shaft
Page 7, Line 7enclosures, in accordance with theinternationalbuilding code;
Page 7, Line 8(u) Does not allow storage, including the storage of
Page 7, Line 9deliveries, trash, and recycling, within the space between dwelling unit doors and the exitstairway; and
Page 7, Line 10(v) Does not have more than one story below grade plane.
Page 7, Line 11(2) To satisfy the requirements of subsection (1) of this
Page 7, Line 12section, the governing board of a subject jurisdiction may
Page 7, Line 13incorporate by reference, or adapt and adopt into the subject
Page 7, Line 14jurisdiction's building code, language from a portion of an
Page 7, Line 15existing building code of any other American jurisdiction that
Page 7, Line 16allows a single exit to serve no more than five stories including
Page 7, Line 17any occupiable roof of a group r-2 occupancy in the same
Page 7, Line 18building, so long as the incorporated, adapted, or adopted language would satisfy the requirements of this section.
Page 7, Line 19(3) A subject jurisdiction shall coordinate with the
Page 7, Line 20applicable fire protection district, fire department, or fire
Page 7, Line 21authority to ensure, in accordance with standards established
Page 8, Line 1in the international building code and international fire code,
Page 8, Line 2that, for a building that serves no more than five stories of a
Page 8, Line 3group r-2 occupancy and satisfies the requirements of this section:
Page 8, Line 4(a) Aerial apparatus of the applicable fire protection
Page 8, Line 5district, fire department, or fire authority can reach the highest point of the building;
Page 8, Line 6(b) The site design allows for direct vertical access to
Page 8, Line 7the roofline and all upper floors from at least one of the
Page 8, Line 8required aerial access sides using an aerial apparatus deployed from ground level; and
Page 8, Line 9(c) The site design provides unobstructed aerial apparatus access deployment or positioning.
Page 8, Line 10(4) In addition to the requirements described in subsection
Page 8, Line 11(1) of this section, if a building has been constructed with a
Page 8, Line 12single exit, the building's landlord, manager, or owner shall
Page 8, Line 13conduct inspections of the building's dwelling units, in addition
Page 8, Line 14to third-party inspections, and permission for the inspections
Page 8, Line 15shall be included in the lease agreements for each dwelling unit.
Page 8, Line 16(5) If a fire protection district or fire department does
Page 8, Line 17not serve an entire subject jurisdiction, the governing board of
Page 8, Line 18that subject jurisdiction may satisfy the requirements of
Page 8, Line 19subsection (1) of this section by adopting or amending the
Page 8, Line 20subject jurisdiction's existing building code insofar as it applies
Page 8, Line 21only to the portion of the subject jurisdiction that is served by
Page 8, Line 22a single fire protection district or fire department.
Page 9, Line 1(6) The adoption of a building code, or the amendment of
Page 9, Line 2a subject jurisdiction's existing building code, by the governing
Page 9, Line 3body of a subject jurisdiction to comply with subsection (1) of
Page 9, Line 4this section, is not adopting or enforcing a building code for
Page 9, Line 5purposes of determining whether a governing body of a
Page 9, Line 6municipality is required to adopt and enforce an energy code pursuant to section 31-15-602.
Page 9, Line 7(7) A subject jurisdiction shall include the local
Page 9, Line 8International Association of Fire Fighter's affiliate, if one
Page 9, Line 9exists, within the subject jurisdiction's jurisdiction and the
Page 9, Line 10Colorado Professional Fire Fighters Association on the list of
Page 9, Line 11persons to provide notice of meetings pursuant to section
Page 9, Line 1224-6-402 (7) with respect to the discussion of adopting or
Page 9, Line 13amending a building code pursuant to subsection (1) of this section.
Page 9, Line 14(8) Nothing in this section requires the governing body of
Page 9, Line 15a subject jurisdiction to amend a subject jurisdiction's zoning code with respect to multifamily residential housing.
Page 9, Line 16(9) Nothing in this section prevents a subject jurisdiction,
Page 9, Line 17fire protection district, fire department, or fire authority from
Page 9, Line 18applying and enforcing a locally adopted life safety code. A
Page 9, Line 19locally adopted life safety code may include, but is not limited
Page 9, Line 20to, standards governing emergency vehicle site access, fire hydrant spacing, and landscape clearance.
Page 9, Line 21(10) A subject jurisdiction shall ensure that a building
Page 9, Line 22that serves no more than five stories of a group r-2 occupancy
Page 9, Line 23and satisfies the requirements of this section:
Page 10, Line 1(a) Retains its legal occupancy status, even if a future
Page 10, Line 2building code adopted by the subject jurisdiction would disallow the construction of that building; and
Page 10, Line 3(b) If that building is damaged or destroyed, the subject
Page 10, Line 4jurisdiction shall allow the building to be rebuilt according to
Page 10, Line 5the same standards that were in place when the subject
Page 10, Line 6jurisdiction issued the original construction permit for the building.
Page 10, Line 7(11) (a) On or before December 1, 2028, and each December
Page 10, Line 81 thereafter, a subject jurisdiction shall report to the state
Page 10, Line 9demography office in the department of local affairs, in a form
Page 10, Line 10and manner determined by the state demography office, concerning the previous twelve months:
Page 10, Line 11(I) The number of permits that the subject jurisdiction
Page 10, Line 12issued for the construction of buildings with a single exit that
Page 10, Line 13serves no more than five stories of a group r-2 occupancy and satisfies the requirements of this section; and
Page 10, Line 14(II) For each building that the subject jurisdiction issued a permit as described in subsection (10)(a)(I) of this section:
Page 10, Line 15(A) The number of dwelling units in the building;
(B) The number of stories that the building has;
Page 10, Line 16(C) The gross building area; and
Page 10, Line 17(D) The total number of emergency incidents, including
Page 10, Line 18fire and medical calls, that occurred, as reported by the relevant emergency dispatch center.
Page 10, Line 19(b) (I) Prior to January 2032, the department of local
Page 10, Line 20affairs shall consult with the Colorado professional fire
Page 11, Line 1fighters association concerning the implementation of this section.
Page 11, Line 2(II) In January 2032, the department of local affairs shall
Page 11, Line 3include, as part of its presentation during its "SMART Act"
Page 11, Line 4hearing required by section 2-7-203, information concerning the implementation of this section.
Page 11, Line 5(12) Nothing in this section prevents a governing body of
Page 11, Line 6a subject jurisdiction from allowing any type of building with
Page 11, Line 7group r-2 occupancy to be served by a single exit in accordance
Page 11, Line 8with an edition of the international building code published by the International Code Council on or after January 1, 2027.
Page 11, Line 9(13) Nothing in this section prevents the governing body
Page 11, Line 10of a subject jurisdiction from applying sections of the
Page 11, Line 11international building code, the international fire code,
Page 11, Line 12referenced standards, and other ordinances or laws not
Page 11, Line 13specifically referenced in this section to a building served by single exit.
Page 11, Line 14(14) As used in this section, unless the context otherwise requires:
Page 11, Line 16(a) "Dwelling unit" means a single unit providing complete,
Page 11, Line 17independent living facilities for one or more persons, including
Page 11, Line 18permanent provisions for living, sleeping, eating, cooking, and sanitation.
Page 11, Line 20(b) "Group r-2 occupancy" means a residential occupancy
Page 11, Line 21containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.
Page 12, Line 1(c) "International building code" means the most current
Page 12, Line 2edition of the international building code published by the International Code Council.
Page 12, Line 3(d) "International fire code" means the most current
Page 12, Line 4edition of the international fire code published by the International Code Council.
Page 12, Line 5(e) "Subject jurisdiction" means a municipality:
Page 12, Line 6(I) With a population of one hundred thousand or greater; and
Page 12, Line 7(II) That is served by a fire protectiondistrict, fire
Page 12, Line 8department, or fire authority that has been accredited by the
Page 12, Line 9Commission on Fire Accreditation International, even if the fire
Page 12, Line 10protection district, fire department, or fire authority later
Page 12, Line 11loses that accreditation, and that meets the aerial apparatus
Page 12, Line 12requirements for the fire protection district's, fire department's,
Page 12, Line 13or fire authority's Insurance Services Office public protection classification rating.
Page 12, Line 14(f) "Two-hour fire-rated stair construction" means
Page 12, Line 15continuous wall, floor, or roof assemblies enclosing a stairway
Page 12, Line 16that are designed to restrict the spread of fire, excessive heat,
Page 12, Line 17or hot gases, such that the construction continues to perform
Page 12, Line 18its structural function for at least two hours as determined by
Page 12, Line 19test procedures set forth in American Society for Testing and
Page 12, Line 20Materials standard E-119, Underwriters Laboratories standard
Page 12, Line 21263, or other methods approved by the relevant subject
Page 12, Line 22jurisdiction.
(15) This section is repealed, effective July 1, 2037.
Page 13, Line 1SECTION 3. Safety clause. The general assembly finds,
Page 13, Line 2determines, and declares that this act is necessary for the immediate
Page 13, Line 3preservation of the public peace, health, or safety or for appropriations for
Page 13, Line 4the support and maintenance of the departments of the state and state institutions.