Building 50+ Units? Colorado’s New Accessibility Rules, Explained.

The Bottom Line

If you are building multi-family housing or public accommodations in Colorado, the state just updated the rulebook for accessible units. The new law clarifies exactly what counts as an accessible space and requires developers to build these units evenly throughout construction, rather than saving them all for the end. It is mostly a technical cleanup of building codes, but it creates strict new phasing requirements for major developers.

What This Bill Actually Does

At its core, Senate Bill 26-109 is a modernization of Colorado's building codes regarding accessible housing. Under the old law, the state used somewhat outdated definitions and vague references to ensure that publicly funded housing—and privately funded projects with seven or more units—accommodated individuals with disabilities. This bill scraps the old, confusing definition of a "ground story level" and introduces a much clearer standard for an "accessible story" and an "accessible entrance." For instance, an accessible entrance now explicitly requires a clear opening width of at least 32 inches and must connect directly to an accessible route or elevator. It also clarifies that basements do not count as accessible stories if the floor sits more than four feet below the exterior finished grade.

Beyond the vocabulary updates, the bill narrows the explicit focus of these specific housing standards to serve people with nonambulatory and semiambulatory disabilities—essentially those who use wheelchairs, walkers, or have mobility challenges—rather than a broader, older list that previously included aging, sight, and hearing disabilities. It officially updates the state's reference guide to the 2017 edition of the ICC/ANSI A117.1 standards, which is the national benchmark for accessible buildings. The law also redefines what counts as a "dwelling unit" to explicitly include dormitories, homeless shelters, assisted living facilities, and extended-stay motels, while carving out standard hotel and motel guest rooms, which are handled under different regulations.

The most significant operational shift in the bill is the requirement for a mandatory implementation plan. Developers can no longer push the construction of accessible units to the very end of a massive residential project. Local enforcement agencies must now review and approve a plan that guarantees the "timely and evenly phased delivery" of these units. If a developer's plan attempts to finish more than 30% of the overall project without delivering a proportional share of the accessible units, the local government has to reject the plan before a building permit is ever issued, barring a proven undue hardship.

What It Means for You

For the average Coloradan—especially those with mobility challenges or families who need accessible housing—this bill means you won't be left waiting at the back of the line when a new neighborhood or apartment complex goes up. Because developers are now legally required to submit an implementation plan that phases accessible units evenly throughout the construction timeline, you should see these units hitting the market steadily alongside standard units. You won't have to wait for the final phase of a multi-year buildout just to find an apartment that accommodates a wheelchair or a walker.

If you or a loved one rely on specialized housing situations like assisted living, extended-stay motels, college dormitories, or shelters, this legislation explicitly protects those spaces under the "dwelling unit" accessibility umbrella. The bill mandates that these shared-living facilities adhere to the updated ICC/ANSI A117.1 standards. In practical terms, this means predictable, standardized access: doors that actually provide a minimum 32-inch clearance, accessible route connections, and appropriately designed toilet and bathing facilities. By narrowing the focus specifically to mobility disabilities, the code ensures that structural elements are prioritized for those who physically cannot navigate standard spaces.

Finally, if you are ever involved in a dispute over how these accessibility codes are applied in your community, the bill gives local governments more flexibility to help you resolve it. Instead of forcing every single issue through a formal, often slow board of appeals, local enforcing agencies can now set up "alternative processes" to hear and resolve disputes. This could mean faster, less bureaucratic resolutions when a community member or advocate raises a red flag about an inaccessible entrance or a poorly designed ramp in a newly constructed building.

What It Means for Your Business

If you are a real estate developer, general contractor, or architect in Colorado, SB26-109 demands an immediate update to your project management and compliance playbooks. The biggest operational hurdle you need to prepare for is the new implementation plan requirement. Before you can pull a building permit for any project covered by these rules, you must submit a plan proving you will deliver the required accessible units in an evenly phased manner. The math here is strict: local authorities are explicitly barred from approving your plan if you intend to complete more than 30% of the project without providing a proportional share of the required accessible units. Unless you can prove an "undue hardship" or provide alternative guarantees acceptable to the city or county, saving the accessible units for Phase 3 or Phase 4 of your build is no longer legally viable. You need to sit down with your project managers and adjust your construction sequencing right away.

You also need to review the specific thresholds for how many accessible units you are required to build, which the bill clarifies based on project size. For residential projects with 50 or more units, the law now mandates that at least 2% of the units must be accessible. Furthermore, at least one of those units must meet specific Type A or Type B multi-story requirements. If you are building smaller projects (fewer than 50 units), you retain more flexibility to use any combination of accessible unit types to hit your required "accessibility points." Make sure your entire design team is referencing the 2017 edition of the ICC/ANSI A117.1 standards, as this is now the explicitly codified benchmark for compliance.

Lastly, take note of the updated definitions, particularly if you build mixed-use or specialized residential properties. The bill explicitly loops dormitories, homeless shelters, assisted living facilities, and extended-stay motels into the definition of a "dwelling unit" subject to these specific accessibility rules, while explicitly exempting standard hotel guest rooms. Furthermore, the removal of the confusing "ground story level" language in favor of the "accessible story" definition provides clearer parameters for basement build-outs: if the basement floor sits more than four feet below the exterior finished grade, it doesn't count as an accessible story. Update your blueprints and your permit applications accordingly to avoid costly delays at the municipal planning desk.

Follow the Money

According to the nonpartisan legislative fiscal note, SB26-109 comes with zero fiscal impact for the state or local governments. Because the bill primarily updates statutory definitions to codify current industry practices and eliminates outdated language, it doesn't require any new state funding, nor does it create any new state-level enforcement agencies.

For local governments—the cities and counties that actually issue building permits and conduct inspections—the new requirement to review developer implementation plans is expected to be absorbed into their existing permit review workflows. There are no new taxes, fees, or appropriations attached to this measure. However, while there is no cost to the state, private developers may experience indirect financial impacts. Because the new phasing rules force developers to build accessible units concurrently with standard units, builders whose financing or cash flow relied on completing non-accessible units first will need to restructure their capital planning to accommodate the mandated evenly-phased construction timeline.

Where This Bill Stands

SB26-109 is currently Signed Into Law. The latest official action came on 05/05/2026: Governor Signed.

That means the legislative process is complete and the bill is now law. The remaining questions are about implementation timing and how agencies, businesses, or local governments respond.