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

What This Bill Actually Does

Senate Bill 26-109 updates Colorado's baseline accessibility standards for residential housing. It applies to both publicly and privately funded projects with seven or more units. The bill replaces outdated jargon like "ground story level" with clearer, modernized definitions for "accessible story" and "accessible entrance." For instance, it mandates that accessible doorways must feature clear opening widths of at least 32 inches. Interestingly, it also narrows the legal intent of these specific building codes to focus exclusively on folks with nonambulatory and semiambulatory disabilities (meaning wheelchair users and those with severe mobility challenges), striking older statutory language that included hearing, sight, and aging disabilities.

The biggest mechanical change is the math for developers. Under current law, residential developers use a point system to provide accessible units. This bill keeps that point system but adds a hard floor for larger developments. If a project has 50 or more units, at least 2% of the units must be fully accessible, and at least one must meet higher-tier "Type A" or "Type B" mobility standards based on the International Code Council (ICC) 2017 edition. Projects with fewer than 50 units can still mix and match unit types to hit their point targets without the strict 2% mandate.

Finally, the bill targets the timeline of when these units actually get built. Section 5 requires developers to submit an Implementation Plan before pulling a building permit. Local governments are prohibited from approving this plan if the developer intends to build more than 30% of the total project without finishing a proportional share of the accessible units. It also gives local building departments more flexibility to create alternative processes to handle appeals and disputes, rather than forcing them to rely strictly on a formal board of appeals.

What It Means for You

Finding an accessible apartment that actually fits a wheelchair or walker is notoriously tough in Colorado's housing market. If you or a family member rely on a wheelchair, SB26-109 is designed to put more genuinely accessible inventory on the market. By clarifying the definition of an accessible story—and strictly defining that basement levels sunken more than four feet below grade don't count—the state is updating building definitions that historically allowed units to be technically compliant but practically difficult to use for someone with severe mobility limitations.

This bill also updates the legal definition of a "dwelling unit" to explicitly include dormitories, homeless shelters, assisted living facilities, and extended-stay properties like time-shares. If you're navigating the assisted living or transitional housing markets for an aging parent or vulnerable relative, these newer facilities will be held to the same modernized mobility standards as standard apartment complexes. (Note: standard hotel and motel rooms are explicitly excluded from this specific law).

Here is what you can do right now if this impacts you:

• Check the ICC standards: If you advocate for disability rights, review the 2017 ICC/ANSI A117.1 standards referenced in the bill to see exactly what "Type A" and "Type B" mean for turning radiuses and counter heights.
• Reach out to the committee: Contact the Senate Local Government & Housing Committee to share how housing availability has impacted your family, and let them know whether you think the 2% threshold for large buildings is too high, too low, or just right.

What It Means for Your Business

Developers, general contractors, and architects—this is the one to watch. If you're designing multi-family residential projects of seven units or more in Colorado, SB26-109 rewrites your compliance checklist. The biggest shift hits projects with 50 or more units. You can no longer rely solely on the point system using lower-tier accessible units; you now have a hard mandate that at least 2% of your inventory must be accessible dwelling units, including at least one Type A or Type B unit. You'll need to update your architectural drawings to align with the 2017 edition of the ICC/ANSI A117.1 standards (or whatever version your local jurisdiction has adopted).

The project management side is also getting a shakeup. Section 5's new Implementation Plan requirement is going to change your phasing strategy. You can no longer back-load all your accessible units to the end of the build. Local jurisdictions are legally barred from approving your plan if you try to build more than 30% of the project without delivering a portion of the accessible units. Unless you can prove "undue hardship," you'll need to weave these units into your early construction phases. On the plus side, the bill allows local agencies to bypass formal Boards of Appeal for disputes, potentially offering a faster "alternative process" when you clash with a building inspector over interpretation.

Here are the moves you should make this week:

• Review your pipeline: Audit any upcoming projects of 50+ units that haven't yet pulled building permits to see if your unit mix meets the new 2% and Type A/B mandate.
• Adjust your phasing: Talk to your general contractor about how the 30% phasing rule will impact your construction schedules, material ordering, and draw requests.
• Talk to your local building department: Ask your local officials how they plan to handle the new "alternative appeals process" for accessibility disputes.

Follow the Money

Since this bill was just introduced on February 11, 2026, the official state Fiscal Note hasn't been published yet. However, because this is primarily a regulatory change to local building codes rather than a new state spending program, the direct cost to the Colorado state budget will likely be minimal. The real financial weight falls on private developers and local governments.

For developers, the strict 2% mandate and the updated ICC 2017 standards could increase design and construction costs for larger multi-family projects. More square footage dedicated to turning radiuses and accessible bathrooms can slightly alter the math on rent per square foot. For local governments, building departments will need to spend time (and potentially administrative dollars) updating their compliance checklists, reviewing the newly required Implementation Plans, and designing the new alternative appeals processes.

Where This Bill Stands

Senate Bill 26-109 is fresh out of the gate. It was introduced in the Senate on February 11, 2026, and immediately assigned to the Senate Local Government & Housing Committee. Because it’s sponsored by a mix of legislators (Senators Exum and Cutter, Representatives Joseph and Ricks) and touches on building safety rather than hot-button cultural issues, it has a solid chance of advancing. However, developers and builders' associations will likely weigh in heavily during committee hearings to debate the specific percentages and timelines.

Right now, we're waiting for the committee chair to schedule the first public hearing. If you are a developer, architect, or disability advocate, the next few weeks are your window to suggest amendments—especially regarding the 30% phasing rule or the 50-unit threshold. Watch the committee calendar closely for your chance to testify.