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Residential Stair Modernization

Overview

The following guidance is preliminary and will be supplemented with additional detail at a later date. It is provided for informational purposes only and does not constitute legal advice.

By December 1, 2027, HB25-1273 requires certain large Colorado municipalities to update their building codes to allow multifamily residential buildings up to 5 stories to be served by a single exit stairway if the design of those buildings meets specific fire safety, structural, and design criteria to ensure safe egress in case of fire. Local governments may continue to adopt and enforce local building codes that meet the standards of the law and no changes to local zoning ordinances are required. The bill requires local governments to coordinate any required building code changes with the local fire department, authority, or protection district to ensure safe ingress and egress. It also requires municipalities covered by the law to file annual reports on permit activity and emergency incidents related to single-stair buildings.

Legislation (HB 25-1273) implementation work is ongoing. Please check back regularly for updates.

Purpose and Benefits

Per the legislative declaration of HB25-1273, this policy change responds to growing concerns about housing affordability and design limitations imposed by two-stairway requirements in the International Building Code (IBC). Single-stair buildings can make better use of limited space on small infill lots common in urbanized areas, and support opportunities for family-sized units. Multifamily buildings with more than three stories constructed under the current IBC must have two stairways, leading to most new multifamily buildings being constructed with housing units off a single corridor with a stairway at each end. Single-stair buildings can also increase the energy efficiency and indoor air quality (through better cross-ventilation) of units.

This approach, already in use in U.S. cities like Seattle, Boston, New York, and Honolulu, is intended to support more flexible, affordable, and livable housing options.

"Subject jurisdiction" means a municipality:

  • With a population of one hundred thousand or greater; and 
  • That is served by a fire protection district, fire department, or fire authority that has been accredited by the Commission on Fire Accreditation International, even if the fire protection district, fire department, or fire authority later loses that accreditation, and that meets the aerial apparatus requirements for the fire protection district's, fire department's, or fire authority's Insurance Services Office public protection classification rating.

The following is a preliminary list of subject jurisdictions:

  • Arvada
  • Aurora
  • Boulder
  • Centennial
  • Colorado Springs
  • Denver
  • Fort Collins
  • Greeley
  • Lakewood
  • Pueblo
  • Thornton
  • Westminster

By December 1, 2027, each subject jurisdiction shall adopt a building code, or amend an existing building code, to allow a single exit to serve no more than five stories (including any occupiable roof) of a group R-2 occupancy, so long as that building:

  1. Is constructed of materials that satisfy International Building Code (IBC) Type I, Type II, or Type IV construction standards; 
  2. Is protected throughout, including at each landing of the exit stairway, with an automatic sprinkler system in accordance with the IBC; 
  3. Has no more than 20-feet of travel to the exit stairway from the exit or entry door of any dwelling unit; 
  4. Has no more than 125-feet of travel to the exit stairway from any point in a dwelling unit; 
  5. Does not have a floor with a square footage greater than 4,000 and has an exit stairway that is at least 48-inches wide; 
  6. Does not have a floor with a square footage greater than 6,000 and has an exit stairway whose width is equal to or greater than a number of inches that is in the same ratio to 48 as the square footage of the floor is to 4,000 but that is less than 54-inches; 
  7. Has no more than four dwelling units per story; 
  8. Only has openings to the exit stairway enclosure that allow exit access from normally occupied spaces, exit access from the exit stairway enclosure to another protected exit component, and access to the exterior from the exit stairway enclosure; 
  9. Is fully protected in all common areas with smoke detection in accordance with the National Fire Protection Association's standard 72, known as the "National Fire Alarm and Signaling Code", and the International Fire Code (IFC); 
  10. Does not have electrical receptacles in an exit stairway enclosure; 
  11. Does not have publicly accessible electrical receptacles in corridors between dwelling units and the exit stairway; 
  12. Has, in accordance with the IBC, an emergency escape and rescue opening on every floor; 
  13. Has an exit stairway that is constructed in accordance with the IBC; 
  14. Has a fire-resistant box that contains keys to access the building and dwelling units, is accessible to firefighters, and is accompanied by a sign indicating that the building is only served by a single exit stairway;
  15. Has an exit stairway that is protected with two-hour fire-rated stair construction regardless of construction type; 
  16. Has an exit stairway that is wide enough to allow simultaneous ingress and egress; 
  17. Has passive and active fire protection features in occupiable spaces throughout the building, including individual dwelling units, that are periodically inspected and maintained by a third party approved by the subject jurisdiction; 
  18. Has corridors that all have a minimum of one hour of fire resistance, in accordance with the IBC; 
  19. Has elevator and exit stairway enclosures that all have smoke control systems, in accordance with the IFC; 
  20. Has elevators that are all within two-hour shaft enclosures, in accordance with the IBC; 
  21. Does not allow storage, including the storage of deliveries, trash, and recycling, within the space between dwelling unit doors and the exit stairway; and;
  22. Does not have more than one story below grade plane.

The International Association of Fire Fighters’ local affiliate, if one exists, and the Colorado Professional Fire Fighters Association shall be provided notice of meetings discussing the adoption or amendment to the local building code to meet these requirements. Each subject jurisdiction shall coordinate with the applicable fire protection district, fire department, or fire authority to ensure, that, for an applicable building:

  • Aerial apparatus can reach the highest point of the building; 
  • The site design allows for direct vertical access to the roofline and all upper floors from at least one of the required aerial access sides using an aerial apparatus deployed from ground level; and 
  • The site design provides unobstructed aerial apparatus access deployment or positioning.

Subject jurisdictions are not required to amend their zoning codes with respect to multifamily residential housing. They may also continue to apply and enforce locally adopted life safety codes which may include, but is not limited to, standards governing emergency vehicle site access, fire hydrant spacing, and landscape clearance.

The following guidance is preliminary and will be supplemented with additional detail at a later date. It is provided for informational purposes only and does not constitute legal advice.

On or before December 1, 2028, and each December 1 thereafter, a subject jurisdiction shall report to the State Demography Office the following information from the previous 12 months:

  • The number of permits issued for the construction of buildings with a single exit that serves no more than five stories of a group R-2 occupancy and satisfies the requirements listed above; and 
  • For each applicable building issued a permit: 
    • The number of dwelling units in the building;
    • The number of stories that the building has; 
    • The gross building area; and 
    • The total number of emergency incidents, including fire and medical calls, that occurred, as reported by the relevant emergency dispatch center.

"Dwelling unit" means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

"Group R-2 occupancy" means a residential occupancy containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature.

"International Building Code" means the most current edition of the International Building Code published by the International Code Council.

"International Fire Code" means the most current edition of the International Fire Code published by the International Code Council.

"Two-hour fire-rated stair construction" means continuous wall, floor, or roof assemblies enclosing a stairway that are designed to restrict the spread of fire, excessive heat, or hot gases, such that the construction continues to perform its structural function for at least two hours as determined by test procedures set forth in American Society for Testing and Materials standard E-119, Underwriters Laboratories standard 263, or other methods approved by the relevant subject jurisdiction.

Key Dates

On or before December 1, 2027, the governing body of a subject jurisdiction shall adopt a building code, or amend the subject jurisdiction's existing building code, to allow a single exit in accordance with C.R.S. 31-15-605.

On or before December 1, 2028, and each December 1 thereafter, each subject jurisdiction shall report to the State Demography Office the following information from the previous 12 months:

  • The number of permits that the subject jurisdiction issued for the construction of buildings with a single exit that serves no more than five stories of a group R-2 occupancy and satisfies the requirements of this section; and
  • For each applicable building issued a permit:
    • The number of dwelling units in the building;
    • The number of stories that the building has;
    • The gross building area; and
    • The total number of emergency incidents, including fire and medical calls, that occurred, as reported by the relevant emergency dispatch center. 

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