Colorado § 9-5-101 - Definitions.

§ 9-5-101. Definitions.

As used in this article 5, unless the context otherwise requires:

(1) "Accessibility point" means a unit of value exchanged for different levels of accessible dwelling types to satisfy the requirements for dwelling accessibility contained in this article.

(2) "Accessible route" means an interior or exterior circulation path that complies with ICC/ANSI A117.1.

(2.5) "Accessible story" means a story on an accessible route that contains living, sleeping, cooking, bathing, and toilet facilities and, if available in the dwelling unit, laundry facilities. For the purposes of this article 5, a basement is not an "accessible story" if the basement floor is located more than four feet below the exterior finished grade, which is determined by assessing the vertical difference at any point along the exposed periphery of the dwelling unit.

(3) Repealed.

(4) "Detached residence" means a one- or two-family residence that is separated from adjacent dwellings by an unobstructed physical space. A one- or two-family residence that is separated from an adjacent dwelling by a physical space of less than three feet shall not be considered a detached residence.

(4.5) "Dwelling unit" means any portion of a building that contains living facilities, including a room or rooms in a living facility that have shared cooking, bathing, toilet, or laundry facilities such as dormitories, shelters, assisted living facilities, and boarding homes. "Dwelling unit" also means living facilities that include provisions for sleeping, cooking, bathing, and toilet facilities for one or more persons and are used for extended stays, such as time shares and extended-stay motels. "Dwelling unit" does not mean a guest room in a motel or hotel.

(5) Repealed.

(5.5) "ICC A117.1" means the "Standard for Accessible and Usable Buildings and Facilities" 2017 edition, or any successor standard, as adopted by reference by the building code of the responsible enforcement agency.

(6) "Project" means the total number of parcels and buildings in a development planned or constructed by the same developer, builder, or entity on one site or contiguous sites, and also includes all parcels and structures that are parts of the same planned development application or agreement. The separation of contiguous individual buildings, units, lots, tracts, or parcels of land by a property line or by a public or private road shall not create a separate project.

(7) "Property" means the site, parcels of land, plats, lots, tracts, individual dwelling units, existing and proposed structures, and the built environment.

(8) Repealed.

(9) "Technically infeasible", in reference to a proposed alteration to a building or facility, means that the proposed alteration is not implemented because:

(a) An existing structural condition or conditions make such alteration labor- or cost-prohibitive;

(b) The building or facility is in strict compliance with minimum accessibility requirements for new construction and, due to existing physical or site constraints, such alteration would negatively impact such compliance.

(10) "Type A dwelling unit" means a dwelling unit designed in accordance with ICC A117.1 section 1103, or any successor section within ICC A117.1.

(11) "Type A multistory dwelling unit" means a multiple-story dwelling unit designed in accordance with ICC A117.1 section 1103, or any successor section within ICC A117.1 where there is at least one accessible story that can be accessed via an accessible route connected to an accessible entrance.

(12) "Type B dwelling unit" means a dwelling unit with a ground floor level designed in accordance with ICC A117.1 section 1104, or any successor section within ICC A117.1.

(13) "Type B multistory dwelling unit" means a multiple-story dwelling unit designed in accordance with ICC A117.1 section 1104, or any successor section within ICC A117.1 where there is at least one accessible story that can be accessed via an accessible route connected to an accessible entrance.

(14) "Type C visitable dwelling unit" means a multiple-story dwelling unit with an accessible entrance and accessible toilet facility designed in accordance with ICC A117.1 section 1105, or any successor section within ICC A117.1.

(15) "Undue hardship" means a substantial and unusual hardship that is the direct result of unique physical site conditions such as topography or geology, or that is the direct result of other unique or special conditions encountered on a property, but that are not typically encountered in the jurisdiction in which such property is located. Constraints, complications, or difficulties that may arise by complying with these statutory standards for accessibility but that do not constitute an undue hardship shall not serve to justify the granting of an exception or variance.

Source: L. 2003: Entire article amended with relocations, p. 1415, § 1, effective April 29. L. 2017: IP, (2), and (10) to (14) amended, (3) repealed, and (5.5) added, (HB 17-1067), ch. 19, p. 62, § 1, effective August 9. L. 2026: (2.5) and (4.5) added, (5) and (8) repealed, and (5.5), (10), (11), (12), (13), and (14) amended, (SB 26-109), ch. 108, p. 438, § 1, effective May 5.