Capitol Close Up: Action Needed from HBA Members
Action Needed from HBA Members on WUI Code Implementation and State's Energy Code
Upcoming Bill to Delay WUI Code Implementation
We are hearing from local governments across the state who are finding it difficult if not impossible to adopt the model code by the deadline of April 1, 2026, given the work that is required to get them there. We are trying to raise the volume of local governments reaching out to their legislative delegations and others about the need for an extension of time to implement the code.
At the same time our growing coalition is working to refine the Code to (1) eliminate inconsistencies with the International Wildland Urban Interface Code (IWUIC) and (2) address unintended consequences, which are creating a supply chain problem and increasing building costs.
Key Points: The code is a significant departure from established national wildfire code standards. It is the first wildfire resiliency code in the US that does not align with the model codes of the International Wildland-Urban Interface Code (IWUIC). This introduces inconsistencies in defensible space requirements, structure hardening philosophy, and material performance criteria compared to widely accepted best practices. The code removes 37% of the siding product from the market, which we believe will have a significant impact on housing costs. Additionally, the code prohibitions are inconsistent in allowing combustible material (vinyl) but prohibiting material shown to have similar wildfire resistance to cement board, all without recognizing the importance of wall assembly and defensible space with regard to wildfire resiliency.
Here are (1) a Fact Sheet and (2) the Coalition Requested Changes—these were developed to help policy makers and the Wildfire Resiliency Code Board (WRCB) understand the concerns being raised and the reasonable suggested solutions, which will: strengthen the code, ensure no inconsistencies, and continue to promote wildfire resiliency. We are working on a comprehensive set of recommendations for modifications to the CWRC to better align with IWUIC and address the problems we have identified. This will illustrate that we are not looking to undermine the code but rather make it workable for Colorado.
Our overarching goals are to:
- Delay the local government implementation deadline, to allow for the needed continued refinement of the Code—ensure alignment with IWUIC and address unintended consequences.
- Reinstate performance-based options recognized in IWUIC.
- Remove exceptions that permit combustible materials (e.g., vinyl) near/on structures.
- Clarify technical requirements for ignition-resistant materials and fire-retardant-treated wood.
Our policy request is to:
- Delay the local government implementation deadline, to allow for the needed continued refinement of the Code—ensure alignment with IWUIC and address unintended consequences.
- Provide an immediate mechanism to revisit the policy, rather than waiting for the 3-year review.
- Ensure policy is a balanced approach that thoroughly weighs benefits and costs.
- Provide a mechanism for appeal—for products and other interested parties.
- The significance of this policy change warrants reporting to the Legislature on progress during the annual SMART Act hearings.
Adopt 2024 ICC Codes by July 1, 2026
CAHB has heard from several local jurisdictions who continue to have reservations about adopting Colorado’s new Model Low Energy and Carbon Code (MLECC). CAHB is advising local home builder associations to encourage and work with municipalities planning to adopt the 2024 ICC codes to consider completing those adoptions prior to July 1, 2026.
Any jurisdiction that adopts or updates a building code after July 1, 2026, is required to also adopt the Model Low Energy and Carbon Code, or a more stringent standard. This requirement is triggered by the adoption of any building code, regardless of whether the update is energy related.
For communities already planning to move to the 2024 ICC codes, adopting before this deadline allows them to update their codes without automatically triggering a mandatory adoption of the state energy code (MLECC). Local associations are recommended to keep this timing consideration in mind and to work with city and county staff and elected officials to ensure decision-makers are aware of the implications tied to when the 2024 ICC codes are adopted.
For inquiries related to this from outside the Denver Metro area, please contact Ted Leighty – ted@hbacolorado.com. For Denver Metro area questions, please contact Albert Bozoki – abozoki@hbadenver.com.
BJ4C Legislative Reception Set for this Thursday
The Colorado Association of Home Builders is co-hosting the annual Building Jobs 4 Colorado (BJ4C) legislative reception this Thursday from 4:30 to 6:30 p.m. in the lobby area of 1660 Lincoln Street, near the state Capitol.
This reception allows our members, along with others in homebuilding and construction industries, to meet with key legislators and policy makers. It’s important that our members attend to share their first-hand knowledge and experiences with legislators as we work to address Colorado’s housing challenges.
If you would like to attend, please RSVP to jenn@DomeStrategies.com or 720-937-2148. For more information about BJ4C, please visit www.buildingjobs4colorado.com.
GAC Update
The Colorado Association of Home Builder’s Government Affairs Committee met last Friday and took positions on several different bills. To review a complete list of the CAHB’s legislative positions—including bills that the GAC supported, opposed and monitored--please visit https://fastdemocracy.com/shared-bills/?sharing-bill-list-id=3FY3wRWxzRtZ
HB26-1099—Oppose—This bill would require the declarant of a new planned community or condominium, prior to the sale or conveyance of the first unit, to obtain a reserve study for the planned community or condominium, which study estimates the projected costs of maintaining, repairing or replacing the common elements or property over a 30-year period. The reserve study must be updated after each phase of building, with a final updated reserve study conducted for the planned community or condominium as built.
HB26-1114—Support—This bill would prevent a local government from requiring that a parcel have an area larger than 2,000 square feet if the parcel's residential use is limited to a single-family home.
HB26-1119—Oppose—This proposal would allow local governments and special districts authorized to impose property taxes to tax certain land and improvements at different mill levy rates, provided that the mill levy rate for the improvements is less than or equal to the mill levy rate for the land. A local taxing entity may not impose different mill levy rates for agricultural land, land used for renewable energy production, land subject to a perpetual conservation easement, leaseholds and lands producing oil or gas and mines or nonproducing mining claims, or state-assessed land.
HB26-1121—Amend—This bill would require the owner or operator that owns, leases, operates, controls or supervises a building, structure, facility or installation that emits or may emit an air pollutant to make all emissions records that the owner or operator is required by state or federal law to maintain publicly available and accessible on the owner or operator's public website. Except in certain circumstances, the owner or operator is required to update the records following the same schedule as the records are made available to the state or the United States. The CAHB lobby team will work to amend this bill to what buildings the bill is attempting to regulate and seek an exclusion for housing buildings.
HB26-1143—Amend—This proposal would prohibit an entity from requiring an individual to provide a social security number for a background check for a non-employment-based educational opportunity unless the entity also accepts an individual taxpayer identification number in lieu of a social security number, including in clinical educational experiences for health-related academic programs. The bill would also allow the attorney general to bring a civil action to enforce the provisions of the bill. The CAHB lobby team will work to ensure that this bill will not impact career-education programs.
SB26-040—Support—This bill would allow the Division of Housing in the Department of Local Affairs to offer below market rate loans to nonprofit organizations, local governments, tribal governments, community development financial institutions and land trusts if the funding is for households with income less than or equal to 120 percent of the statewide area median income, and the total cost of the monthly housing payment does not exceed 35 percent of monthly household income. The bill would also create a waiver process allowing DOLA more flexibility to allocate funding for affordable housing projects and allow DOLA to consider a local affordability mechanism when determining affordability criteria for project approval.
SB26-049—Support—This proposal would add individuals and homeowners' associations as eligible recipients of assistance from the natural disaster mitigation enterprise fund. The bill also provides that natural disaster mitigation includes installation of "impact-resistant roofing materials" and other "property-specific mitigation action" and provides definitions of the same. The bill creates an income tax deduction, and exempts interest earned, for contributions to a catastrophe savings account, which is a savings account that a homeowner may use to cover the amount of insurance deductibles for claims stemming from hail, wildfire or a catastrophic wind event, uninsured losses related to the same, and property-specific mitigation actions.
SB26-053—Support—This bill would expand eligibility for mortgage loans through the Colorado Housing and Finance Authority to law enforcement officers and first responders, irrespective of income.
SB26-054—Support—This legislation would allow a landlord to require a security deposit that exceeds more than two months’ rent if the landlord and the tenant enter into a seller rent-back agreement following a real estate transaction.