Published March 5, 2024
The 2024 legislative session is one of the most interesting for architects we’ve seen in years and we’ve only just hit the halfway point. AIA Colorado is taking positions on the following bills so far:
AIA position: Oppose/amend
Status: Passed in first committee hearing and scheduled for second committee hearing.
Details: This bill’s goal is to hold general contractors jointly and severally liable for unpaid wages of employees of their subcontractors. While this bill does not directly affect the architecture profession in most cases, there could be instances in joint ventures where architecture firms also assume the same liability as GC partners. We’re working with a broad construction industry coalition who oppose this bill as being unfair to GCs and harmful to small subcontractors who won’t be able to meet higher insurance policy requirements if this bill passes.
AIA position: Support
Status: Awaiting Governor’s signature
Details: During the Marshall Fire rebuild process, numerous residents within a homeowner association have been told that bylaws require flammable exterior building materials such as fences and roof materials in newly rebuilt homes. This bill will make such covenants, bylaws, etc. void as public policy and allow homeowners to use fire-hardened materials on their homes without requiring HOA permission.
AIA position: Support
Status: Awaiting vote in first committee hearing.
Details: Despite numerous attempts in previous years to address construction defect reform, condominiums in Colorado are almost entirely missing from new housing construction. This bill would strengthen right to remedy options by construction professionals (including architects) when a defect claim is made. This bill also requires a 2/3 vote and written consent instead of simple majority of unit owners to enter into a lawsuit on behalf of the entire community.
AIA position: Amend
Status: Awaiting first committee hearing
Details: This bill has been presented as an alternative to SB24-106 with even greater restrictions on how HOAs can enter lawsuits. There is language in the bill as introduced that we feel is unfair towards architects moreso than other construction professionals. We’re working with the bill sponsor to amend this language out.
AIA position: Support via coalition
Status: Passed in first committee hearing and scheduled for second committee hearing.
Details: This bill would provide tax credits up to $3 million for successful commercial-to-residential building conversion project. While AIA Colorado supports this effort in concept, we have concerns about this bill’s ability to make projects pencil out or provide enough of an incentive for conversion projects to move forward.
AIA position: Support
Status: Passed in first committee hearing and scheduled for second committee hearing.
Details: This bill would require most cities in a metropolitan planning organization to require single-family lots to allow one accessory dwelling unit to be built, subject to certain restrictions. Cities affected are in the four metro areas along the I-25 corridor and Grand Junction.
AIA position: Support
Status: Awaiting first committee hearing
Details: This bill compliments HB24-1152 but focuses on properties in unincorporated county land. It would allow accessory dwelling units in certain circumstances and also allow conversions of existing buildings to accessory dwelling units.
AIA position: Support
Status: Awaiting first committee hearing
Details: This is the single most important bill to our profession! Architects are licensed by the state and every 8-12 years the state reviews a profession’s practice act. We participated in the state’s review last year and support all their recommendations for practice act updates. We’re well-positioned to get this practice act renewal bill across the finish line alongside our professional engineer and land surveyor colleagues.
AIA position: Oppose
Status: Awaiting first committee hearing
Details: This bill would increase the timeframe to file a construction defect lawsuit from a 6-year statute of repose (timeframe to identify a construction defect) to 8 years. The statute of limitations (time to file a claim after a defect is discovered) would remain at 2 years. If this bill passes, architects are at risk of being named in defect lawsuits for up to 10 years instead of the current 8. We expect that this liability increase to affect insurance rates for projects of all types.
AIA position: Support/amend
Status: Awaiting first committee hearing
Details: Building codes typical limit single-stair multifamily residential buildings to 3 stories. In local jurisdictions across the country (Seattle in particular), these same buildings can be built to 5 or 6 stories, subject to additional safety measures and a local fire department’s ability to reach the top of the building with their equipment. This bill would require local jurisdictions in Colorado to adopt building code language to allow these taller single-family stairs. AIA Colorado will support this bill after discussion and additional clarification in the bill on what safety requirements will have to be included in new local codes.
Government Affairs Committee member Sean Jursnick, AIA, discussed the measure to allow taller single stair developments with the Denver Post.
AIA position: Support
Status: Awaiting first committee hearing
Details: This bill is an expansion and extension of an existing historic preservation program that AIA Colorado previously supported. Updates include making it easier for homeowner to access these grants and expand eligibility to buildings at least 30 years old instead of 50 in current law. Other changes bring state tax credits into closer alignment with similar federal programs.
