Update on Occupancy in the City of Boulder, written by Karl Guiler, Senior Policy Advisor
On Monday, April 15, Governor Polis signed Colorado House Bill 2024-1007 (HB24-1007), “Prohibit Residential Occupancy Limits”, which prohibits local governments from enacting or enforcing residential occupancy limits based on familial relationship. In response, the city code enforcement staff will administratively cease enforcement of the occupancy regulations in the land use code (based on the number of unrelated persons per unit). Planning staff will prepare ordinance revisions for council consideration in coming months to implement the requirements of this new law.
While the state bill prohibits residential occupancy limits based on familial relationship, HB24-1007 allows local governments to implement residential occupancy limits based on demonstrated health and safety standards such as international building code standards, fire code regulations, or Colorado Department of Public Health and Environment Wastewater and Water Quality standards.
The city uses the International Property Maintenance Code (IPMC) to regulate residential occupancy and will continue to enforce the IPMC occupancy requirements that are based on the number and size of bedrooms in each dwelling unit. The IPMC requires that each bedroom be no less than 70 square feet in size, with a minimum of 50 square feet per occupant of a bedroom (IPMC sec.404.4.1). In addition, IPMC table 404.5 prescribes minimum areas for living and dining rooms based on the number of occupants of the dwelling unit.