(P.A. 97-308, S. 1.)
Sec. 29-251b. Building Code Training Council; membership;
vacancies. There is established, within the Department
of Public Safety a Building Code Training Council which shall advise the State
Building Inspector and the Codes and Standards Committee on all matters
pertaining to certification training programs, continuing educational programs
for building officials pursuant to section 29-262 and programs for all other
persons eligible to receive training pursuant to subsections (a) and (c) of
section 29-251c. The council shall be composed of seventeen members, who shall
be residents of this state, appointed as follows: (1) The State Building
Inspector, or his designee; (2) one by the Codes and Standards Committee, who
shall be a member of said committee; (3) three by the Connecticut Building
Officials Association, each of whom shall be a member of said association; (4)
one by the Board of Governors of Higher Education; (5) one by the Board of
Trustees of the Community-Technical Colleges; (6) one by the Governor, who shall
be a chief elected official of a municipality; (7) seven by the Commissioner of
Public Safety: (A) One of whom shall be an architect licensed pursuant to
chapter 390, selected from a list of individuals submitted by the Connecticut
Chapter of the American Institute of Architects; (B) one of whom shall be a
professional engineer, licensed pursuant to chapter 391, selected from a list of
individuals submitted by the Connecticut Engineers in Private Practice; (C) one
of whom shall be a landscape architect, licensed pursuant to chapter 396,
selected from a list of individuals submitted by the Connecticut Chapter of the
American Society of Landscape Architects; (D) one of whom shall be an interior
designer registered pursuant to chapter 396a, selected from a list of
individuals submitted by the Connecticut Coalition of Interior Designers; (E)
one of whom shall be a member of the Connecticut State Building Trades Council,
selected from a list of individuals submitted by said organization; and (F) two
of whom shall be builders, general contractors or superintendents of
construction, one having expertise in residential building construction,
selected from a list of individuals submitted by the Home Builders Association
of Connecticut, Inc., and one having expertise in nonresidential building
construction, selected from a list of individuals submitted by the Associated
General Contractors of Connecticut, Incorporated; (8) one by the Director of the
Office of Protection and Advocacy for Persons with Disabilities; and (9) one by
the president pro tempore of the Senate, who shall be a member of the public.
The council shall elect a chairperson and vice-chairperson from among its
members. Any member who fails to attend at least fifty per cent of all meetings
held during any calendar year or fails to attend three consecutive meetings
shall be deemed to have resigned from the council. Vacancies on the council
shall be filled by the appointing authority. Members of the council shall serve
without compensation but shall, within the limits of available funds as approved
by the Commissioner of Public Safety, be reimbursed for necessary expenses
incurred in the performance of their duties.
(P.A. 97-308, S. 2; P.A.
98-233, S. 6, 8.)
History: P.A.
98-233 included certain other eligible persons in training and educational
programs, effective July 1, 1999.
Sec. 29-251c. Development of training and educational programs.
Code Training and Education Board of Control. Regulations. Reporting of funds
received; expenditures. (a) As used in subsections (a)
to (c), inclusive, of this section "prior approval of the Code Training and
Education Board of Control" means approval by the board of a fiscal year budget
prepared by the Commissioner of Public Safety. The commissioner shall develop a
program to sponsor (1) training and educational programs in the mechanics and
application of the State Building Code and the State Fire Safety Code conducted
for any municipal or state code official, or any candidate for said positions,
and (2) continuing educational programs in the mechanics and application of the
State Building Code and the State Fire Safety Code for any architect, engineer,
landscape architect, interior designer, builder, contractor or superintendent of
construction doing business in this state, and shall determine the equipment
necessary to sponsor such training and educational
programs.
(b) There is
established the Code Training and Education Board of Control which shall promote
code training and education. No funds shall be expended for the purposes listed
in subsection (a) of this section without prior approval of the Code Training
and Education Board of Control. The board shall consist of seven members as
follows: (1) Three members of the Building Code Training Council, one each of
whom shall be appointed by the speaker, majority leader and minority leader of
the House of Representatives, (2) three members of the Fire Marshal Training
Council, one each of whom shall be appointed by the president pro tempore,
majority leader and minority leader of the Senate, and (3) one architect,
engineer, landscape architect, interior designer, builder, contractor or
superintendent of construction doing business in this state, who shall be
appointed by the Commissioner of Public Safety. The members of the board shall
continue in office for the term of three years from the first day of July next
succeeding their appointment. Vacancies on the board shall be filled by the
original appointing authority for the balance of the unexpired term.
(c) The commissioner shall establish
a program of education and training in the mechanics and application of the
State Building Code and the State Fire Safety Code conducted for any municipal
or state code official, or any candidate for said positions, and a continuing
educational program in the mechanics and application of the State Building Code
and the State Fire Safety Code for any architect, engineer, landscape architect,
interior designer, builder, contractor or superintendent of construction doing
business in this state.
(d) The Commissioner of Public Safety
may apply for any federal or private funds or contributions available for
training and education of code officials or other persons eligible to receive
training under subsections (a) to (c), inclusive, of this section. Not later
than July 1, 2000, the Commissioner of Public Safety, with the approval of the
Building Code Training Council and the Fire Marshal Training Council, shall
adopt regulations in accordance with chapter 54 to establish an administrative
process to adjust as necessary (1) the amount of the education fee to be
assessed by the State Building Inspector pursuant to section 29-252a and each
municipal building official pursuant to section 29-263, and (2) the percentage
of the fees collected which may be retained by each municipal building
department for administrative costs. The education fee shall be adjusted
downward or upward, as the case may be, when necessary, but not more than
annually to reflect the actual cost of the training and educational programs and
the continuing educational programs established in subsections (a) to (c),
inclusive, of this section and the educational programs required in subsections
(a) and (b) of section 29-262, except that no such fee may be increased by more
than four per cent in any one year. The percentage of fees which may be retained
for administrative costs shall be adjusted downward or upward, as the case may
be, when necessary, but not more than annually, to reflect the actual costs
incurred in collecting such fees except that no such percentage of fees to be
retained for administrative costs may be less than one per cent or greater than
three per cent.
(e) The Commissioner of Public Safety
shall annually submit a report of the amount of funds received pursuant to
subsection (d) of this section, or of any other funds received by the
commissioner for the purposes of code training and education under this section,
to the cochairpersons and ranking members of the joint standing committees of
the General Assembly having cognizance of matters relating to finance, revenue
and bonding and appropriations. All direct expenses incurred in the conduct of
the code training and educational programs, or of the operation, maintenance and
repair of facilities, food services and other auxiliary services incurred in the
conduct of the code training and educational programs, shall be charged, and any
cost of equipment for code training and educational programs may be charged,
against the funds appropriated for the code training and educational programs on
order of the Comptroller. Any balance of receipts after expenditures shall be
retained by the commissioner and shall be used solely for the code training and
educational programs under this section and for the acquisition, as provided in
section 4b-21, alteration and repairs of real property for educational
facilities, provided repairs, alterations or additions to educational facilities
costing fifty thousand dollars or less shall require the approval of the
Commissioner of Public Works and capital projects costing over fifty thousand
dollars shall require the approval of the General Assembly, or when the General
Assembly is not in session, of the Finance Advisory Committee. Funds
appropriated to or received by the Commissioner of Public Safety for the code
training and educational programs shall also be used for (1) (A) the operation,
maintenance and repair of auxiliary services facilities, and (B) any other
activities related to training and educational programs in the mechanics and
application of the State Building Code and the State Fire Safety Code conducted
for any municipal or state code official, or any candidate for said positions,
and (2) continuing educational programs in the mechanics and application of the
State Building Code and the State Fire Safety Code for any architect, engineer,
landscape architect, interior designer, builder, contractor or superintendent of
construction doing business in this state. No funds shall be used for the
purposes of this section without prior approval of the Code Training and
Education Board of Control, established pursuant to subsection (b) of this
section.
(P.A. 98-233, S.
1, 2, 8; P.A. 99-209, S. 1, 4; P.A. 04-150, S. 3.)
History: P.A.
98-233 effective July 1, 1999; P.A. 99-209 added Subsec. (e), requiring annual
report of funds received and setting forth authorized expenditures, effective
July 1, 1999; P.A. 04-150 amended Subsec. (d) to require that education fee be
adjusted downward or upward to reflect the actual cost of the educational
programs required in Sec. 29-262(a) and (b).
Sec. 29-252. (Formerly Sec. 19-395). State Building Code:
Adoption, revision and amendments. State Building Inspector: Appointment;
interpretations of code. Appeal. (a) As used in this
subsection, "geotechnical" means any geological condition, such as soil and
subsurface soil conditions, which may affect the structural characteristics of a
building or structure. The State Building Inspector and the Codes and Standards
Committee shall, jointly, with the approval of the Commissioner of Public
Safety, adopt and administer a State Building Code based on a nationally
recognized model building code for the purpose of regulating the design,
construction and use of buildings or structures to be erected and the alteration
of buildings or structures already erected and make such amendments thereto as
they, from time to time, deem necessary or desirable. Such amendments shall be
limited to administrative matters, geotechnical and weather-related portions of
said code, amendments to said code necessitated by a provision of the general
statutes and any other matter which, based on substantial evidence, necessitates
an amendment to said code. The code shall be revised not later than January 1,
2005, and thereafter as deemed necessary to incorporate any subsequent revisions
to the code not later than eighteen months following the date of first
publication of said subsequent revisions to the code. The purpose of said
Building Code shall also include, but not be limited to, promoting and ensuring
that such buildings and structures are designed and constructed in such a manner
as to conserve energy and, wherever practicable, facilitate the use of renewable
energy resources. Said Building Code includes any code, rule or regulation
incorporated therein by
reference.
(b) The State Building
Inspector shall be appointed by the Governor. He shall be an architect or
professional engineer licensed by the state of Connecticut, shall have a
thorough knowledge of building code administration and enforcement and shall
have had not less than ten years practical experience in his profession.
(c) The State Building Inspector or
his designee may issue official interpretations of the State Building Code,
including interpretations of the applicability of any provision of the code,
upon the request of any person. The State Building Inspector shall compile and
index each interpretation and shall publish such interpretations at periodic
intervals not exceeding four months.
(d) The State Building Inspector or
his designee shall review a decision by a local building official or a board of
appeals appointed pursuant to section 29-266 when he has reason to believe that
such official or board has misconstrued or misinterpreted any provision of the
State Building Code. If upon review and after consultation with such official or
board he determines that a provision of the code has been misconstrued or
misinterpreted, he shall issue an interpretation of said code and may issue any
order he deems appropriate. Any such determination or order shall be in writing
and be sent to such local building official or board by registered mail, return
receipt requested. Any person aggrieved by any determination or order by the
State Building Inspector under this subsection may appeal to the Codes and
Standards Committee within fourteen days after mailing of the decision or order.
Any person aggrieved by any ruling of the Codes and Standards Committee may
appeal in accordance with the provisions of subsection (d) of section
29-266.
(1949 Rev., S.
4106; 1957, P.A. 13, S. 87; 1961, P.A. 287; 1967, P.A. 349, S. 1; 845; 1969,
P.A. 443, S. 1; P.A. 77-614, S. 495, 610; P.A. 78-303, S. 16, 136; P.A. 79-311;
P.A. 82-432, S. 2, 19; P.A. 88-359, S. 1, 12; P.A. 89-255, S. 1, 7; P.A. 97-308,
S. 5; P.A. 04-59, S. 2.)
History: 1961 act
provided for automatic application of amendments to municipalities; 1967 acts
provided for a state building inspector as the agent for purposes of the section
instead of the public works commissioner and stated that adoption of code
includes adoption of "code, rule or regulation incorporated therein by
reference"; 1969 act included state building code standards committee, deleted
provisions re adoption of code and amendments by ordinance by towns, cities or
boroughs and rephrased statement re adoption of code, rule or regulation
referred to in state building code; P.A. 77-614 replaced public works
commissioner and department with department and commissioner of public safety,
effective January 1, 1979; P.A. 78-303 replaced public works commissioner and
department with administrative services commissioner and department for period
between June 6, 1978 and January 1, 1979; P.A. 79-311 provided that code promote
and ensure design and construction of energy-conserving buildings and the use of
renewable resources; P.A. 82-432 replaced state building code standards
committee with codes and standards committee; Sec. 19-395 transferred to Sec.
29-252 in 1983; P.A. 88-359 (1) divided the section into Subsecs. and amended
Subsec. (a) to require revision of code not later than July 1, 1989, to
incorporate necessary 1988 B.O.C.A. revisions and not more than every four years
thereafter to incorporate later revisions and to make necessary technical
changes; (2) added Subsec. (b) re appointment and qualification of state
building inspector; (3) added Subsec. (c), authorizing state building inspector
or his designee to issue official interpretations of the code upon request and
requiring the compiling, indexing and publishing of interpretations; and (4)
added Subsec. (d), requiring state building inspector or his designee to review
interpretations of code by a local building official or board of appeals when he
believes code has been misconstrued or misinterpreted, and to issue
interpretations of code and any appropriate order, providing a procedure for
appeals; P.A. 89-255 amended Subsec. (c) to eliminate requirement of approval of
the codes and standards committee for issuance of official interpretations of
the state building code and amended Subsec. (d) to require state building
inspector to review a decision by local building official or board of appeals,
eliminating reference to review of interpretations of state building code and
making technical changes as necessary; P.A. 97-308 amended Subsec. (a) to define
"geotechnical", to insert limitation for amendments made to code and to require
revision of code not later than July 1, 1998, to incorporate necessary 1996
revisions by B.O.C.A., removing requirement that revisions also be incorporated
not more than every four years thereafter and adding new alternative re
revisions adopted by I.C.C. and a deadline for incorporating revisions; P.A.
04-59 amended Subsec. (a) to provide that code be based on a nationally
recognized model building code and be revised not later than January 1, 2005,
and thereafter as deemed necessary to incorporate any subsequent revisions to
the code, to delete "July 1, 1998, to incorporate such revisions adopted by the
Building Officials and Code Administrators International, Inc. in 1996 as they
deem necessary" and provision re necessary revisions adopted by said
organization or by the International Code Council, Inc., and to make a technical
change, effective May 10, 2004.
Annotation to
former section 19-395:
Cited. 4 Conn. Cir. Ct. 515.
Annotation to present
section:
Cited. 211 C. 690, 696.
Sec. 29-252a. Code applicable to all state agencies. Building
permit, education fee and certificate of occupancy required for state buildings.
Appeal. Exemptions. (a) The State Building Code,
including any amendment to said code adopted by the State Building Inspector and
Codes and Standards Committee, shall be the building code for all state
agencies.
(b) (1) No state
building or structure or addition to a state building or structure, that exceeds
the threshold limits contained in section 29-276b and requires an independent
structural review under said section, shall be constructed or altered until an
application has been filed by the commissioner of an agency authorized to
contract for the construction of buildings under the provisions of section 4b-1
or 4b-51 with the State Building Inspector and a building permit issued by the
State Building Inspector. Two copies of the plans and specifications for the
building, structure or addition to be constructed or altered shall accompany the
application. The commissioner of any such agency shall certify that such plans
and specifications are in substantial compliance with the provisions of the
State Building Code and, where applicable, with the provisions of the State Fire
Safety Code. The State Building Inspector shall review the plans and
specifications for the building, structure or addition to be constructed or
altered to verify their compliance with the requirements of the State Building
Code and, within thirty days of the date of application, shall issue or refuse
to issue the building permit, in whole or in part. The State Building Inspector
may request that the State Fire Marshal review such plans to verify their
compliance with the State Fire Safety Code.
(2) On and after July 1, 1999, the
State Building Inspector shall assess an education fee on each building permit
application. During the fiscal year commencing July 1, 1999, the amount of such
fee shall be sixteen cents per one thousand dollars of construction value as
declared on the building permit application, and the State Building Inspector
shall remit such fees, quarterly, to the Department of Public Safety, for
deposit in the General Fund. Upon deposit in the General Fund, the amount of
such fees shall be credited to the appropriation to the Department of Public
Safety and shall be used for the code training and educational programs
established pursuant to section 29-251c. On and after July 1, 2000, the
assessment shall be made in accordance with regulations adopted pursuant to
subsection (d) of section 29-251c.
(c) All state agencies authorized to
contract for the construction of any buildings or the alteration of any existing
buildings under the provisions of section 4b-1 or 4b-51 shall be responsible for
substantial compliance with the provisions of the State Building Code, the State
Fire Safety Code and the regulations lawfully adopted under said codes for such
building or alteration to such building, as the case may be. Such agencies shall
apply to the State Building Inspector for a certificate of occupancy for all
buildings or alterations of existing buildings for which a building permit is
required under subsection (b) of this section and shall certify compliance with
the State Building Code, the State Fire Safety Code and the regulations lawfully
adopted under said codes for such building or alteration to such building, as
the case may be, to the State Building Inspector prior to occupancy or use of
the facility.
(d) (1) No state building or
structure erected or altered on and after July 1, 1989, for which a building
permit has been issued pursuant to subsection (b) of this section, shall be
occupied or used in whole or in part, until a certificate of occupancy has been
issued by the State Building Inspector, certifying that such building or
structure substantially conforms to the provisions of the State Building Code
and the regulations lawfully adopted under said code and the State Fire Marshal
has verified substantial compliance with the State Fire Safety Code and the
regulations lawfully adopted under said code for such building or alteration to
such building, as the case may be.
(2) No state building or structure
erected or altered on and after July 1, 1989, for which a building permit has
not been issued pursuant to subsection (b) of this section shall be occupied or
used in whole or in part, until the commissioner of the agency erecting or
altering the building or structure certifies to the State Building Inspector
that the building or structure substantially complies with the provisions of the
State Building Code, the State Fire Safety Code and the regulations lawfully
adopted under said codes for such building or alteration to such building, as
the case may be.
(e) The State Building Inspector or
the designee of the inspector shall inspect or cause to be inspected any
construction of buildings or alteration of existing buildings by state agencies.
The State Building Inspector may order any state agency to comply with the State
Building Code.
(f) The joint standing committee of
the General Assembly having cognizance of matters relating to the Department of
Public Safety may annually review the implementation date in subsection (b) of
this section, to determine the need, if any, for revision.
(g) Any person aggrieved by any
refusal to issue a building permit or certificate of occupancy under the
provisions of this section or by an order to comply with the State Building Code
or the State Fire Safety Code may appeal, de novo, to the Codes and Standards
Committee not later than seven days after the issuance of any such refusal or
order.
(h) State agencies shall be exempt
from the permit requirements of section 29-263 and the certificate of occupancy
requirement under section 29-265.
(P.A. 85-195, S.
1; P.A. 88-359, S. 2, 12; P.A. 89-255, S. 2, 7; P.A. 90-153, S. 1, 4; P.A.
91-84, S. 1, 2; P.A. 92-55; P.A. 93-200, S. 1, 2; 93-288, S. 5, 7; P.A. 95-157,
S. 1, 2; P.A. 97-273, S. 1, 2; June 18 Sp. Sess. P.A. 97-11, S. 29, 65; P.A.
98-233, S. 3, 8; 98-263, S. 5, 21; P.A. 99-206, S. 1, 4; 99-209, S. 2, 4; P.A.
04-150, S. 4.)
History: P.A.
88-359 (1) inserted new provisions in Subsec. (b), prohibiting construction or
alteration of state buildings or structures on and after July 1, 1989, until
state building inspector issues building permit, requiring public works
commissioner to certify that plans comply with codes and state building
inspector to review plans to verify compliance with building code; (2)
relettered remaining Subsecs., inserting in Subsec. (c) requirement that
agencies apply to state building inspector for a certificate of occupancy; (3)
inserted new provisions in Subsec. (d), requiring certificate of occupancy for
state buildings or structures erected or altered on and after July 1, 1989; (4)
amended Subsec. (e), formerly (c), to require state building inspector to
inspect construction or alteration of buildings by state agencies; and (5)
amended Subsec. (f), formerly (d), to delete reference to any person aggrieved
by "a certificate of compliance" and insert in lieu thereof reference to "any
refusal to issue a building permit or certificate of occupancy under the
provisions of this section"; P.A. 89-255 amended (1) Subsec. (b) to require two
copies of plans and specifications to accompany application, (2) Subsec. (c) to
require state agencies to give written notice to state building inspector of
intent to apply for certificate of occupancy prior to advertisement for a
construction contract and (3) Subsec. (e) to permit state building inspector to
appoint a designee to inspect or cause to be inspected any construction or
alteration of buildings by state agencies; P.A. 90-153 amended Subsec. (b) to
provide that no state building or structure that exceeds threshold limits in
Sec. 29-276b and on and after July 1, 1991, no other such building or structure
shall be constructed or altered until filing of application by commissioner of
agency authorized to contract under provisions of Sec. 4b-1 or 4b-51, and to
specify that state building inspector may issue or refuse to issue building
permit "in whole or in part" after his review, amended Subsec. (c) to delete
requirement that agencies give written notice to state building inspector of
intent to apply for certificate of occupancy prior to advertisement for
construction contract and to require agencies to apply to state building
inspector for certificate of occupancy for all buildings or alterations for
which a building permit is required under Subsec. (b) and inserted new Subsec.
(f) re review of implementation date in Subsec. (b), relettering remaining
Subsecs. accordingly; P.A. 91-84 amended Subsec. (b) to delay, from July 1,
1991, to July 1, 1993, requirement for building permit for construction or
alteration of a nonthreshold state building; P.A. 92-55 divided Subsec. (d) into
two Subdivs., placing existing language in Subdiv. (1) and amending same by
limiting applicability of provisions concerning the issuance of certificate of
occupancy to buildings or structures "for which a building permit has been
issued pursuant to subsection (b) of this section", and adding new language as
Subdiv. (2) prohibiting use of certain state buildings or structures erected or
altered on and after July 1, 1989, until commissioner of agency erecting or
altering the building or structure certifies to state building inspector that
same substantially complies with state building code; P.A. 93-200 amended
Subsec. (b) to delay, from July 1, 1993, to July 1, 1995, requirement for
building permit for construction or alteration of a nonthreshold state building,
effective July 1, 1993; P.A. 93-288 amended Subsec. (b) requiring the
commissioner of contracting agency to include on contractors' and
subcontractors' applications Connecticut tax registration numbers and federal
Social Security number or federal identification number and requiring state
building inspector to furnish application copies to revenue services
commissioner, effective July 1, 1993; P.A. 95-157 amended Subsec. (b) to delay,
from July 1, 1995, to July 1, 1997, requirement for building permit for
construction or alteration of a nonthreshold state building, effective July 1,
1995; P.A. 97-273 amended Subsec. (c) to require state agencies that contract to
construct or alter state buildings for which a building permit is required to be
responsible for and certify compliance with Fire Safety Code, amended Subsec.
(d) to add requirement to Subdiv. (1) that State Fire Marshal verify substantial
compliance with Fire Safety Code prior to use of state buildings or structures
erected or altered on and after July 1, 1989 for which a building permit has
been issued, and to add requirement to Subdiv. (2) that commissioner of agency
erecting or altering state buildings or structures erected or altered on and
after July 1, 1989 for which a building permit has not been issued certify to
State Building Inspector that same substantially complies with Fire Safety Code
prior to use, and amended Subsec. (g) by authorizing state agencies to appeal
Fire Safety Code compliance orders to Codes and Standards Committee and by
making a technical change, effective June 26, 1997; June 18 Sp. Sess. P.A. 97-11
amended Subsec. (b) by changing scope and timing of certain permit requirements
and repealing provisions re reporting of contractor and subcontractor tax
registration, Social Security and federal employer identification numbers,
effective July 1, 1997; P.A. 98-233 amended Subsec. (b) to add assessment of
education fees, effective July 1, 1999; P.A. 98-263 amended Subsec. (b) to
delay, from July 1, 1999, to July 1, 2000, requirement for building permit for
construction, alteration or addition to a state building or structure, effective
July 1, 1998; P.A. 99-206 divided Subsec. (b) into Subdivs. (1) and (2), deleted
requirement from Subdiv. (1) that no state building or structure or addition
thereto be constructed or altered until an application has been filed with the
State Building Inspector and building permit issued, moved provision that said
inspector may request the State Fire Marshal to review plans to verify their
compliance with the State Fire Safety Code from end of section and made
technical changes for consistency and clarity, effective July 1, 1999; P.A.
99-209 divided Subsec. (b) into Subdivs. (1) and (2) and added requirement to
Subdiv. (2) that the education fees deposited in the General Fund be credited to
the Department of Public Safety for code training and educational programs, and
moved provision that the State Building Inspector may request the State Fire
Marshal to review plans to verify their compliance with the State Fire Safety
Code from the end of Subdiv. (2) to the end of Subdiv. (1), effective July 1,
1999; P.A. 04-150 amended Subsec. (e) to make a technical change.
Sec. 29-253. (Formerly Sec. 19-395e). Code applicable to all
municipalities. Ordinance governing demolition of hazardous building. (a) The State Building Code, including any amendment to said code
adopted by the State Building Inspector and Codes and Standards Committee, shall
be the building code for all towns, cities and
boroughs.
(b) Nothing in this
section shall prevent any town, city or borough from adopting an ordinance
governing the demolition of buildings deemed to be unsafe. As used in this
subsection, "unsafe building" means a building that constitutes a fire hazard or
is otherwise dangerous to human life or the public welfare.
(1969, P.A. 443,
S. 3; P.A. 82-269, S. 1, 2; 82-432, S. 4, 19; 82-451, S. 7, 9; P.A. 83-187, S.
2; P.A. 97-320, S. 10, 11.)
History: P.A.
82-269 added Subsec. (b) permitting adoption of ordinance re demolition of
hazardous buildings; P.A. 82-432 changed committee's name; P.A. 82-451 added
Subsec. (c) which allows a municipality to adopt an ordinance imposing a waiting
period prior to demolition; Sec. 19-395e transferred to Sec. 29-253 in 1983;
P.A. 83-187 deleted Subsec. (c) concerning waiting periods prior to demolition;
P.A. 97-320 amended Subsec. (b) by changing reference from hazardous buildings
to buildings deemed to be unsafe and by defining "unsafe building", effective
July 1, 1997.
Cited. 192 C.
207, 215. Cited. 225 C. 575, 579.
Cited. 13 CA 1, 9.
Sec. 29-254. (Formerly Sec. 19-395g). Amendments to code.
Variations and exemptions. (a) Any town, city or borough
or any interested person may propose amendments to the State Building Code,
which proposed amendments may be either applicable to all municipalities or,
where it is alleged and established that conditions exist within a municipality
which are not generally found within other municipalities, any such amendment
may be restricted in application to such municipality. Each amendment to the
State Building Code shall be adopted in accordance with the provisions of
chapter 54.
(b) The State
Building Inspector may grant variations or exemptions from, or approve
equivalent or alternate compliance with, the State Building Code where strict
compliance with the code would entail practical difficulty or unnecessary
hardship, or is otherwise adjudged unwarranted, provided that the intent of the
law shall be observed and public welfare and safety be assured. Any application
for a variation or exemption or equivalent or alternate compliance received by a
local building official shall be forwarded to the State Building Inspector by
first class mail within fifteen business days of receipt by such local building
official and shall be accompanied by a letter from such local building official
that shall include comments on the merits of the application. Any such
determination by the State Building Inspector shall be in writing. Any person
aggrieved by any decision of the State Building Inspector may appeal to the
Codes and Standards Committee within fourteen days after mailing of the
decision. Any person aggrieved by any ruling of the Codes and Standards
Committee may appeal to the superior court for the judicial district wherein the
premises concerned are located.
(1969, P.A. 443,
S. 4; P.A. 77-614, S. 497, 610; P.A. 78-303, S. 18, 136; P.A. 82-432, S. 6, 19;
P.A. 88-129; 88-359, S. 11, 12; P.A. 99-163, S. 3; P.A. 02-72, S. 3.)
History: P.A.
77-614 made approval of amendment by building inspector and code standards
committee further subject to approval by commissioner of public safety,
effective January 1, 1979; P.A. 78-303 made approval of amendment subject to
approval by commissioner of administrative services for period between June 6,
1978 and January 1, 1979; P.A. 82-432 replaced state building code standards
committee with codes and standards committee and added Subsec. (b) re grant of
variations or exemption and equivalent or alternate compliance; Sec. 19-395g
transferred to Sec. 29-254 in 1983; P.A. 88-129 amended Subsec. (a) to require
that each amendment to the state building code be adopted in accordance with
chapter 54 and to delete other procedural requirements concerning adoption of
proposed amendments; P.A. 88-359 amended Subsec. (b) to (1) solely authorize the
state building inspector to grant variations or exemptions from the code thus
eliminating the authority of the codes and standards committee, (2) require that
the state building inspector's determination be in writing and (3) provide an
appeals procedure; P.A. 99-163 amended Subsec. (b) by deleting the requirement
that notifications re decisions on modifications be sent by registered mail;
P.A. 02-72 amended Subsec. (b) to specify procedure for the forwarding of
application for variation or exemption or equivalent or alternate compliance
received by local building officials to the State Building Inspector, to
eliminate reference to applications for a modification of the code and to make
technical changes.
Annotation to
former section 19-395:
Legal passage of a municipal
ordinance will be presumed not only from lapse of time but also from the fact
that its legality was never challenged. 6 Conn. Cir. Ct. 69, 71, 72.
Sec. 29-254a. Penalty for violation of State Building
Code. Any person who violates any provision of the State
Building Code shall be fined not less than two hundred nor more than one
thousand dollars or imprisoned not more than six months or
both.
(P.A.
88-359, S. 9, 12.)
Sec. 29-254b. List of variations or exemptions from, or equivalent
or alternate compliance with, code. Not later than
January 1, 2003, the State Building Inspector and the Codes and Standards
Committee, in conjunction with the Commissioner of Public Safety, shall create a
list of variations or exemptions from, or equivalent or alternate compliance
with, the State Building Code granted relative to existing buildings in the last
two calendar years and shall update such list biennially. Not later than April
1, 2003, the Commissioner of Public Safety shall, within available
appropriations, (1) send such list to all local building officials, (2) take
appropriate actions to publicize such list, and (3) educate local building
officials and the public on how to use the list.
(P.A. 02-72, S. 1.)
Sec. 29-255. (Formerly Sec. 19-395h). Authority of fire marshals
unaffected. This part shall not be construed to limit or
restrict the authority of the state or local fire marshals as provided in part
II of this chapter.
(1969, P.A. 443, S.
16.)
History: Sec.
19-395h transferred to Sec. 29-255 in 1983.
Sec. 29-256. (Formerly Sec. 19-395q). Revision of Building and
Fire Safety Codes. Rehabilitation subcode. Regulations.
(a) In order to make the State Building Code and the State Fire Safety Code more
responsive to present economic conditions, to promote reduction in the cost of
construction of homes and other buildings, thereby creating more jobs in the
construction industry and promoting home ownership, as well as to enable the
citizens of the state to realize the benefits of the latest technology in energy
conservation in the design and construction of homes and other buildings, the
State Building Inspector and Codes and Standards Committee, in conjunction with
the Commissioner of Public Safety, shall thoroughly review and revise the State
Building Code and the State Fire Safety Code, with an emphasis on performance
rather than design specifications. In the course of such review, the State
Building Inspector and the Codes and Standards Committee shall develop a
rehabilitation subcode. The provisions of such subcode shall include, but not be
limited to, the identification and standardization of economically feasible
rehabilitation standards and modifications that ensure the public health, safety
and welfare, and protect the environment. Such subcode shall be included in any
revision of the State Building
Code.
(b) Not later than January
1, 2005, the commissioner shall adopt regulations, in accordance with the
provisions of chapter 54, to implement the provisions of this section.
(P.A. 77-512, S.
1, 5; 77-614, S. 73, 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-417; P.A.
82-432, S. 7, 19; June Sp. Sess. P.A. 98-1, S. 59, 121; P.A. 03-184, S.
8.)
History: P.A.
77-614 replaced commissioner of public works with commissioner of administrative
services, but reference was dropped altogether in 1979 edition of statutes,
presumably by authority of P.A. 78-303 to achieve conformity with Secs. 19-395,
19-395f and 19-395g, and, effective January 1, 1979, replaced commissioner of
state police with commissioner of public safety; P.A. 80-417 required
development of separate standards by building inspector and code standards
committee and required their inclusion in building code revisions; P.A. 82-432
amended section to reflect merger of fire safety code standards committee and
state building code standards committee into single codes and standards
committee; Sec. 19-395q transferred to Sec. 29-256 in 1983; June Sp. Sess. P.A.
98-1 made a technical change, effective June 24, 1998; P.A. 03-184 designated
existing provisions as Subsec. (a) and amended said Subsec. by replacing
requirement for separate Building Code standards for rehabilitation of buildings
with provisions re rehabilitation subcode, and added Subsec. (b) re adoption of
regulations.
Sec. 29-256a. Revision of code. Energy efficiency. The State Building Inspector and the Codes and Standards
Committee shall revise the State Building Code to require that buildings and
building elements be designed to provide optimum cost-effective energy
efficiency over the useful life of the building. Such revision shall meet the
American Society of Heating, Refrigerating and Air Conditioning Engineers
Standard 90.1 for new construction.
(P.A. 90-219, S. 3.)
Sec. 29-256b. Revision of code. Use of ungraded lumber. The State Building Inspector and the Codes and Standards
Committee shall, jointly, with the approval of the Commissioner of Public
Safety, amend the State Building Code adopted under section 29-252 to allow the
use of ungraded lumber in utility structures, as defined in the State Building
Code, or low risk structures including, but not limited to, barns, agricultural
buildings, sheds, garages or other outbuildings.
(P.A. 96-41, S. 2.)
Sec. 29-256c. Revision of code. Bed and breakfast
establishments. Not later than January 1, 2000, the
State Building Inspector and the State Fire Marshal, in conjunction with the
Codes and Standards Committee, shall make amendments to the State Building Code
and the State Fire Safety Code concerning bed and breakfast establishments. Said
amendments shall: (1) Be adopted in accordance with the provisions of chapter
54; (2) define the term "bed and breakfast"; and (3) be designed to preserve the
unique character of such establishments, contain the cost of conversion of a
home to such an establishment and support the tourism industry in the state,
provided such amendments shall not affect the safe design, use or construction
of such establishments.
(P.A. 98-6, S. 1, 2.)
History: P.A.
98-6 effective July 1, 1998.
Sec. 29-257. (Formerly Sec. 19-395r). Scope of revision. Section 29-257 is repealed.
(P.A. 77-512, S. 2, 5; P.A.
87-172; P.A. 88-356, S. 5.)
Sec. 29-258. (Formerly Sec. 19-395s). Educational
program. The Commissioner of Public Safety shall conduct
a comprehensive educational program for design professionals, construction
industry representatives and local building officials for carrying out the
purpose of section 29-256.
(P.A. 77-512, S. 3, 5; 77-614,
S. 73, 587, 610; P.A. 78-303, S. 85, 136; P.A. 88-356, S. 2.)
History: P.A.
77-614 replaced commissioner of public works with commissioner of administrative
services, but by authority of P.A. 78-303 reference was changed to commissioner
of public safety to achieve conformity with Secs. 19-395, 19-395f and 19-395g;
Sec. 19-395s transferred to Sec. 29-258 in 1983; P.A. 88-356 deleted reference
to Sec. 29-257.
Sec. 29-259. (Formerly Sec. 19-395t). Exemption from code for
urban homesteading property and historic structures. (a)
The State Building Inspector and the Codes and Standards Committee shall revise
the State Building Code to allow exemptions from the State Building Code for
property acquired by an urban homesteading agency, pursuant to section 8-169r,
and transferred to a qualified applicant pursuant to section 8-169s, and for
historic structures, as defined in section 10-410, which have been classified as
such in the state register of historic places, to encourage participation in
urban homesteading programs and the restoration and preservation of historic
places; provided such exemptions shall not affect the safe design, use or
construction of such
property.
(b) Any person, agent
of the state, municipality or any other political subdivision of the state may
apply to the State Building Inspector and the Codes and Standards Committee to
modify or set aside standards for historic buildings incorporated in the State
Building Code. The State Building Inspector shall, within seven days of receipt
of any such application, forward a copy of such application to the director of
the Office of Protection and Advocacy for Persons with Disabilities and to the
director of the Connecticut Commission on Culture and Tourism. Each of said
directors shall, within thirty days of receipt, review such application and make
such written recommendations as he deems appropriate to the State Building
Inspector and the Codes and Standards Committee concerning the disposition of
such application. The recommendations of such directors shall be part of the
records and documents of the State Building Inspector concerning such
application. The State Building Inspector and the Codes and Standards Committee
shall consider such written recommendations when acting upon such application
and may set aside or modify an individual standard or specification when they
jointly determine that it would not be feasible or would unreasonably complicate
the construction, alteration or repair in question and where alternative methods
and materials have been proposed to maintain certain features. Such
determination shall be in writing, shall state the reasons therefor and if it
sets aside any such standard of specification, a copy of such determination
shall be sent to each of said directors.
(c) Regulations or codes made or
amended by authority of this section shall, after a public hearing called for
that purpose by the State Building Inspector not less than thirty days before
the date of such hearing, be filed by the State Building Inspector with the
Secretary of the State in accordance with the provisions of chapter 54 and he
shall thereafter make copies available to persons having an interest
therein.
(d) If any regulation made or amended
by authority of this section is set aside by a court, such ruling shall affect
only the regulation, standard or specification included in the ruling and all
other regulations, standards or specifications shall remain in effect.
(P.A. 77-318;
P.A. 79-607, S. 14; P.A. 80-483, S. 82, 186; P.A. 82-432, S. 8, 19; June Sp.
Sess. P.A. 98-1, S. 60, 121; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20,
S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: P.A.
79-607 inserted new Subsec. (b) re modification or setting aside of standards
and redesignated former Subsecs. (b) and (c) accordingly; P.A. 80-483 made
technical change; P.A. 82-432 replaced state building code standards committee
with codes and standards committee; Sec. 19-395t transferred to Sec. 29-259 in
1983; June Sp. Sess. P.A. 98-1 changed reference in Subsec. (b) from "advocacy
for the handicapped and developmentally disabled" to "advocacy for persons with
disabilities", effective June 24, 1998; June 30 Sp. Sess. P.A. 03-6 and P.A.
04-20 replaced the Connecticut Historical Commission with the Connecticut
Commission on Arts, Tourism, Culture, History and Film, effective August 20,
2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2,
effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism,
Culture, History and Film with Connecticut Commission on Culture and
Tourism.
Annotation to
former section 19-395t:
Cited. 200 C. 151, 167, 169.
Annotation to present
section:
Cited. 200 C. 151, 167, 169.
Sec. 29-260. (Formerly Sec. 19-396). Municipal building official
to administer code. Appointment. Dismissal. (a) The
chief executive officer of any town, city or borough, unless other means are
already provided, shall appoint an officer to administer the code for a term of
four years and until his successor qualifies and quadrennially thereafter shall
so appoint a successor. Such officer shall be known as the building official.
Two or more communities may combine in the appointment of a building official
for the purpose of enforcing the provisions of the code in the same manner. The
chief executive officer of any town, city or borough, upon the death,
disability, dismissal, retirement or revocation of licensure of the building
official, may appoint a licensed building official as the acting building
official for a single period not to exceed one hundred eighty
days.
(b) Unless otherwise
provided by ordinance, charter or special act a local building official who
fails to perform the duties of his office may be dismissed by the local
appointing authority and another person shall be appointed in his place;
provided that prior to such dismissal such local building official shall be
given an opportunity to be heard in his own defense at a public hearing in
accordance with subsection (c).
(c) No local building official may be
dismissed under subsection (b) unless he has been given notice in writing of the
specific grounds for such dismissal and an opportunity to be heard in his own
defense, personally or by counsel, at a public hearing before the authority
having the power of dismissal. Such public hearing shall be held not less than
five nor more than ten days after such notice. Any person so dismissed may
appeal within thirty days following such dismissal to the superior court for the
judicial district in which such town, city or borough is located. Service shall
be made as in civil process. Such court shall review the record of such hearing
and if it appears that testimony is necessary for an equitable disposition of
the appeal, it may take evidence or appoint a referee or a committee to take
such evidence as it may direct and report the same to the court with his or its
findings of fact, which report shall constitute a part of the proceedings upon
which the determination of the court shall be made. The court may affirm the
action of such authority or may set the same aside if it finds that such
authority acted illegally or abused its discretion.
(d) Each municipality shall become a
member of the Building Officials and Code Administrators International not later
than January 1, 1987, and shall pay the membership fee.
(1949 Rev., S.
4107; 1967, P.A. 874; 1969, P.A. 443, S. 5; P.A. 79-153; P.A. 86-372, S. 1; P.A.
92-164, S. 3.)
History: 1967 act
substituted chief executive officer for legislative body as the appointing
authority for municipal administrators and specified a four-year term; 1969 act
deleted references to towns' acceptance and adoption of code as condition for
appointing officer to administer code and specified title of officer so
appointed as "the building official"; P.A. 79-153 added Subsecs. (b) and (c) re
dismissal of building official; Sec. 19-396 transferred to Sec. 19-260 in 1983;
P.A. 86-372 added Subsec. (d), requiring municipalities to become a member of
BOCA; P.A. 92-164 amended Subsec. (a) by adding provision re appointment of
acting building official.
Annotations to
former section 19-396:
Where appointive officer lacks power
to make appointment, appointment is illegal and appointee at best is a de facto
officer. 151 C. 447. Cited. 170 C. 675, 678.
Annotations to present
section:
Cited. 219 C. 217, 222.
Cited. 13 CA 1, 9. Cited. 15 CA 323,
325, 327.
Subsec. (a):
Cited. 219 C. 217, 219-222,
224.
Sec. 29-261. (Formerly Sec. 19-397). Qualifications of building
official and assistant building officials. Powers and duties. Return of building
plans and specifications. (a) The building official, to
be eligible for appointment, shall have had at least five years' experience in
construction, design or supervision and assistant building officials shall have
had at least three years' experience in construction, design or supervision, or
equivalent experience as determined by the Commissioner of Public Safety. They
shall be generally informed on the quality and strength of building materials,
on the accepted requirements of building construction, on the accepted
requirements of design and construction relating to accessibility to and use of
buildings by the physically disabled, on good practice in fire prevention, on
the accepted requirements regarding light and ventilation, on the accepted
requirements for safe exit facilities and on other items of equipment essential
for the safety, comfort and convenience of occupants and shall be certified
under the provisions of section
29-262.
(b) The building official
or assistant building official shall pass upon any question relative to the
mode, manner of construction or materials to be used in the erection or
alteration of buildings or structures, pursuant to applicable provisions of the
State Building Code and in accordance with rules and regulations adopted by the
Department of Public Safety. They shall require compliance with the provisions
of the State Building Code, of all rules lawfully adopted and promulgated
thereunder and of laws relating to the construction, alteration, repair,
removal, demolition and integral equipment and location, use, accessibility,
occupancy and maintenance of buildings and structures, except as may be
otherwise provided for.
(c) A building official may request
proof of licensure from any person at a construction site for which a building
permit was issued. If such official finds any person engaging in or practicing
work in an occupation for which a license is required under chapters 393 and
393a, without first having obtained an apprentice permit or a license for such
work or occupation, the building official may issue a written order and
personally deliver such order or send such order by certified mail to the person
holding such building permit. Such order may require that any person working at
such site without the required permit or license shall cease work at the site
immediately. The unlicensed person may perform such work or occupation at the
construction site upon submission of documentation satisfactory to the building
official of compliance under said chapters 393 and 393a.
(d) The building official or his
assistant shall have the right of entry to such buildings or structures, except
single-family residences, for the proper performance of his duties between the
hours of nine a.m. and five p.m., except that in the case of an emergency he
shall have the right of entry at any time, if such entry is necessary in the
interest of public safety.
(e) Notwithstanding any provision of
the Freedom of Information Act, as defined in section 1-200, or the State
Building Code, upon receipt of a written request signed by the owner of plans
and specifications on file for a single-family dwelling or out-building, the
building official shall immediately return the original plans and specifications
to the owner after a certificate of occupancy is issued with respect to the
plans and specifications.
(1949 Rev., S.
4108; 1969, P.A. 443, S. 6; 1971, P.A. 573, S. 1; 802, S. 5; P.A. 82-279, S. 1,
4; P.A. 86-372, S. 4; P.A. 87-55; P.A. 88-356, S. 3; 88-364, S. 45, 123; P.A.
92-164, S. 1; P.A. 97-47, S. 34; P.A. 02-115, S. 1; P.A. 03-205, S. 1.)
History: 1969 act
required that building official be certified under Sec. 19-397a and revised
conditions under which qualifications need not be fulfilled, i.e. in case of
official holding office before October 1, 1970, provided certification is
achieved within four years (October 1, 1974), previously officials holding
office before municipality adopted state building code were excused from
qualifications; 1971 acts replaced "October 1, 1970" with "October 1, 1971",
made provisions applicable to assistant building officials and required them to
have at least three years' experience in construction, design or supervision and
required officials to act "pursuant to applicable provisions of the state
building code and in accordance with rules and regulations adopted by the board
of materials review"; P.A. 82-279 transferred regulatory functions from board of
materials review to public safety department, effective July 1, 1983; Sec.
19-397 transferred to Sec. 29-261 in 1983; P.A. 86-372 subdivided the section
into Subsecs. and added provision requiring return of plans and specifications;
P.A. 87-55 amended Subsec. (a), requiring building official and assistant
building officials to be informed on design and construction requirements
concerning handicapped accessibility; P.A. 88-356 and 88-364 amended Subsec. (a)
to eliminate exception for building officials or assistant building officials
holding office in any municipality prior to October 1, 1971; P.A. 92-164
inserted new Subsec. (c) authorizing building officials to request proof of
licensure from any person at a construction site and relettered the remaining
Subsecs.; P.A. 97-47 amended Subsec. (e) by substituting reference to "the
Freedom of Information Act, as defined in Sec. 1-18a" for "chapter 3"; P.A.
02-115 amended Subsec. (a) to allow building official and assistant building
officials to have equivalent experience as determined by the Commissioner of
Public Safety; P.A. 03-205 amended Subsec. (e) to make a technical change and
replace former provisions re return of plans and specifications with provisions
requiring the return of original plans and specifications to the owner of a
single-family dwelling or out-building after a certificate of occupancy is
issued and a signed written request is received.
Cited. 208 C.
620, 637.
Cited. 15 CA 323, 325.
Sec. 29-262. (Formerly Sec. 19-397a). Licensure of building
officials. Continuing educational programs. Suspension or revocation of license
or certificate. Hearing. Appeal. Indemnification. (a)
The State Building Inspector and the Codes and Standards Committee acting
jointly, with the approval of the Commissioner of Public Safety, shall require
passage of a written examination and successful completion of a suitable
educational program of training as proof of qualification pursuant to section
29-261 to be eligible to be a building official. No person shall act as a
building official for any municipality until the State Building Inspector, upon
a determination of qualification, issues a license to such person except that a
license shall not be required (1) in the case of a person certified prior to
January 1, 1984, or (2) in the case of a provisional appointment, for a period
not to exceed ninety days in order to complete such training program and
licensure classes, made in accordance with standards established in regulations
adopted by the State Building Inspector and the Codes and Standards Committee in
accordance with the provisions of chapter 54. The State Building Inspector and
the Codes and Standards Committee, with the approval of the Commissioner of
Public Safety, shall adopt regulations, in accordance with chapter 54, to (A)
establish classes of licensure that will recognize the varying complexities of
code enforcement in the municipalities within the state, and (B) require
continuing educational programs for each such class that shall include basic
requirements for each such program and a system of control and reporting. Any
licensed or certified building official or inspector who wishes to retire his or
her license or certificate may apply to the office of the State Building
Inspector to have such license or certificate retired and be issued a
certificate of emeritus. Such retired official or inspector may no longer hold
himself or herself out as a licensed or certified official or
inspector.
(b) The State Building
Inspector shall prepare and conduct or approve continuing educational programs
designed to train and assist building officials in carrying out the duties and
responsibilities of their office. Such educational programs shall be in addition
to the program specified under subsection (a) of this section and shall consist
of not less than ninety hours of training over consecutive three-year periods.
Each building official shall attend such training programs and present proof of
successful completion to the State Building Inspector. The State Building
Inspector may, after notice and opportunity for hearing, revoke any license
issued under the provisions of subsection (a) of this section or any certificate
issued prior to January 1, 1984, for failure on the part of any building
official to present such proof.
(c) The fees for the educational
programs of training required in subsections (a) and (b) of this section and the
cost of textbooks for such programs shall be paid from the education fee
assessed pursuant to section 29-263. Any person may participate in the
educational programs specified under subsection (b) of this section at his own
expense where space is available.
(d) The Codes and Standards Committee
may suspend or revoke the license or certificate of any building official who
fails to faithfully perform the duties of his office. No such building official
may have his license or certificate suspended or revoked unless he has been
given notice in writing of the specific grounds for such action and an
opportunity to be heard in his own defense, personally or by counsel, at a
hearing before the Codes and Standards Committee. Such hearing shall be held in
accordance with the provisions of chapter 54. Any such building official may
appeal such suspension or revocation to the Superior Court in accordance with
the provisions of section 4-183. Said court shall review the record of such
hearing and, if it appears upon the hearing on the appeal that testimony is
necessary for an equitable disposition of the appeal, it may take evidence or
appoint a referee or a committee to take such evidence as it may direct and
report the same to the court with his or its findings of fact, which report
shall constitute a part of the proceedings upon which the determination of the
court shall be made. The court may affirm the action of the Codes and Standards
Committee or may set the same aside if it finds that such committee acted
illegally or in the abuse of its discretion.
(e) For purposes of indemnification
of any building official against any losses, damages or liabilities arising out
of the performance of his official duties, the building official shall be deemed
to be acting for the municipality in which he was appointed.
(1969, P.A. 443,
S. 7; P.A. 77-614, S. 498, 610; P.A. 78-303, S. 19, 136; P.A. 82-432, S. 9, 19;
P.A. 86-372, S. 2; P.A. 87-105; P.A. 88-359, S. 3, 12; P.A. 89-255, S. 3, 7;
P.A. 91-117, S. 1, 2; P.A. 04-150, S. 1.)
History: P.A.
77-614 replaced public works commissioner with commissioner of public safety,
effective January 1, 1979; P.A. 78-303 replaced public works commissioner with
commissioner of administrative services for period between June 6, 1978 and
January 1, 1979; P.A. 82-432 replaced building code standards committee with
codes and standards committee, required that building official pass examination
and successfully complete educational program where previously one of the two
was sufficient and replaced certification procedure with licensure procedure as
specified; Sec. 19-397a transferred to Sec. 29-262 in 1983; P.A. 86-372 divided
section into Subsecs., required municipalities to pay fees associated with
training programs and added provision re indemnification; P.A. 87-105 amended
Subsec. (a), providing an exemption from licensure in the case of a provisional
appointment made according to standards established in regulations and deleting
reference to "initial" appointment; P.A. 88-359 (1) amended Subdiv. (2) of
Subsec. (a) re provisional appointment to delete reference to minimum period of
time necessary, substituting in lieu thereof, a period not to exceed ninety
days, (2) inserted new provisions in Subsec. (b), requiring continuing education
for local building officials, consisting of a minimum of ninety hours over three
years and revocation of licensure for failure to complete such educational
programs, (3) relettered remaining Subsecs., inserting in Subsec. (c) provision
authorizing any person to participate in educational programs in Subsec. (b) at
own expense where space is available; P.A. 89-255 amended Subsec. (b) to clarify
that the educational program be of a continuing nature and inserted new Subsec.
(d) relative to the suspension or revocation of a local building official's
license for failure to perform duties of his office, relettering former Subsec.
(d) as (e); P.A. 91-117 amended (1) Subsec. (b) to permit state building
inspector to revoke any certificate issued prior to January 1, 1984, for
building official's failure to present proof of successful completion of
continuing educational programs, and (2) Subsec. (d) to permit codes and
standards committee to suspend or revoke certificate of any such official who
fails to faithfully perform official duties; P.A. 04-150 amended Subsec. (a) to
require adoption of regulations to establish classes of licensure that recognize
varying complexities of code enforcement in municipalities and to require
continuing educational programs for each such class that shall include basic
requirements for each such program and a system of control and reporting, and to
authorize application by any licensed or certified building official or
inspector who wishes to retire his or her license or certificate to the State
Building Inspector to have such license or certificate retired and to be issued
a certificate of emeritus, amended Subsec. (b) to make a technical change, and
amended Subsec. (c) to eliminate responsibility of each municipality for full
payment of fees for educational programs of training and to require that such
fees be paid from the education fee assessed pursuant to Sec. 29-263.
See Sec. 29-251b
re Building Code Training Council.
Subsec.
(a):
Cited. 219 C. 217, 226.
Sec. 29-262a. Uniform building permit application form. The Commissioner of Public Safety shall establish a uniform
building permit application form.
(P.A. 93-131, S. 1,
2.)
History: P.A.
93-131 effective July 1, 1994.
Sec. 29-263. (Formerly Sec. 19-398). Permit to construct or alter.
Education fee. (a) Except as provided in subsection (h)
of section 29-252a and the State Building Code adopted pursuant to subsection
(a) of section 29-252, after October 1, 1970, no building or structure shall be
constructed or altered until an application has been filed with the building
official and a permit issued. Such permit shall be issued or refused, in whole
or in part, within thirty days after the date of an application. No permit shall
be issued except upon application of the owner of the premises affected or the
owner's authorized agent. No permit shall be issued to a contractor who is
required to be registered pursuant to chapter 400, for work to be performed by
such contractor, unless the name, business address and Department of Consumer
Protection registration number of such contractor is clearly marked on the
application for the permit, and the contractor has presented such contractor's
certificate of registration as a home improvement contractor. Prior to the
issuance of a permit and within said thirty-day period, the building official
shall review the plans of buildings or structures to be constructed or altered,
including, but not limited to, plans prepared by an architect licensed pursuant
to chapter 390, a professional engineer licensed pursuant to chapter 391 or an
interior designer registered pursuant to chapter 396a acting within the scope of
such license or registration, to determine their compliance with the
requirements of the State Building Code and, where applicable, the local fire
marshal shall review such plans to determine their compliance with the State
Fire Safety Code. Such plans submitted for review shall be in substantial
compliance with the provisions of the State Building Code and, where applicable,
with the provisions of the State Fire Safety
Code.
(b) On and after July 1,
1999, the building official shall assess an education fee on each building
permit application. During the fiscal year commencing July 1, 1999, the amount
of such fee shall be sixteen cents per one thousand dollars of construction
value as declared on the building permit application and the building official
shall remit such fees quarterly to the Department of Public Safety, for deposit
in the General Fund. Upon deposit in the General Fund, the amount of such fees
shall be credited to the appropriation to the Department of Public Safety and
shall be used for the code training and educational programs established
pursuant to section 29-251c and the educational programs required in subsections
(a) and (b) of section 29-262. On and after July 1, 2000, the assessment shall
be made in accordance with regulations adopted pursuant to subsection (d) of
section 29-251c. All fees collected pursuant to this subsection shall be
maintained in a separate account by the local building department. During the
fiscal year commencing July 1, 1999, the local building department may retain
two per cent of such fees for administrative costs incurred in collecting such
fees and maintaining such account. On and after July 1, 2000, the percentage of
such fees which may be retained by a local building department shall be
determined in accordance with regulations adopted pursuant to subsection (d) of
section 29-251c.
(1949 Rev., S.
4109; 1969, P.A. 443, S. 8; 1971, P.A. 802, S. 6; P.A. 82-432, S. 10, 19; P.A.
85-195, S. 2; P.A. 86-372, S. 3; P.A. 90-230, S. 51, 101; P.A. 93-435, S. 9, 23,
95; P.A. 98-233, S. 4, 8; P.A. 99-209, S. 3, 4; P.A. 00-60; June 30 Sp. Sess.
P.A. 03-6, S. 146(d); P.A. 04-150, S. 2; 04-169, S. 17; 04-189, S. 1.)
History: 1969 act
initiated permit requirement "after October 1, 1970" rather than "after the
adoption of the state building code by any municipality" and added provisions
requiring action on application within thirty days of its submission and
requiring application by builder except where owner or his agent is applicant;
1971 act required application by owner or his agent in all cases, builder no
longer acceptable as applicant; P.A. 82-432 added provisions re review of
building plans by building official and local fire marshal prior to issuance of
permit; Sec. 19-398 transferred to Sec. 29-263 in 1983; P.A. 85-195 exempted
state agencies from permit requirement; P.A. 86-372 specifically required review
of plans within thirty-day period and required plans to substantially comply
with state building and fire codes; P.A. 90-230 corrected an internal reference;
P.A. 93-435 provided that plans to be reviewed include plans prepared by
architects, professional engineers or interior designers and made a technical
change in reference to Sec. 29-252a to correct subsection cite, effective June
28, 1993; P.A. 98-233 designated existing provisions as Subsec. (a) adding
reference to the State Building Code adopted pursuant to Sec. 29-252(a), and
added new Subsec. (b) re assessment of education fees, effective July 1, 1999;
P.A. 99-209 amended Subsec. (b) by specifying that the education fees deposited
in the General Fund be credited to the Department of Public Safety for code
training and educational programs, effective July 1, 1999; P.A. 00-60 amended
Subsec. (a) by adding requirements for application information and for proof of
contractor's certificate of registration to be presented prior to permit
issuance and by making technical changes for purposes of gender neutrality; June
30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer
Protection with Department of Agriculture and Consumer Protection, effective
July 1, 2004; P.A. 04-150 amended Subsec. (b) to require education fee to be
used for the educational programs required in Sec. 29-262 (a) and (b); P.A.
04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June
1, 2004.
See Sec.
20-417a(8) re new home construction.
Annotation to
former section 19-398:
Where a building permit has been
properly obtained it may not arbitrarily be revoked, particularly where on the
faith of it the owner has incurred material expense and substantial liabilities.
23 CS 461.
Annotations to present
section:
Cited. 10 CA 581, 582. Cited. 18 CA
40, 45. Actual notice to defendant by state building inspector that his roof
repair required permit constituted fair warning and defeated defendant's claim
that section is unconstitutionally vague. 64 CA 480.
Sec. 29-263a. Working drawings to be accompanied by evidence of
licensure by the state. In the event that working
drawings are used for the installation, alteration or modification of a fire
sprinkler system, no state, city, town or borough building official responsible
for the enforcement of laws, ordinances or regulations relating to the
construction or alteration of buildings or structures, pursuant to section
29-263, shall accept or approve any such drawings or specifications which are
not accompanied by evidence of licensure by the state as an automatic fire
sprinkler system layout technician licensed pursuant to section 20-304a or are
not accompanied by evidence of licensure by the state as a professional engineer
in accordance with chapter 391.
(P.A. 91-273, S. 3.)
Sec. 29-264. (Formerly Sec. 19-398a). Approval of sets of building
plans by State Building Inspector. Issuance of permits pursuant to such
approval. The State Building Inspector may, upon
application by a builder setting forth that a set of plans and specifications
will be utilized in more than one municipality to acquire building permits,
review and approve any set of plans and specifications for the construction or
erection of any building or structure designed to provide dwelling space for not
more than two families if such set of plans and specifications meet the
requirements of the State Building Code. Any building official shall issue a
building permit upon application by a builder and presentation to him of such a
set of plans and specifications bearing the approval of the State Building
Inspector if all other local ordinances are complied with.
(1969, P.A. 443, S.
9.)
History: Sec.
19-398a transferred to Sec. 29-264 in 1983.
Sec. 29-265. (Formerly Sec. 19-400). Certificate of
occupancy. (a) Except as provided in subsection (h) of
section 29-252a, no building or structure erected or altered in any municipality
after October 1, 1970, shall be occupied or used, in whole or in part, until a
certificate of occupancy, as defined in the regulations adopted under section
29-252, has been issued by the building official, certifying that such building,
structure or work performed pursuant to the building permit substantially
conforms to the provisions of the State Building Code and the regulations
lawfully adopted under said code. Nothing in the code or in this part shall
require the removal, alteration or abandonment of, or prevent the continuance of
the use and occupancy of, any single-family dwelling but within six years of the
date of occupancy of such dwelling after substantial completion of construction
of, alteration to or addition to such dwelling, or of a building lawfully
existing on October 1, 1945, except as may be necessary for the safety of life
or property. The use of a building or premises shall not be deemed to have
changed because of a temporary vacancy or change of ownership or
tenancy.
(b) No building official
shall refuse to issue a certificate of occupancy for any single-family dwelling
because such dwelling is not connected to an electric utility if such dwelling
is otherwise in conformity with the requirements of this section and applicable
local health codes and is equipped with an alternative energy system. A
certificate issued under this section shall contain a statement that an
alternative energy system is in place. For the purposes of this subsection,
"alternative energy system" means any system or mechanism which uses solar
radiation, wind, water, biomass or geothermal resources as the primary source
for the generation of electrical energy.
(1949, Rev., S.
4111; 1969, P.A. 443, S. 11; P.A. 80-108, S. 1; P.A. 81-162, S. 3; P.A. 85-195,
S. 3; P.A. 90-230, S. 52, 101; P.A. 93-435, S. 10, 95; P.A. 98-233, S. 5,
8.)
History: 1969 act
required certificate of occupancy after October 1, 1970, rather than after
adoption of state building code by municipality; P.A. 80-108 added Subsec. (b)
re certificate for buildings with alternative energy systems; P.A. 81-162
included six year limitation on need for certificate on single-family dwelling;
Sec. 19-400 transferred to Sec. 29-265 in 1983; P.A. 85-195 amended Subsec. (a),
providing that state agencies be exempt from certificate of occupancy
requirement; P.A. 90-230 corrected an internal reference; P.A. 93-435 made a
technical amendment to Subsec. (a), effective June 28, 1993; P.A. 98-233 amended
Subsec. (a) by referencing the definition of certificate of occupancy and adding
"work performed pursuant to the building permit," effective July 1,
1999.
See Sec.
29-261(e) re return of plans and specifications by building officials.
See Sec. 47a-57 re issuance of
certificate of occupancy as requirement for lawful occupation.
Annotation to
former section 19-400:
Cited. 191 C. 528, 531, 538.
Annotation to present
section:
Cited. 191 C. 528, 531.
Sec. 29-265a. Permits for swimming pools.
(a) As used in this section, "pool alarm" means a device which emits a sound of
at least fifty decibels when a person or an object weighing fifteen pounds or
more enters the water in a swimming
pool.
(b) No building permit
shall be issued for the construction or substantial alteration of a swimming
pool at a residence occupied by, or being built for, one or more families unless
a pool alarm is installed with the swimming pool.
(P.A.
99-140.)
Sec. 29-265b. Rain sensor devices for automatic lawn sprinkler
systems. (a) Any state agency or commercial enterprise
that begins installation of an automatic lawn sprinkler system on or after
October 1, 2003, shall equip such sprinkler system with a rain sensor device or
switch that will automatically override the irrigation cycle of such sprinkler
system when adequate rainfall has
occurred.
(b) A municipality may,
by ordinance adopted by its legislative body, require that any automatic lawn
sprinkler system, the installation of which begins on or after October 1, 2003,
shall be equipped with a rain sensor device or switch that will automatically
override the irrigation cycle of such sprinkler system when adequate rainfall
has occurred.
(P.A. 03-175, S.
2.)
Sec. 29-266. (Formerly Sec. 19-402). Municipal board of appeals.
Filing of appeals in absence of board of appeals. (a) A
board of appeals shall be appointed by each municipality. Such board shall
consist of five members, all of whom shall meet the qualifications set forth in
the State Building Code. A member of a board of appeals of one municipality may
also be a member of the board of appeals of another
municipality.
(b) When the
building official rejects or refuses to approve the mode or manner of
construction proposed to be followed or the materials to be used in the erection
or alteration of a building or structure, or when it is claimed that the
provisions of the code do not apply or that an equally good or more desirable
form of construction can be employed in a specific case, or when it is claimed
that the true intent and meaning of the code and regulations have been
misconstrued or wrongly interpreted, or when the building official issues a
written order under subsection (c) of section 29-261, the owner of such building
or structure, whether already erected or to be erected, or his authorized agent
may appeal in writing from the decision of the building official to the board of
appeals. When a person other than such owner claims to be aggrieved by any
decision of the building official, such person or his authorized agent may
appeal, in writing, from the decision of the building official to the board of
appeals, and before determining the merits of such appeal the board of appeals
shall first determine whether such person has a right to appeal. Upon receipt of
an appeal from an owner or his representative or approval of an appeal by a
person other than the owner, the chairman of the board of appeals shall appoint
a panel of not less than three members of such board to hear such appeal. Such
appeal shall be heard in the municipality for which the building official serves
within five days, exclusive of Saturdays, Sundays and legal holidays, after the
date of receipt of such appeal. Such panel shall render a decision upon the
appeal and file the same with the building official from whom such appeal has
been taken not later than five days, exclusive of Saturdays, Sundays and legal
holidays, following the day of the hearing thereon. A copy of such decision
shall be mailed, prior to such filing, to the party taking such appeal. Any
person aggrieved by the decision of a panel may appeal to the Codes and
Standards Committee within fourteen days after the filing of the decision with
the building official. Any determination made by the local panel shall be
subject to review de novo by said committee.
(c) If, at the time that a building
official makes a decision under subsection (b) of this section, there is no
board of appeals for the municipality in which the building official serves, a
person who claims to be aggrieved by such decision may submit an appeal, in
writing, to the chief executive officer of such municipality. If, within five
days, exclusive of Saturdays, Sundays and legal holidays, after the date of
receipt of such appeal by such officer, the municipality fails to appoint a
board of appeals from among either its own residents or residents of other
municipalities, such officer shall file a notice of such failure with the
building official from whom the appeal has been taken and, prior to such filing,
mail a copy of the notice to the person taking the appeal. Such person may
appeal the decision of the building official to the Codes and Standards
Committee within fourteen days after the filing of such notice with the building
official. If the municipality succeeds in appointing a board of appeals, the
chief executive officer of the municipality shall immediately transmit the
written appeal to such board, which shall review the appeal in accordance with
the provisions of subsection (b) of this section.
(d) Any person aggrieved by any
ruling of the Codes and Standards Committee may appeal to the superior court for
the judicial district where such building or structure has been or is being
erected.
(1949 Rev., S.
4113; 1969, P.A. 443, S. 12; 1971, P.A. 802, S. 9; P.A. 76-436, S. 391, 681;
P.A. 78-280, S. 1, 127; P.A. 82-432, S. 14, 19; P.A. 85-321, S. 2, 3; P.A.
92-164, S. 2; P.A. 93-78; P.A. 04-150, S. 5.)
History: 1969 act
rephrased provisions establishing board of appeals, set membership at five and
allowed members to serve on more than one board, allowed appeals by owners of
buildings "whether already erected or to be erected", added provisions re
hearings by panel, to be followed by appeals to state building code standards
committee and then to court of common pleas, replacing provision for appeals
from board of appeals directly to court of common pleas; 1971 act added
provisions concerning appeals by persons other than owners; P.A. 76-436 replaced
court of common pleas with superior court and added reference to judicial
districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties;
P.A. 82-432 replaced state building code standards committee with codes and
standards committee; Sec. 19-402 transferred to Sec. 29-266 in 1983; P.A. 85-321
divided the section into Subsecs., inserting new language in Subsec. (c),
specifying a procedure for filing of appeals in the absence of a municipal board
of appeals; P.A. 92-164 amended Subsec. (b) to authorize the board to hear
appeals on citations issued by the building inspector concerning improper
licensure of persons at a construction site; P.A. 93-78 amended Subsecs. (b) and
(c) to extend, from seven to fourteen days, the time within which an appeal may
be made to codes and standards committee; P.A. 04-150 amended Subsec. (b) to
delete "the permit, in whole or in part, having been refused by the building
official,".
Annotations to
former section 19-402:
Cited. 162 C. 73. Cited. 174 C. 195,
199. Cited. 175 C. 415, 416, 418-420, 422, 423; 176 C. 475, 478. Cited. 185 C.
145, 147.
Annotations to present
section:
Subsec. (d):
Cited. 18 CA 40, 45. Cited. 24 CA 44,
46.
Sec. 29-267. (Formerly Sec. 19-398b). Tenement House Act provision
re room size inapplicable to construction pursuant to Building Code. Section 19a-358 shall not apply to any building or structure
erected or altered pursuant to the State Building Code.
(1969, P.A. 443, S. 17; 1971,
P.A. 802, S. 7.)
History: 1971 act
deleted reference to repealed Secs. 19-359 and 19-360; Sec. 19-398b transferred
to Sec. 29-267 in 1983.
Sec. 29-268. (Formerly Sec. 19-398c). Two exits required for
sleeping rooms. Section 29-268 is
repealed.
(P.A. 73-663; P.A. 88-356, S.
5.)
Sec. 29-269. (Formerly Sec. 19-395a). Standards for construction
of buildings to accommodate physically handicapped persons. (a) The State Building Inspector and the Codes and Standards
Committee shall revise the State Building Code to be in substantial compliance
with the provisions of the Americans with Disabilities Act of 1990, as amended,
42 USC 12101 and the Fair Housing Amendments Act of 1988, as amended, 42 USC
3600. The provisions of this subsection and the State Building Code as from time
to time revised pursuant to this section shall control the design, construction
and arrangement of all buildings and building elements, constructed under
permits issued on or after October 1, 1975, and all buildings or building
elements constructed or substantially renovated by the state, any municipality
or any other political subdivision of the state, the architectural design of
which was commenced on or after October 1, 1977, except buildings which have
been approved by the Department of Housing and Urban Development as being in
conformance with federal standards for housing for the elderly and physically
handicapped and for which a permit was issued prior to June 9, 1976, to ensure
accessibility thereto and use by the physically
handicapped.
(b) Any variation of
or exemption from any provision of (1) the State Building Code relating to
accessibility to, and use of, buildings and structures by persons with
disabilities, (2) subsection (g) of section 14-253a, (3) section 29-273, or (4)
section 29-274, shall be permitted only when approved by the State Building
Inspector and the director of the Office of Protection and Advocacy for Persons
with Disabilities acting jointly. Any person, agent of the state, municipality
or any other political subdivision of the state may apply to the State Building
Inspector to vary or set aside standards incorporated in the State Building Code
pursuant to the provisions of subsection (a) of this section. The State Building
Inspector, within seven days of receipt of any such application, shall forward a
copy of such application to said director, who shall, within thirty days of
receipt, review the application, and acting jointly with the State Building
Inspector, render a decision to accept or reject the application in whole or in
part. The State Building Inspector and said director may approve a variation of
or exemption from any such standard or specification when they jointly determine
that it would not be feasible or would unreasonably complicate the construction,
alteration or repair in question. Such determination shall be in writing, shall
state the reasons therefor and if it sets aside any such standard or
specification, a copy of such determination shall be sent to said director. Any
person aggrieved by any such decision may appeal to the Codes and Standards
Committee within thirty days after such decision has been rendered.
(c) Regulations or codes made or
amended by authority of this section shall, after a public hearing called for
that purpose by the State Building Inspector not less than thirty days before
the date of such hearing, be filed by the State Building Inspector with the
Secretary of the State in accordance with the provisions of chapter 54 and he
shall thereafter make copies available to persons having an interest
therein.
(d) If any regulation is set aside by
a court of competent jurisdiction, such ruling shall affect only the regulation,
standard or specification included in the ruling and all other regulations,
standards or specifications shall remain in effect.
(February, 1965,
P.A. 216, S. 1, 2, 5; 1967, P.A. 349, S. 2; P.A. 75-503, S. 1, 6; P.A. 76-395,
S. 1, 2; P.A. 77-133; P.A. 78-351, S. 1, 3; P.A. 82-432, S. 3, 19; P.A. 87-123,
S. 1; P.A. 88-315, S. 1; P.A. 89-144, S. 13; P.A. 90-300, S. 3, 8; P.A. 92-71,
S. 1, 3; P.A. 04-237, S. 6.)
History: 1967 act
substituted state building inspector for public works commissioner; P.A. 75-503
replaced general provisions in Subsec. (a) re regulations to ensure that
buildings are accessible to disabled person with specific requirement that state
code conforms to minimum requirements of American National Standards Institute
and replaced references to Secs. 19-395a to 19-395c with "this section" and to
Secs. 4-44 to 4-46 with "chapter 54"; P.A. 76-395 added exception for certain
buildings for housing the elderly and physically handicapped in Subsec. (a);
P.A. 77-133 made provisions applicable to buildings and elements constructed or
renovated by state, municipalities or political subdivisions designed on or
after October 1, 1977; P.A. 78-351 inserted new Subsec. (b) re modification or
setting aside of standards and redesignated remaining Subsecs. accordingly; P.A.
82-432 replaced state building code standards committee with codes and standards
committee; Sec. 19-395a transferred to Sec. 29-269 in 1983; P.A. 87-123 amended
Subsecs. (a) and (b) to delete obsolete references to "ANSI A117.1-1961" and
"article 21" of the code; P.A. 88-315 amended Subsec. (b) to revise procedure re
approval of variations or exemptions from state building code provisions
relating to accessibility for persons with disabilities by requiring joint
approval of state building inspector and director of office of protection and
advocacy for handicapped and added provision authorizing appeals; P.A. 89-144
amended Subsec. (b) by substituting the office of protection and advocacy for
persons with disabilities for the office of protection and advocacy for
handicapped and developmentally disabled persons; P.A. 90-300 amended Subsec.
(b) to add four Subdiv. designations and to insert new language as Subdivs. (2)
to (4), inclusive, re variations of or exemptions from provisions of Secs.
14-253a(g), 29-273 and 29-274(b), (d); P.A. 92-71 amended Subsec. (a) to delete
requirement that code incorporate American National Standard specifications,
substituting requirement that code be in substantial compliance with Americans
with Disabilities Act of 1990 and Fair Housing Amendments Act of 1988; P.A.
04-237 amended Subsec. (b)(4) to delete reference to Subsecs. (b) and (d) of
Sec. 29-274.
See Sec. 10-292
re necessity for public schools' building projects to comply with standards to
meet needs of disabled persons.
See Sec. 29-274 re exemption from
article 21 of State Building Code.
Subsec.
(b):
Cited. 24 CA 44, 46.
Sec. 29-269a. Report on proposed revisions to State Building Code
re accessibility for disabled persons. The State
Building Inspector shall submit a report to (1) the joint standing committee of
the General Assembly having cognizance of matters relating to the Department of
Public Safety, and (2) the director of the Office of Protection and Advocacy for
Persons with Disabilities, not later than December 1, 1990, and thereafter
within two months from the date of any public hearing upon proposed revisions to
the State Building Code with respect to accessibility for persons with
disabilities, which report shall include any proposed revisions to the State
Building Code relating to accessibility, a summary of comments relating thereto
and the decisions of the Codes and Standards Committee thereon.
(P.A. 90-300, S. 6,
8.)
Sec. 29-270. (Formerly Sec. 19-395o). Posting of access
symbols. Section 29-270 is repealed.
(P.A. 75-234; P.A. 87-123, S.
4; P.A. 88-356, S. 5.)