CHAPTER 541*
BUILDING, FIRE AND DEMOLITION CODES.
FIRE MARSHALS AND FIRE HAZARDS.
SAFETY OF PUBLIC AND OTHER STRUCTURES

PART I
DIVISION OF FIRE, EMERGENCY AND BUILDING SERVICES

      Sec. 29-250. Division of Fire, Emergency and Building Services. Offices within. (a) There shall be within the Department of Public Safety a Division of Fire, Emergency and Building Services. The Commissioner of Public Safety shall serve as administrative head of said division. In his capacity as administrative head, the commissioner may delegate his jurisdiction of the affairs of the division to a deputy commissioner who shall be a civilian.

      (b) There shall be in the Division of Fire, Emergency and Building Services (1) an Office of the State Fire Marshal, (2) an Office of the State Building Inspector, and (3) an Office of State-Wide Emergency Telecommunications. The State Building Inspector shall serve as administrative head of the Office of the State Building Inspector. The head of each such office shall report to the administrative head of the Division of Fire, Emergency and Building Services.

      (P.A. 88-256, S. 1, 2; P.A. 90-337, S. 4, 8; P.A. 93-206, S. 15, 16; P.A. 95-11; P.A. 99-190, S. 8, 9.)

      History: P.A. 90-337 amended (1) Subsec. (a) to establish division of fire and building safety, deleting reference to office thereof, to require commissioner to serve as administrative head of division, and to permit commissioner to delegate jurisdiction of division affairs to civilian deputy commissioner, (2) Subsec. (b) to require bureaus of the state fire marshal and state building inspector to be in said division and the head of each bureau to report to administrative head of division; P.A. 93-206 amended Subsecs. (a) and (b) to substitute division of fire, emergency and building services for division of fire and building safety, and Subsec. (b) to substitute office for bureau of the state fire marshal and bureau of the state building inspector and to require office of emergency management and office of state-wide emergency telecommunications to be in division, effective July 1, 1993; P.A. 95-11 deleted former Subsecs. (c) and (d) requiring the Public Safety Commissioner and the General Assembly's joint standing committee having cognizance of public safety matters to report every six months on and monitor the status of implementation of the recommendations of the Governor's Building Construction Advisory Committee; P.A. 99-190 amended Subsec. (b) by removing the Office of Emergency Management from within the Division of Fire, Emergency and Building Services and renumbering the Subdivs. accordingly, effective July 1, 2000.

      See Sec. 28-1a re establishment of Department of Emergency Management and Homeland Security.

PART Ia*
STATE BUILDING CODE

      Sec. 29-251. (Formerly Sec. 19-395f). Codes and Standards Committee; duties; membership. There shall be within the Department of Public Safety a Codes and Standards Committee whose duty it shall be to work with the State Building Inspector in the enforcement of part Ia and the State Fire Marshal in the enforcement of part II of this chapter as set forth herein. The committee shall be composed of seventeen members, residents of the state, appointed by the Commissioner of Public Safety as follows: Two members shall be architects licensed in the state of Connecticut; three shall be professional engineers licensed in the state of Connecticut, two of whom shall practice either structural, mechanical or electrical engineering but in no event shall both of such members represent the same specialty and one of whom shall be a practicing fire protection engineer or mechanical engineer with extensive experience in fire protection; two shall be builders or superintendents of construction, one of whom shall have expertise in residential construction and one of whom shall have expertise in nonresidential construction; one shall be a public health official; two shall be building officials; two shall be local fire marshals; one shall be a Connecticut member of a national building trades labor organization; and four shall be public members, one of whom shall have expertise in matters relating to accessibility and use of facilities by the physically disabled and who shall be selected from a list of names submitted by the Office of Protection and Advocacy for Persons with Disabilities. Each member, other than the public members, shall have had not less than ten years' practical experience in his profession or business. The committee shall adopt regulations in accordance with the provisions of chapter 54 governing the procedure of the committee. Members who fail to attend three consecutive meetings or fifty per cent of all meetings during a calendar year shall be deemed to have resigned. It shall have power, within the limits of appropriations provided therefor, to employ such assistants as may be necessary to conduct its business.

      (1969, P.A. 443, S. 2; P.A. 77-614, S. 496, 610; P.A. 78-303, S. 17, 136; P.A. 79-560, S. 6, 39; P.A. 80-483, S. 81, 186; P.A. 82-432, S. 5, 19; P.A. 87-51; 87-108; P.A. 88-137; P.A. 89-144, S. 12; P.A. 97-308, S. 4; June Sp. Sess. P.A. 98-1, S. 58, 121.)

      History: P.A. 77-614 replaced department and commissioner of public works with department and commissioner of public safety, deleted provision re appointment for three-year terms, reduced architect, engineer and builder membership by one representative in each category and held these memberships for public members and deleted provision re committee's election of chairman, effective January 1, 1979; P.A. 78-303 replaced department and commissioner of public works with department and commissioner of administrative services for period between June 6, 1978 and January 1, 1979; P.A. 79-560 cleared confusion re power to appoint members by deleting reference to appointments by state fire marshal and specified that engineer members practice one of listed specialties but prohibited both from practicing same specialty; P.A. 80-483 made technical changes; P.A. 82-432 changed committee name from "state building code standards" to "codes and standards" committee, increased membership from nine to fourteen, adding one professional engineer, one building official, one public member and two local fire marshals, required that one engineer member be a practicing fire protection engineer and specified when failure to attend meeting is deemed to be resignation; Sec. 19-395f transferred to Sec. 29-251 in 1983; P.A. 87-51 required the committee to work with the state fire marshal in enforcing part II of this chapter and permitted the appointment of a mechanical engineer with experience in fire protection; P.A. 87-108 increased membership of codes and standards committee from fourteen to fifteen, adding one public member who shall have expertise in handicapped accessibility matters; P.A. 88-137 increased membership from fifteen to seventeen, adding another licensed architect and a laborer in building construction; P.A. 89-144 substituted 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. 97-308 increased membership of builders or superintendents by one and specified their expertise in type of construction, substituted member of a national building trades labor organization for a laborer and reduced public members from five to four; June Sp. Sess. P.A. 98-1 specified that regulations re committee procedures shall be adopted in accordance with the provisions of chapter 54, effective June 24, 1998.

      See title 2c re termination under "Sunset Law".

      See Sec. 4-9a for definition of "public member".

      Cited. 18 CA 40.

      Sec. 29-251a. Review of regulations. Report. As used in this section, "program requirements" means any program or part of a program which is required by law. The Commissioner of Public Safety, in consultation with the Codes and Standards Committee, shall conduct a review of existing regulations of each state agency to determine whether any provision of such regulations conflicts with the State Building Code or the State Fire Safety Code. The commissioner shall make recommendations to the department head of any state agency which has regulations that are in conflict with the State Building Code or the State Fire Safety Code for the amendment of such regulations so they no longer are in conflict with said codes. Not later than ninety days following receipt of such recommendations, the department head of such state agency shall initiate the process under chapter 54 to amend or repeal such regulation in order to bring such regulation into compliance with the State Building Code or the State Fire Safety Code, as the case may be, unless the amendment or repeal of such regulation would result in a conflict with the applicable agency's program requirements. The Commissioner of Public Safety, in consultation with the Codes and Standards Committee, shall report such recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to public safety.

      (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.

      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: (A) That exceeds the threshold limits contained in section 29-276b and requires an independent structural review under said section, or (B) that includes residential occupancies for twenty-five or more persons, shall be constructed 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 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 to verify their compliance with the requirements of the State Building Code and, not later than thirty days after 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 said inspector's designee may inspect or cause to be inspected any construction of buildings or alteration of existing buildings by state agencies, except that said inspector or designee shall inspect or cause an inspection if the building being constructed includes residential occupancies for twenty-five or more persons. The State Building Inspector may order any state agency to comply with the State Building Code. The commissioner may delegate such powers as the commissioner deems expedient for the proper administration of this part and any other statute related to the State Building Code to The University of Connecticut, provided the commissioner and the president of The University of Connecticut enter into a memorandum of understanding concerning such delegation of powers in accordance with section 10a-109ff.

      (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; June Sp. Sess. P.A. 05-3, S. 110; P.A. 06-134, S. 11.)

      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; June Sp. Sess. P.A. 05-3 amended Subsec. (b)(1) to insert Subpara. (A) designator before existing provision re exceeding threshold limits contained in Sec. 29-276b and requiring independent structural review and to insert Subpara. (B) designator and "that includes residential occupancies for twenty-five or more persons,", to delete references to "or altered" and to make technical changes, and amended Subsec. (e) to substitute "may" for "shall" re inspection of any construction or alteration and to add exception from inspection provision, requiring inspector or designee to inspect or cause inspection if building being constructed includes residential occupancies for twenty-five or more persons, and to make a technical change, effective July 1, 2005; P.A. 06-134 amended Subsec. (e) by adding language re delegation of powers to The University of Connecticut and memorandum of understanding, effective July 1, 2006.

      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. Cited. 225 C. 575.

      Cited. 13 CA 1.

      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.

      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. 29-256d. Revision of code. Path marking systems. Not later than January 1, 2008, 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 floor proximity path marking devices or related devices intended for installation as a system to identify the path of emergency egress. The amendments shall require that a path marking system be installed within eighteen inches of the floor, provide a visible delineation of the path of travel along the designated exit access and be essentially continuous, except as interrupted by doorways, hallways, corridors or other such architectural features. The amendments shall provide which materials may be used for path marking, and such materials shall include, but not be limited to, electrical photo luminescent or self-luminous material. The amendments shall require installation of a path marking system in new construction in (1) Group A occupancies with an occupant load of more than three hundred persons, (2) Group B medical occupancies, (3) Group E occupancies, (4) Group I-1 occupancies, (5) Group I-2 occupancies, (6) Group R-1 hotels and motels, and (7) Group R-2 dormitories.

      (P.A. 06-162, S. 1.)

      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.

      Annotation to present section:

      Cited. 200 C. 151.

      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, 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) of this section.

      (c) No local building official may be dismissed under subsection (b) of this section 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 or 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. The 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 the court 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; P.A. 05-288, S. 128.)

      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; P.A. 05-288 made technical changes in Subsecs. (b) and (c), effective July 13, 2005.

      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.

      Annotations to present section:

      Cited. 219 C. 217.

      Cited. 13 CA 1. Cited. 15 CA 323.

      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.

      Cited. 15 CA 323.

      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.

      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 applicati