Substitute Senate Bill No. 1140
Substitute Senate Bill No. 1140
PUBLIC ACT NO. 97-118
AN ACT CONCERNING OBSTRUCTIONS WHICH PREVENT ENTRY
OR EXIT BY HANDICAPPED PERSONS AND THE REGULATION
AND INSTALLATION OF LIMITED USE, LIMITED ACCESS
ELEVATORS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) No fixed mounted poles or
other obstructions which prevent the removal of
shopping carts shall be used either inside or
outside of any building constructed prior to 1988
unless there is at least one opening that is a
minimum of thirty-six inches wide at the main
entrance to such building which permits easy
access and egress by handicapped persons in
wheelchairs. No such poles or other obstructions
shall be used in a manner which prevents the use
of curb cuts by such handicapped persons.
Sec. 2. Section 29-200 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) 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 the provisions of
chapter 54 concerning the installation, operation,
maintenance and use of inclined stairway
chairlifts, [and] vertical wheelchair or incline
lifts AND LIMITED USE, LIMITED ACCESS ELEVATORS.
In adopting such regulations, the State Building
Inspector and said committee may adopt by
reference standards concerning inclined stairway
chairlifts, [and] vertical wheelchair or incline
lifts AND LIMITED USE, LIMITED ACCESS ELEVATORS,
as set forth by the American National Standards
Institute.
(b) 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 regulations adopted under the
provisions of subsection (a) of this section. Any
variation of or exemption from any provision of
such regulations shall be permitted only when
approved by the State Building Inspector and the
executive director of the Office of Protection and
Advocacy for Persons with Disabilities acting
jointly. The State Building Inspector, within
seven days of receipt of any such application,
shall forward a copy of such application to said
executive 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 executive 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, and if it sets aside any such standard or
specification, a copy of such determination shall
be sent to said executive director.
(c) Such lifts AND ELEVATORS may be installed
(1) in buildings principally used for meeting,
gathering or assembling by any civic, religious,
fraternal or charitable organization, (2) in
residential buildings designed to be occupied by
one or two families, and (3) in other buildings
and structures only if the executive director of
the Office of Protection and Advocacy for Persons
with Disabilities and the State Building Inspector
jointly approve such installation. An application
for the installation of [a lift] SUCH LIFT OR
ELEVATOR in other buildings and structures under
subdivision (3) of this subsection shall be
submitted to the State Building Inspector who
shall, within seven days of receipt of any such
application, forward a copy of such application to
said executive 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.
(d) Any person aggrieved by any such decision
of the State Building Inspector and the executive
director of the Office of Protection and Advocacy
for Persons with Disabilities may appeal to the
Codes and Standards Committee within thirty days
after such decision has been rendered.
(e) Any person aggrieved by any ruling of the
Codes and Standards Committee may appeal therefrom
to the Superior Court in accordance with section
4-183.
Approved June 6, 1997