Substitute House Bill No. 6948
          Substitute House Bill No. 6948

              PUBLIC ACT NO. 97-308


AN ACT CONCERNING THE STATE BUILDING CODE.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section 1. (NEW)  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
of the general  statutes  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.
    Sec. 2. (NEW) 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  and  continuing
educational   programs  for   building   officials
pursuant  to  section   29-262   of   the  general
statutes.  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 of the
general  statutes,  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  of the general statutes,
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  of the general
statutes,  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 of the general statutes,
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.
    Sec. 3. (a)  There is established a task force
to review issues  related  to  the  State Building
Code  and  to   make   recommendations  concerning
legislative or regulatory  actions  to improve the
adoption,   administration,   implementation   and
interpretation  of  the  State  Building  Code  in
addition to the  recommendations  made by the task
force  to  review  issues  related  to  the  State
Building Code established  pursuant  to section 30
of public act 96-245.
    (b) The task  force  shall  consist  of eleven
members, each of  whom shall have been a member of
the task force  to  review  issues  related to the
State  Building  Code   established   pursuant  to
section 30 of public act 96-245.
    (c)  Any  vacancy   shall  be  filled  by  the
appointing authority.
    (d) The chairpersons  of  the task force shall
be the same  persons  as chaired the task force to
review issues related  to  the State Building Code
established pursuant to  section  30 of public act
96-245. Said chairpersons shall schedule the first
meeting of the task force, which shall be held not
later than sixty  days after the effective date of
this section.
    (e) Not later  than  January 1, 1998, the task
force shall submit  a  report  on its findings and
recommendations to the joint standing committee of
the General Assembly  having cognizance of matters
relating to public  safety, in accordance with the
provisions  of  section   11-4a   of  the  general
statutes. The task  force  shall  terminate on the
date that it  submits  such  report  or January 1,
1998, whichever is earlier.
    Sec. 4. Section 29-251 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    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;  [one  shall  be a
builder   or   a    superintendent   of   building
construction]   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
[laborer engaged in  building  construction who is
a]  Connecticut  member  of  a  national  BUILDING
TRADES labor organization;  and  [five] 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
rules and regulations  for  procedure. 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.
    Sec. 5. Section 29-252 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (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 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  July 1, [1989]
1998, to incorporate such revisions adopted by the
Building   Officials   and   Code   Administrators
International, Inc. in  [1988]  1996  as they deem
necessary, and [not  more  than  every four years]
thereafter to incorporate any necessary subsequent
revisions to the code adopted by said organization
OR   BY   THE    INTERNATIONAL    CODE    COUNCIL,
INCORPORATED,  NOT  LATER   THAN  EIGHTEEN  MONTHS
FOLLOWING THE DATE  OF  FIRST  PUBLICATION OF SAID
SUBSEQUENT REVISIONS. 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.
    Sec. 6. This  act  shall  take effect from its
passage, except that  sections 1, 2, 4 and 5 shall
take effect October 1, 1997.

Approved July 8, 1997