Substitute House Bill No. 6792

Public Act No. 99-163

An Act Concerning Revisions to Statutes Relating to the Department of Public Safety, Division of Fire, Emergency and Building Services.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 29-4 of the general statutes is repealed and the following is substituted in lieu thereof:

By July 1, 2001, the Commissioner of Public Safety shall appoint and maintain a minimum of one thousand two hundred forty-eight sworn state police personnel to efficiently maintain the operation of the division. On or after June 6, 1990, the commissioner shall appoint [therefrom] from among such personnel not more than two lieutenant colonels who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of lieutenant colonel in the unclassified service may return to the classified service at [his] such employee's former rank. [The position of lieutenant colonel in the classified service shall be abolished on April 1, 1991.] The position of major in the classified service shall be abolished on July 1, 1999, but any existing position of major in the classified service may continue until termination of service. The commissioner shall appoint not more than eight majors who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of major in the unclassified service may return to the classified service at such permanent employee's former rank. The commissioner, subject to the provisions of chapter 67, shall appoint such numbers of [majors,] captains, lieutenants, sergeants, detectives and corporals as [he] the commissioner deems necessary to officer efficiently the state police force. The commissioner may appoint a Deputy State Fire Marshal who shall be in the unclassified service as provided in section 5-198. Any permanent employee in the classified service who accepts appointment to the position of Deputy State Fire Marshal in the unclassified service may return to the classified service at [his] such employee's former rank, class or grade, whichever is applicable. The commissioner shall establish such divisions as [he] the commissioner deems necessary for effective operation of the state police force and consistent with budgetary allotments, a Criminal Intelligence Division and a state-wide organized crime investigative task force to be engaged throughout the state for the purpose of preventing and detecting any violation of the criminal law. The head of the Criminal Intelligence Division shall be of the rank of sergeant or above. The head of the state-wide organized crime investigative task force shall be a police officer. Salaries of the members of the Division of State Police within the Department of Public Safety shall be fixed by the Commissioner of Administrative Services as provided in section 4-40. Subsistence shall be maintained for state police personnel at the expense of the state, and said police personnel shall be reimbursed for all expenses incurred in the performance of official duty. Said police personnel may be promoted, demoted, suspended or removed by the commissioner, but no final dismissal from the service shall be ordered until a hearing has been had before said commissioner on charges preferred against such officer. Each state police officer shall, before entering upon [his] such officer's duties, be sworn to the faithful performance [thereof] of such duties. The Commissioner of Public Safety shall designate an adequate patrol force for motor patrol work exclusively.

Sec. 2. Section 5-198 of the general statutes is repealed and the following is substituted in lieu thereof:

The offices and positions filled by the following-described incumbents shall be exempt from the classified service:

(a) All officers and employees of the Judicial Department;

(b) All officers and employees of the Legislative Department;

(c) All officers elected by popular vote;

(d) All agency heads, members of boards and commissions and other officers appointed by the Governor;

(e) All persons designated by name in any special act to hold any state office;

(f) All officers, noncommissioned officers and enlisted men in the military or naval service of the state and under military or naval discipline and control;

(g) All superintendents or wardens of state institutions, the State Librarian, the president of The University of Connecticut and any other commissioner or administrative head of a state department or institution who is appointed by a board or commission responsible by statute for the administration of such department or institution;

(h) The State Historian appointed by the State Library Board;

(i) Deputies to the administrative head of each department or institution designated by statute to act for and perform all of the duties of such administrative head during his absence or incapacity;

(j) Executive assistants to each state elective officer and each department head, as defined in section 4-5, provided each position of executive assistant shall have been created in accordance with section 5-214;

(k) One personal secretary to the administrative head and to each undersecretary or deputy to such head of each department or institution provided any classified employee whose position is affected by this subsection shall retain classified status in such position;

(l) All members of the professional and technical staffs of the constituent units of the state system of higher education as defined in section 10a-1, of all other state institutions of learning, of the Department of Higher Education, and of the agricultural experiment station at New Haven, professional employees of the State Board of Education and teachers certified by the State Board of Education and employed in teaching positions at state institutions;

(m) Physicians, dentists, student nurses in institutions and other professional specialists who are employed on a part-time basis;

(n) Persons employed to make or conduct a special inquiry, investigation, examination or installation;

(o) Students in educational institutions who are employed on a part-time basis;

(p) Forest fire wardens provided for by section 23-36;

(q) Patients or inmates of state institutions who receive compensation for services rendered therein;

(r) Employees of the Governor including employees working at the executive office, official executive residence at 990 Prospect Avenue, Hartford and the Washington D.C. office;

(s) Persons filling positions expressly exempted by statute from the classified service;

(t) Librarians employed by the State Board of Education or any constituent unit of the state system of higher education;

(u) Employees in the senior executive service;

(v) All officers and employees of the Division of Criminal Justice;

(w) One executive assistant to the chairman of the Office of Health Care Access, provided such position shall have been created in accordance with section 5-214;

(x) Professional employees of the Bureau of Rehabilitation Services in the Department of Social Services;

(y) Lieutenant colonels in the Division of State Police within the Department of Public Safety appointed on or after June 6, 1990, and majors in the Division of State Police within the Department of Public Safety appointed on or after July 1, 1999;

(z) The Deputy State Fire Marshal in the Division of Fire, Emergency and Building Services within the Department of Public Safety;

(aa) The chief administrative officer of the Workers' Compensation Commission; and

(bb) Employees in the education professions bargaining unit.

Sec. 3. Subsection (b) of section 29-254 of the general statutes is repealed and the following is substituted in lieu thereof:

(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. Applications for a modification of the State Building Code shall be accompanied by a letter from the local building official, including comments on the merits of the application. Any such determination by the State Building Inspector shall be in writing. [and be sent to such applicant by registered mail, return receipt requested.] 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.

Sec. 4. Section 29-293 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Fire Safety Code shall specify reasonable minimum requirements for fire safety in new and existing buildings and facilities. [, and may, to ensure the reasonable safety of persons occupying or using any premises, open to the public, require the establishment of a fire zone for the orderly access to said premises of fire and other emergency equipment. Regulations]

(b) Any municipality may, by ordinance, require the establishment of one or more fire zones for the orderly access of fire and other emergency equipment to buildings or facilities open to the public. Any such ordinance may be in accordance with the (1) size, type of construction and nature of use or occupancy of such buildings or facilities, and (2) the fire suppression equipment and method of attack utilized by the fire department. [No regulation made in accordance with sections 29-292 to 29-294, inclusive, shall be inconsistent with the provisions of the statutes.]

Sec. 5. Section 29-316 of the general statutes is repealed and the following is substituted in lieu thereof:

"Fuel oil burner", as used [herein] in this section, means any device designed and arranged to burn fuel oil to obtain warmth in dwellings and other buildings or for cooking purposes. [Until January 1, 1988, no fuel oil burner shall be sold, offered for sale or installed, unless the make and type of such oil burner has been approved by the commissioner and a written certificate of approval has been issued by him. The commissioner may, if no such burner is in operation within the state, require the applicant for approval of a fuel oil burner to install a complete equipment at such place as the commissioner may designate and to furnish such plans and specifications as he may require. On and after January 1, 1988, no] No fuel oil burner shall be sold, offered for sale or installed, unless such burner has been approved by a nationally recognized testing laboratory acceptable to the State Fire Marshal. [The State Fire Marshal shall adopt regulations in accordance with the provisions of chapter 54 specifying the names of the laboratories which are acceptable.] The warden or burgesses of a borough, the selectmen of a town, the common council of a city or the commissioners of a fire district may enact rules and regulations for the installation of fuel oil burners, equipment therefor and fuel oil storage tanks. Any person who violates any provision [hereof] of this section shall be fined not more than one hundred dollars.

Sec. 6. Subsection (g) of section 29-349 of the general statutes is repealed and the following is substituted in lieu thereof:

(g) As used in this section, "blasting agent" means any material, composition or mixture intended for blasting, consisting substantially of a fuel and oxidizer, none of the ingredients of which is an explosive as defined in section 29-343, and the finished product of which as mixed and packaged for use or shipment cannot be detonated by the test procedure established by regulations [promulgated] adopted by the [State Fire Marshal] Commissioner of Public Safety in accordance with chapter 54.

Sec. 7. Section 29-120 of the general statutes is repealed and the following is substituted in lieu thereof:

The provisions of sections 29-109 to [29-119] 29-117, inclusive, shall not apply to schools, churches, Sunday schools, granges, clubs or lodge rooms in which films made from a cellulose acetate base are projected with approved projectors of the enclosed type equipped with incandescent lamps for projection illumination, provided such places at such times shall not be used as theaters or places of public amusement to which an admission fee is usually charged.

Sec. 8. (a) Sections 29-118 and 29-119 of the general statutes are repealed.

(b) In codifying the provisions of this act, the Legislative Commissioners shall delete the reference to section 29-118 that appears in section 51-164n of the general statutes.

Sec. 9. This act shall take effect July 1, 1999, except that sections 3 to 8, inclusive, shall take effect October 1, 1999.

Approved June 23, 1999

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