Bill Text: CT HB05495 | 2011 | General Assembly | Comm Sub
Bill Title: An Act Establishing A Deconstruction Permitting Process.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2011-02-18 - Public Hearing 02/22 [HB05495 Detail]
Download: Connecticut-2011-HB05495-Comm_Sub.html
General Assembly |
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January Session, 2011 |
LCO No. 3443 | ||
*03443HB05495PS_* | |||
Referred to Committee on Public Safety and Security |
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Introduced by: |
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(PS) |
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AN ACT ESTABLISHING A DECONSTRUCTION PERMITTING PROCESS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective October 1, 2011) (a) As used in sections 1 to 13, inclusive, of this act, the term "license" includes the whole or part of any permit that the Department of Public Safety issues under authority of the general statutes, and that (1) requires a person to place his or her name on a list maintained by the department before such person may engage in the business of deconstructing buildings, (2) requires a person to demonstrate competence by examination or other means, and (3) may be revoked or suspended by the department for cause.
(b) No person shall engage in the business of deconstructing buildings without a license obtained from the Department of Public Safety. An applicant for an initial license shall file an application with the Department of Public Safety, furnish evidence of expertise and financial responsibility and pay a fee of four hundred forty dollars for a class B license and nine hundred forty dollars for a class A license. Each license shall be valid for twelve months from date of issuance and shall be renewable on application of the licensee upon payment of an annual fee of two hundred fifty dollars for a class B license and seven hundred fifty dollars for a class A license. The department may refuse to issue any such license for cause, and may revoke or refuse to renew any such license for failure to carry out and conform to the provisions of sections 1 to 13, inclusive, of this act, any regulations adopted pursuant to section 12 of this act, or for any violation of title 22a of the general statutes. The department shall not refuse to issue a license or a renewal of such license, and shall not revoke a license, without granting the opportunity for a hearing conducted by the Department of Public Safety in accordance with the provisions of chapter 54 of the general statutes.
(c) The provisions of this section shall not apply to (1) a person who is engaged in the deconstruction, transportation and reconstruction of historic buildings for historical purposes or in the deconstruction of farm buildings or in the renovation, alteration or reconstruction of a single-family residence, (2) the removal of underground petroleum storage tanks, (3) the burning of a building or structure as part of an organized fire department training exercise, or (4) the deconstruction of a single-family residence or outbuilding by an owner of such structure if such residence or outbuilding does not exceed a height of thirty feet, provided (A) the owner shall be present on site while such deconstruction work is in progress and shall be held personally liable for any injury to individuals or damage to public or private property caused by such deconstruction, and (B) such deconstruction shall be permitted only with respect to buildings that have clearance from other structures, roads or highways equal to or greater than the height of the structure subject to deconstruction. The local building official may require additional clearance when deemed necessary for safety.
Sec. 2. (NEW) (Effective October 1, 2011) Any person aggrieved by a decision of the Department of Public Safety refusing to grant or renew or revoking any license as defined in section 1 of this act may appeal from such decision pursuant to section 4-183 of the general statutes. Such appeal shall be privileged in assignment for trial.
Sec. 3. (NEW) (Effective October 1, 2011) The local building official of each municipality shall administer sections 1 to 13, inclusive, of this act. Each such official shall have experience in building deconstruction, construction or structural engineering, shall be generally informed on deconstruction practices and requirements and on the equipment necessary for the safety of persons engaged in deconstruction and the public and shall have a thorough knowledge of the general statutes and regulations of the department concerning deconstruction. Such official shall pass upon any question relative to the manner of deconstruction or materials or equipment to be used in the deconstruction of buildings or structures.
Sec. 4. (NEW) (Effective October 1, 2011) Any person aggrieved by any order or decision of a building official relating to sections 1 to 13, inclusive, of this act may, not later than ten days after such order or decision, appeal from such decision to the superior court for the judicial district in which such person resides, and such appeal shall be a privileged matter to be heard by the court as soon after the return day as is practicable.
Sec. 5. (NEW) (Effective October 1, 2011) No person shall deconstruct any building, structure or part of such building or structure without obtaining a permit for the particular deconstruction undertaking from the building official of the municipality in which such building or part is located unless such person is exempted from the licensing requirement under subsection (c) of section 1 of this act. No person shall be eligible to receive a permit under this section unless he or she furnishes to the building official written evidence (1) of financial responsibility in the form of a certificate of insurance specifying the deconstruction purposes and providing liability coverage for bodily injury of at least one hundred thousand dollars per person with an aggregate of at least three hundred thousand dollars, and for property damage of at least fifty thousand dollars per accident with an aggregate of at least one hundred thousand dollars; each such certificate shall provide that the municipality and its agents shall be saved harmless from any claim or claims arising out of the negligence of the applicant or the applicant's agents or employees in the course of the deconstruction operations; (2) in the form of a certificate of notice executed by all public utilities having service connections within the premises proposed to be deconstructed, stating that such utilities have severed such connections and service; and (3) that the applicant is the holder of a current valid license issued under the provisions of section 1 of this act, except in the case of (A) a person who is engaged in the deconstruction, transportation and reconstruction of historic buildings for historical purposes or who is engaged in the deconstruction of farm buildings or in the renovation, alteration or reconstruction of a single-family residence, or (B) an owner who is engaged in the deconstruction of a single-family residence or outbuilding, as provided in subsection (c) of section 1 of this act. No permit shall be issued under this section unless signed by the owner and the deconstruction contractor. Each such permit shall contain a printed intention on the part of the signers to comply with the provisions of sections 1 to 13, inclusive, of this act.
(b) In addition to the powers granted pursuant to sections 1 to 13, inclusive, of this act, any municipality may, by ordinance, impose a waiting period of not more than one hundred eighty days before granting any permit for the deconstruction of any building or structure or any part of such building or structure.
Sec. 6. (NEW) (Effective October 1, 2011) No person shall commence any deconstruction operation unless such person first notifies each adjoining property owner by registered or certified mail at such owner's last address according to the records of the assessor of the municipality in which such deconstruction operation is planned.
Sec. 7. (NEW) (Effective October 1, 2011) (a) No person shall deconstruct any building or structure or part of such building or structure without providing adequate safety measures for all workers and suitable protection for the public.
(b) No person shall deconstruct any building or structure, without causing to be erected and maintained, for the duration of the deconstruction operations, a fence or barricade meeting the requirements of this section. Each such fence or barricade shall (1) be adequate for safety; (2) be not less than eight feet high; (3) extend along the street line for the entire length of the building or structure facing on the street, with each end returning back to the building line; and (4) be solid for its entire length, except for such openings, provided with sliding doors swinging inward, as may be necessary for the proper execution of the work. The local building official may waive the requirements of this subsection or may make such further requirements as such official deems necessary for the protection of the public, the adjoining properties or any personal property of such owners and such property's use.
Sec. 8. (NEW) (Effective October 1, 2011) No person shall deconstruct any building or structure or part of such building or structure, when such building, structure or part (1) is within six feet of a street line, (2) is twelve feet or more in height, (3) is within six feet of an area which the owner or lessee provides and invites the public to use as the public would a public way, or (4) when the distance between such street line or area and such building, structure or part is more than six feet but less than one-half the total height of the object to be deconstructed, without causing to be erected and maintained a sidewalk shed meeting the requirements of this section. Such shed shall: (A) Extend for the full length of the building on all street fronts; (B) remain in place for the duration of the deconstruction operations; (C) be not less than four feet wide and six feet eight inches high in the clear; (D) be watertight; and (E) be adequately lighted for pedestrian traffic. When the roof of any such shed is used for the storage of material or for the performance of work of any kind, adequate railings, not less than three feet high, and solid toe boards, not less than six inches high, shall be affixed along the open sides and ends of such roof. The roof of such shed shall be of sufficient strength and stability safely to sustain the weight of materials that may be placed thereon and the shocks incidental to the handling, preparation for use, trucking or delivery of materials. The requirements of this section, as such requirements relate to street lines, shall not apply in any case in which all such streets are officially closed to pedestrian and vehicular traffic. The building official may waive any of the requirements of this section if the object to be deconstructed is more than forty feet from any street line or area used as a public way and deconstruction is accomplished by the removal of one story at a time.
Sec. 9. (NEW) (Effective October 1, 2011) No person shall use deconstruction procedures that involve hazard or risk to the general public or unnecessary danger to the workers of a deconstruction project, and no person shall use deconstruction procedures not in accordance with industry standards.
Sec. 10. (NEW) (Effective October 1, 2011) No person shall deconstruct any structure or building without making suitable provision for the disposal of all accumulated materials. No person shall overload any part of the protective structures erected during the deconstruction operations by storage, materials or debris to an extent beyond the live load capacity. No person shall, during deconstruction operations, allow materials to accumulate that would, by their nature, upon removal, cause an excessive amount of dust, dirt or debris in the air, without suitably wetting down such accumulated materials with water, dehydrated lime or some similar agent.
Sec. 11. (NEW) (Effective October 1, 2011) No person shall allow any basement, cellar, hole or the like to remain uncovered or opened as a result of the deconstruction of any building, structure or part thereof. Each person who, in a deconstruction operation, uncovers or opens such a basement, cellar, hole or the like shall fill the same to grade and remove all excess materials, rubbish and debris from the premises. If a new building, structure or part thereof is to be erected on the site of such deconstructed premises, the building official may waive any of the provisions of this section.
Sec. 12. (NEW) (Effective October 1, 2011) The Commissioner of Public Safety shall adopt regulations, in accordance with the provisions of chapter 54 of the general statutes, as may be necessary, in order to carry out the purposes of sections 2 to 13, inclusive, of this act and section 29-415 of the general statutes, as amended by this act, and as necessary to define terms used within sections 1 to 13, inclusive, of this act, including, but not limited to, "deconstruction".
Sec. 13. (NEW) (Effective October 1, 2011) Any person who violates any provision of sections 1 to 12, inclusive, of this act, shall be fined not more than five hundred dollars or imprisoned not more than one year, or both.
Sec. 14. Section 29-415 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2011):
The provisions of this part and sections 1 to 13, inclusive, of this act shall not apply to the structures, such as distribution and transmission poles, towers and fixtures, steam plant, gas plant, gas tank or holder, water tank or electric substation, of any public service company as defined in section 16-1 whose operations are under the jurisdiction of the Department of Public Utility Control.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2011 |
New section |
Sec. 2 |
October 1, 2011 |
New section |
Sec. 3 |
October 1, 2011 |
New section |
Sec. 4 |
October 1, 2011 |
New section |
Sec. 5 |
October 1, 2011 |
New section |
Sec. 6 |
October 1, 2011 |
New section |
Sec. 7 |
October 1, 2011 |
New section |
Sec. 8 |
October 1, 2011 |
New section |
Sec. 9 |
October 1, 2011 |
New section |
Sec. 10 |
October 1, 2011 |
New section |
Sec. 11 |
October 1, 2011 |
New section |
Sec. 12 |
October 1, 2011 |
New section |
Sec. 13 |
October 1, 2011 |
New section |
Sec. 14 |
October 1, 2011 |
29-415 |
Statement of Purpose:
To require individuals performing deconstruction activities go through state-approved training programs, similar to those required for a demolition permit, in order to set standards for the renovation of existing buildings and for the health and safety of people working in renovation settings.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]
REP. MEGNA, 97th Dist.; REP. LEMAR, 96th Dist. REP. WALKER, 93rd Dist.; SEN. LOONEY, 11th Dist. |