Bill Text: CT HB05507 | 2014 | General Assembly | Introduced


Bill Title: An Act Concerning The Appointment Of Zoning Enforcement Officials, Building Officials And Fire Marshals.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2014-03-07 - Public Hearing 03/14 [HB05507 Detail]

Download: Connecticut-2014-HB05507-Introduced.html

General Assembly

 

Raised Bill No. 5507

February Session, 2014

 

LCO No. 2076

 

*02076_______PD_*

Referred to Committee on PLANNING AND DEVELOPMENT

 

Introduced by:

 

(PD)

 

AN ACT CONCERNING THE APPOINTMENT OF ZONING ENFORCEMENT OFFICIALS, BUILDING OFFICIALS AND FIRE MARSHALS.

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

Section 1. Subsection (e) of section 8-3 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(e) The [zoning commission shall provide for the manner in which the zoning regulations shall be enforced] chief executive officer of any town, city or borough shall, in consultation with the commission, appoint an officer to enforce the zoning regulations.

Sec. 2. Section 29-260 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(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)] (b) Each municipality shall become a member of the International Code Council and shall pay the membership fee.

Sec. 3. Section 29-297 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2014):

(a) The chief executive officer of any town, city or borough, in consultation with the board of fire commissioners or, [in the absence of such board, any corresponding authority of each town, city or borough, or, if no such board or corresponding authority exists, the legislative body of each city, the board of selectmen of each town or the warden and burgesses of each borough, or,] in the case of an incorporated fire district, with the executive authority of such district, shall appoint a local fire marshal and such deputy fire marshals as may be necessary. In making such appointment, preference shall be given to a member of the regular or volunteer fire department of such municipality. Each local fire marshal shall be sworn to the faithful performance of his or her duties by the clerk of the town, city, borough or fire district. [and shall continue to serve in that office until removed for cause.] Such clerk shall record his acceptance of the position of local fire marshal and shall report the same in writing to the State Fire Marshal within ten days thereafter, giving the name and address of the local fire marshal and stating the limits of the territory in which the local fire marshal is to serve.

(b) The chief executive officer of any town, city or borough, in consultation with the board of fire commissioners or, [in the absence of such board, any corresponding authority of each town, city or borough or, if no such board or corresponding authority exists, the legislative body of each city, the board of selectmen of each town or the warden and burgesses of each borough or,] in the case of an incorporated fire district, with the executive authority of such district, may, upon the death, disability, dismissal, retirement or revocation of certification of the local fire marshal, and in the absence of an existing deputy fire marshal, appoint a certified deputy fire marshal as the acting fire marshal for a period not to exceed one hundred eighty days.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2014

8-3(e)

Sec. 2

October 1, 2014

29-260

Sec. 3

October 1, 2014

29-297

Statement of Purpose:

To require the chief executive officers of towns, cities and boroughs to appoint zoning enforcement officials and fire marshals and to eliminate appointment terms for building officials.

[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.]

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