Bill Text: CT SB00199 | 2012 | General Assembly | Introduced


Bill Title: An Act Concerning Indemnification Of Municipalities For Demolition Claims.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2012-02-24 - Public Hearing 02/28 [SB00199 Detail]

Download: Connecticut-2012-SB00199-Introduced.html

General Assembly

 

Raised Bill No. 199

February Session, 2012

 

LCO No. 1296

 

*01296_______PS_*

 

Referred to Committee on Public Safety and Security

 

Introduced by:

 

(PS)

 

AN ACT CONCERNING INDEMNIFICATION OF MUNICIPALITIES FOR DEMOLITION CLAIMS.

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

Section 1. Section 29-406 of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):

(a) No person shall demolish any building, structure or part thereof without obtaining a permit for the particular demolition undertaking from the building official of the town, city or borough wherein such building or part thereof is located. No person shall be eligible to receive a permit under this section unless such person furnishes [written notice] to the building official: (1) Written notice of financial responsibility in the form of a certificate of insurance specifying demolition 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 town or city and its agents shall be saved harmless from any claim or claims arising out of the negligence of the applicant or his agents or employees in the course of the demolition operations;] (2) written notice in the form of a certificate of notice executed by all public utilities having service connections within the premises proposed to be demolished, stating that such utilities have severed such connections and service; [and] (3) written notice that he is the holder of a current valid license issued under the provisions of section 29-402, except in the case of (A) a person who is engaged in the disassembling, transportation and reconstruction of historic buildings for historical purposes or who is engaged in the demolition of farm buildings or in the renovation, alteration or reconstruction of a single-family residence, or (B) an owner who is engaged in the demolition of a single-family residence or outbuilding, as provided in subsection (c) of section 29-402; and (4) a written commitment by the demolition contractor that the town or city 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 demolition operations. No permit shall be issued under this section unless signed by the owner and the demolition contractor. Each such permit shall contain a printed intention on the part of the signers to comply with the provisions of this part.

(b) In addition to the powers granted pursuant to this part, any town, city or borough may impose, by ordinance, a waiting period of not more than one hundred eighty days before granting any permit for the demolition of any building or structure or any part thereof, except when the demolition permit is required for the removal of a structure acquired by the Department of Transportation for a transportation project.

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

Section 1

October 1, 2012

29-406

Statement of Purpose:

To require an applicant for a demolition permit to furnish a written commitment by the demolition contractor that the town or city and its agents will be saved harmless from any claim arising from negligence of the applicant or his agents or employees during the demolition.

[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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