Bill Text: CT SB00281 | 2018 | General Assembly | Introduced

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Bill Title: An Act Concerning Small Hot Water Heaters, Certain Certifications By State Agencies And The Connecticut Airport Authority, Communication With The State Building Inspector And State Fire Marshal And Revisions To Other Statutes Related To Buildings And Fire Safety.

Sponsorship: Committee Bill

Status: (Introduced - Dead) 2018-03-16 - Motion Failed (JF) [SB00281 Detail]

Download: Connecticut-2018-SB00281-Introduced.html

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General Assembly		Raised Bill No. 281
February Session, 2018		LCO No. 1806
		*01806_______PS_*
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)

AN ACT CONCERNING SMALL HOT WATER HEATERS, CERTAIN CERTIFICATIONS BY STATE AGENCIES AND THE CONNECTICUT AIRPORT AUTHORITY, COMMUNICATION WITH THE STATE BUILDING INSPECTOR AND STATE FIRE MARSHAL AND REVISIONS TO OTHER STATUTES RELATED TO BUILDINGS AND FIRE SAFETY.

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

Section 1. Section 29-231 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The provisions of this chapter shall not apply to: (1) Boilers under federal control; (2) portable boilers used in pumping, heating, steaming and drilling in the open field; (3) portable boilers used solely for agricultural purposes; (4) steam heating boilers, hot water heaters and hot water heating boilers, when used in private homes or apartment houses of not more than five families; (5) hot water heaters approved by a nationally recognized testing agency that are equipped with adequate safety devices including a temperature and pressure relief valve [, having a] and have: (A) A nominal water capacity of not more than one hundred twenty gallons and a heat input of not more than two hundred thousand British thermal units per hour and used solely for hot water supply carrying a pressure of not more than one hundred sixty pounds per square inch and operating at temperatures of not more than two hundred ten degrees Fahrenheit, provided such heaters are not installed in schools, day care centers, public or private hospitals, nursing or boarding homes, churches or public buildings, as defined in section 1-1, or (B) a nominal water capacity of not more than ten gallons and a heat input of not more than twenty thousand British thermal units per hour in any occupancy; (6) antique or model boilers used in public, nonprofit engineering or scientific museums and operated for educational, historical or exhibition purposes having a shell diameter of less than twelve inches and a grate surface area of less than one square foot; and (7) public service companies, as defined in section 16-1.

Sec. 2. Section 29-252a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The State Building Code, including any amendment to [said] the code adopted by the State Building Inspector and Codes and Standards Committee, shall be the building code for all state agencies and the Connecticut Airport Authority.

(b) (1) No state or Connecticut Airport Authority building or structure or addition to a state or Connecticut Airport Authority building or structure: (A) That exceeds the threshold limits contained in section 29-276b and requires an independent structural review under said section, or (B) that includes residential occupancies for twenty-five or more persons, shall be constructed until an application has been filed by (i) the commissioner of an agency authorized to contract for the construction of buildings under the provisions of section 4b-1 or 4b-51, or (ii) the executive director of the Connecticut Airport Authority, with the State Building Inspector and a building permit is issued by the State Building Inspector. Two copies of the plans and specifications for the building, structure or addition to be constructed shall accompany the application. [The commissioner of any such agency or the executive director of the Connecticut Airport Authority shall certify that such plans and specifications are in substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the Fire Safety Code.] The State Building Inspector shall review the plans and specifications for the building, structure or addition to be constructed to verify their compliance with the requirements of the State Building Code and, not later than thirty days after the date of application, shall issue or refuse to issue the building permit, in whole or in part. The State Building Inspector may request that the State Fire Marshal review such plans to verify their compliance with the Fire Safety Code.

(2) On and after July 1, 1999, the State Building Inspector shall assess an education fee on each building permit application. During the fiscal year commencing July 1, 1999, the amount of such fee shall be sixteen cents per one thousand dollars of construction value as declared on the building permit application, and the State Building Inspector shall remit such fees, quarterly, to the Department of Administrative Services, for deposit in the General Fund. Upon deposit in the General Fund, the amount of such fees shall be credited to the appropriation to the Department of Administrative Services and shall be used for the code training and educational programs established pursuant to section 29-251c. On and after July 1, 2000, the assessment shall be made in accordance with regulations adopted pursuant to subsection (d) of section 29-251c.

(c) All state agencies authorized to contract for the construction of any buildings or the alteration of any existing buildings under the provisions of section 4b-1 or 4b-51 or, for any such Connecticut Airport Authority building, the Connecticut Airport Authority, shall be responsible for substantial compliance with the provisions of the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be. Such agencies and the Connecticut Airport Authority shall apply to the State Building Inspector for a certificate of occupancy for all buildings or alterations of existing buildings for which a building permit is required under subsection (b) of this section [and shall certify compliance with the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be, to the State Building Inspector] prior to occupancy or use of the facility.

(d) (1) No state or Connecticut Airport Authority building or structure erected or altered on and after July 1, 1989, for which a building permit has been issued pursuant to subsection (b) of this section, shall be occupied or used in whole or in part, until a certificate of occupancy has been issued by the State Building Inspector, certifying that such building or structure substantially conforms to the provisions of the State Building Code and the regulations lawfully adopted under said code and the State Fire Marshal has verified substantial compliance with the Fire Safety Code and the regulations lawfully adopted under said code for such building or alteration to such building, as the case may be.

(2) No state or Connecticut Airport Authority building or structure erected or altered on and after July 1, 1989, for which a building permit has not been issued pursuant to subsection (b) of this section shall be occupied or used in whole or in part, until the commissioner of the agency erecting or altering the building or structure or, for any Connecticut Airport Authority building or structure, the executive director of the Connecticut Airport Authority, certifies to the State Building Inspector that the building or structure substantially complies with the provisions of the State Building Code, the Fire Safety Code and the regulations lawfully adopted under said codes for such building or alteration to such building, as the case may be.

(e) The State Building Inspector or said inspector's designee may inspect or cause to be inspected any construction of buildings or alteration of existing buildings by state agencies or the Connecticut Airport Authority, except that said inspector or designee shall inspect or cause an inspection if the building being constructed includes residential occupancies for twenty-five or more persons. The State Building Inspector may order any state agency or the Connecticut Airport Authority to comply with the State Building Code. The commissioner may delegate such powers as the commissioner deems expedient for the proper administration of this part and any other statute related to the State Building Code to The University of Connecticut, provided the commissioner and the president of The University of Connecticut enter into a memorandum of understanding concerning such delegation of powers in accordance with section 10a-109ff.

[(f) The joint standing committee of the General Assembly having cognizance of matters relating to the Department of Administrative Services may annually review the implementation date in subsection (b) of this section to determine the need, if any, for revision.]

[(g)] (f) Any person aggrieved by any refusal to issue a building permit or certificate of occupancy under the provisions of this section or by an order to comply with the State Building Code or the Fire Safety Code may appeal, de novo, to the Codes and Standards Committee not later than seven days after the issuance of any such refusal or order.

[(h)] (g) State agencies and the Connecticut Airport Authority shall be exempt from the permit requirements of section 29-263, as amended by this act, and the certificate of occupancy requirement under section 29-265, as amended by this act.

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

(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 the intent of the law shall be observed and public welfare and safety be assured. Any application for a variation or exemption or equivalent or alternate compliance received by a local building official shall be forwarded to the State Building Inspector [by first class mail] not later than fifteen business days after receipt by such local building official and shall be accompanied by a letter from such local building official that shall include comments on the merits of the application. Any such determination by the State Building Inspector shall be in writing. Any person aggrieved by any decision of the State Building Inspector may appeal to the Codes and Standards Committee not later than thirty 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] in accordance with the provisions of subsection (d) of section 29-266, as amended by this act.

Sec. 4. Subsection (a) of section 29-263 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Except as provided in subsection [(h)] (g) of section 29-252a, as amended by this act, and the State Building Code adopted pursuant to subsection (a) of section 29-252, after October 1, 1970, no building or structure shall be constructed or altered until an application has been filed with the building official and a permit issued. Such permit shall be issued or refused, in whole or in part, within thirty days after the date of an application. No permit shall be issued except upon application of the owner of the premises affected or the owner's authorized agent. No permit shall be issued to a contractor who is required to be registered pursuant to chapter 400, for work to be performed by such contractor, unless the name, business address and Department of Consumer Protection registration number of such contractor is clearly marked on the application for the permit, and the contractor has presented such contractor's certificate of registration as a home improvement contractor. Prior to the issuance of a permit and within said thirty-day period, the building official shall review the plans of buildings or structures to be constructed or altered, including, but not limited to, plans prepared by an architect licensed pursuant to chapter 390, a professional engineer licensed pursuant to chapter 391 or an interior designer registered pursuant to chapter 396a acting within the scope of such license or registration, to determine their compliance with the requirements of the State Building Code and, where applicable, the local fire marshal shall review such plans to determine their compliance with the Fire Safety Code and the State Fire Prevention Code. Such plans submitted for review shall be in substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the Fire Safety Code and the State Fire Prevention Code.

Sec. 5. Subsection (a) of section 29-265 of the 2018 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Except as provided in subsection [(h)] (g) of section 29-252a, as amended by this act, no building or structure erected or altered in any municipality after October 1, 1970, shall be occupied or used, in whole or in part, until a certificate of occupancy, as defined in the regulations adopted under section 29-252, has been issued by the building official, certifying that such building, structure or work performed pursuant to the building permit substantially conforms to the provisions of the State Building Code and the regulations lawfully adopted under said code. Nothing in the code or in this part shall require the removal, alteration or abandonment of, or prevent the continuance of the use and occupancy of, any single-family dwelling but within six years of the date of occupancy of such dwelling after substantial completion of construction of, alteration to or addition to such dwelling, or of a building lawfully existing on October 1, 1945, except as may be necessary for the safety of life or property. The use of a building or premises shall not be deemed to have changed because of a temporary vacancy or change of ownership or tenancy.

Sec. 6. Subsection (d) of section 29-266 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) Any person aggrieved by any ruling of the Codes and Standards Committee may appeal within forty-five days in accordance with the provisions of section 4-183 to the superior court for the judicial district where such building or structure has been or is being erected.

Sec. 7. Section 29-291b of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The State Fire Marshal may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of the State Fire Prevention Code where strict compliance with such provisions would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided any such variation or exemption or approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal, secure the public safety. Any application for a variation or exemption or equivalent or alternate compliance received by a local fire marshal shall be forwarded to the State Fire Marshal [by first class mail] not later than fifteen business days after the receipt of such application by the local fire marshal and accompanied by a letter containing the local fire marshal's comments on the merits of the application.

Sec. 8. Section 29-296 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The State Fire Marshal may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of section 29-292 where strict compliance with such provisions would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided any such variation or exemption or approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal, secure the public safety. Any application for a variation or exemption or equivalent or alternate compliance received by a local fire marshal shall be forwarded to the State Fire Marshal [by first class mail] within fifteen business days of receipt by such local fire marshal and shall be accompanied by a letter from such local fire marshal that shall include comments on the merits of the application.

Sec. 9. Sections 29-258 and 29-307 of the general statutes are repealed. (Effective from passage)

This act shall take effect as follows and shall amend the following sections:
Section 1	from passage	29-231
Sec. 2	from passage	29-252a
Sec. 3	from passage	29-254(b)
Sec. 4	from passage	29-263(a)
Sec. 5	from passage	29-265(a)
Sec. 6	from passage	29-266(d)
Sec. 7	from passage	29-291b
Sec. 8	from passage	29-296
Sec. 9	from passage	Repealer section

Statement of Purpose:

To (1) add an exemption concerning small water heaters from the provisions of chapter 540 of the general statutes, (2) delete the requirement that state agencies and the Connecticut Airport Authority certify that plans and projects comply with the State Building Code and Fire Safety Code, (3) eliminate the legislature's ability to revise the implementation date for state and Connecticut Airport Authority buildings, (4) eliminate the requirement that certain applications be mailed to the State Building Inspector and State Fire Marshal, (5) require plans of buildings or structures to be constructed to comply with the State Fire Prevention Code, (6) repeal the requirement that the Commissioner of Administrative Services conduct a certain educational program, and (7) repeal the statutory authority of a local fire marshal to order the removal of fire hazards from manufacturing establishments.

[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.]