Bill Text: CT SB00388 | 2016 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: An Act Concerning The Department Of Administrative Services' Recommendations Regarding The Adoption Of The State Building And Fire Codes.

Spectrum: Committee Bill

Status: (Passed) 2016-05-31 - Signed by the Governor [SB00388 Detail]

Download: Connecticut-2016-SB00388-Introduced.html

General Assembly

 

Raised Bill No. 388

February Session, 2016

 

LCO No. 2626

 

*02626_______PS_*

Referred to Committee on PUBLIC SAFETY AND SECURITY

 

Introduced by:

 

(PS)

 

AN ACT CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES' RECOMMENDATIONS REGARDING THE ADOPTION OF THE STATE BUILDING AND FIRE CODES.

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

Section 1. Section 29-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) As used in this subsection, "geotechnical" means any geological condition, such as soil and subsurface soil condition, which may affect the structural characteristics of a building or structure. The State Building Inspector and the Codes and Standards Committee shall, jointly, with the approval of the Commissioner of Administrative Services, adopt and administer a State Building Code based on a nationally recognized model building code for the purpose of regulating the design, construction and use of buildings or structures to be erected and the alteration of buildings or structures already erected and make such amendments thereto as they, from time to time, deem necessary or desirable. Such amendments shall be limited to administrative matters, geotechnical and weather-related portions of said code, amendments to said code necessitated by a provision of the general statutes and any other matter which, based on substantial evidence, necessitates an amendment to said code. The code shall be revised [not later than January 1, 2005, and thereafter] as deemed necessary to incorporate any subsequent revisions to the code not later than eighteen months following the date of first publication of such subsequent revisions to the code. The purpose of [said Building Code] the code shall also include, but not be limited to, promoting and ensuring that such buildings and structures are designed and constructed in such a manner as to conserve energy and, wherever practicable, facilitate the use of renewable energy resources, including provisions for electric circuits capable of supporting electric vehicle charging in any newly constructed residential garage in any code adopted after July 8, 2013. [Said Building Code] The code includes any code, rule or regulation incorporated therein by reference.

(b) The State Building Inspector shall be appointed by the Governor. [He] Said inspector shall be an architect or professional engineer licensed by the state of Connecticut, shall have a thorough knowledge of building code administration and enforcement and shall have had not less than ten years practical experience in his or her profession.

(c) The State Building Inspector or his or her designee may issue official interpretations of the State Building Code, including interpretations of the applicability of any provision of the code, upon the request of any person. [The State Building Inspector] Said inspector shall compile and index each interpretation and shall publish such interpretations at periodic intervals not exceeding four months.

(d) The State Building Inspector or his or her designee shall review a decision by a local building official or a board of appeals appointed pursuant to section 29-266 when [he has] there is reason to believe that such official or board has misconstrued or misinterpreted any provision of the State Building Code. If, upon review and after consultation with such official or board, [he] said inspector or a designee determines that a provision of the code has been misconstrued or misinterpreted, [he] said inspector or a designee shall issue an interpretation of said code and may issue any order he or she deems appropriate. Any such determination or order shall be in writing and be sent to such local building official or board by registered mail, return receipt requested. Any person aggrieved by any determination or order by [the State Building Inspector] said inspector under this subsection may appeal to the Codes and Standards Committee [within] not later than fourteen days after mailing of the decision or order. Any person aggrieved by any ruling of the Codes and Standards Committee may appeal in accordance with the provisions of subsection (d) of section 29-266.

(e) The adoption of the State Building Code and any amendments thereto shall not be required to comply with the provisions concerning regulation-making proceedings set forth in chapter 54.

(f) (1) Prior to the adoption of the State Building Code and any amendments thereto, the Codes and Standards Committee shall post any proposed change in, addition to or repeal of any provision of the State Building Code in a conspicuous place on the Internet web site of the Department of Administrative Services and provide an opportunity for public comment on such proposed change in, addition to or repeal of any provision of the State Building Code.

(2) All public comments received prior to the adoption of the State Building Code shall be posted in a conspicuous place on the Internet web site of the Department of Administrative Services.

(g) After the adoption of the State Building Code and any amendments thereto by the Codes and Standards Committee and the State Building Inspector, such committee shall compile the proposed change in, addition to or repeal of the State Building Code and date of approval into one document and post such document in a conspicuous place on the Internet web site of the Department of Administrative Services.

(h) The State Building Inspector shall take appropriate steps to advise the public on how to obtain a copy of the State Building Code and any amendments thereto.

Sec. 2. Subsection (a) of section 29-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) Any town, city or borough or any interested person may propose amendments to the State Building Code, which proposed amendments may be either applicable to all municipalities or, where it is alleged and established that conditions exist within a municipality which are not generally found within other municipalities, any such amendment may be restricted in application to such municipality. Each amendment to the State Building Code shall be adopted in accordance with the provisions of [chapter 54] section 29-252, as amended by this act.

Sec. 3. Subsection (c) of section 29-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(c) Regulations or codes made or amended by authority of this section shall [, after a public hearing called for that purpose by the State Building Inspector not less than thirty days before the date of such hearing, be filed by the State Building Inspector with the Secretary of the State in accordance with the provisions of chapter 54 and he shall thereafter make copies available to persons having an interest therein] be adopted in accordance with the provisions of section 29-252, as amended by this act.

Sec. 4. Section 29-291a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The State Fire Marshal, in coordination with the [advisory committee] State Fire Prevention Code Advisory Committee, established under subsection (b) of this section, shall adopt and administer a State Fire Prevention Code based on a nationally recognized fire prevention code. Said code shall be used to enhance the enforcement capabilities of local fire marshals and for the purposes of prevention of fire and other related emergencies. Said code shall be [adopted not later than October 1, 2008, and shall be revised thereafter] revised as deemed necessary to incorporate any subsequent revisions to the code not later than eighteen months following the date of first publication of such revisions.

(b) There is established [an advisory committee] the State Fire Prevention Code Advisory Committee consisting of nine persons appointed by the State Fire Marshal. The State Fire Marshal shall appoint two members selected from a list of individuals submitted by the Codes and Standards Committee from the membership of said committee and seven members representing local fire marshals, deputy fire marshals and fire inspectors selected from a list of individuals submitted by the Connecticut Fire Marshals Association.

(c) The State Fire Marshal may issue official interpretations of the State Fire Prevention Code, including interpretations of the applicability of any provision of the code, upon the request of any person. The State Fire Marshal shall compile and index each interpretation and shall publish such interpretations at periodic intervals not exceeding four months.

(d) The adoption of the State Fire Prevention Code and any amendments thereto shall not be required to comply with the provisions concerning regulation-making proceedings set forth in chapter 54.

(e) (1) Prior to the adoption of the State Fire Prevention Code and any amendments thereto, the State Fire Prevention Code Advisory Committee shall post any proposed change in, addition to or repeal of any provision of the State Fire Prevention Code in a conspicuous place on the Internet web site of the Department of Administrative Services and provide an opportunity for public comment on such proposed change in, addition to or repeal of any provision of the State Building Code.

(2) All public comments received prior to the adoption of the State Fire Prevention Code shall be posted in a conspicuous place on the Internet web site of the Department of Administrative Services.

(f) After the adoption of the State Fire Prevention Code and any amendments thereto by the State Fire Prevention Code Advisory Committee and the State Fire Marshal, such committee shall compile the proposed change in, addition to or repeal of the State Fire Prevention Code and date of approval into one document and post such document in a conspicuous place on the Internet web site of the Department of Administrative Services.

(g) The State Fire Marshal shall take appropriate steps to advise the public on how to obtain a copy of the State Fire Prevention Code and any amendments thereto.

Sec. 5. Section 29-292 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) (1) The State Fire Marshal and the Codes and Standards Committee shall adopt and administer a Fire Safety Code and at any time may amend the same. The code shall be based on a nationally recognized model fire code and shall be revised [not later than January 1, 2005, and thereafter] as deemed necessary to incorporate advances in technologies and improvements in construction materials and any subsequent revisions to the code not later than eighteen months following the date of first publication of such revisions to the code, unless the State Fire Marshal and the committee certify that a revision is not necessary for such purpose. The [regulations in said code] Fire Safety Code shall provide for reasonable safety from fire, smoke and panic therefrom, in all buildings and areas adjacent thereto except in private dwellings occupied by one or two families and upon all premises, and shall include provision for (A) carbon monoxide detection and warning equipment in (i) new residential buildings not exempt under regulations adopted pursuant to this subsection and designed to be occupied by one or two families for which a building permit for new occupancy is issued on or after October 1, 2005, and (ii) all public or nonpublic school buildings, and (B) smoke detection and warning equipment in (i) residential buildings designed to be occupied by two or more families, (ii) new residential buildings designed to be occupied by one family for which a building permit for new occupancy is issued on or after October 1, 1978, requiring equipment complying with the Fire Safety Code, and (iii) new residential buildings designed to be occupied by one or more families for which a building permit for new occupancy is issued on or after October 1, 1985, requiring equipment capable of operation using alternating current and batteries.

(2) [Said regulations] The Fire Safety Code shall provide the requirements for markings and literature which shall accompany such equipment sufficient to inform the occupants and owners of such buildings of the purpose, protective limitations and correct installation, operating, testing, maintenance and replacement procedures and servicing instructions for such equipment and shall require that smoke detection and warning equipment which is installed in such residential buildings shall be capable of sensing visible or invisible smoke particles, that the manner and location of installing smoke detectors shall be approved by the local fire marshal or building official, that such installation shall not exceed the standards under which such equipment was tested and approved and that such equipment, when activated, shall provide an alarm suitable to warn the occupants, provided each hotel, motel or inn shall install or furnish such equipment which, when activated, shall provide a visible alarm suitable to warn occupants, in at least one per cent of the units or rooms in such establishment having one hundred or more units or rooms and in establishments having less than one hundred units or rooms, it shall install or furnish at least one such alarm.

(3) [Said regulations] The Fire Safety Code shall (A) provide the requirements and specifications for the installation and use of carbon monoxide detection and warning equipment and shall include, but not be limited to, the location, power requirements and standards for such equipment and exemptions for buildings that do not pose a risk of carbon monoxide poisoning due to sole dependence on systems that do not emit carbon monoxide; (B) provide the requirements for testing and inspecting carbon monoxide detection and warning equipment installed in public or nonpublic school buildings and shall include, but not be limited to, the frequency with which such equipment shall be tested and inspected; (C) require that, for a public or nonpublic school building, (i) any carbon monoxide detection equipment installed in any such building meet or exceed Underwriters Laboratories Standard Number 2075, or (ii) any carbon monoxide warning equipment installed in any such building meet or exceed Underwriters Laboratories Standard Number 2034; (D) require the installation and maintenance of such detection or warning equipment to comply with the manufacturer's instructions and with the standards set forth by the National Fire Protection Association; and (E) prohibit, for public and nonpublic school buildings for which a building permit for new occupancy is issued on or after January 1, 2012, the installation of any battery-operated carbon monoxide warning equipment or any plug-in carbon monoxide warning equipment that has a battery as its back-up power source.

(b) (1) No certificate of occupancy shall be issued for any residential building designed to be occupied by two or more families, or any new residential building designed to be occupied by one or more families for which a building permit for new occupancy is issued on or after October 1, 1978, unless the local fire marshal or building official has certified that such building is equipped with smoke detection and warning equipment complying with the Fire Safety Code.

(2) No certificate of occupancy shall be issued for any (A) new residential building not exempt under [regulations] the Fire Safety Code adopted pursuant to [subsection (a) of] this section and designed to be occupied by one or two families for which a building permit for new occupancy is issued on or after October 1, 2005, or (B) public or nonpublic school building for which a building permit for new occupancy is issued on or after January 1, 2012, unless the local fire marshal or building official has certified that such residential or school building is equipped with carbon monoxide detection and warning equipment complying with the Fire Safety Code.

(c) (1) No municipality, local or regional board of education, or supervisory agent of a nonpublic school, and (2) no employee, officer or agent of such municipality, board of education or supervisory agent acting without malice, in good faith and within the scope of his or her employment or official duties shall be liable for any damage to any person or property resulting from the failure to detect carbon monoxide within a public school building, provided carbon monoxide detection equipment is installed and maintained in accordance with the manufacturer's published instructions and with the [regulations established] Fire Safety Code adopted pursuant to this section.

(d) The adoption of the Fire Safety Code and any amendments thereto shall not be required to comply with the provisions concerning regulation-making proceedings set forth in chapter 54.

(e) (1) Prior to the adoption of the Fire Safety Code and any amendments thereto, the Codes and Standards Committee shall post any proposed change in, addition to or repeal of any provision of the Fire Safety Code in a conspicuous place on the Internet web site of the Department of Administrative Services and provide an opportunity for public comment on such proposed change in, addition to or repeal of any provision of the Fire Safety Code.

(2) All public comments received prior to the adoption of the Fire Safety Code shall be posted in a conspicuous place on the Internet web site of the Department of Administrative Services.

(f) After the adoption of the Fire Safety Code and any amendments thereto by the Codes and Standards Committee and the State Fire Marshal, such committee shall compile the proposed change in, addition to or repeal of the Fire Safety Code and date of approval into one document and post such document in a conspicuous place on the Internet web site of the Department of Administrative Services.

(g) The State Fire Marshal shall take appropriate steps to advise the public on how to obtain a copy of the Fire Safety Code and any amendments thereto.

Sec. 6. Subsection (d) of section 29-313 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(d) The Commissioner of Administrative Services shall adopt regulations in accordance with the provisions of [chapter 54 prescribing] section 29-291a, as amended by this act, to prescribe requirements and specifications for the installation or use of fire extinguishers and extinguishing agents. Such regulations shall be incorporated into the State Fire Prevention Code. In adopting such regulations, the commissioner may adopt by reference standards concerning the selection, installation, maintenance, design and testing of portable fire extinguishing equipment and extinguishing agents as set forth by the National Fire Protection Association.

Sec. 7. Subsection (a) of section 29-317 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The Commissioner of Administrative Services shall adopt regulations [,] in accordance with the provisions of [chapter 54, prescribing] section 29-291a, as amended by this act, to prescribe reasonable minimum requirements for the installation of oil burners and equipment used in connection therewith, including tanks, piping, pumps, control devices and accessories. Such regulations shall be incorporated into the State Fire Prevention Code and shall include provisions for the prevention of injury to life and damage to property, and protection from hazards incident to the installation and operation of such oil burners and equipment.

Sec. 8. Section 29-320 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Administrative Services shall adopt and may amend, reasonable regulations in accordance with the provisions of [chapter 54] section 29-291a, as amended by this act, concerning the safe storage, use, transportation by any mode and transmission by pipeline of flammable or combustible liquids. Such regulations shall be incorporated into the State Fire Prevention Code and shall include provisions for the prevention of damage to property and injury to life, and protection from hazards incident to the storage, use, transportation by any mode and transmission by pipeline of such liquids. The commissioner shall enforce such regulations. Such regulations shall not apply to any electric distribution company or gas company, as such terms are defined in section 16-1.

Sec. 9. Subsection (a) of section 29-329 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

(a) The State Fire Marshal shall adopt regulations, in accordance with the provisions of [chapter 54, prescribing] section 29-291a, as amended by this act, to prescribe reasonable minimum requirements for the installation and operation of gas equipment and gas piping. Such regulations shall be incorporated into the State Fire Prevention Code and shall include provisions for the prevention of injury to life and damage to property and protection from hazards incident to the installation and operation of such gas equipment and piping.

Sec. 10. Section 29-331 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Administrative Services shall adopt reasonable regulations, in accordance with the provisions of [chapter 54] section 29-291a, as amended by this act, concerning the safe storage, use, transportation by any mode and transmission by pipeline of liquefied petroleum gas. Regulations concerning safe storage shall specify standards to ensure maximum security against unauthorized entry into storage areas where liquefied petroleum gas or liquefied natural gas is stored. Such regulations shall be incorporated into the State Fire Prevention Code and shall include provisions for the prevention of damage to property and injury to life, and protection from hazards incident to the storage, use, transportation by any mode and transmission by pipeline of such gas, with particular reference to the design, construction, location and operation of liquefied petroleum gas installations. Such regulations shall not apply to any electric distribution company or gas company, as such terms are defined in section 16-1.

Sec. 11. Section 29-337 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Commissioner of Administrative Services shall adopt reasonable regulations in accordance with the provisions of [chapter 54] section 29-291a, as amended by this act, concerning the safe storage, transportation by any mode and transmission by pipeline of hazardous chemicals. Such regulations shall be incorporated into the State Fire Prevention Code and may adopt by reference standards as set forth in the Code of Federal Regulations Title 49, Parts 100 through 199, as amended, and include provisions for the prevention of damage to property and injury to life, and protection from hazards incident to the storage, transportation by any mode and transmission by pipeline of such chemicals.

Sec. 12. Section 29-309 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):

The Codes and Standards Committee shall establish a procedure whereby any person determined to have the right to appeal may appeal a decision of the local fire marshal or State Fire Marshal relating to the enforcement of any provision of the general statutes concerning the Fire Safety Code not more than thirty days after the receipt of notice of the decision by the person aggrieved by such decision. Such procedure shall include the committee and shall be established in accordance with the provisions of [chapter 54] section 29-292, as amended by this act. Any person aggrieved by a decision made in accordance with such procedure may appeal therefrom to the superior court for the judicial district wherein the premises concerned are located.

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

Section 1

from passage

29-252

Sec. 2

from passage

29-254(a)

Sec. 3

from passage

29-259(c)

Sec. 4

from passage

29-291a

Sec. 5

from passage

29-292

Sec. 6

from passage

29-313(d)

Sec. 7

from passage

29-317(a)

Sec. 8

from passage

29-320

Sec. 9

from passage

29-329(a)

Sec. 10

from passage

29-331

Sec. 11

from passage

29-337

Sec. 12

from passage

29-309

Statement of Purpose:

To remove the State Building Code, the State Fire Prevention Code and the Fire Safety Code from the regulation-making proceedings set forth in chapter 54 of the general statutes.

[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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