General Assembly Raised Bill No. 6524
January Session, 2013 LCO No. 3826
*03826_______PS_*
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
General Assembly
Raised Bill No. 6524
January Session, 2013
LCO No. 3826
*03826_______PS_*
Referred to Committee on PUBLIC SAFETY AND SECURITY
Introduced by:
(PS)
AN ACT CONCERNING BUILDING CODE ADOPTION CYCLES AND DUTIES OF BUILDING OFFICIALS.
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 Section 29-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The State Building Inspector and the Codes and Standards Committee shall, jointly, with the approval of the Commissioner of Construction Services, adopt and administer a State Building Code based on [a] one or more nationally recognized model building [code] codes 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] the State Building Code, amendments to [said code] the State Building 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 State Building Code. The State Building Code shall be reviewed periodically in intervals of not less than six years and, following such review, revised in its entirety, as jointly deemed necessary by the State Building Inspector and the Codes and Standards Committee. Revisions to the State Building Code shall be based on the most current version of the model building code or codes upon which the State Building Code is based. Nothing in this section shall preclude the State Building Inspector and the Codes and Standards Committee from revising the State Building Code prior to the time a review of the State Building Code is required by this section. [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] the State Building 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. [Said] The State Building Code includes any code, rule or regulation incorporated therein by reference. As used in this subsection, "geotechnical" means any geological condition, such as soil and subsurface soil conditions, which may affect the structural characteristics of a building or structure.
(b) The State Building Inspector shall be appointed by the Governor. He 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 profession.
(c) The State Building Inspector or his designee may issue official interpretations of the State Building Code, including interpretations of the applicability of any provision [of the code] thereof, upon the request of any person. The State Building 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 designee shall review a decision by a local building official or a board of appeals appointed pursuant to section 29-266 when he has 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 determines that a provision of the [code] State Building Code has been misconstrued or misinterpreted, he shall issue an interpretation of said code and may issue any order he 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 under this subsection may appeal to the Codes and Standards Committee within 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.
Sec. 2. Subsection (a) of section 29-256a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(a) The State Building Inspector and the Codes and Standards Committee shall revise the State Building Code to require that commercial and residential buildings and building elements be designed to provide optimum cost-effective energy efficiency over the useful life of the building and to incorporate the 2012 International Energy Conservation Code, [not later than eighteen months] as soon as practicable after the publication of [said code] the State Building Code. The provisions of this section shall not be construed to impose any new requirement for any renovation or construction of a state building that is subject to the requirements of section 16a-38k, regardless of whether such building has been granted an exemption under said section.
Sec. 3. Subsection (b) of section 29-261 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2013):
(b) The building official or assistant building official shall pass upon any question relative to the mode, manner of construction or materials to be used in the erection or alteration of buildings or structures, pursuant to applicable provisions of the State Building Code and in accordance with rules and regulations adopted by the Department of Construction Services. They shall require compliance with the provisions of the State Building Code, of all rules lawfully adopted and promulgated thereunder and of laws relating to the construction, alteration, repair, removal, demolition and integral equipment and location, use, accessibility, occupancy and maintenance of buildings and structures, except as may be otherwise provided for. In carrying out their duties under this subsection, the building official and assistant building official shall ensure that all inspections are performed by licensed inspectors holding the appropriate class of license for the inspection being performed, as provided in regulations adopted by the State Building Inspector and the Codes and Standards Committee, with the approval of the Commissioner of Construction Services, pursuant to section 29-262.
This act shall take effect as follows and shall amend the following sections:
Section 1 October 1, 2013 29-252
Sec. 2 October 1, 2013 29-256a(a)
Sec. 3 October 1, 2013 29-261(b)
This act shall take effect as follows and shall amend the following sections:
Section 1
October 1, 2013
29-252
Sec. 2
October 1, 2013
29-256a(a)
Sec. 3
October 1, 2013
29-261(b)
Statement of Purpose:
To allow less frequent revisions to the State Building Code and require building officials to ensure that inspections are done by the appropriate licensed inspectors.
[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.]