CT
Connecticut Senate Bill SB00388

Connecticut 2016 Regular Session

Connecticut Senate Bill SB00388 Compare Versions

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1-Substitute Senate Bill No. 388
1+General Assembly Substitute Bill No. 388
2+February Session, 2016 *_____SB00388PS____031516____*
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3-Public Act No. 16-215
4+General Assembly
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6+Substitute Bill No. 388
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8+February Session, 2016
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10+*_____SB00388PS____031516____*
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512 AN ACT CONCERNING THE DEPARTMENT OF ADMINISTRATIVE SERVICES' RECOMMENDATIONS REGARDING THE ADOPTION OF THE STATE BUILDING AND FIRE CODES.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9-Section 1. (NEW) (Effective from passage) (a) For the purposes of this section, "proposed code" means a proposal by the State Building Inspector and the Codes and Standards Committee for a new State Building Code or for a change in, addition to or repeal of any provision of the State Building Code.
16+Section 1. Section 29-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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11-(b) Notwithstanding the provisions of chapter 54 of the general statutes, the adoption of the State Building Code and any amendments thereto shall not be required to comply with the provisions of chapter 54 of the general statutes, except as provided in this section.
18+(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.
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13-(c) Prior to the adoption of the State Building Code and any amendments thereto, the State Building Inspector shall (1) post any proposed code, a statement of purpose for which the proposed code is proposed, a fiscal note associated with compliance with the proposed code prepared pursuant to section 4-168 of the general statutes, and a regulatory flexibility analysis prepared pursuant to section 4-168a of the general statutes on the Internet web site of the Department of Administrative Services, (2) give notice electronically to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, (3) give notice to any person who has requested the State Building Inspector for advance notice of its proposed code adoption proceedings, (4) provide for a public comment period of forty-five days following the posting of such proposed code, fiscal note and regulatory flexibility analysis, and (5) hold a public hearing on the proposed code not less than twenty nor more than thirty-five days after such posting.
20+(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.
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15-(d) After the close of the public comment period, the State Building Inspector and the Codes and Standards Committee shall respond to each written and oral comment respecting the proposed code received during the public comment period and at the public hearing. Such response shall include any change made to the proposed code if applicable, and the rationale for such change. The State Building Inspector shall post such response on the Internet web site of the Department of Administrative Services not later than thirty days after the close of the public comment period.
22+(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.
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17-(e) The State Building Inspector and the Codes and Standards Committee shall create and maintain a code-making record for each proposed code, submit such code-making record electronically to the standing legislative regulation review committee and the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, and post such code-making record on the Internet web site of the Department of Administrative Services. Such code-making record shall include, but need not be limited to: (1) The final wording of the proposed code in a format consistent with a nationally recognized model building code, (2) the fiscal note prepared pursuant to subsection (c) of this section, (3) the regulatory flexibility analysis prepared pursuant to subsection (c) of this section, (4) all written and oral comments received during the public comment period, and (5) the response to such comments prepared pursuant to subsection (d) of this section.
24+(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.
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19-(f) The standing legislative regulation review committee shall have not more than forty-five days from the date the code-making record is submitted to the committee pursuant to subsection (e) of this section to convene a meeting to approve, disapprove or reject without prejudice the proposed code, in whole or in part. If the proposed code is withdrawn, the State Building Inspector shall resubmit the proposed code and the committee shall have not more than forty-five days from the date of such resubmittal to convene a meeting to approve, disapprove or reject without prejudice the resubmitted proposed code. If the committee notifies the State Building Inspector in writing that it is waiving its right to convene a meeting or does not act on a proposed code or a resubmitted proposed code, as the case may be, within such forty-five-day period, the proposed code or resubmitted proposed code shall be deemed to be approved by the committee.
26+(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.
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21-(g) If the committee disapproves a proposed code, in whole or in part, the committee shall notify the State Building Inspector of the disapproval and the reasons for the disapproval. The State Building Inspector shall not take any action to implement such disapproved code, except that the State Building Inspector may submit a substantively new proposed code in accordance with the provisions of this section, provided the General Assembly may reverse such disapproval in accordance with the provisions of section 4-171 of the general statutes.
28+(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.
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23-(h) If the committee rejects a proposed code without prejudice, in whole or in part, the committee shall notify the State Building Inspector of the reasons for the rejection and the State Building Inspector shall resubmit the proposed code in revised form to the committee not later than thirty days after the date of rejection without prejudice. Each resubmission of the proposed code under this subsection shall include a summary of any revisions to the proposed code. The committee shall have not more than forty-five days after the receipt of the resubmittal to review and take action on such resubmitted proposed code in the same manner as provided in subsection (f) of this section.
30+(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.
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25-(i) The State Building Code or any amendment thereto approved or deemed approved by the committee pursuant to subsection (f) of this section is effective and enforceable against any person or party upon its posting on the Internet web site of the Department of Administrative Services, except that: (1) If a later date is required by statute or specified in the code, the later date is the effective date, and (2) a code may not be effective before the effective date of the public act requiring or permitting the code. Such posting shall include a statement by the State Building Inspector certifying that the electronic copy of the code is a true and accurate copy of the code approved or deemed approved in accordance with subsection (f) of this section. The electronic copy of the State Building Code posted on the Internet web site of the Department of Administrative Services shall be the official version for all purposes, including all legal and administrative proceedings.
32+(g) After the adoption of the State Building Code and any amendments thereto by the Codes and Standards Committee and the State Building Inspector, the committee shall compile the proposed changes in, additions to or repeals 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.
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27-(j) No provision of the State Building Code or any amendment thereto adopted after the effective date of this section is valid unless adopted in substantial compliance with the requirements of this section. A proceeding to contest any provision of the code on the ground of noncompliance with the requirements of this section shall be commenced within two years from the effective date of the code.
34+(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.
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29-(k) The State Building Inspector shall advise the public concerning how to obtain a copy of the State Building Code and any amendments thereto.
36+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):
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31-Sec. 2. (NEW) (Effective from passage) (a) For the purposes of this section, "proposed code" means a proposal by the State Fire Marshal, in coordination with the advisory committee for a new State Fire Prevention Code or for a change in, addition to or repeal of any provision of the State Fire Prevention Code and "advisory committee" means the advisory committee established under subsection (b) of section 29-291a of the general statutes.
38+(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.
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33-(b) Notwithstanding the provisions of chapter 54 of the general statutes, the adoption of the State Fire Prevention Code and any amendments thereto shall not be required to comply with the provisions of chapter 54 of the general statutes, except as provided in this section.
40+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):
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35-(c) Prior to the adoption of the State Fire Prevention Code and any amendments thereto, the State Fire Marshal shall (1) post any proposed code, a statement of purpose for which the proposed code is proposed, a fiscal note associated with compliance with the proposed code prepared pursuant to section 4-168 of the general statutes and a regulatory flexibility analysis prepared pursuant to section 4-168a of the general statutes on the Internet web site of the Department of Administrative Services, (2) give notice electronically to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, (3) give notice to any person who has requested the State Fire Marshal for advance notice of the proposed code adoption proceedings, (4) provide for a public comment period of forty-five days following the posting of such proposed code, fiscal note and regulatory flexibility analysis, and (5) hold a public hearing on the proposed code not less than twenty nor more than thirty-five days after such posting.
42+(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.
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37-(d) After the close of the public comment period, the State Fire Marshal, in coordination with the advisory committee, shall respond to each written and oral comment respecting the proposed code received during the public comment period and at the public hearing. Such response shall include any change made to the proposed code if applicable, and the rationale for such change. The State Fire Marshal shall post such response on the Internet web site of the Department of Administrative Services not later than thirty days after the close of the public comment period.
44+Sec. 4. Section 29-291a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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39-(e) The State Fire Marshal, in coordination with the advisory committee, shall create and maintain a code-making record for each proposed code, submit such code-making record electronically to the standing legislative regulation review committee and the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, and post such code-making record on the Internet web site of the Department of Administrative Services. Such code-making record shall include, but need not be limited to: (1) The final wording of the proposed code in a format consistent with a nationally recognized model building code, (2) the fiscal note prepared pursuant to subsection (c) of this section, (3) the regulatory flexibility analysis prepared pursuant to subsection (c) of this section, (4) all written and oral comments received during the public comment period, and (5) the response to such comments prepared pursuant to subsection (d) of this section.
46+(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.
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41-(f) The standing legislative regulation review committee shall have not more than forty-five days from the date the code-making record is submitted to the committee pursuant to subsection (e) of this section to convene a meeting to approve, disapprove or reject without prejudice the proposed code, in whole or in part. If the proposed code is withdrawn, the State Fire Marshal shall resubmit the proposed code and the committee shall have not more than forty-five days from the date of such resubmittal to convene a meeting to approve, disapprove or reject without prejudice the resubmitted proposed code. If the committee notifies the State Fire Marshal in writing that it is waiving its right to convene a meeting or does not act on a proposed code or a resubmitted proposed code, as the case may be, within such forty-five-day period, the proposed code or resubmitted proposed code shall be deemed to be approved by the committee.
48+(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.
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43-(g) If the committee disapproves a proposed code, in whole or in part, the committee shall notify the State Fire Marshal of the disapproval and the reasons for the disapproval. The State Fire Marshal shall not take any action to implement such disapproved code, except that the State Fire Marshal may submit a substantively new proposed code in accordance with the provisions of this section, provided the General Assembly may reverse such disapproval in accordance with the provisions of section 4-171 of the general statutes.
50+(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.
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45-(h) If the committee rejects a proposed code without prejudice, in whole or in part, the committee shall notify the State Fire Marshal of the reasons for the rejection and the State Fire Marshal shall resubmit the proposed code in revised form to the committee not later than thirty days after the date of rejection without prejudice. Each resubmission of the proposed code under this subsection shall include a summary of any revisions to the proposed code. The committee shall have not more than forty-five days after the receipt of the resubmittal to review and take action on such resubmitted proposed code in the same manner as provided in subsection (f) of this section.
52+(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.
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47-(i) The State Fire Prevention Code or any amendment thereto approved or deemed approved by the committee pursuant to subsection (f) of this section is effective and enforceable against any person or party upon its posting on the Internet web site of the Department of Administrative Services, except that: (1) If a later date is required by statute or specified in the code, the later date is the effective date, and (2) a code may not be effective before the effective date of the public act requiring or permitting the code. Such posting shall include a statement by the State Fire Marshal certifying that the electronic copy of the code is a true and accurate copy of the code approved or deemed approved in accordance with subsection (f) of this section. The electronic copy of the State Fire Prevention Code posted on the Internet web site of the Department of Administrative Services shall be the official version for all purposes, including all legal and administrative proceedings.
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 Fire Prevention Code.
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49-(j) No provision of the State Fire Prevention Code or any amendment thereto adopted after the effective date of this section is valid unless adopted in substantial compliance with the requirements of this section. A proceeding to contest any provision of the code on the ground of noncompliance with the requirements of this section shall be commenced within two years from the effective date of the code.
56+(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.
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51-(k) The State Fire Marshal shall advise the public concerning how to obtain a copy of the State Fire Prevention Code and any amendments thereto.
58+(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, the committee shall compile the proposed changes in, additions to or repeals 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.
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53-Sec. 3. (NEW) (Effective from passage) (a) For the purposes of this section, "proposed code" means a proposal by the State Fire Marshal and the Codes and Standards Committee for a new Fire Safety Code or for a change in, addition to or repeal of any provision of the Fire Safety Code.
60+(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.
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55-(b) Notwithstanding the provisions of chapter 54 of the general statutes, the adoption of the Fire Safety Code and any amendments thereto shall not be required to comply with the provisions of chapter 54 of the general statutes, except as provided in this section.
62+Sec. 5. Section 29-292 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
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57-(c) Prior to the adoption of the Fire Safety Code and any amendments thereto, the State Fire Marshal shall (1) post any proposed code, a statement of purpose for which the proposed code is proposed, a fiscal note associated with compliance with the proposed code prepared pursuant to section 4-168 of the general statutes, and a regulatory flexibility analysis prepared pursuant to section 4-168a of the general statutes on the Internet web site of the Department of Administrative Services, (2) give notice electronically to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, (3) give notice to any person who has requested the State Fire Marshal for advance notice of the proposed code adoption proceedings, (4) provide for a public comment period of forty-five days following the posting of such proposed code, fiscal note and regulatory flexibility analysis, and (5) hold a public hearing on the proposed code not less than twenty nor more than thirty-five days after such posting.
64+(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.
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59-(d) After the close of the public comment period, the State Fire Marshal and the Codes and Standards Committee shall respond to each written and oral comment respecting the proposed code received during the public comment period and at the public hearing. Such response shall include any change made to the proposed code if applicable, and the rationale for such change. The State Fire Marshal shall post such response on the Internet web site of the Department of Administrative Services not later than thirty days after the close of the public comment period.
66+(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.
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61-(e) The State Fire Marshal and the Codes and Standards Committee shall create and maintain a code-making record for each proposed code, submit such code-making record electronically to the standing legislative regulation review committee and the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, and post such code-making record on the Internet web site of the Department of Administrative Services. Such code-making record shall include, but need not be limited to: (1) The final wording of the proposed code in a format consistent with a nationally recognized model building code, (2) the fiscal note prepared pursuant to subsection (c) of this section, (3) the regulatory flexibility analysis prepared pursuant to subsection (c) of this section, (4) all written and oral comments received during the public comment period, and (5) the response to such comments prepared pursuant to subsection (d) of this section.
68+(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.
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63-(f) The standing legislative regulation review committee shall have not more than forty-five days from the date the code-making record is submitted to the committee pursuant to subsection (e) of this section to convene a meeting to approve, disapprove or reject without prejudice the proposed code, in whole or in part. If the proposed code is withdrawn, the State Fire Marshal shall resubmit the proposed code and the committee shall have not more than forty-five days from the date of such resubmittal to convene a meeting to approve, disapprove or reject without prejudice the resubmitted proposed code. If the committee notifies the State Fire Marshal in writing that it is waiving its right to convene a meeting or does not act on a proposed code or a resubmitted proposed code, as the case may be, within such forty-five-day period, the proposed code or resubmitted proposed code shall be deemed to be approved by the committee.
70+(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.
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65-(g) If the committee disapproves a proposed code, in whole or in part, the committee shall notify the State Fire Marshal of the disapproval and the reasons for the disapproval. The State Fire Marshal shall not take any action to implement such disapproved code, except that the State Fire Marshal may submit a substantively new proposed code in accordance with the provisions of this section, provided the General Assembly may reverse such disapproval in accordance with the provisions of section 4-171 of the general statutes.
72+(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.
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67-(h) If the committee rejects a proposed code without prejudice, in whole or in part, the committee shall notify the State Fire Marshal of the reasons for the rejection and the State Fire Marshal shall resubmit the proposed code in revised form to the committee not later than thirty days after the date of rejection without prejudice. Each resubmission of the proposed code under this subsection shall include a summary of any revisions to the proposed code. The committee shall have not more than forty-five days after the receipt of the resubmittal to review and take action on such resubmitted proposed code in the same manner as provided in subsection (f) of this section.
74+(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.
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69-(i) The Fire Safety Code or any amendment thereto approved or deemed approved by the committee pursuant to subsection (f) of this section is effective and enforceable against any person or party upon its posting on the Internet web site of the Department of Administrative Services, except that: (1) If a later date is required by statute or specified in the code, the later date is the effective date, and (2) a code may not be effective before the effective date of the public act requiring or permitting the code. Such posting shall include a statement by the State Fire Marshal certifying that the electronic copy of the code is a true and accurate copy of the code approved or deemed approved in accordance with subsection (f) of this section. The electronic copy of the Fire Safety Code posted on the Internet web site of the Department of Administrative Services shall be the official version for all purposes, including all legal and administrative proceedings.
76+(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.
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71-(j) No provision of the Fire Safety Code or any amendment thereto adopted after the effective date of this section is valid unless adopted in substantial compliance with the requirements of this section. A proceeding to contest any provision of the code on the ground of noncompliance with the requirements of this section shall be commenced within two years from the effective date of the code.
78+(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.
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73-(k) The State Fire Marshal shall advise the public concerning how to obtain a copy of the Fire Safety Code and any amendments thereto.
80+(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.
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75-Sec. 4. Section 4-173 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
82+(f) After the adoption of the Fire Safety Code and any amendments thereto by the Codes and Standards Committee and the State Fire Marshal, the committee shall compile the proposed changes in, additions to or repeals 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.
7683
77-The Secretary of the State may omit from the regulations of Connecticut state agencies posted on the eRegulations System (1) any regulation of a federal agency or a government agency of another state that is incorporated by reference into a Connecticut regulation, [and] (2) any regulation that is incorporated by reference into a Connecticut regulation and to which a third party holds the intellectual property rights, (3) the State Building Code, (4) the State Fire Prevention Code, and (5) the State Fire Safety Code. The Secretary of the State may post a link on the eRegulations System to an electronic copy of the State Building Code, the State Fire Prevention Code, the State Fire Safety Code and any document incorporated by reference, if available and not prohibited by any state or federal law, rule or regulation. Such link shall not be considered to be a part of the official compilation of the regulations of Connecticut state agencies. Each agency that incorporates a document by reference into a regulation shall maintain a copy of such document readily available for public inspection in the principal office of the agency, except for a regulation of a federal agency or a government agency of another state that is published by or otherwise available in printed or electronic form from such federal or government agency. Copies of the State Building Code, the State Fire Prevention Code and the State Fire Safety Code shall be readily available for public inspection in the principal office of the Department of Administrative Services.
84+(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.
7885
79-Sec. 5. Subsection (a) of section 29-252 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
86+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):
8087
81-(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 and in accordance with the provisions of section 1 of this act, 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 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 includes any code, rule or regulation incorporated therein by reference.
88+(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.
8289
83-Sec. 6. Subsection (a) of section 29-291a of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
90+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):
8491
85-(a) The State Fire Marshal, in coordination with the advisory committee established under subsection (b) of this section and in accordance with the provisions of section 2 of this act, 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] 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.
92+(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.
8693
87-Sec. 7. Subdivision (1) of subsection (a) of section 29-292 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
94+Sec. 8. Section 29-320 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
8895
89-(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 in accordance with the provisions of section 3 of this act. 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 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.
96+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.
9097
91-Sec. 8. Subsection (a) of section 29-254 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
98+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):
9299
93-(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 1 of this act.
100+(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.
94101
95-Sec. 9. Subsection (b) of section 29-256 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
102+Sec. 10. Section 29-331 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
96103
97-(b) Not later than January 1, 2005, the commissioner shall adopt regulations, in accordance with the provisions of [chapter 54] sections 1 and 3 of this act, to implement the provisions of this section.
104+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.
98105
99-Sec. 10. Section 29-256c of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
106+Sec. 11. Section 29-337 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
100107
101-Not later than January 1, 2000, the State Building Inspector and the State Fire Marshal, in conjunction with the Codes and Standards Committee, shall make amendments to the State Building Code and the Fire Safety Code concerning bed and breakfast establishments. Such amendments shall: (1) Be adopted in accordance with the provisions of [chapter 54] sections 1 and 3 of this act; (2) define the term "bed and breakfast"; and (3) be designed to preserve the unique character of such establishments, contain the cost of conversion of a home to such an establishment and support the tourism industry in the state, provided such amendments shall not affect the safe design, use or construction of such establishments.
108+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.
102109
103-Sec. 11. Subsection (c) of section 29-259 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
110+Sec. 12. Section 29-309 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
104111
105-(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 1 of this act.
112+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.
106113
107-Sec. 12. Subsection (c) of section 29-269 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
108114
109-(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 1 of this act.
110115
111-Sec. 13. Section 29-294 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
112116
113-The Fire Safety Code and all amendments to said code shall be [registered with the Secretary of the State and published in accordance with section 4-173,] posted on the Internet web site of the Department of Administrative Services in accordance with section 3 of this act and, in addition, a copy shall be provided to each local fire marshal, fire chief and building inspector, and [such] other governmental officials [as] who request said code.
117+This act shall take effect as follows and shall amend the following sections:
118+Section 1 from passage 29-252
119+Sec. 2 from passage 29-254(a)
120+Sec. 3 from passage 29-259(c)
121+Sec. 4 from passage 29-291a
122+Sec. 5 from passage 29-292
123+Sec. 6 from passage 29-313(d)
124+Sec. 7 from passage 29-317(a)
125+Sec. 8 from passage 29-320
126+Sec. 9 from passage 29-329(a)
127+Sec. 10 from passage 29-331
128+Sec. 11 from passage 29-337
129+Sec. 12 from passage 29-309
114130
115-Sec. 14. Subsection (d) of section 29-313 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
131+This act shall take effect as follows and shall amend the following sections:
116132
117-(d) The Commissioner of Administrative Services shall adopt regulations, in accordance with the provisions of [chapter 54 prescribing] section 2 of 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.
133+Section 1
118134
119-Sec. 15. Subsection (a) of section 29-317 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
135+from passage
120136
121-(a) The Commissioner of Administrative Services shall adopt regulations, in accordance with the provisions of [chapter 54, prescribing] section 2 of 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.
137+29-252
122138
123-Sec. 16. Section 29-320 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
139+Sec. 2
124140
125-The Commissioner of Administrative Services shall adopt and may amend [,] reasonable regulations, in accordance with the provisions of [chapter 54] section 2 of 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.
141+from passage
126142
127-Sec. 17. Section 29-337 of the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
143+29-254(a)
128144
129-The Commissioner of Administrative Services shall adopt reasonable regulations, in accordance with the provisions of [chapter 54] section 2 of 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.
145+Sec. 3
146+
147+from passage
148+
149+29-259(c)
150+
151+Sec. 4
152+
153+from passage
154+
155+29-291a
156+
157+Sec. 5
158+
159+from passage
160+
161+29-292
162+
163+Sec. 6
164+
165+from passage
166+
167+29-313(d)
168+
169+Sec. 7
170+
171+from passage
172+
173+29-317(a)
174+
175+Sec. 8
176+
177+from passage
178+
179+29-320
180+
181+Sec. 9
182+
183+from passage
184+
185+29-329(a)
186+
187+Sec. 10
188+
189+from passage
190+
191+29-331
192+
193+Sec. 11
194+
195+from passage
196+
197+29-337
198+
199+Sec. 12
200+
201+from passage
202+
203+29-309
204+
205+Statement of Legislative Commissioners:
206+
207+In Section 4(e)(1), "Building" was changed to "Fire Prevention" for accuracy.
208+
209+
210+
211+PS Joint Favorable Subst. -LCO
212+
213+PS
214+
215+Joint Favorable Subst. -LCO