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3 | 3 | | LCO No. 4267 1 of 12 |
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4 | 4 | | |
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5 | 5 | | General Assembly Raised Bill No. 7144 |
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6 | 6 | | January Session, 2019 |
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7 | 7 | | LCO No. 4267 |
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8 | 8 | | |
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9 | 9 | | |
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10 | 10 | | Referred to Committee on PUBLIC SAFETY AND SECURITY |
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12 | 12 | | |
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13 | 13 | | Introduced by: |
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14 | 14 | | (PS) |
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15 | 15 | | |
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16 | 16 | | |
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17 | 17 | | |
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18 | 18 | | |
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19 | 19 | | AN ACT CONCERNING SM ALL HOT WATER HEATERS, CERTAIN |
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20 | 20 | | CERTIFICATION BY STATE AGENCIES AND THE CONNECTICUT |
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21 | 21 | | AIRPORT AUTHORITY, COMMUNICATIONS WITH T HE BUILDING |
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22 | 22 | | INSPECTOR AND STATE FIRE MARSHAL AND REV ISIONS TO |
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23 | 23 | | OTHER STATUTES RELAT ED TO BUILDINGS AND FIRE SAFETY. |
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24 | 24 | | Be it enacted by the Senate and House of Representatives in General |
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25 | 25 | | Assembly convened: |
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26 | 26 | | |
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27 | 27 | | Section 1. Section 29-231 of the general statutes is repealed and the 1 |
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28 | 28 | | following is substituted in lieu thereof (Effective from passage): 2 |
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29 | 29 | | The provisions of this chapter shall not apply to: (1) Boilers under 3 |
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30 | 30 | | federal control; (2) portable boilers used in pumping, heating, 4 |
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31 | 31 | | steaming and drilling in the open field; (3) portable boilers used solely 5 |
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32 | 32 | | for agricultural purposes; (4) steam heating boilers, hot water heaters 6 |
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33 | 33 | | and hot water heating boilers, when used in private homes or 7 |
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34 | 34 | | apartment houses of not more than five families; (5) hot water heaters 8 |
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35 | 35 | | approved by a nationally recognized testing agency that are equipped 9 |
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36 | 36 | | with adequate safety devices including a temperature and pressure 10 |
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37 | 37 | | relief valve, [having a] and (A) (i) have a nominal water capacity of not 11 |
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38 | 38 | | more than one hundred twenty gallons and a heat input of not more 12 |
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39 | 39 | | than two hundred thousand British thermal units per hour, [and] (ii) 13 Raised Bill No. 7144 |
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40 | 40 | | |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LCO No. 4267 2 of 12 |
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44 | 44 | | |
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45 | 45 | | are used solely for hot water supply carrying a pressure of not more 14 |
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46 | 46 | | than one hundred sixty pounds per square inch and operating at 15 |
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47 | 47 | | temperatures of not more than two hundred ten degrees Fahrenheit, 16 |
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48 | 48 | | [provided such heaters] and (iii) are not installed in schools, day care 17 |
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49 | 49 | | centers, public or private hospitals, nursing or boarding homes, 18 |
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50 | 50 | | churches or public buildings, as defined in section 1-1, or (B) have a 19 |
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51 | 51 | | nominal water capacity of not more than ten gallons and a heat input 20 |
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52 | 52 | | of not more than twenty thousand British thermal units per hour in 21 |
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53 | 53 | | any occupancy; (6) antique or model boilers used in public, nonprofit 22 |
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54 | 54 | | engineering or scientific museums and operated for educational, 23 |
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55 | 55 | | historical or exhibition purposes having a shell diameter of less than 24 |
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56 | 56 | | twelve inches and a grate surface area of less than one square foot; and 25 |
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57 | 57 | | (7) public service companies, as defined in section 16-1. 26 |
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58 | 58 | | Sec. 2. Section 29-252a of the general statutes is repealed and the 27 |
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59 | 59 | | following is substituted in lieu thereof (Effective from passage): 28 |
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60 | 60 | | (a) The State Building Code, including any amendment to said code 29 |
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61 | 61 | | adopted by the State Building Inspector and Codes and Standards 30 |
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62 | 62 | | Committee, shall be the building code for all state agencies and the 31 |
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63 | 63 | | Connecticut Airport Authority. 32 |
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64 | 64 | | (b) (1) No state or Connecticut Airport Authority building or 33 |
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65 | 65 | | structure or addition to a state or Connecticut Airport Authority 34 |
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66 | 66 | | building or structure: (A) That exceeds the threshold limits contained 35 |
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67 | 67 | | in section 29-276b and requires an independent structural review 36 |
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68 | 68 | | under said section, or (B) that includes residential occupancies for 37 |
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69 | 69 | | twenty-five or more persons, shall be constructed until an application 38 |
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70 | 70 | | has been filed by (i) the commissioner of an agency authorized to 39 |
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71 | 71 | | contract for the construction of buildings under the provisions of 40 |
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72 | 72 | | section 4b-1 or 4b-51, or (ii) the executive director of the Connecticut 41 |
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73 | 73 | | Airport Authority, with the State Building Inspector and a building 42 |
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74 | 74 | | permit is issued by the State Building Inspector. Two copies of the 43 |
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75 | 75 | | plans and specifications for the building, structure or addition to be 44 |
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76 | 76 | | constructed shall accompany the application. [The commissioner of 45 |
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77 | 77 | | any such agency or the executive director of the Connecticut Airport 46 Raised Bill No. 7144 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | |
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81 | 81 | | LCO No. 4267 3 of 12 |
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82 | 82 | | |
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83 | 83 | | Authority shall certify that such plans and specifications are in 47 |
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84 | 84 | | substantial compliance with the provisions of the State Building Code 48 |
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85 | 85 | | and, where applicable, with the provisions of the Fire Safety Code.] 49 |
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86 | 86 | | The State Building Inspector shall review the plans and specifications 50 |
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87 | 87 | | for the building, structure or addition to be constructed to verify their 51 |
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88 | 88 | | compliance with the requirements of the State Building Code and, not 52 |
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89 | 89 | | later than thirty days after the date of application, shall issue or refuse 53 |
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90 | 90 | | to issue the building permit, in whole or in part. The State Building 54 |
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91 | 91 | | Inspector may request that the State Fire Marshal review such plans to 55 |
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92 | 92 | | verify their compliance with the Fire Safety Code. 56 |
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93 | 93 | | (2) On and after July 1, 1999, the State Building Inspector shall 57 |
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94 | 94 | | assess an education fee on each building permit application. During 58 |
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95 | 95 | | the fiscal year commencing July 1, 1999, the amount of such fee shall be 59 |
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96 | 96 | | sixteen cents per one thousand dollars of construction value as 60 |
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97 | 97 | | declared on the building permit application, and the State Building 61 |
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98 | 98 | | Inspector shall remit such fees, quarterly, to the Department of 62 |
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99 | 99 | | Administrative Services, for deposit in the General Fund. Upon 63 |
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100 | 100 | | deposit in the General Fund, the amount of such fees shall be credited 64 |
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101 | 101 | | to the appropriation to the Department of Administrative Services and 65 |
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102 | 102 | | shall be used for the code training and educational programs 66 |
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103 | 103 | | established pursuant to section 29-251c. On and after July 1, 2000, the 67 |
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104 | 104 | | assessment shall be made in accordance with regulations adopted 68 |
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105 | 105 | | pursuant to subsection (d) of section 29-251c. 69 |
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106 | 106 | | (c) All state agencies authorized to contract for the construction of 70 |
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107 | 107 | | any buildings or the alteration of any existing buildings under the 71 |
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108 | 108 | | provisions of section 4b-1 or 4b-51 or, for any such Connecticut Airport 72 |
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109 | 109 | | Authority building, the Connecticut Airport Authority, shall be 73 |
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110 | 110 | | responsible for substantial compliance with the provisions of the State 74 |
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111 | 111 | | Building Code, the Fire Safety Code and the regulations lawfully 75 |
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112 | 112 | | adopted under said codes for such building or alteration to such 76 |
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113 | 113 | | building, as the case may be. Such agencies and the Connecticut 77 |
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114 | 114 | | Airport Authority shall apply to the State Building Inspector for a 78 |
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115 | 115 | | certificate of occupancy for all buildings or alterations of existing 79 |
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116 | 116 | | buildings for which a building permit is required under subsection (b) 80 Raised Bill No. 7144 |
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117 | 117 | | |
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118 | 118 | | |
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119 | 119 | | |
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120 | 120 | | LCO No. 4267 4 of 12 |
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121 | 121 | | |
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122 | 122 | | of this section [and shall certify compliance with the State Building 81 |
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123 | 123 | | Code, the Fire Safety Code and the regulations lawfully adopted under 82 |
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124 | 124 | | said codes for such building or alteration to such building, as the case 83 |
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125 | 125 | | may be, to the State Building Inspector] prior to occupancy or use of 84 |
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126 | 126 | | the facility. 85 |
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127 | 127 | | (d) (1) No state or Connecticut Airport Authority building or 86 |
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128 | 128 | | structure erected or altered on and after July 1, 1989, for which a 87 |
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129 | 129 | | building permit has been issued pursuant to subsection (b) of this 88 |
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130 | 130 | | section, shall be occupied or used in whole or in part, until a certificate 89 |
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131 | 131 | | of occupancy has been issued by the State Building Inspector, 90 |
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132 | 132 | | certifying that such building or structure substantially conforms to the 91 |
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133 | 133 | | provisions of the State Building Code and the regulations lawfully 92 |
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134 | 134 | | adopted under said code and the State Fire Marshal has verified 93 |
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135 | 135 | | substantial compliance with the Fire Safety Code and the regulations 94 |
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136 | 136 | | lawfully adopted under said code for such building or alteration to 95 |
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137 | 137 | | such building, as the case may be. 96 |
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138 | 138 | | (2) No state or Connecticut Airport Authority building or structure 97 |
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139 | 139 | | erected or altered on and after July 1, 1989, for which a building permit 98 |
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140 | 140 | | has not been issued pursuant to subsection (b) of this section, shall be 99 |
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141 | 141 | | occupied or used in whole or in part, until the commissioner of the 100 |
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142 | 142 | | agency erecting or altering the building or structure or, for any 101 |
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143 | 143 | | Connecticut Airport Authority building or structure, the executive 102 |
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144 | 144 | | director of the Connecticut Airport Authority, certifies to the State 103 |
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145 | 145 | | Building Inspector that the building or structure substantially complies 104 |
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146 | 146 | | with the provisions of the State Building Code, the Fire Safety Code 105 |
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147 | 147 | | and the regulations lawfully adopted under said codes for such 106 |
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148 | 148 | | building or alteration to such building, as the case may be. 107 |
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149 | 149 | | (e) The State Building Inspector or said inspector's designee may 108 |
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150 | 150 | | inspect or cause to be inspected any construction of buildings or 109 |
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151 | 151 | | alteration of existing buildings by state agencies or the Connecticut 110 |
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152 | 152 | | Airport Authority, except that said inspector or designee shall inspect 111 |
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153 | 153 | | or cause an inspection if the building being constructed includes 112 |
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154 | 154 | | residential occupancies for twenty-five or more persons. The State 113 Raised Bill No. 7144 |
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155 | 155 | | |
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156 | 156 | | |
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157 | 157 | | |
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158 | 158 | | LCO No. 4267 5 of 12 |
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159 | 159 | | |
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160 | 160 | | Building Inspector may order any state agency or the Connecticut 114 |
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161 | 161 | | Airport Authority to comply with the State Building Code. The 115 |
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162 | 162 | | commissioner may delegate such powers as the commissioner deems 116 |
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163 | 163 | | expedient for the proper administration of this part and any other 117 |
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164 | 164 | | statute related to the State Building Code to The University of 118 |
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165 | 165 | | Connecticut, provided the commissioner and the president of The 119 |
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166 | 166 | | University of Connecticut enter into a memorandum of understanding 120 |
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167 | 167 | | concerning such delegation of powers in accordance with section 10a-121 |
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168 | 168 | | 109ff. 122 |
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169 | 169 | | [(f) The joint standing committee of the General Assembly having 123 |
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170 | 170 | | cognizance of matters relating to the Department of Administrative 124 |
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171 | 171 | | Services may annually review the implementation date in subsection 125 |
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172 | 172 | | (b) of this section to determine the need, if any, for revision.] 126 |
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173 | 173 | | [(g)] (f) Any person aggrieved by any refusal to issue a building 127 |
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174 | 174 | | permit or certificate of occupancy under the provisions of this section 128 |
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175 | 175 | | or by an order to comply with the State Building Code or the Fire 129 |
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176 | 176 | | Safety Code may appeal, de novo, to the Codes and Standards 130 |
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177 | 177 | | Committee not later than seven days after the issuance of any such 131 |
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178 | 178 | | refusal or order. 132 |
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179 | 179 | | [(h)] (g) State agencies and the Connecticut Airport Authority shall 133 |
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180 | 180 | | be exempt from the permit requirements of section 29-263, as amended 134 |
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181 | 181 | | by this act, and the certificate of occupancy requirement under section 135 |
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182 | 182 | | 29-265, as amended by this act. 136 |
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183 | 183 | | Sec. 3. Section 29-254 of the general statutes is repealed and the 137 |
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184 | 184 | | following is substituted in lieu thereof (Effective from passage): 138 |
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185 | 185 | | (a) Any town, city or borough or any interested person may propose 139 |
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186 | 186 | | amendments to the State Building Code, which proposed amendments 140 |
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187 | 187 | | may be either applicable to all municipalities or, where it is alleged 141 |
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188 | 188 | | and established that conditions exist within a municipality which are 142 |
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189 | 189 | | not generally found within other municipalities, any such amendment 143 |
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190 | 190 | | may be restricted in application to such municipality. Each 144 |
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191 | 191 | | amendment to the State Building Code shall be adopted in accordance 145 Raised Bill No. 7144 |
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192 | 192 | | |
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193 | 193 | | |
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194 | 194 | | |
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195 | 195 | | LCO No. 4267 6 of 12 |
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196 | 196 | | |
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197 | 197 | | with the provisions of section 29-252b. 146 |
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198 | 198 | | (b) The State Building Inspector or his or her designee may grant 147 |
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199 | 199 | | variations or exemptions from, or approve equivalent or alternate 148 |
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200 | 200 | | compliance with, the State Building Code where strict compliance with 149 |
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201 | 201 | | the code would entail practical difficulty or unnecessary hardship, or is 150 |
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202 | 202 | | otherwise adjudged unwarranted, provided the intent of the law shall 151 |
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203 | 203 | | be observed and public welfare and safety be assured. Any application 152 |
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204 | 204 | | for a variation or exemption or equivalent or alternate compliance 153 |
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205 | 205 | | received by a local building official shall be forwarded to the State 154 |
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206 | 206 | | Building Inspector [by first class mail] not later than fifteen business 155 |
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207 | 207 | | days after receipt by such local building official and shall be 156 |
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208 | 208 | | accompanied by a letter from such local building official that shall 157 |
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209 | 209 | | include comments on the merits of the application. Any such 158 |
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210 | 210 | | determination by the State Building Inspector or his or her designee 159 |
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211 | 211 | | shall be in writing. Any person aggrieved by any decision of the State 160 |
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212 | 212 | | Building Inspector or his or her designee may appeal to the Codes and 161 |
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213 | 213 | | Standards Committee not later than thirty days after [mailing of] the 162 |
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214 | 214 | | date of the [decision] decision's issuance. Any person aggrieved by any 163 |
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215 | 215 | | ruling of the Codes and Standards Committee may appeal [to the 164 |
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216 | 216 | | superior court for the judicial district wherein the premises concerned 165 |
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217 | 217 | | are located] in accordance with the provisions of subsection (d) of 166 |
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218 | 218 | | section 29-266, as amended by this act. 167 |
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219 | 219 | | Sec. 4. Section 29-263 of the general statutes is repealed and the 168 |
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220 | 220 | | following is substituted in lieu thereof (Effective from passage): 169 |
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221 | 221 | | (a) Except as provided in subsection [(h)] (g) of section 29-252a, as 170 |
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222 | 222 | | amended by this act, and the State Building Code adopted pursuant to 171 |
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223 | 223 | | subsection (a) of section 29-252, after October 1, 1970, no building or 172 |
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224 | 224 | | structure shall be constructed or altered until an application has been 173 |
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225 | 225 | | filed with the building official and a permit issued. Such permit shall 174 |
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226 | 226 | | be issued or refused, in whole or in part, within thirty days after the 175 |
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227 | 227 | | date of an application. No permit shall be issued except upon 176 |
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228 | 228 | | application of the owner of the premises affected or the owner's 177 |
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229 | 229 | | authorized agent. No permit shall be issued to a contractor who is 178 Raised Bill No. 7144 |
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230 | 230 | | |
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231 | 231 | | |
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232 | 232 | | |
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233 | 233 | | LCO No. 4267 7 of 12 |
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234 | 234 | | |
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235 | 235 | | required to be registered pursuant to chapter 400, for work to be 179 |
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236 | 236 | | performed by such contractor, unless the name, business address and 180 |
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237 | 237 | | Department of Consumer Protection registration number of such 181 |
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238 | 238 | | contractor is clearly marked on the application for the permit, and the 182 |
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239 | 239 | | contractor has presented such contractor's certificate of registration as 183 |
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240 | 240 | | a home improvement contractor. Prior to the issuance of a permit and 184 |
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241 | 241 | | within said thirty-day period, the building official shall review the 185 |
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242 | 242 | | plans of buildings or structures to be constructed or altered, including, 186 |
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243 | 243 | | but not limited to, plans prepared by an architect licensed pursuant to 187 |
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244 | 244 | | chapter 390, a professional engineer licensed pursuant to chapter 391 188 |
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245 | 245 | | or an interior designer registered pursuant to chapter 396a acting 189 |
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246 | 246 | | within the scope of such license or registration, to determine their 190 |
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247 | 247 | | compliance with the requirements of the State Building Code and, 191 |
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248 | 248 | | where applicable, the local fire marshal shall review such plans to 192 |
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249 | 249 | | determine their compliance with the Fire Safety Code and the State 193 |
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250 | 250 | | Fire Prevention Code. Such plans submitted for review shall be in 194 |
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251 | 251 | | substantial compliance with the provisions of the State Building Code 195 |
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252 | 252 | | and, where applicable, with the provisions of the Fire Safety Code and 196 |
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253 | 253 | | the State Fire Prevention Code. 197 |
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254 | 254 | | (b) On and after July 1, 1999, the building official shall assess an 198 |
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255 | 255 | | education fee on each building permit application. During the fiscal 199 |
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256 | 256 | | year commencing July 1, 1999, the amount of such fee shall be sixteen 200 |
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257 | 257 | | cents per one thousand dollars of construction value as declared on the 201 |
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258 | 258 | | building permit application and the building official shall remit such 202 |
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259 | 259 | | fees quarterly to the Department of Administrative Services, for 203 |
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260 | 260 | | deposit in the General Fund. Upon deposit in the General Fund, the 204 |
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261 | 261 | | amount of such fees shall be credited to the appropriation to the 205 |
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262 | 262 | | Department of Administrative Services and shall be used for the code 206 |
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263 | 263 | | training and educational programs established pursuant to section 29-207 |
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264 | 264 | | 251c and the educational programs required in subsections (a) and (b) 208 |
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265 | 265 | | of section 29-262. On and after July 1, 2000, the assessment shall be 209 |
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266 | 266 | | made in accordance with regulations adopted pursuant to subsection 210 |
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267 | 267 | | (d) of section 29-251c. All fees collected pursuant to this subsection 211 |
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268 | 268 | | shall be maintained in a separate account by the local building 212 Raised Bill No. 7144 |
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269 | 269 | | |
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270 | 270 | | |
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271 | 271 | | |
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272 | 272 | | LCO No. 4267 8 of 12 |
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273 | 273 | | |
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274 | 274 | | department. During the fiscal year commencing July 1, 1999, the local 213 |
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275 | 275 | | building department may retain two per cent of such fees for 214 |
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276 | 276 | | administrative costs incurred in collecting such fees and maintaining 215 |
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277 | 277 | | such account. On and after July 1, 2000, the portion of such fees which 216 |
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278 | 278 | | may be retained by a local building department shall be determined in 217 |
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279 | 279 | | accordance with regulations adopted pursuant to subsection (d) of 218 |
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280 | 280 | | section 29-251c. No building official shall assess such education fee on 219 |
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281 | 281 | | a building permit application to repair or replace a concrete 220 |
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282 | 282 | | foundation that has deteriorated due to the presence of pyrrhotite. 221 |
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283 | 283 | | (c) Any municipality may, by ordinance adopted by its legislative 222 |
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284 | 284 | | body, exempt Class I renewable energy source projects from payment 223 |
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285 | 285 | | of building permit fees imposed by the municipality. 224 |
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286 | 286 | | (d) Notwithstanding any municipal charter, home rule ordinance or 225 |
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287 | 287 | | special act, no municipality shall collect an application fee on a 226 |
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288 | 288 | | building permit application to repair or replace a concrete foundation 227 |
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289 | 289 | | that has deteriorated due to the presence of pyrrhotite. 228 |
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290 | 290 | | Sec. 5. Section 29-265 of the general statutes is repealed and the 229 |
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291 | 291 | | following is substituted in lieu thereof (Effective from passage): 230 |
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292 | 292 | | (a) Except as provided in subsection [(h)] (g) of section 29-252a, as 231 |
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293 | 293 | | amended by this act, no building or structure erected or altered in any 232 |
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294 | 294 | | municipality after October 1, 1970, shall be occupied or used, in whole 233 |
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295 | 295 | | or in part, until a certificate of occupancy, as defined in the regulations 234 |
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296 | 296 | | adopted under section 29-252, has been issued by the building official, 235 |
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297 | 297 | | certifying that such building, structure or work performed pursuant to 236 |
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298 | 298 | | the building permit substantially conforms to the provisions of the 237 |
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299 | 299 | | State Building Code and the regulations lawfully adopted under said 238 |
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300 | 300 | | code. Nothing in the code or in this part shall require the removal, 239 |
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301 | 301 | | alteration or abandonment of, or prevent the continuance of the use 240 |
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302 | 302 | | and occupancy of, any single-family dwelling but within six years of 241 |
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303 | 303 | | the date of occupancy of such dwelling after substantial completion of 242 |
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304 | 304 | | construction of, alteration to or addition to such dwelling, or of a 243 |
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305 | 305 | | building lawfully existing on October 1, 1945, except as may be 244 Raised Bill No. 7144 |
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306 | 306 | | |
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307 | 307 | | |
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308 | 308 | | |
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309 | 309 | | LCO No. 4267 9 of 12 |
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310 | 310 | | |
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311 | 311 | | necessary for the safety of life or property. The use of a building or 245 |
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312 | 312 | | premises shall not be deemed to have changed because of a temporary 246 |
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313 | 313 | | vacancy or change of ownership or tenancy. 247 |
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314 | 314 | | (b) No building official shall refuse to issue a certificate of 248 |
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315 | 315 | | occupancy for any single-family dwelling because such dwelling is not 249 |
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316 | 316 | | connected to an electric utility if such dwelling is otherwise in 250 |
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317 | 317 | | conformity with the requirements of this section and applicable local 251 |
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318 | 318 | | health codes and is equipped with an alternative energy system. A 252 |
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319 | 319 | | certificate issued under this section shall contain a statement that an 253 |
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320 | 320 | | alternative energy system is in place. For the purposes of this 254 |
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321 | 321 | | subsection, "alternative energy system" means any system or 255 |
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322 | 322 | | mechanism which uses solar radiation, wind, water, biomass or 256 |
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323 | 323 | | geothermal resources as the primary source for the generation of 257 |
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324 | 324 | | electrical energy. 258 |
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325 | 325 | | (c) Nine years from the date of issuance of a building permit issued 259 |
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326 | 326 | | pursuant to section 29-263, as amended by this act, for construction or 260 |
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327 | 327 | | alteration of a one-family dwelling, two-family dwelling or structure 261 |
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328 | 328 | | located on the same parcel as a one-family dwelling or two-family 262 |
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329 | 329 | | dwelling, for which construction or alteration a certificate of 263 |
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330 | 330 | | occupancy, as defined in the regulations adopted pursuant to section 264 |
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331 | 331 | | 29-252, has not been issued by the building official, such building 265 |
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332 | 332 | | permit shall be deemed closed. Following such nine-year period, no 266 |
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333 | 333 | | enforcement action based upon work commenced or completed 267 |
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334 | 334 | | pursuant to an open building permit shall be commenced. No 268 |
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335 | 335 | | municipality or officer or employee of any such municipality shall be 269 |
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336 | 336 | | liable concerning any claim relating to the closure of a building permit 270 |
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337 | 337 | | pursuant to this section. For the purposes of this section, "structure" 271 |
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338 | 338 | | has the same meaning as in the zoning regulations for the municipality 272 |
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339 | 339 | | in which the building permit was issued, or if undefined by such 273 |
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340 | 340 | | regulations, "structure" means any combination of materials that is 274 |
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341 | 341 | | affixed to the land, including, but not limited to, a shed, garage, sign, 275 |
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342 | 342 | | fence, wall, pool, patio, tennis court or deck. 276 |
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343 | 343 | | Sec. 6. Subsection (d) of section 29-266 of the general statutes is 277 Raised Bill No. 7144 |
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344 | 344 | | |
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345 | 345 | | |
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346 | 346 | | |
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347 | 347 | | LCO No. 4267 10 of 12 |
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348 | 348 | | |
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349 | 349 | | repealed and the following is substituted in lieu thereof (Effective from 278 |
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350 | 350 | | passage): 279 |
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351 | 351 | | (d) Any person aggrieved by any ruling of the Codes and Standards 280 |
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352 | 352 | | Committee may appeal within forty-five days in accordance with the 281 |
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353 | 353 | | provisions of section 4-183 to the superior court for the judicial district 282 |
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354 | 354 | | where such building or structure has been or is being erected. 283 |
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355 | 355 | | Sec. 7. Subsection (b) of section 29-269 of the general statutes is 284 |
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356 | 356 | | repealed and the following is substituted in lieu thereof (Effective from 285 |
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357 | 357 | | passage): 286 |
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358 | 358 | | (b) Any variation of or exemption from any provision of (1) the State 287 |
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359 | 359 | | Building Code relating to accessibility to, and use of, buildings and 288 |
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360 | 360 | | structures by persons with disabilities, (2) subsection (i) of section 14-289 |
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361 | 361 | | 253a, (3) section 29-273, or (4) section 29-274, shall be permitted only 290 |
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362 | 362 | | when approved by the State Building Inspector or his or her designee. 291 |
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363 | 363 | | Any person, agent of the state, municipality or any other political 292 |
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364 | 364 | | subdivision of the state may apply to the State Building Inspector to 293 |
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365 | 365 | | vary or set aside standards incorporated in the State Building Code 294 |
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366 | 366 | | pursuant to the provisions of subsection (a) of this section. The State 295 |
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367 | 367 | | Building Inspector or his or her designee shall, within thirty days of 296 |
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368 | 368 | | receipt, review the application, and render a decision to accept or reject 297 |
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369 | 369 | | the application in whole or in part. The State Building Inspector or his 298 |
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370 | 370 | | or her designee may approve a variation of or exemption from any 299 |
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371 | 371 | | such standard or specification when the State Building Inspector or his 300 |
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372 | 372 | | or her designee determines that the standard or specification would 301 |
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373 | 373 | | not be feasible or would unreasonably complicate the construction, 302 |
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374 | 374 | | alteration or repair in question. Such determination shall be in writing, 303 |
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375 | 375 | | shall state the reasons therefor and if it sets aside any such standard or 304 |
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376 | 376 | | specification, a copy of such determination shall be published 305 |
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377 | 377 | | electronically by the State Building Inspector on the Internet web site 306 |
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378 | 378 | | of the Department of Administrative Services. Any person aggrieved 307 |
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379 | 379 | | by any such decision may appeal to the Codes and Standards 308 |
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380 | 380 | | Committee within thirty days after such decision has been rendered. 309 Raised Bill No. 7144 |
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381 | 381 | | |
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382 | 382 | | |
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383 | 383 | | |
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384 | 384 | | LCO No. 4267 11 of 12 |
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385 | 385 | | |
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386 | 386 | | Sec. 8. Section 29-291b of the general statutes is repealed and the 310 |
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387 | 387 | | following is substituted in lieu thereof (Effective from passage): 311 |
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388 | 388 | | The State Fire Marshal may grant variations or exemptions from, or 312 |
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389 | 389 | | approve equivalent or alternate compliance with, particular provisions 313 |
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390 | 390 | | of the State Fire Prevention Code where strict compliance with such 314 |
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391 | 391 | | provisions would entail practical difficulty or unnecessary hardship, or 315 |
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392 | 392 | | is otherwise adjudged unwarranted, provided any such variation or 316 |
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393 | 393 | | exemption or approved equivalent or alternate compliance shall, in the 317 |
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394 | 394 | | opinion of the State Fire Marshal, secure the public safety. Any 318 |
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395 | 395 | | application for a variation or exemption or equivalent or alternate 319 |
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396 | 396 | | compliance received by a local fire marshal shall be forwarded to the 320 |
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397 | 397 | | State Fire Marshal [by first class mail] not later than fifteen business 321 |
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398 | 398 | | days after the receipt of such application by the local fire marshal and 322 |
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399 | 399 | | accompanied by a letter containing the local fire marshal's comments 323 |
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400 | 400 | | on the merits of the application. 324 |
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401 | 401 | | Sec. 9. Section 29-296 of the general statutes is repealed and the 325 |
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402 | 402 | | following is substituted in lieu thereof (Effective from passage): 326 |
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403 | 403 | | The State Fire Marshal may grant variations or exemptions from, or 327 |
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404 | 404 | | approve equivalent or alternate compliance with, particular provisions 328 |
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405 | 405 | | of any regulation issued under the provisions of section 29-292 where 329 |
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406 | 406 | | strict compliance with such provisions would entail practical difficulty 330 |
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407 | 407 | | or unnecessary hardship, or is otherwise adjudged unwarranted, 331 |
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408 | 408 | | provided any such variation or exemption or approved equivalent or 332 |
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409 | 409 | | alternate compliance shall, in the opinion of the State Fire Marshal, 333 |
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410 | 410 | | secure the public safety. Any application for a variation or exemption 334 |
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411 | 411 | | or equivalent or alternate compliance received by a local fire marshal 335 |
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412 | 412 | | shall be forwarded to the State Fire Marshal [by first class mail] within 336 |
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413 | 413 | | fifteen business days of receipt by such local fire marshal and shall be 337 |
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414 | 414 | | accompanied by a letter from such local fire marshal that shall include 338 |
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415 | 415 | | comments on the merits of the application. 339 |
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416 | 416 | | Sec. 10. Sections 29-258 and 29-307 of the general statutes are 340 |
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417 | 417 | | repealed. (Effective from passage) 341 Raised Bill No. 7144 |
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418 | 418 | | |
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419 | 419 | | |
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420 | 420 | | |
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421 | 421 | | LCO No. 4267 12 of 12 |
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422 | 422 | | |
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423 | 423 | | This act shall take effect as follows and shall amend the following |
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424 | 424 | | sections: |
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425 | 425 | | |
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426 | 426 | | Section 1 from passage 29-231 |
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427 | 427 | | Sec. 2 from passage 29-252a |
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428 | 428 | | Sec. 3 from passage 29-254 |
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429 | 429 | | Sec. 4 from passage 29-263 |
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430 | 430 | | Sec. 5 from passage 29-265 |
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431 | 431 | | Sec. 6 from passage 29-266(d) |
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432 | 432 | | Sec. 7 from passage 29-269(b) |
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433 | 433 | | Sec. 8 from passage 29-291b |
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434 | 434 | | Sec. 9 from passage 29-296 |
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435 | 435 | | Sec. 10 from passage Repealer section |
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436 | 436 | | |
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437 | 437 | | Statement of Purpose: |
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438 | 438 | | To (1) add an exemption concerning small water heaters from the |
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439 | 439 | | provisions of chapter 540 of the general statutes, (2) delete the |
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440 | 440 | | requirement that state agencies and the Connecticut Airport Authority |
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441 | 441 | | certify that plans and projects comply with the State Building Code |
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442 | 442 | | and Fire Safety Code, (3) eliminate the legislature's ability to revise the |
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443 | 443 | | implementation date for state and Connecticut Airport Authority |
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444 | 444 | | buildings, (4) authorize the State Building Inspector's designee to grant |
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445 | 445 | | certain variations and exemptions, (5) eliminate the requirement that |
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446 | 446 | | certain applications be mailed to the State Building Inspector and State |
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447 | 447 | | Fire Marshal, (6) require plans of buildings or structures to be |
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448 | 448 | | constructed to comply with the State Fire Prevention Code, (7) repeal |
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449 | 449 | | the requirement that the Commissioner of Administrative Services |
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450 | 450 | | conduct a certain educational program, and (8) repeal the statutory |
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451 | 451 | | authority of a local fire marshal to order the removal of fire hazards |
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452 | 452 | | from manufacturing establishments. |
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453 | 453 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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454 | 454 | | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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455 | 455 | | not underlined.] |
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456 | 456 | | |
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