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 Section 29-231 of the general statutes is repealed and the 1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