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General Assembly Raised Bill No. 7299
January Session, 2019
LCO No. 5391
Referred to Committee on GENERAL LAW
Introduced by:
(GL)
AN ACT MAKING CHANGE S TO DEPARTMENT OF CONSUM ER
PROTECTION ENFORCEME NT STATUTES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 51-164n of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective 2
October 1, 2019): 3
(b) Notwithstanding any provision of the general statutes, any 4
person who is alleged to have committed (1) a violation under the 5
provisions of section 1-9, 1-10, 1-11, 4b-13, 7-13, 7-14, 7-35, 7-41, 7-83, 7-6
283, 7-325, 7-393, 8-12, 8-25, 8-27, 9-63, 9-322, 9-350, 10-193, 10-197, 10-7
198, 10-230, 10-251, 10-254, 12-52, 12-170aa, 12-292, 12-314b or 12-326g, 8
subdivision (4) of section 12-408, subdivision (3), (5) or (6) of section 9
12-411, section 12-435c, 12-476a, 12-476b, 12-487, 13a-71, 13a-107, 13a-10
113, 13a-114, 13a-115, 13a-117b, 13a-123, 13a-124, 13a-139, 13a-140, 13a-11
143b, 13a-247 or 13a-253, subsection (f) of section 13b-42, section 13b-12
90, 13b-221, 13b-292, 13b-336, 13b-337, 13b-338, 13b-410a, 13b-410b or 13
13b-410c, subsection (a), (b) or (c) of section 13b-412, section 13b-414, 14
subsection (d) of section 14-12, section 14-20a or 14-27a, subsection (e) 15 Raised Bill No. 7299
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of section 14-34a, subsection (d) of section 14-35, section 14-43, 14-49, 16
14-50a or 14-58, subsection (b) of section 14-66, section 14-66a or 14-17
67a, subsection (g) of section 14-80, subsection (f) of section 14-80h, 18
section 14-97a, 14-100b, 14-103a, 14-106a, 14-106c, 14-146, 14-152, 14-19
153 or 14-163b, a first violation as specified in subsection (f) of section 20
14-164i, section 14-219 as specified in subsection (e) of said section, 21
subdivision (1) of section 14-223a, section 14-240, 14-250 or 14-253a, 22
subsection (a) of section 14-261a, section 14-262, 14-264, 14-267a, 14-23
269, 14-270, 14-275a, 14-278 or 14-279, subsection (e) or (h) of section 24
14-283, section 14-291, 14-293b, 14-296aa, 14-300, 14-300d, 14-319, as 25
amended by this act, 14-320, 14-321, 14-325a, 14-326, 14-330 or 14-332a, 26
subdivision (1), (2) or (3) of section 14-386a, section 15-25 or 15-33, 27
subdivision (1) of section 15-97, subsection (a) of section 15-115, section 28
16-44, 16-256e, 16a-15 or 16a-22, subsection (a) or (b) of section 16a-22h, 29
section 17a-24, 17a-145, 17a-149, 17a-152, 17a-465, 17b-124, 17b-131, 30
17b-137, 19a-30, 19a-33, 19a-39 or 19a-87, subsection (b) of section 19a-31
87a, section 19a-91, 19a-105, 19a-107, 19a-113, 19a-215, 19a-219, 19a-222, 32
19a-224, 19a-286, 19a-287, 19a-297, 19a-301, 19a-309, 19a-335, 19a-336, 33
19a-338, 19a-339, 19a-340, 19a-425, 19a-502, 20-7a, 20-14, 20-158, 20-231, 34
20-249, 20-257, 20-265, 20-324e, 20-341l, subsection (b) of section 20-334, 35
as amended by this act, 20-366, 20-597, 20-608, 20-610, 21-1, 21-38, 21-36
39, 21-43, 21-47, 21-48, 21-63 or 21-76a, subsection (c) of section 21a-2, 37
subdivision (1) of section 21a-19, section 21a-21, subdivision (1) of 38
subsection (b) of section 21a-25, section 21a-26 or 21a-30, subsection (a) 39
of section 21a-37, section 21a-46, 21a-61, 21a-63 or 21a-77, subsection 40
(b) of section 21a-79, section 21a-85 or 21a-154, subdivision (1) of 41
subsection (a) of section 21a-159, as amended by this act, subsection (a) 42
of section 21a-279a, section 22-12b, 22-13, 22-14, 22-15, 22-16, 22-26g, 43
22-29, 22-34, 22-35, 22-36, 22-38, 22-39, 22-39a, 22-39b, 22-39c, 22-39d, 44
22-39e, 22-49 or 22-54, subsection (d) of section 22-84, section 22-89, 22-45
90, 22-98, 22-99, 22-100, 22-111o, 22-167, 22-279, 22-280a, 22-318a, 22-46
320h, 22-324a, 22-326 or 22-342, subsection (b), (e) or (f) of section 22-47
344, section 22-359, 22-366, 22-391, 22-413, 22-414, 22-415, 22a-66a or 48
22a-246, subsection (a) of section 22a-250, subsection (e) of section 22a-49
256h, section 22a-363 or 22a-381d, subsections (c) and (d) of section 50 Raised Bill No. 7299
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22a-381e, section 22a-449, 22a-461, 23-37, 23-38, 23-46 or 23-61b, 51
subsection (a) or subdivision (1) of subsection (c) of section 23-65, 52
section 25-37 or 25-40, subsection (a) of section 25-43, section 25-43d, 53
25-135, 26-18, 26-19, 26-21, 26-31, 26-40, 26-40a, 26-42, 26-49, 26-54, 26-54
55, 26-56, 26-58 or 26-59, subdivision (1) of subsection (d) of section 26-55
61, section 26-64, subdivision (1) of section 26-76, section 26-79, 26-87, 56
26-89, 26-91, 26-94, 26-97, 26-98, 26-104, 26-105, 26-107, 26-117, 26-128, 57
26-131, 26-132, 26-138 or 26-141, subdivision (1) of section 26-186, 58
section 26-207, 26-215, 26-217 or 26-224a, subdivision (1) of section 26-59
226, section 26-227, 26-230, 26-232, 26-244, 26-257a, 26-260, 26-276, 26-60
284, 26-285, 26-286, 26-288, 26-294, 28-13, 29-6a, 29-25, 29-143o, 29-143z 61
or 29-156a, subsection (b), (d), (e) or (g) of section 29-161q, section 29-62
161y or 29-161z, subdivision (1) of section 29-198, section 29-210, 29-243 63
or 29-277, subsection (c) of section 29-291c, section 29-316, 29-318, 29-64
381, 30-48a, 30-86a, 31-3, 31-10, 31-11, 31-12, 31-13, 31-14, 31-15, 31-16, 65
31-18, 31-23, 31-24, 31-25, 31-32, 31-36, 31-38, 31-40, 31-44, 31-47, 31-48, 66
31-51, 31-52, 31-52a or 31-54, subsection (a) or (c) of section 31-69, 67
section 31-70, 31-74, 31-75, 31-76, 31-76a, 31-89b or 31-134, subsection 68
(i) of section 31-273, section 31-288, subdivision (1) of section 35-20, 69
section 36a-787, 42-230, 45a-283, 45a-450, 45a-634 or 45a-658, 70
subdivision (13) or (14) of section 46a-54, section 46a-59, 46b-22, 46b-24, 71
46b-34, 47-34a, 47-47, 49-8a, 49-16, 53-133, 53-199, 53-212a, 53-249a, 53-72
252, 53-264, 53-280, 53-302a, 53-303e, 53-311a, 53-321, 53-322, 53-323, 53-73
331 or 53-344, subsection (c) of section 53-344b, or section 53-450, or (2) 74
a violation under the provisions of chapter 268, or (3) a violation of any 75
regulation adopted in accordance with the provisions of section 12-484, 76
12-487 or 13b-410, or (4) a violation of any ordinance, regulation or 77
bylaw of any town, city or borough, except violations of building codes 78
and the health code, for which the penalty exceeds ninety dollars but 79
does not exceed two hundred fifty dollars, unless such town, city or 80
borough has established a payment and hearing procedure for such 81
violation pursuant to section 7-152c, shall follow the procedures set 82
forth in this section. 83
Sec. 2. Subsection (b) of section 20-334 of the general statutes is 84 Raised Bill No. 7299
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repealed and the following is substituted in lieu thereof (Effective 85
October 1, 2019): 86
(b) The Department of Consumer Protection shall furnish to each 87
qualified applicant a license certifying that the holder thereof is 88
entitled to engage in the work or occupation for which the person has 89
been issued a license under this chapter, and the holder of such license 90
shall carry it on his person while engaging in such work or occupation. 91
Such license shall be shown to any properly interested person on 92
request. No such license shall be transferred to or used by any person 93
other than the person to whom the license was issued. Contractors 94
[shall] that fail to display their state license number on all commercial 95
vehicles used in their business and [shall display such number] in a 96
conspicuous manner on all printed advertisements, bid proposals, 97
contracts, invoices and on all stationery used in their business may be 98
fined not more than five hundred dollars per violation. The 99
department shall keep a register in which shall be entered the names of 100
all persons to whom such licenses are issued. The register shall be at all 101
times open to public inspection. 102
Sec. 3. Section 14-318 of the general statutes is repealed and the 103
following is substituted in lieu thereof (Effective January 1, 2020): 104
Terms used in this chapter shall be construed as follows, unless 105
another construction is clearly apparent from the language or context 106
in which the term is used or unless the construction is inconsistent 107
with the manifest intention of the General Assembly: 108
(1) The following terms shall be construed as they are defined in 109
section 14-1: "Fuels", "motor vehicle" and "person"; 110
(2) "Commissioner" means the Commissioner of Consumer 111
Protection or any assistant to the Commissioner of Consumer 112
Protection who is designated and authorized by, and who is acting for, 113
the Commissioner of Consumer Protection; 114
(3) "Distributor" means any person, wherever resident or located, 115 Raised Bill No. 7299
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who imports fuels or causes fuels to be imported into this state, for sale 116
or use; a person who produces, refines, manufactures or compounds 117
fuels within this state; and a person who distributes gasoline by tank 118
wagon in this state; 119
(4) "Local authority" means the selectmen or town manager of a 120
town, the mayor of a city or the warden of a borough or other board or 121
authority designated by local charter, regulation or ordinance, except 122
in any town or city having a zoning commission and a board of 123
appeals, "local authority" means the board of appeals; 124
(5) "United States Government Motor Gasoline" means gasoline 125
which is or may be prescribed by the federal specification board of the 126
United States government for use as fuel for motor vehicle, motor boat 127
and similar engines; 128
(6) "United States Aviation Gasoline, Domestic Grade" means that 129
gasoline which is or may be prescribed by the federal specification 130
board of the United States government for use as aviation fuel; [and] 131
(7) "Retail dealer" means any person operating a service station, 132
filling station, store, garage or other place of business for the sale of 133
motor fuel for delivery into the service tank or tanks of any vehicle 134
propelled by an internal combustion engine; and [.] 135
(8) "On-demand mobile fueling" means the delivery of gasoline 136
directly from a mobile tank truck to the fuel tank of a motor vehicle. 137
Sec. 4. Subsection (a) of section 14-319 of the general statutes is 138
repealed and the following is substituted in lieu thereof (Effective 139
January 1, 2020): 140
(a) No person shall sell or offer for sale any gasoline or other 141
product intended for use in the propelling of motor vehicles using 142
combustion type engines over the highways of this state without 143
having applied for and received from the commissioner a license to sell 144
such gasoline or other product. Each person applying for any such 145 Raised Bill No. 7299
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license shall, in such application, state the location of each place or 146
station where such person intends to sell or offer for sale any such 147
gasoline or other product, or, if an on-demand mobile fueling 148
operation is seeking licensure, state the business location and service 149
area of such operation. Each such license shall be renewed annually. A 150
license fee for each such place or station shall be charged as follows: 151
For each station at a fixed location containing one pump, one hundred 152
dollars; and, for each station containing more than one pump, one 153
hundred dollars, plus twenty-eight dollars for each pump in excess of 154
one, and for each on-demand mobile fueling operation, five hundred 155
dollars for the first mobile tank truck and one hundred dollars for each 156
additional mobile tank truck. The fees shall be paid to the 157
commissioner. 158
Sec. 5. Section 21a-152 of the general statutes is repealed and the 159
following is substituted in lieu thereof (Effective October 1, 2019): 160
(a) Each bakery, food warehouse and food manufacturing 161
establishment shall be designed, constructed and operated as the 162
Commissioner of Consumer Protection directs pursuant to sections 163
21a-151 to [21a-159] 21a-160, inclusive, as amended by this act, and 164
chapter 418. 165
(b) No person, firm or corporation shall operate a bakery, food 166
warehouse or food manufacturing establishment with the intent of 167
producing or storing products for human consumption without having 168
obtained from said commissioner a license. Application for such 169
license shall be made on forms, furnished by the commissioner, 170
showing the name and address of such bakery, food warehouse or 171
food manufacturing establishment. Bakeries shall show the number of 172
persons engaged in the production of bread and pastry products, 173
excluding porters, dishwashers, drivers, sales personnel and other 174
employees not directly engaged in such production. The commissioner 175
shall cause an inspection to be made of the premises described in the 176
application and, if conditions are found satisfactory, such license shall 177
be issued. No person, firm or corporation operating a bakery, food 178 Raised Bill No. 7299
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warehouse or any agent, servant or employee thereof, shall refuse, 179
hinder or otherwise interfere with access by the commissioner or his 180
authorized representative for the purpose of conducting an inspection. 181
No person, firm or corporation shall (1) sell or distribute bread, cakes, 182
doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni or 183
other food products, including frozen or canned baked goods made in 184
whole or in part of flour or meal produced in any bakery located 185
within or beyond the boundaries of this state, [or shall] (2) sell or 186
distribute food produced in a food manufacturing establishment 187
located within the boundaries of this state, or (3) store any food for 188
wholesale distribution in a food warehouse, unless such bakery or 189
food manufacturing establishment has obtained a license from said 190
commissioner. Facilities licensed pursuant to chapter 417 as food 191
vendors and frozen dessert vendors, and all facilities licensed pursuant 192
to chapters 419a and 430 shall be exempt from such licensing 193
requirement. The commissioner may promulgate regulations excepting 194
out-of-state manufacturers of products, commonly known as cookies, 195
crackers, brown bread or plum puddings in hermetically sealed 196
containers and other similar products, from the license provisions of 197
this section. Such license shall be valid for one year and a fee therefor 198
shall be collected as follows: From a person, firm or corporation 199
owning or conducting a bakery in which there are four persons or 200
fewer engaged in the production of bread and pastry products, twenty 201
dollars; in which there are not fewer than five nor more than nine 202
persons so engaged, forty dollars; in which there are not fewer than ten 203
nor more than twenty-four persons so engaged, one hundred dollars; 204
in which there are not fewer than twenty-five nor more than ninety-205
nine persons so engaged, two hundred dollars; in which there are 206
more than one hundred persons so engaged, two hundred fifty dollars. 207
The fee for a food manufacturer license shall be twenty dollars 208
annually. 209
(c) A bakery, food warehouse or food manufacturer license may be 210
revoked by said commissioner for violation of sections 21a-151 to [21a-211
159] 21a-160, inclusive, as amended by this act, after a hearing 212 Raised Bill No. 7299
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conducted in accordance with chapter 54. In addition, a bakery or food 213
manufacturer license may be summarily suspended pending a hearing 214
if said commissioner has reason to believe that the public health, safety 215
or welfare imperatively requires emergency action. Within ten days 216
following the suspension order said commissioner shall cause to be 217
held a hearing which shall be conducted in accordance with the 218
provisions of said chapter 54. Following said hearing said 219
commissioner shall dissolve such suspension or order revocation of the 220
bakery, food warehouse or food manufacturer license. Any person, 221
firm or corporation whose license has been revoked may make 222
application for a new license and said commissioner shall act on such 223
application within thirty days of receipt. The costs of any inspections 224
necessary to determine whether or not an applicant, whose license has 225
been revoked, is entitled to have a new license granted shall be borne 226
by the applicant at such rates as the commissioner may determine. 227
Said commissioner may refuse to grant any bakery, food warehouse or 228
food manufacturer license if he or she finds that the applicant has 229
evidenced a pattern of noncompliance with the provisions of sections 230
21a-151 to [21a-159] 21a-160, inclusive, as amended by this act. Prima 231
facie evidence of a pattern of noncompliance shall be established if said 232
commissioner shows that the applicant has had two or more bakery, 233
food warehouse or food manufacturer licenses revoked. 234
(d) All vehicles used in the transportation of bakery or food 235
warehouse products shall be kept in a sanitary condition and shall 236
have the name and address of the bakery, or food warehouse owner, 237
operator or distributor legibly printed on both sides. Each 238
compartment in which unwrapped bakery or food warehouse 239
products are transported shall be enclosed in a manner approved by 240
the commissioner. 241
(e) The provisions of this section shall not prevent local health 242
authorities from enforcing orders or regulations concerning the 243
sanitary condition of bakeries. [or food manufacturing establishments.] 244
(f) Any person who desires to obtain a license under the provisions 245 Raised Bill No. 7299
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of sections 21a-151 to [21a-159] 21a-160, inclusive, as amended by this 246
act, shall first obtain and present to the commissioner a certificate of 247
approval of the location for which such license is desired. The 248
certificate of approval shall be obtained from the zoning commission, 249
planning and zoning commission or local authority of the town, city or 250
borough in which the facility is located or is proposed to be located. A 251
certificate of approval shall not be required in the case of the transfer 252
of the last issued license from one person to another or in the case of a 253
renewal of a license by the holder of the license. The commissioner 254
shall not issue any license under the provisions of sections 21a-151 to 255
[21a-159] 21a-160, inclusive, as amended by this act, for which a 256
certificate of approval is required until such certificate of approval is 257
obtained by the license applicant. 258
Sec. 6. Section 21a-156 of the general statutes is repealed and the 259
following is substituted in lieu thereof (Effective October 1, 2019): 260
The commissioner shall, from time to time, after inquiry and public 261
hearing, adopt and promulgate regulations to supplement and give 262
full effect to the provisions of sections 21a-151 to [21a-159] 21a-160, 263
inclusive, as amended by this act. Such regulations, among other 264
things, may establish sanitary requirements pertaining to the 265
manufacture and distribution of bread and pastry products. Such 266
regulations may also cover provisions restricting the sale of dangerous, 267
harmful and unwholesome bread and pastry products, the labeling of 268
bread and pastry products, the inspection of bakeries and the 269
establishment of costs for special inspections. The commissioner shall 270
annually review the amounts of bakery and food warehouse license 271
fees referred to in subsection (b) of section 21a-152 and shall increase 272
such fees in order to reflect the costs to the department of carrying out 273
the provisions of sections 21a-151 to [21a-159] 21a-160, inclusive, as 274
amended by this act. 275
Sec. 7. Section 21a-157 of the general statutes is repealed and the 276
following is substituted in lieu thereof (Effective October 1, 2019): 277 Raised Bill No. 7299
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No employer shall knowingly permit to work in his or her bakery, 278
food warehouse or food manufacturing establishment any person who 279
is affected with any pathogen that is contained in the Centers for 280
Disease Control and Prevention's "List of Infectious and 281
Communicable Diseases which are Transmitted Through the Food 282
Supply", as amended from time to time, except in those cases in which 283
the director of health has given written authorization stating that the 284
public health is not endangered, and each employer shall maintain 285
himself or herself and his or her employees in a clean and sanitary 286
condition, with clean, washable outer clothing, while engaged in the 287
manufacture, handling or sale of food products. The commissioner or 288
his or her authorized agents may order any person employed in a 289
bakery, food warehouse or food manufacturing establishment to be 290
examined by a licensed physician if he or she has reason to believe that 291
such employee has a condition that may transmit a food-borne illness. 292
No person shall be allowed to smoke in a bakery, food warehouse or 293
food manufacturing establishment while in the performance of his or 294
her duty. 295
Sec. 8. Section 21a-158 of the general statutes is repealed and the 296
following is substituted in lieu thereof (Effective October 1, 2019): 297
The owner, agent or lessee of any property used as a bakery, food 298
warehouse or food manufacturing establishment shall, within thirty 299
days after the service of notice upon him or her of an order issued by 300
the Commissioner of Consumer Protection, comply therewith or cease 301
to use or allow the use of such premises as a bakery, food warehouse 302
or food manufacturing establishment. Such notice shall be in writing 303
and may be served upon such owner, agent or lessee, either personally 304
or by mail, and a notice by registered or certified letter, mailed to the 305
last-known address of such owner, agent or lessee, shall be sufficient 306
service. 307
Sec. 9. Section 21a-159 of the general statutes is repealed and the 308
following is substituted in lieu thereof (Effective October 1, 2019): 309 Raised Bill No. 7299
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(a) Any person who violates any provision of sections 21a-151 to 310
[21a-159] 21a-160, inclusive, as amended by this act, or any regulation 311
made thereunder, or fails to comply with an order of the 312
Commissioner of Consumer Protection, shall (1) for a first offense, be 313
fined not more than two hundred fifty dollars, and (2) for any 314
subsequent offense, be guilty of a class D misdemeanor. 315
(b) The commissioner may apply to the Superior Court for and such 316
court may, upon hearing and for cause shown, grant a temporary or 317
permanent injunction enjoining any person from operating a bakery, 318
food warehouse or food manufacturing establishment without a 319
license issued in accordance with sections 21a-151 to [21a-159] 21a-160, 320
inclusive, as amended by this act, irrespective of whether or not there 321
exists an adequate remedy at law. The commissioner also may apply to 322
the Superior Court for, and such court shall have jurisdiction to grant, 323
a temporary restraining order pending a hearing. Such application for 324
injunctive or other appropriate relief shall be brought by the Attorney 325
General. 326
(c) The Commissioner of Consumer Protection, after providing 327
notice and conducting a hearing in accordance with the provisions of 328
chapter 54, may issue a warning citation or impose a civil penalty of 329
not more than one hundred dollars for the first offense and not more 330
than five hundred dollars for each subsequent offense on any person 331
who violates any provision of sections 21a-151 to [21a-159] 21a-160, 332
inclusive, as amended by this act, or any regulation adopted pursuant 333
to section 21a-156, as amended by this act. 334
Sec. 10. Section 21a-160 of the general statutes is repealed and the 335
following is substituted in lieu thereof (Effective October 1, 2019): 336
No person, firm or corporation shall operate a food warehouse 337
without having obtained a [certificate of registration] license from the 338
Commissioner of Consumer Protection. Application for a [certificate of 339
registration] license shall be on forms prescribed by the commissioner. 340
The commissioner shall issue a [certificate of registration] license to an 341 Raised Bill No. 7299
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applicant who has completed such forms to the satisfaction of the 342
commissioner and has paid the [registration] license fee. A [certificate 343
of registration] license shall be valid for one year and the fee for such 344
[certificate of registration] license shall be twenty dollars. 345
Sec. 11. Section 20-330 of the general statutes is repealed and the 346
following is substituted in lieu thereof (Effective October 1, 2019): 347
As used in this chapter: 348
(1) "Contractor" means any person regularly offering to the general 349
public services of such person or such person's employees in the field 350
of electrical work, plumbing and piping work, solar work, heating, 351
piping, cooling and sheet metal work, fire protection sprinkler systems 352
work, elevator installation, repair and maintenance work, irrigation 353
work, automotive glass work or flat glass work, as defined in this 354
section; 355
(2) "Electrical work" means the installation, erection, maintenance, 356
inspection, testing, alteration or repair of any wire, cable, conduit, 357
busway, raceway, support, insulator, conductor, appliance, apparatus, 358
fixture or equipment that generates, transforms, transmits or uses 359
electrical energy for light, heat, power or other purposes, but does not 360
include low voltage wiring, not exceeding twenty-four volts, used 361
within a lawn sprinkler system; 362
(3) "Plumbing and piping work" means the installation, repair, 363
replacement, alteration, [or] maintenance, inspection or testing of gas, 364
water and associated fixtures, tubing and piping mains and branch 365
lines up to and including the closest valve to a machine or equipment 366
used in the manufacturing process, laboratory equipment, sanitary 367
equipment, other than subsurface sewage disposal systems, fire 368
prevention apparatus, all water systems for human usage, sewage 369
treatment facilities and all associated fittings within a building and 370
includes lateral storm and sanitary lines from buildings to the mains, 371
process piping, swimming pools and pumping equipment, and 372
includes making connections to back flow prevention devices, and 373 Raised Bill No. 7299
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includes low voltage wiring, not exceeding twenty-four volts, used 374
within a lawn sprinkler system, but does not include (A) solar thermal 375
work performed pursuant to a certificate held as provided in section 376
20-334g, except for the repair of those portions of a solar hot water 377
heating system that include the basic domestic hot water tank and the 378
tie-in to the potable water system, (B) the installation, repair, 379
replacement, alteration, [or] maintenance, inspection or testing of fire 380
prevention apparatus within a structure, except for standpipes that are 381
not connected to sprinkler systems, (C) medical gas and vacuum 382
systems work, and (D) millwright work. For the purposes of this 383
subdivision, "process piping" means piping or tubing that conveys 384
liquid or gas that is used directly in the production of a chemical or a 385
product for human consumption; 386
(4) "Solar thermal work" means the installation, erection, repair, 387
replacement, alteration, [or] maintenance, inspection or testing of 388
active, passive and hybrid solar systems that directly convert ambient 389
energy into heat or convey, store or distribute such ambient energy; 390
(5) "Heating, piping and cooling work" means (A) the installation, 391
repair, replacement, maintenance, inspection, testing or alteration of 392
any apparatus for piping, appliances, devices or accessories for heating 393
systems, including sheet metal work, (B) the installation, repair, 394
replacement, maintenance, inspection, testing or alteration of air 395
conditioning and refrigeration systems, boilers, including apparatus 396
and piping for the generation or conveyance of steam and associated 397
pumping equipment and process piping and the installation of tubing 398
and piping mains and branch lines up to and including the closest 399
valve to a machine or equipment used in the manufacturing process [,] 400
and onsite testing and balancing of hydronic, steam and combustion 401
air, but excluding millwright work, and (C) on-site operation, by 402
manipulating, adjusting or controlling, with sufficient technical 403
knowledge, as determined by the commissioner, (i) heating systems 404
with a steam or water boiler maximum operating pressure of fifteen 405
pounds per square inch gauge or greater, or (ii) air conditioning or 406
refrigeration systems with an aggregate of more than fifty horsepower 407 Raised Bill No. 7299
LCO No. 5391 14 of 19
or kilowatt equivalency of fifty horsepower or of two hundred pounds 408
of refrigerant. Heating, piping and cooling work does not include solar 409
thermal work performed pursuant to a certificate held as provided in 410
section 20-334g, or medical gas and vacuum systems work or the 411
passive monitoring of heating, air conditioning or refrigeration 412
systems. For the purposes of this subdivision, "process piping" means 413
piping or tubing that conveys liquid or gas that is used directly in the 414
production of a chemical or a product for human consumption; 415
(6) "Apprentice" means any person registered with the Labor 416
Department for the purpose of learning a skilled trade; 417
(7) "Elevator installation, repair and maintenance work" means the 418
installation, erection, maintenance, inspection, testing and repair of all 419
types of elevators, dumb waiters, escalators, and moving walks and all 420
mechanical equipment, fittings, associated piping and wiring from a 421
source of supply brought to the equipment room by an unlimited 422
electrical contractor for all types of machines used to hoist or convey 423
persons or materials, but does not include temporary hoisting 424
machines used for hoisting materials in connection with any 425
construction job or project; 426
(8) "Elevator maintenance" means the lubrication, inspection, testing 427
and replacement of controls, hoistway and car parts; 428
(9) "Fire protection sprinkler systems work" means the layout, on-429
site fabrication, installation, alteration, maintenance, inspection, testing 430
or repair of any automatic or manual sprinkler system designed for the 431
protection of the interior or exterior of a building or structure from fire, 432
or any piping or tubing and appurtenances and equipment pertaining 433
to such system including overhead and underground water mains, fire 434
hydrants and hydrant mains, standpipes and hose connections to 435
sprinkler systems, sprinkler tank heaters excluding electrical wiring, 436
air lines and thermal systems used in connection with sprinkler and 437
alarm systems connected thereto, foam extinguishing systems or 438
special hazard systems including water spray, foam, carbon dioxide or 439 Raised Bill No. 7299
LCO No. 5391 15 of 19
dry chemical systems, halon and other liquid or gas fire suppression 440
systems, but does not include (A) any engineering design work 441
connected with the layout of fire protection sprinkler systems, or (B) 442
any work performed by employees of or contractors hired by a public 443
water system, as defined in subsection (a) of section 25-33d; 444
(10) "State Fire Marshal" means the State Fire Marshal appointed by 445
the Commissioner of Administrative Services; 446
(11) "Journeyman sprinkler fitter" means a specialized pipe fitter 447
craftsman, experienced and skilled in the installation, alteration, 448
maintenance and repair of fire protection sprinkler systems; 449
(12) "Irrigation work" means making the connections to and the 450
inspection and testing of back flow prevention devices, and low 451
voltage wiring, not exceeding twenty-four volts, used within a lawn 452
sprinkler system; 453
(13) "Sheet metal work" means the onsite layout, installation, 454
erection, replacement, repair or alteration, including, but not limited 455
to, onsite testing and balancing of related life safety components, 456
environmental air, heating, ventilating and air conditioning systems by 457
manipulating, adjusting or controlling such systems for optimum 458
balance performance of any duct work system, ferrous, nonferrous or 459
other material for ductwork systems, components, devices, air louvers 460
or accessories, in accordance with the State Building Code; 461
(14) "Journeyman sheet metal worker" means an experienced 462
craftsman skilled in the installation, erection, replacement, repair or 463
alteration of duct work systems, both ferrous and nonferrous; 464
(15) "Automotive glass work" means installing, maintaining or 465
repairing fixed glass in motor vehicles; 466
(16) "Flat glass work" means installing, maintaining or repairing 467
glass in residential or commercial structures; 468
(17) "Medical gas and vacuum systems work" means the work and 469 Raised Bill No. 7299
LCO No. 5391 16 of 19
practice, materials, instrumentation and fixtures used in the 470
construction, installation, alteration, extension, removal, repair, 471
maintenance, inspection, testing or renovation of gas and vacuum 472
systems and equipment used solely to transport gases for medical 473
purposes and to remove liquids, air-gases or solids from such systems; 474
(18) "Solar electricity work" means the installation, erection, repair, 475
replacement, alteration, [or] maintenance, inspection and testing of 476
photovoltaic or wind generation equipment used to distribute or store 477
ambient energy for heat, light, power or other purposes to a point 478
immediately inside any structure or adjacent to an end use; 479
(19) "Active solar system" means a system that uses an external 480
source of energy to power a motor-driven fan or pump to force the 481
circulation of a fluid through solar heat collectors and which removes 482
the sun's heat from the collectors and transports such heat to a location 483
where it may be used or stored; 484
(20) "Passive solar system" means a system that is capable of 485
collecting or storing the sun's energy as heat without the use of a 486
motor-driven fan or pump; 487
(21) "Hybrid solar system" means a system that contains 488
components of both an active solar system and a passive solar system; 489
(22) "Gas hearth product work" means the installation, service, 490
inspection, testing or repair of a propane or natural gas fired fireplace, 491
fireplace insert, stove or log set and associated venting and piping that 492
simulates a flame of a solid fuel fire. "Gas hearth product work" does 493
not include (A) fuel piping work, (B) the servicing of fuel piping, or (C) 494
work associated with pressure regulating devices, except for 495
appliances gas valves; [and] 496
(23) "Millwright work" means the installation, repair, replacement, 497
maintenance or alteration of (A) power generation machinery, or (B) 498
industrial machinery, including the related interconnection of piping 499
and tubing used in the manufacturing process, but does not include 500 Raised Bill No. 7299
LCO No. 5391 17 of 19
the performance of any action for which licensure is required under 501
this chapter; [.] 502
(24) "Inspection" means the examination of a system or portion of a 503
system, involving the disassembly or removal of component parts of 504
the system; 505
(25) "Elevator inspection" means the visual examination of an 506
elevator system or portion of a system, with or without the 507
disassembly or removal of component parts; and 508
(25) "Testing" means to determine the status of a system as intended 509
for its use, with or without the disassembly of component parts of the 510
system, by the use of testing and measurement instruments. 511
Sec. 12. Section 30-55 of the general statutes is repealed and the 512
following is substituted in lieu thereof (Effective October 1, 2019): 513
(a) The Department of Consumer Protection may, in its discretion, 514
revoke, [or] suspend or place conditions on any permit or provisional 515
permit or impose a fine of not greater than one thousand dollars, upon 516
cause found after hearing, provided ten days' written notice of such 517
hearing has been given to the permittee setting forth, with the 518
particulars required in civil pleadings, the charges upon which such 519
proposed revocation, [or] suspension or fine is predicated. Any appeal 520
from such order of revocation, [or] suspension or fine shall be taken in 521
accordance with the provisions of section 4-183. 522
(b) The surrender of a permit or provisional permit for cancellation 523
or the expiration of a permit shall not prevent the department from 524
suspending or revoking any such permit pursuant to the provisions of 525
this section. 526
Sec. 13. Subdivision (4) of subsection (c) of section 21a-8 of the 527
general statutes is repealed and the following is substituted in lieu 528
thereof (Effective from passage): 529
(4) In addition to any other action permitted under the general 530 Raised Bill No. 7299
LCO No. 5391 18 of 19
statutes, the commissioner may, upon a finding of any cause specified 531
in subsection (c) of section 21a-9: (A) Revoke or suspend a license, 532
registration or certificate; (B) issue a letter of reprimand to a 533
practitioner and send a copy of such letter to a complainant or to a 534
state or local official; (C) place a practitioner on probationary status 535
and require the practitioner to (i) report regularly to the commissioner 536
on the matter which is the basis for probation, (ii) limit the 537
practitioner's practice to areas prescribed by the commissioner, or (iii) 538
continue or renew the practitioner's education until the practitioner 539
has attained a satisfactory level of competence in any area which is the 540
basis for probation. The commissioner may discontinue, suspend or 541
rescind any action taken under this subdivision. If a license, 542
registration or certificate is voluntarily surrendered or is not renewed, 543
the commissioner shall not be prohibited from suspending, revoking 544
or imposing other penalties permitted by law on any such license, 545
registration or certificate. 546
Sec. 14. Subsection (a) of section 20-455 of the general statutes is 547
repealed and the following is substituted in lieu thereof (Effective from 548
passage): 549
(a) The commission may hold hearings on any matter under the 550
provisions of sections 20-450 to 20-462, inclusive. The commission or 551
department may issue subpoenas, administer oaths, compel testimony 552
and order the production of books, records and documents. If any 553
person refuses to appear, to testify or to produce any book, record, 554
paper or document when so ordered, upon application of the 555
commission or department, a judge of the Superior Court may make 556
such order as may be appropriate to aid in the enforcement of this 557
section. Upon a finding of the commission or department, following a 558
hearing, that an individual has held themselves out as a community 559
association manager without the proper registration, the commission 560
or department may issue a cease and desist order and fine the 561
respondent not more than five hundred dollars. 562 Raised Bill No. 7299
LCO No. 5391 19 of 19
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 51-164n(b)
Sec. 2 October 1, 2019 20-334(b)
Sec. 3 January 1, 2020 14-318
Sec. 4 January 1, 2020 14-319(a)
Sec. 5 October 1, 2019 21a-152
Sec. 6 October 1, 2019 21a-156
Sec. 7 October 1, 2019 21a-157
Sec. 8 October 1, 2019 21a-158
Sec. 9 October 1, 2019 21a-159
Sec. 10 October 1, 2019 21a-160
Sec. 11 October 1, 2019 20-330
Sec. 12 October 1, 2019 30-55
Sec. 13 from passage 21a-8(c)(4)
Sec. 14 from passage 20-455(a)
Statement of Purpose:
To modify existing Department of Consumer Protection enforcement
statutes.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]