LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299-R01- HB.docx 1 of 19 General Assembly Substitute Bill No. 7299 January Session, 2019 AN ACT MAKING CHANGE S TO DEPARTMENT OF C ONSUMER 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 Subsection (b) of section 51-164n of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective 2 October 1, 2019): 3 (b) Notwithstanding any provision of the general statutes, any 4 person who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 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 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 2 of 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 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 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 3 of 19 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 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 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 4 of 19 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 Cons umer 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 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 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 5 of 19 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 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 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 6 of 19 operation is seeking licensure in accordance with chapter 14 of the 149 National Fire Protection Association Standard 30A, state the business 150 location and service area of such operation. Each such license shall be 151 renewed annually. A license fee for each such place or station shall be 152 charged as follows: For each station at a fixed location containing one 153 pump, one hundred dollars; and, for each station containing more than 154 one pump, one hundred dollars, plus twenty-eight dollars for each 155 pump in excess of one, and for each on-demand mobile fueling 156 operation, five hundred dollars for the first mobile tank truck and one 157 hundred dollars for each additional mobile tank truck. The fees shall 158 be paid to the commissioner. 159 Sec. 5. Section 21a-152 of the general statutes is repealed and the 160 following is substituted in lieu thereof (Effective October 1, 2019): 161 (a) Each bakery, food warehouse and food manufacturing 162 establishment shall be designed, constructed and operated as the 163 Commissioner of Consumer Protection directs pursuant to sections 164 21a-151 to [21a-159] 21a-160, inclusive, as amended by this act, and 165 chapter 418. 166 (b) No person, firm or corporation shall operate a bakery, food 167 warehouse or food manufacturing establishment with the intent of 168 producing or storing products for human consumption without having 169 obtained from said commissioner a license. Application for such 170 license shall be made on forms, furnished by the commissioner, 171 showing the name and address of such bakery, food warehouse or 172 food manufacturing establishment. Bakeries shall show the number of 173 persons engaged in the production of bread and pastry products, 174 excluding porters, dishwashers, drivers, sales personnel and other 175 employees not directly engaged in such production. The commissioner 176 shall cause an inspection to be made of the premises described in the 177 application and, if conditions are found satisfactory, such license shall 178 be issued. No person, firm or corporation operating a bakery, food 179 warehouse or any agent, servant or employee thereof, shall refuse, 180 hinder or otherwise interfere with access by the commissioner or his 181 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 7 of 19 authorized representative for the purpose of conducting an inspection. 182 No person, firm or corporation shall (1) sell or distribute bread, cakes, 183 doughnuts, crullers, pies, cookies, crackers, spaghetti, macaroni or 184 other food products, including frozen or canned baked goods made in 185 whole or in part of flour or meal produced in any bakery located 186 within or beyond the boundaries of this state, [or shall] (2) sell or 187 distribute food produced in a food manufacturing establishment 188 located within the boundaries of this state, or (3) store any food for 189 wholesale distribution in a food warehouse, unless such bakery or 190 food manufacturing establishment has obtained a license from said 191 commissioner. Facilities licensed pursuant to chapter 417 as food 192 vendors and frozen dessert vendors, and all facilities licensed pursuant 193 to chapters 419a and 430 shall be exempt from such licensing 194 requirement. The commissioner may promulgate regulations excepting 195 out-of-state manufacturers of products, commonly known as cookies, 196 crackers, brown bread or plum puddings in hermetically sealed 197 containers and other similar products, from the license provisions of 198 this section. Such license shall be valid for one year and a fee therefor 199 shall be collected as follows: From a person, firm or corporation 200 owning or conducting a bakery in which there are four persons or 201 fewer engaged in the production of bread and pastry products, twenty 202 dollars; in which there are not fewer than five nor more than nine 203 persons so engaged, forty dollars; in which there are not fewer than ten 204 nor more than twenty-four persons so engaged, one hundred dollars; 205 in which there are not fewer than twenty-five nor more than ninety-206 nine persons so engaged, two hundred dollars; in which there are 207 more than one hundred persons so engaged, two hundred fifty dollars. 208 The fee for a food manufacturer license shall be twenty dollars 209 annually. 210 (c) A bakery, food warehouse or food manufacturer license may be 211 revoked by said commissioner for violation of sections 21a-151 to [21a-212 159] 21a-160, inclusive, as amended by this act, after a hearing 213 conducted in accordance with chapter 54. In addition, a bakery or food 214 manufacturer license may be summarily suspended pending a hearing 215 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 8 of 19 if said commissioner has reason to believe that the public health, safety 216 or welfare imperatively requires emergency action. Within ten days 217 following the suspension order said commissioner shall cause to be 218 held a hearing which shall be conducted in accordance with the 219 provisions of said chapter 54. Following said hearing said 220 commissioner shall dissolve such suspension or order revocation of the 221 bakery, food warehouse or food manufacturer license. Any person, 222 firm or corporation whose license has been revoked may make 223 application for a new license and said commissioner shall act on such 224 application within thirty days of receipt. The costs of any inspections 225 necessary to determine whether or not an applicant, whose license has 226 been revoked, is entitled to have a new license granted shall be borne 227 by the applicant at such rates as the commissioner may determine. 228 Said commissioner may refuse to grant any bakery, food warehouse or 229 food manufacturer license if he or she finds that the applicant has 230 evidenced a pattern of noncompliance with the provisions of sections 231 21a-151 to [21a-159] 21a-160, inclusive, as amended by this act. Prima 232 facie evidence of a pattern of noncompliance shall be established if said 233 commissioner shows that the applicant has had two or more bakery, 234 food warehouse or food manufacturer licenses revoked. 235 (d) All vehicles used in the transportation of bakery or food 236 warehouse products shall be kept in a sanitary condition and shall 237 have the name and address of the bakery, or food warehouse owner, 238 operator or distributor legibly printed on both sides. Each 239 compartment in which unwrapped bakery or food warehouse 240 products are transported shall be enclosed in a manner approved by 241 the commissioner. 242 (e) The provisions of this section shall not prevent local health 243 authorities from enforcing orders or regulations concerning the 244 sanitary condition of bakeries. [or food manufacturing establishments.] 245 (f) Any person who desires to obtain a license under the provisions 246 of sections 21a-151 to [21a-159] 21a-160, inclusive, as amended by this 247 act, shall first obtain and present to the commissioner a certificate of 248 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 9 of 19 approval of the location for which such license is desired. The 249 certificate of approval shall be obtained from the zoning commission, 250 planning and zoning commission or local authority of the town, city or 251 borough in which the facility is located or is proposed to be located. A 252 certificate of approval shall not be required in the case of the transfer 253 of the last issued license from one person to another or in the case of a 254 renewal of a license by the holder of the license. The commissioner 255 shall not issue any license under the provisions of sections 21a-151 to 256 [21a-159] 21a-160, inclusive, as amended by this act, for which a 257 certificate of approval is required until such certificate of approval is 258 obtained by the license applicant. 259 Sec. 6. Section 21a-156 of the general statutes is repealed and the 260 following is substituted in lieu thereof (Effective October 1, 2019): 261 The commissioner shall, from time to time, after inquiry and public 262 hearing, adopt and promulgate regulations to supplement and give 263 full effect to the provisions of sections 21a-151 to [21a-159] 21a-160, 264 inclusive, as amended by this act. Such regulations, among other 265 things, may establish sanitary requirements pertaining to the 266 manufacture and distribution of bread and pastry products. Such 267 regulations may also cover provisions restricting the sale of dangerous, 268 harmful and unwholesome bread and pastry products, the labeling of 269 bread and pastry products, the inspection of bakeries and the 270 establishment of costs for special inspections. The commissioner shall 271 annually review the amounts of bakery and food warehouse license 272 fees referred to in subsection (b) of section 21a-152 and shall increase 273 such fees in order to reflect the costs to the department of carrying out 274 the provisions of sections 21a-151 to [21a-159] 21a-160, inclusive, as 275 amended by this act. 276 Sec. 7. Section 21a-157 of the general statutes is repealed and the 277 following is substituted in lieu thereof (Effective October 1, 2019): 278 No employer shall knowingly permit to work in his or her bakery, 279 food warehouse or food manufacturing establishment any person who 280 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 10 of 19 is affected with any pathogen that is contained in the Centers for 281 Disease Control and Prevention's "List of Infectious and 282 Communicable Diseases which are Transmitted Through the Food 283 Supply", as amended from time to time, except in those cases in which 284 the director of health has given written authorization stating that the 285 public health is not endangered, and each employer shall maintain 286 himself or herself and his or her employees in a clean and sanitary 287 condition, with clean, washable outer clothing, while engaged in the 288 manufacture, handling or sale of food products. The commissioner or 289 his or her authorized agents may order any person employed in a 290 bakery, food warehouse or food manufacturing establishment to be 291 examined by a licensed physician if he or she has reason to believe that 292 such employee has a condition that may transmit a food-borne illness. 293 No person shall be allowed to smoke in a bakery, food warehouse or 294 food manufacturing establishment while in the performance of his or 295 her duty. 296 Sec. 8. Section 21a-158 of the general statutes is repealed and the 297 following is substituted in lieu thereof (Effective October 1, 2019): 298 The owner, agent or lessee of any property used as a bakery, food 299 warehouse or food manufacturing establishment shall, within thirty 300 days after the service of notice upon him or her of an order issued by 301 the Commissioner of Consumer Protection, comply therewith or cease 302 to use or allow the use of such premises as a bakery, food warehouse 303 or food manufacturing establishment. Such notice shall be in writing 304 and may be served upon such owner, agent or lessee, either personally 305 or by mail, and a notice by registered or certified letter, mailed to the 306 last-known address of such owner, agent or lessee, shall be sufficient 307 service. 308 Sec. 9. Section 21a-159 of the general statutes is repealed and the 309 following is substituted in lieu thereof (Effective October 1, 2019): 310 (a) Any person who violates any provision of sections 21a-151 to 311 [21a-159] 21a-160, inclusive, as amended by this act, or any regulation 312 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 11 of 19 made thereunder, or fails to comply with an order of the 313 Commissioner of Consumer Protection, shall (1) for a first offense, be 314 fined not more than two hundred fifty dollars, and (2) for any 315 subsequent offense, be guilty of a class D misdemeanor. 316 (b) The commissioner may apply to the Superior Court for and such 317 court may, upon hearing and for cause shown, grant a temporary or 318 permanent injunction enjoining any person from operating a bakery, 319 food warehouse or food manufacturing establishment without a 320 license issued in accordance with sections 21a-151 to [21a-159] 21a-160, 321 inclusive, as amended by this act, irrespective of whether or not there 322 exists an adequate remedy at law. The commissioner also may apply to 323 the Superior Court for, and such court shall have jurisdiction to grant, 324 a temporary restraining order pending a hearing. Such application for 325 injunctive or other appropriate relief shall be brought by the Attorney 326 General. 327 (c) The Commissioner of Consumer Protection, after providing 328 notice and conducting a hearing in accordance with the provisions of 329 chapter 54, may issue a warning citation or impose a civil penalty of 330 not more than one hundred dollars for the first offense and not more 331 than five hundred dollars for each subsequent offense on any person 332 who violates any provision of sections 21a-151 to [21a-159] 21a-160, 333 inclusive, as amended by this act, or any regulation adopted pursuant 334 to section 21a-156, as amended by this act. 335 Sec. 10. Section 21a-160 of the general statutes is repealed and the 336 following is substituted in lieu thereof (Effective October 1, 2019): 337 No person, firm or corporation shall operate a food warehouse 338 without having obtained a [certificate of registration] license from the 339 Commissioner of Consumer Protection. Application for a [certificate of 340 registration] license shall be on forms prescribed by the commissioner. 341 The commissioner shall issue a [certificate of registration] license to an 342 applicant who has completed such forms to the satisfaction of the 343 commissioner and has paid the [registration] license fee. A [certificate 344 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 12 of 19 of registration] license shall be valid for one year and the fee for such 345 [certificate of registration] license shall be twenty dollars. 346 Sec. 11. Section 20-330 of the general statutes is repealed and the 347 following is substituted in lieu thereof (Effective October 1, 2019): 348 As used in this chapter: 349 (1) "Contractor" means any person regularly offering to the general 350 public services of such person or such person's employees in the field 351 of electrical work, plumbing and piping work, solar work, heating, 352 piping, cooling and sheet metal work, fire protection sprinkler systems 353 work, elevator installation, repair and maintenance work, irrigation 354 work, automotive glass work or flat glass work, as defined in this 355 section; 356 (2) "Electrical work" means the installation, erection, maintenance, 357 inspection, testing, alteration or repair of any wire, cable, conduit, 358 busway, raceway, support, insulator, conductor, appliance, apparatus, 359 fixture or equipment that generates, transforms, transmits or uses 360 electrical energy for light, heat, power or other purposes, but does not 361 include low voltage wiring, not exceeding twenty-four volts, used 362 within a lawn sprinkler system; 363 (3) "Plumbing and piping work" means the installation, repair, 364 replacement, alteration, [or] maintenance, inspection or testing of gas, 365 water and associated fixtures, tubing and piping mains and branch 366 lines up to and including the closest valve to a machine or equipment 367 used in the manufacturing process, laboratory equipment, sanitary 368 equipment, other than subsurface sewage disposal systems, fire 369 prevention apparatus, all water systems for human usage, sewage 370 treatment facilities and all associated fittings within a building and 371 includes lateral storm and sanitary lines from buildings to the mains, 372 process piping, swimming pools and pumping equipment, and 373 includes making connections to back flow prevention devices, and 374 includes low voltage wiring, not exceeding twenty-four volts, used 375 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 13 of 19 within a lawn sprinkler system, but does not include (A) solar thermal 376 work performed pursuant to a certificate held as provided in section 377 20-334g, except for the repair of those portions of a solar hot water 378 heating system that include the basic domestic hot water tank and the 379 tie-in to the potable water system, (B) the installation, repair, 380 replacement, alteration, [or] maintenance, inspection or testing of fire 381 prevention apparatus within a structure, except for standpipes that are 382 not connected to sprinkler systems, (C) medical gas and vacuum 383 systems work, and (D) millwright work. For the purposes of this 384 subdivision, "process piping" means piping or tubing that conveys 385 liquid or gas that is used directly in the production of a chemical or a 386 product for human consumption; 387 (4) "Solar thermal work" means the installation, erection, repair, 388 replacement, alteration, [or] maintenance, inspection or testing of 389 active, passive and hybrid solar systems that directly convert ambient 390 energy into heat or convey, store or distribute such ambient energy; 391 (5) "Heating, piping and cooling work" means (A) the installation, 392 repair, replacement, maintenance, inspection, testing or alteration of 393 any apparatus for piping, appliances, devices or accessories for heating 394 systems, including sheet metal work, (B) the installation, repair, 395 replacement, maintenance, inspection, testing or alteration of air 396 conditioning and refrigeration systems, boilers, including apparatus 397 and piping for the generation or conveyance of steam and associated 398 pumping equipment and process piping and the installation of tubing 399 and piping mains and branch lines up to and including the closest 400 valve to a machine or equipment used in the manufacturing process [,] 401 and onsite testing and balancing of hydronic, steam and combustion 402 air, but excluding millwright work, and (C) on-site operation, by 403 manipulating, adjusting or controlling, with sufficient technical 404 knowledge, as determined by the commissioner, (i) heating systems 405 with a steam or water boiler maximum operating pressure of fifteen 406 pounds per square inch gauge or greater, or (ii) air conditioning or 407 refrigeration systems with an aggregate of more than fifty horsepower 408 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 14 of 19 or kilowatt equivalency of fifty horsepower or of two hundred pounds 409 of refrigerant. Heating, piping and cooling work does not include solar 410 thermal work performed pursuant to a certificate held as provided in 411 section 20-334g, or medical gas and vacuum systems work or the 412 passive monitoring of heating, air conditioning or refrigeration 413 systems. For the purposes of this subdivision, "process piping" means 414 piping or tubing that conveys liquid or gas that is used directly in the 415 production of a chemical or a product for human consumption; 416 (6) "Apprentice" means any person registered with the Labor 417 Department for the purpose of learning a skilled trade; 418 (7) "Elevator installation, repair and maintenance work" means the 419 installation, erection, maintenance, inspection, testing and repair of all 420 types of elevators, dumb waiters, escalators, and moving walks and all 421 mechanical equipment, fittings, associated piping and wiring from a 422 source of supply brought to the equipment room by an unlimited 423 electrical contractor for all types of machines used to hoist or convey 424 persons or materials, but does not include temporary hoisting 425 machines used for hoisting materials in connection with any 426 construction job or project, provided "elevator inspection" includes the 427 visual examination of an elevator system or portion of a system, with 428 or without the disassembly or removal of component parts; 429 (8) "Elevator maintenance" means the lubrication, inspection, testing 430 and replacement of controls, hoistway and car parts; 431 (9) "Fire protection sprinkler systems work" means the layout, on-432 site fabrication, installation, alteration, maintenance, inspection, testing 433 or repair of any automatic or manual sprinkler system designed for the 434 protection of the interior or exterior of a building or structure from fire, 435 or any piping or tubing and appurtenances and equipment pertaining 436 to such system including overhead and underground water mains, fire 437 hydrants and hydrant mains, standpipes and hose connections to 438 sprinkler systems, sprinkler tank heaters excluding electrical wiring, 439 air lines and thermal systems used in connection with sprinkler and 440 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 15 of 19 alarm systems connected thereto, foam extinguishing systems or 441 special hazard systems including water spray, foam, carbon dioxide or 442 dry chemical systems, halon and other liquid or gas fire suppression 443 systems, but does not include (A) any engineering design work 444 connected with the layout of fire protection sprinkler systems, or (B) 445 any work performed by employees of or contractors hired by a public 446 water system, as defined in subsection (a) of section 25-33d; 447 (10) "State Fire Marshal" means the State Fire Marshal appointed by 448 the Commissioner of Administrative Services; 449 (11) "Journeyman sprinkler fitter" means a specialized pipe fitter 450 craftsman, experienced and skilled in the installation, alteration, 451 maintenance and repair of fire protection sprinkler systems; 452 (12) "Irrigation work" means making the connections to and the 453 inspection and testing of back flow prevention devices, and low 454 voltage wiring, not exceeding twenty-four volts, used within a lawn 455 sprinkler system; 456 (13) "Sheet metal work" means the onsite layout, installation, 457 erection, replacement, repair or alteration, including, but not limited 458 to, onsite testing and balancing of related life safety components, 459 environmental air, heating, ventilating and air conditioning systems by 460 manipulating, adjusting or controlling such systems for optimum 461 balance performance of any duct work system, ferrous, nonferrous or 462 other material for ductwork systems, components, devices, air louvers 463 or accessories, in accordance with the State Building Code; 464 (14) "Journeyman sheet metal worker" means an experienced 465 craftsman skilled in the installation, erection, replacement, repair or 466 alteration of duct work systems, both ferrous and nonferrous; 467 (15) "Automotive glass work" means installing, maintaining or 468 repairing fixed glass in motor vehicles; 469 (16) "Flat glass work" means installing, maintaining or repairing 470 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 16 of 19 glass in residential or commercial structures; 471 (17) "Medical gas and vacuum systems work" means the work and 472 practice, materials, instrumentation and fixtures used in the 473 construction, installation, alteration, extension, removal, repair, 474 maintenance, inspection, testing or renovation of gas and vacuum 475 systems and equipment used solely to transport gases for medical 476 purposes and to remove liquids, air-gases or solids from such systems; 477 (18) "Solar electricity work" means the installation, erection, repair, 478 replacement, alteration, [or] maintenance, inspection and testing of 479 photovoltaic or wind generation equipment used to distribute or store 480 ambient energy for heat, light, power or other purposes to a point 481 immediately inside any structure or adjacent to an end use; 482 (19) "Active solar system" means a system that uses an external 483 source of energy to power a motor-driven fan or pump to force the 484 circulation of a fluid through solar heat collectors and which removes 485 the sun's heat from the collectors and transports such heat to a location 486 where it may be used or stored; 487 (20) "Passive solar system" means a system that is capable of 488 collecting or storing the sun's energy as heat without the use of a 489 motor-driven fan or pump; 490 (21) "Hybrid solar system" means a system that contains 491 components of both an active solar system and a passive solar system; 492 (22) "Gas hearth product work" means the installation, service, 493 inspection, testing or repair of a propane or natural gas fired fireplace, 494 fireplace insert, stove or log set and associated venting and piping that 495 simulates a flame of a solid fuel fire. "Gas hearth product work" does 496 not include (A) fuel piping work, (B) the servicing of fuel piping, or (C) 497 work associated with pressure regulating devices, except for 498 appliances gas valves; [and] 499 (23) "Millwright work" means the installation, repair, replacement, 500 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 17 of 19 maintenance or alteration, including the inspection and testing, of (A) 501 power generation machinery, or (B) industrial machinery, including 502 the related interconnection of piping and tubing used in the 503 manufacturing process, but does not include the performance of any 504 action for which licensure is required under this chapter; [.] 505 (24) "Inspection" means the examination of a system or portion of a 506 system, involving the disassembly or removal of component parts of 507 the system; 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 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 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 Substitute Bill No. 7299 LCO {\\PRDFS1\HCOUSERS\BARRYJN\WS\2019HB-07299- R01-HB.docx } 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 Legislative Commissioners: In Section 11 of the bill, Subdivisions (7) and (25) were combined for clarity. GL Joint Favorable Subst.