Connecticut 2019 Regular Session

Connecticut Senate Bill SB00608 Compare Versions

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Version 2 (New)

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7		-	General Assembly Substitute Bill No. 608
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	6	+	General Assembly Committee Bill No. 608
8	7		January Session, 2019
	8	+	LCO No. 4871
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	10	+
	11	+	Referred to Committee on HOUSING
	12	+
	13	+
	14	+	Introduced by:
	15	+	(HSG)
	16	+
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11	19		AN ACT CONCERNING TH E IMPROVEMENT OF RENTA L UNIT
12	20		SAFETY.
13	21		Be it enacted by the Senate and House of Representatives in General
14	22		Assembly convened:
15	23
16	24		Section 1. Section 29-261 of the general statutes is repealed and the 1
17	25		following is substituted in lieu thereof (Effective October 1, 2019): 2
18	26		(a) The building official, to be eligible for appointment, shall have 3
19	27		had at least five years' experience in construction, design or 4
20		-	supervision and an assistant building [officials~~] official~~ shall have had 5
21		-	~~at least three~~ years' experience in construction, design or supervision, 6
22		-	~~or equivalent~~ experience as determined by the Commissioner of 7
23		-	~~Administrative~~ Services. They shall be generally informed on the 8
24		-	~~quality and strength~~ of building materials, on the accepted 9
25		-	~~requirements of building~~ construction, on the accepted requirements of 10
26		-	~~design and construction~~ relating to accessibility to and use of buildings 11
27		-	~~by the physically~~ disabled, on good practice in fire prevention, on the 12
28		-	~~accepted~~ requirements regarding light and ventilation, on the accepted 13
	28	+	supervision and assistant building officials shall have had at least three 5
	29	+	years' experience in construction, design or supervision, or equivalent 6
	30	+	experience as determined by the Commissioner of Administrative 7
	31	+	Services. They shall be generally informed on the quality and strength 8
	32	+	of building materials, on the accepted requirements of building 9
	33	+	construction, on the accepted requirements of design and construction 10
	34	+	relating to accessibility to and use of buildings by the physically 11
	35	+	disabled, on good practice in fire prevention, on the accepted 12
	36	+	requirements regarding light and ventilation, on the accepted 13
29	37		requirements for safe exit facilities and on other items of equipment 14
30	38		essential for the safety, comfort and convenience of occupants and 15
31	39		shall be certified under the provisions of section 29-262. 16
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32	45		(b) The building official or assistant building official shall pass upon 17
33	46		any question relative to the mode, manner of construction or materials 18
34	47		to be used in the erection or alteration of buildings or structures, 19
35	48		pursuant to applicable provisions of the State Building Code and in 20
36		-	accordance with rules and regulations adopted by the Department of 21 Substitute Bill No. 608
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	49	+	accordance with rules and regulations adopted by the Department of 21
43	50		Administrative Services. They shall require compliance with the 22
44	51		provisions of the State Building Code, of all rules lawfully adopted and 23
45	52		promulgated thereunder and of laws relating to the construction, 24
46	53		alteration, repair, removal, demolition and integral equipment and 25
47	54		location, use, accessibility, occupancy and maintenance of buildings 26
48	55		and structures, except as may be otherwise provided for. 27
49		-	(c) [A~~] The~~ building official may request proof of licensure from any 28
	56	+	(c) A building official may request proof of licensure from any 28
50	57		person at a construction site for which a building permit was issued. If 29
51	58		such official finds any person engaging in or practicing work in an 30
52	59		occupation for which a license is required under chapters 393 and 31
53	60		393a, without first having obtained an apprentice permit or a license 32
54	61		for such work or occupation, the building official may notify the 33
55	62		Commissioner of Consumer Protection of such violation and may issue 34
56	63		a written order and personally deliver such order or send such order 35
57	64		by certified mail to the person holding such building permit. Such 36
58	65		order may require that any person working at such site without the 37
59	66		required permit or license shall cease work at the site immediately. The 38
60	67		unlicensed person may perform such work or occupation at the 39
61	68		construction site upon submission of documentation satisfactory to the 40
62	69		building official of compliance under said chapters 393 and 393a. 41
63	70		(d) The building official may request proof of a building permit 42
64	71		from any person at a construction site of a rental unit. If such official 43
65	72		finds any person engaging in the construction or alteration of a rental 44
66	73		unit without first having obtained a building permit as required under 45
67	74		this chapter, the building official may issue a written order and 46
68	75		personally deliver such order or send such order by certified mail to 47
69	76		the person conducting such alteration or construction. Such order may 48
70	77		(1) require that all work at such site without the required permit to 49
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71	83		cease immediately, and (2) impose a fine not exceeding two hundred 50
72	84		fifty dollars for such violation. 51
73		-	[(d)] (e) The building official or [his] an assistant building official 52
	85	+	[(d)] (e) The building official or [his] the assistant building official 52
74	86		shall have the right of entry to such buildings or structures, except 53
75		-	single-family residences, for the proper performance of his or her 54 Substitute Bill No. 608
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	87	+	single-family residences, for the proper performance of his or her 54
82	88		duties between the hours of nine a.m. and five p.m., except that in the 55
83		-	case of an emergency [he] the building official ~~or an assistant building~~ 56
84		-	~~official shall have the right of~~ entry at any time, if such entry is 57
85		-	~~necessary in the interest of public~~ safety. 58
	89	+	case of an emergency [he] the building official shall have the right of 56
	90	+	entry at any time, if such entry is necessary in the interest of public 57
	91	+	safety. 58
86	92		[(e)] (f) Notwithstanding any provision of the Freedom of 59
87	93		Information Act, as defined in section 1-200, or the State Building 60
88	94		Code, upon receipt of a written request signed by the owner of plans 61
89	95		and specifications on file for a single-family dwelling or out-building, 62
90	96		the building official shall immediately return the original plans and 63
91	97		specifications to the owner after a certificate of occupancy is issued 64
92	98		with respect to the plans and specifications. 65
93	99		Sec. 2. Subsection (b) of section 29-266 of the general statutes is 66
94	100		repealed and the following is substituted in lieu thereof (Effective 67
95	101		October 1, 2019): 68
96	102		(b) When the building official rejects or refuses to approve the mode 69
97	103		or manner of construction proposed to be followed or the materials to 70
98	104		be used in the erection or alteration of a building or structure, or when 71
99	105		it is claimed that the provisions of the code do not apply or that an 72
100	106		equally good or more desirable form of construction can be employed 73
101	107		in a specific case, or when it is claimed that the true intent and 74
102	108		meaning of the code and regulations have been misconstrued or 75
103	109		wrongly interpreted, or when the building official issues a written 76
104	110		order under subsection (c) or (d) of section 29-261, as amended by this 77
105	111		act, the owner of such building or structure, whether already erected 78
106	112		or to be erected, or [his] the authorized agent of such owner may 79
107	113		appeal in writing from the decision of the building official to the board 80
108	114		of appeals. When a person other than such owner claims to be 81
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109	120		aggrieved by any decision of the building official, such person or his or 82
110	121		her authorized agent may appeal, in writing, from the decision of the 83
111	122		building official to the board of appeals, and before determining the 84
112	123		merits of such appeal the board of appeals shall first determine 85
113	124		whether such person has a right to appeal. Upon receipt of an appeal 86
114		-	from an owner or his or her representative or approval of an appeal by 87 Substitute Bill No. 608
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	125	+	from an owner or his or her representative or approval of an appeal by 87
121	126		a person other than the owner, the chairman of the board of appeals 88
122	127		shall appoint a panel of not less than three members of such board to 89
123	128		hear such appeal. Such appeal shall be heard in the municipality for 90
124	129		which the building official serves within five days, exclusive of 91
125	130		Saturdays, Sundays and legal holidays, after the date of receipt of such 92
126	131		appeal. Such panel shall render a decision upon the appeal and file the 93
127	132		same with the building official from whom such appeal has been taken 94
128	133		not later than five days, exclusive of Saturdays, Sundays and legal 95
129	134		holidays, following the day of the hearing thereon. A copy of such 96
130	135		decision shall be mailed, prior to such filing, to the party taking such 97
131	136		appeal. Any person aggrieved by the decision of a panel may appeal to 98
132	137		the Codes and Standards Committee within fourteen days after the 99
133	138		filing of the decision with the building official. Any determination 100
134	139		made by the local panel shall be subject to review de novo by said 101
135	140		committee. 102
136	141		Sec. 3. Section 8-12a of the general statutes is repealed and the 103
137	142		following is substituted in lieu thereof (Effective October 1, 2019): 104
138	143		(a) Any municipality may, by ordinance adopted by its legislative 105
139	144		body, establish penalties for violations of zoning regulations adopted 106
140	145		under section 8-2 or by special act. Any municipality may, by 107
141	146		ordinance adopted by its legislative body, establish penalties for 108
142	147		noncompliance with residential licensing programs. The ordinance 109
143	148		shall establish the types of violations for which a citation may be 110
144	149		issued and the amount of any fine to be imposed thereby and shall 111
145	150		specify the time period for uncontested payment of fines for any 112
146	151		alleged violation under any such regulation. No fine imposed under 113
147	152		the authority of this section may exceed one hundred fifty dollars for 114
	153	+	Committee Bill No. 608
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148	158		each day a violation continues. Any fine shall be payable to the 115
149	159		treasurer of the municipality. 116
150	160		(b) The hearing procedure for any citation issued pursuant to this 117
151	161		section shall be in accordance with section 7-152c except that no zoning 118
152	162		enforcement officer, building inspector or employee of the municipal 119
153		-	body exercising zoning authority may be appointed to be a hearing 120 Substitute Bill No. 608
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	163	+	body exercising zoning authority may be appointed to be a hearing 120
160	164		officer. 121
161	165		Sec. 4. Section 19a-111c of the general statutes is repealed and the 122
162	166		following is substituted in lieu thereof (Effective October 1, 2019): 123
163	167		(a) The owner of any dwelling in which the paint, plaster or other 124
164	168		material is found to contain toxic levels of lead and in which children 125
165	169		under the age of six reside, shall abate, remediate or manage such 126
166	170		dangerous materials consistent with regulations adopted pursuant to 127
167	171		this section. The Commissioner of Public Health shall adopt 128
168	172		regulations, in accordance with chapter 54, to establish requirements 129
169	173		and procedures for testing, remediation, abatement and management 130
170	174		of materials containing toxic levels of lead. For the purposes of this 131
171	175		section, "remediation" means the use of interim controls, including, but 132
172	176		not limited to, paint stabilization, spot point repair, dust control, 133
173	177		specialized cleaning and covering of soil with mulch. 134
174	178		(b) The commissioner shall authorize the use of any liquid, 135
175	179		cementitious or flexible lead encapsulant product which complies with 136
176	180		an appropriate standard for such products developed by the American 137
177	181		Society for Testing and Materials or similar testing organization 138
178	182		acceptable to the commissioner for the abatement and remediation of 139
179	183		lead hazards. The commissioner shall maintain a list of all such 140
180	184		approved lead encapsulant products that may be used in this state for 141
181	185		the abatement and remediation of lead hazards. 142
182	186		(c) (1) The Commissioner of Public Health may adopt regulations, in 143
183	187		accordance with chapter 54, to regulate paint removal from the exterior 144
184	188		of any building or structure where the paint removal project may 145
	189	+	Committee Bill No. 608
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	193	+
185	194		present a health hazard to neighboring premises. The regulations may 146
186	195		establish: (A) Definitions, (B) applicability and exemption criteria, (C) 147
187	196		procedures for submission of notifications, (D) appropriate work 148
188	197		practices, and (E) penalties for noncompliance. 149
189	198		(2) The Commissioner of Public Health may adopt regulations, in 150
190		-	accordance with chapter 54, to regulate the standards and procedures 151 Substitute Bill No. 608
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	199	+	accordance with chapter 54, to regulate the standards and procedures 151
197	200		for testing, remediation, as defined in this section, abatement and 152
198	201		management of materials containing toxic levels of lead in any 153
199	202		premises. 154
200	203		(d) Any person whose act or omission constitutes a violation of this 155
201	204		section shall be strictly liable for damages for the injury or death of 156
202	205		another person resulting from such act or omission. 157
203	206		Sec. 5. Subsection (b) of section 47a-54f of the general statutes is 158
204	207		repealed and the following is substituted in lieu thereof (Effective 159
205	208		October 1, 2019): 160
206	209		(b) Paint on the exposed surfaces of the interior of a tenement house 161
207	210		shall not be cracked, chipped, blistered, flaking, loose, or peeling so as 162
208	211		to constitute a health hazard. Testing, remediation, abatement and 163
209	212		management of lead-based paint at a tenement house or its premises 164
210	213		shall be as defined in, and in accordance with, the regulations, if any, 165
211	214		adopted pursuant to section 19a-111c, as amended by this act. Any 166
212	215		person who violates this subsection shall be liable in accordance with 167
213	216		subsection (d) of section 19a-111c, as amended by this act. 168
214	217		This act shall take effect as follows and shall amend the following
215	218		sections:
216	219
217	220		Section 1 October 1, 2019 29-261
218	221		Sec. 2 October 1, 2019 29-266(b)
219	222		Sec. 3 October 1, 2019 8-12a
220	223		Sec. 4 October 1, 2019 19a-111c
221	224		Sec. 5 October 1, 2019 47a-54f(b)
222	225
223		-	Statement of Legislative Commissioners:
224		-	In Section 1(a), "assistant building officials" was changed to "an
225		-	assistant building [officials] official" for consistency with standard
226		-	drafting conventions, in Section 1(c), "A building official" was changed
227		-	to "[A] The building official" for consistency and in Section 1(e) "or an
228		-	assistant building official" was added for consistency.
	226	+	Committee Bill No. 608
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230		-	HSG Joint Favorable Subst. -LCO
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	230	+
	231	+	Statement of Purpose:
	232	+	To improve rental conditions for residents of the state.
	233	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	234	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	235	+	not underlined.]
	236	+
	237	+	Co-Sponsors: SEN. LOONEY, 11th Dist.; SEN. WINFIELD, 10th Dist.
	238	+	REP. WALKER, 93rd Dist.; REP. PORTER, 94th Dist.
	239	+	REP. CANDELARIA, 95th Dist.; REP. LEMAR, 96th Dist.
	240	+	REP. PAOLILLO, 97th Dist.; REP. DIMASSA, 116th Dist.
	241	+	REP. DILLON, 92nd Dist.; REP. ELLIOTT, 88th Dist.
	242	+
	243	+	S.B. 608
	244	+
231	245