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 Section 29-261 of the general statutes is repealed and the 1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