Connecticut 2020 Regular Session

Connecticut Senate Bill SB00427 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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2	2
3	3
4	4	LCO No. 2667 1 of 16
5	5
6	6	General Assembly Raised Bill No. 427
7	7	February Session, 2020
8	8	LCO No. 2667
9	9
10	10
11	11	Referred to Committee on PUBLIC SAFETY AND SECURITY
12	12
13	13
14	14	Introduced by:
15	15	(PS)
16	16
17	17
18	18
19	19
20	20	AN ACT CONCERNING TH E FIRE PREVENTION CODE AND FIRE
21	21	SAFETY CODE.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 29-291a of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective July 1, 2020): 2
27	27	(a) (1) The State Fire Marshal, in coordination with the [advisory 3
28	28	committee] Fire Prevention Code Committee established under 4
29	29	subsection (b) of this section and in accordance with the provisions of 5
30	30	section 29-291e, as amended by this act, shall adopt and administer a 6
31	31	State Fire Prevention Code based on a nationally recognized fire 7
32	32	prevention code. The code shall be used to enhance the enforcement 8
33	33	capabilities of local fire marshals and for the purposes of prevention of 9
34	34	fire and other related emergencies. The code shall be revised as deemed 10
35	35	necessary to incorporate any subsequent revisions to the code not later 11
36	36	than eighteen months following the date of first publication of such 12
37	37	revisions. The code shall include provisions for oil burners, flammable 13
38	38	and combustible liquids, gas equipment and piping, liquefied gas and 14
39	39	liquefied natural gas and hazardous chemicals. 15 Raised Bill No. 427
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41	41
42	42
43	43	LCO No. 2667 2 of 16
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45	45	(2) Beginning on the effective date of the 2020 Fire Safety Code 16
46	46	adopted pursuant to section 29-292, as amended by this act: 17
47	47	(A) The Fire Prevention Code shall be applicable to all buildings 18
48	48	constructed prior to January 1, 2006, and 19
49	49	(B) the Fire Safety Code, as amended from time to time pursuant to 20
50	50	section 29-292a, shall be applicable to all buildings constructed on or 21
51	51	after January 1, 2006. 22
52	52	(b) There is established [an advisory committee] the Fire Prevention 23
53	53	Code Committee consisting of nine persons appointed by the State Fire 24
54	54	Marshal. The State Fire Marshal shall appoint two members [selected] 25
55	55	from a list of individuals submitted by the Codes and Standards 26
56	56	Committee from the membership of said committee and seven members 27
57	57	representing local fire marshals, deputy fire marshals and fire inspectors 28
58	58	selected from a list of individuals submitted by the Connecticut Fire 29
59	59	Marshals Association. 30
60	60	(c) The State Fire Marshal may issue official interpretations of the 31
61	61	State Fire Prevention Code, including interpretations of the applicability 32
62	62	of any provision of the code, upon the request of any person. The State 33
63	63	Fire Marshal shall compile and index each interpretation and shall 34
64	64	publish such interpretations at periodic intervals not exceeding four 35
65	65	months. 36
66	66	Sec. 2. Section 29-291c of the general statutes is repealed and the 37
67	67	following is substituted in lieu thereof (Effective July 1, 2020): 38
68	68	(a) When the State Fire Marshal or a local fire marshal ascertains that 39
69	69	there exists in any building, or upon any premises, a condition that 40
70	70	violates the State Fire Prevention Code or Fire Safety Code, the State Fire 41
71	71	Marshal or local fire marshal shall order such condition remedied by the 42
72	72	owner or occupant of such building or premises. Any such remedy shall 43
73	73	be in conformance with all building codes, ordinances, rules and 44
74	74	regulations of the municipality involved. Such owner or occupant shall 45
75	75	be subject to the penalties prescribed by subsection (e) of this section 46 Raised Bill No. 427
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77	77
78	78
79	79	LCO No. 2667 3 of 16
80	80
81	81	and, in addition, may be fined fifty dollars a day for each day's 47
82	82	continuance of each violation, to be recovered in a proper action in the 48
83	83	name of the state. 49
84	84	(b) Upon failure of an owner or occupant to abate or remedy a 50
85	85	violation pursuant to subsection (a) of this section within a reasonable 51
86	86	period of time specified by the State Fire Marshal or the local fire 52
87	87	marshal, the local fire marshal shall promptly notify, in writing, the 53
88	88	prosecuting attorney having jurisdiction in the municipality in which 54
89	89	such violation or condition exists of all of the relevant facts. The local 55
90	90	fire marshal may request the chief executive officer, any official of the 56
91	91	municipality authorized to institute actions on behalf of the 57
92	92	municipality in which the hazard exists or the State Fire Marshal, to 58
93	93	apply to any court of equitable jurisdiction for an injunction against 59
94	94	such owner or occupant for the purpose of closing or restricting from 60
95	95	public service or use the place or premises containing the violation or 61
96	96	condition until the violation or condition has been remedied, or the State 62
97	97	Fire Marshal may apply for such an injunction without such request. 63
98	98	(c) The State Fire Marshal or any local fire marshal empowered to 64
99	99	enforce the State Fire Prevention Code or Fire Safety Code may, as an 65
100	100	alternative to issuing an order pursuant to subsection (a) of this section, 66
101	101	give the owner or occupant a written citation for any violation of the 67
102	102	[State Fire Prevention Code] applicable code. No such citation may be 68
103	103	issued if the owner or occupant has been previously issued a citation for 69
104	104	the same violation by the State Fire Marshal or the local fire marshal 70
105	105	within six months prior to the current violation. Such citation shall 71
106	106	contain the name and address, if known, of the owner or occupant, the 72
107	107	specific offense charged and the time and place of the violation. The 73
108	108	citation shall be signed by the State Fire Marshal or local fire marshal 74
109	109	and shall be signed by the owner or occupant in acknowledgment that 75
110	110	such citation has been received. The State Fire Marshal or local fire 76
111	111	marshal shall, if practicable, deliver a copy of the citation to the owner 77
112	112	or occupant at the time and place of the violation or shall use some other 78
113	113	reasonable means of notification. Any person who is issued a citation 79
114	114	for violation of any provision of the State Fire Prevention Code or Fire 80 Raised Bill No. 427
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116	116
117	117
118	118	LCO No. 2667 4 of 16
119	119
120	120	Safety Code in accordance with this subsection shall be fined not more 81
121	121	than two hundred fifty dollars. 82
122	122	(d) If a local fire marshal issues a citation pursuant to subsection (c) 83
123	123	of this section, the state shall remit to the municipalities in which the 84
124	124	violations occurred ninety per cent of the proceeds of the fine and shall 85
125	125	remit to the State Treasurer the remaining ten per cent. If the State Fire 86
126	126	Marshal issues a citation pursuant to said subsection, the state shall 87
127	127	remit to the State Treasurer the entire proceeds of the fine. Each clerk of 88
128	128	the Superior Court or the Chief Court Administrator, on or before the 89
129	129	thirtieth day of January, April, July and October in each year, shall 90
130	130	certify to the Comptroller the amount due for the previous quarter 91
131	131	under this subsection to each municipality served by the office of the 92
132	132	clerk or official. 93
133	133	(e) In addition to the fine prescribed in subsection (a) of this section, 94
134	134	any person who violates any provision of the State Fire Prevention Code 95
135	135	or Fire Safety Code shall be fined not less than two hundred dollars or 96
136	136	more than one thousand dollars or be imprisoned not more than six 97
137	137	months, or both. 98
138	138	Sec. 3. Section 29-291d of the general statutes is repealed and the 99
139	139	following is substituted in lieu thereof (Effective July 1, 2020): 100
140	140	The State Fire Marshal shall review a decision by a local fire marshal 101
141	141	upon the request of any person determined to have the right to appeal 102
142	142	or when the State Fire Marshal has reason to believe that such official 103
143	143	has misconstrued or misinterpreted any provision of the State Fire 104
144	144	Prevention Code adopted pursuant to section 29-291a, as amended by 105
145	145	this act. If upon review and after consultation with such official the State 106
146	146	Fire Marshal determines that a provision of the code has been 107
147	147	misconstrued or misinterpreted, the State Fire Marshal shall issue an 108
148	148	interpretation of such code and may issue any order the State Fire 109
149	149	Marshal deems appropriate. Any such determination or order shall be 110
150	150	in writing and sent to such local fire marshal by registered mail, return 111
151	151	receipt requested. Any person aggrieved by a decision made by the State 112 Raised Bill No. 427
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153	153
154	154
155	155	LCO No. 2667 5 of 16
156	156
157	157	Fire Marshal in accordance with this section or a decision of the State 113
158	158	Fire Marshal relating to the enforcement of the State Fire Prevention 114
159	159	Code may appeal such decision to the Fire Prevention Code Committee, 115
160	160	established pursuant to subsection (b) of section 29-291a, as amended 116
161	161	by this act, not later than fourteen days after receipt of such decision by 117
162	162	such aggrieved person. Any person aggrieved by any ruling of the Fire 118
163	163	Prevention Code Committee may appeal to the superior court for the 119
164	164	judicial district where the premises concerned are located. 120
165	165	Sec. 4. Section 29-291e of the general statutes is repealed and the 121
166	166	following is substituted in lieu thereof (Effective July 1, 2020): 122
167	167	(a) For the purposes of this section, "proposed code" means a 123
168	168	proposal by the State Fire Marshal, in coordination with the [advisory 124
169	169	committee] Fire Prevention Code Committee for a new State Fire 125
170	170	Prevention Code or for a change in, addition to or repeal of any 126
171	171	provision of the State Fire Prevention Code and ["advisory committee" 127
172	172	means the advisory committee] "Fire Prevention Code Committee" 128
173	173	means the committee established under subsection (b) of section 29-129
174	174	291a, as amended by this act. 130
175	175	(b) Notwithstanding the provisions of chapter 54, the adoption of the 131
176	176	State Fire Prevention Code and any amendments thereto shall not be 132
177	177	required to comply with the provisions of chapter 54, except as provided 133
178	178	in this section. 134
179	179	(c) Prior to the adoption of the State Fire Prevention Code and any 135
180	180	amendments thereto, the State Fire Marshal shall (1) post any proposed 136
181	181	code, a statement of purpose for which the proposed code is proposed, 137
182	182	a fiscal note associated with compliance with the proposed code 138
183	183	prepared pursuant to section 4-168 and a regulatory flexibility analysis 139
184	184	prepared pursuant to section 4-168a on the Internet web site of the 140
185	185	Department of Administrative Services, (2) give notice electronically to 141
186	186	the joint standing committee of the General Assembly having 142
187	187	cognizance of matters relating to public safety and security, (3) give 143
188	188	notice to any person who has requested the State Fire Marshal for 144 Raised Bill No. 427
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190	190
191	191
192	192	LCO No. 2667 6 of 16
193	193
194	194	advance notice of the proposed code adoption proceedings, (4) provide 145
195	195	for a public comment period of forty-five days following the posting of 146
196	196	such proposed code, fiscal note and regulatory flexibility analysis, and 147
197	197	(5) hold a public hearing on the proposed code not less than twenty nor 148
198	198	more than thirty-five days after such posting. 149
199	199	(d) After the close of the public comment period, the State Fire 150
200	200	Marshal, in coordination with the [advisory committee] Fire Prevention 151
201	201	Code Committee, shall respond to each written and oral comment 152
202	202	respecting the proposed code received during the public comment 153
203	203	period and at the public hearing. Such response shall include any 154
204	204	change made to the proposed code if applicable, and the rationale for 155
205	205	such change. The State Fire Marshal shall post such response on the 156
206	206	Internet web site of the Department of Administrative Services not later 157
207	207	than thirty days after the close of the public comment period. 158
208	208	(e) The State Fire Marshal, in coordination with the [advisory 159
209	209	committee] Fire Prevention Code Committee, shall create and maintain 160
210	210	a code-making record for each proposed code, submit such code-161
211	211	making record electronically to the standing legislative regulation 162
212	212	review committee and the joint standing committee of the General 163
213	213	Assembly having cognizance of matters relating to public safety and 164
214	214	security, and post such code-making record on the Internet web site of 165
215	215	the Department of Administrative Services. Such code-making record 166
216	216	shall include, but need not be limited to: (1) The final wording of the 167
217	217	proposed code in a format consistent with a nationally recognized 168
218	218	model building code, (2) the fiscal note prepared pursuant to subsection 169
219	219	(c) of this section, (3) the regulatory flexibility analysis prepared 170
220	220	pursuant to subsection (c) of this section, (4) all written and oral 171
221	221	comments received during the public comment period, and (5) the 172
222	222	response to such comments prepared pursuant to subsection (d) of this 173
223	223	section. 174
224	224	(f) The standing legislative regulation review committee shall have 175
225	225	not more than forty-five days from the date the code-making record is 176
226	226	submitted to the committee pursuant to subsection (e) of this section to 177 Raised Bill No. 427
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228	228
229	229
230	230	LCO No. 2667 7 of 16
231	231
232	232	convene a meeting to approve, disapprove or reject without prejudice 178
233	233	the proposed code, in whole or in part. If the proposed code is 179
234	234	withdrawn, the State Fire Marshal shall resubmit the proposed code and 180
235	235	the committee shall have not more than forty-five days from the date of 181
236	236	such resubmittal to convene a meeting to approve, disapprove or reject 182
237	237	without prejudice the resubmitted proposed code. If the committee 183
238	238	notifies the State Fire Marshal in writing that it is waiving its right to 184
239	239	convene a meeting or does not act on a proposed code or a resubmitted 185
240	240	proposed code, as the case may be, within such forty-five-day period, 186
241	241	the proposed code or resubmitted proposed code shall be deemed to be 187
242	242	approved by the committee. 188
243	243	(g) If the committee disapproves a proposed code, in whole or in part, 189
244	244	the committee shall notify the State Fire Marshal of the disapproval and 190
245	245	the reasons for the disapproval. The State Fire Marshal shall not take 191
246	246	any action to implement such disapproved code, except that the State 192
247	247	Fire Marshal may submit a substantively new proposed code in 193
248	248	accordance with the provisions of this section, provided the General 194
249	249	Assembly may reverse such disapproval in accordance with the 195
250	250	provisions of section 4-171. 196
251	251	(h) If the committee rejects a proposed code without prejudice, in 197
252	252	whole or in part, the committee shall notify the State Fire Marshal of the 198
253	253	reasons for the rejection and the State Fire Marshal shall resubmit the 199
254	254	proposed code in revised form to the committee not later than thirty 200
255	255	days after the date of rejection without prejudice. Each resubmission of 201
256	256	the proposed code under this subsection shall include a summary of any 202
257	257	revisions to the proposed code. The committee shall have not more than 203
258	258	forty-five days after the receipt of the resubmittal to review and take 204
259	259	action on such resubmitted proposed code in the same manner as 205
260	260	provided in subsection (f) of this section. 206
261	261	(i) The State Fire Prevention Code or any amendment thereto 207
262	262	approved or deemed approved by the committee pursuant to subsection 208
263	263	(f) of this section is effective and enforceable against any person or party 209
264	264	upon its posting on the Internet web site of the Department of 210 Raised Bill No. 427
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266	266
267	267
268	268	LCO No. 2667 8 of 16
269	269
270	270	Administrative Services, except that: (1) If a later date is required by 211
271	271	statute or specified in the code, the later date is the effective date, and 212
272	272	(2) a code may not be effective before the effective date of the public act 213
273	273	requiring or permitting the code. Such posting shall include a statement 214
274	274	by the State Fire Marshal certifying that the electronic copy of the code 215
275	275	is a true and accurate copy of the code approved or deemed approved 216
276	276	in accordance with subsection (f) of this section. The electronic copy of 217
277	277	the State Fire Prevention Code posted on the Internet web site of the 218
278	278	Department of Administrative Services shall be the official version for 219
279	279	all purposes, including all legal and administrative proceedings. 220
280	280	(j) No provision of the State Fire Prevention Code or any amendment 221
281	281	thereto adopted after May 31, 2016, is valid unless adopted in 222
282	282	substantial compliance with the requirements of this section. A 223
283	283	proceeding to contest any provision of the code on the ground of 224
284	284	noncompliance with the requirements of this section shall be 225
285	285	commenced within two years from the effective date of the code. 226
286	286	(k) The State Fire Marshal shall advise the public concerning how to 227
287	287	obtain a copy of the State Fire Prevention Code and any amendments 228
288	288	thereto. 229
289	289	Sec. 5. Section 29-292 of the general statutes is repealed and the 230
290	290	following is substituted in lieu thereof (Effective July 1, 2020): 231
291	291	(a) [(1)] The State Fire Marshal and the Codes and Standards 232
292	292	Committee shall adopt and administer a Fire Safety Code and at any 233
293	293	time may amend the same in accordance with the provisions of section 234
294	294	29-292a. The code shall be based on [a] nationally recognized model fire 235
295	295	[code] and life safety codes and shall be revised as deemed necessary to 236
296	296	incorporate advances in technologies and improvements in construction 237
297	297	materials and any subsequent revisions to the code not later than 238
298	298	eighteen months following the date of first publication of such revisions 239
299	299	to the code, unless the State Fire Marshal and the committee certify that 240
300	300	a revision is not necessary for such purpose. [The regulations in said] 241
301	301	On and after the effective date of the adoption of the 2020 Fire Safety 242 Raised Bill No. 427
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303	303
304	304
305	305	LCO No. 2667 9 of 16
306	306
307	307	Code, the code shall provide for reasonable safety from fire, smoke and 243
308	308	panic therefrom, in all buildings and areas adjacent thereto constructed 244
309	309	on and after January 1, 2006, except in private dwellings occupied by 245
310	310	one or two families and upon all premises, and shall include provision 246
311	311	for [(A)] (1) carbon monoxide detection and warning equipment in [(i)] 247
312	312	(A) new residential buildings not exempt under [regulations] the Fire 248
313	313	Safety Code adopted pursuant to this subsection and designed to be 249
314	314	occupied by one or two families for which a building permit for new 250
315	315	occupancy is issued on or after October 1, 2005, and [(ii)] (B) all public 251
316	316	or nonpublic school buildings, and [(B)] (2) smoke detection and 252
317	317	warning equipment in [(i)] (A) residential buildings designed to be 253
318	318	occupied by two or more families, [(ii)] (B) new residential buildings 254
319	319	designed to be occupied by one family for which a building permit for 255
320	320	new occupancy is issued on or after October 1, 1978, requiring 256
321	321	equipment complying with the Fire Safety Code, [and (iii)] (C) new 257
322	322	residential buildings designed to be occupied by one or more families 258
323	323	for which a building permit for new occupancy is issued on or after 259
324	324	October 1, 1985, requiring equipment capable of operation using 260
325	325	alternating current and batteries, and (D) new residential buildings 261
326	326	designed to be occupied by one or more families for which a building 262
327	327	permit for new occupancy is issued on or after July 1, 2020, requiring 263
328	328	equipment capable of operation using any power source permitted in 264
329	329	the standards adopted in the Fire Safety Code. 265
330	330	[(2) Said regulations shall provide the requirements for markings and 266
331	331	literature which shall accompany such equipment sufficient to inform 267
332	332	the occupants and owners of such buildings of the purpose, protective 268
333	333	limitations and correct installation, operating, testing, maintenance and 269
334	334	replacement procedures and servicing instructions for such equipment 270
335	335	and shall require that smoke detection and warning equipment which 271
336	336	is installed in such residential buildings shall be capable of sensing 272
337	337	visible or invisible smoke particles, that the manner and location of 273
338	338	installing smoke detectors shall be approved by the local fire marshal or 274
339	339	building official, that such installation shall not exceed the standards 275
340	340	under which such equipment was tested and approved and that such 276 Raised Bill No. 427
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342	342
343	343
344	344	LCO No. 2667 10 of 16
345	345
346	346	equipment, when activated, shall provide an alarm suitable to warn the 277
347	347	occupants, provided each hotel, motel or inn shall install or furnish such 278
348	348	equipment which, when activated, shall provide a visible alarm suitable 279
349	349	to warn occupants, in at least one per cent of the units or rooms in such 280
350	350	establishment having one hundred or more units or rooms and in 281
351	351	establishments having less than one hundred units or rooms, it shall 282
352	352	install or furnish at least one such alarm. 283
353	353	(3) Said regulations shall (A) provide the requirements and 284
354	354	specifications for the installation and use of carbon monoxide detection 285
355	355	and warning equipment and shall include, but not be limited to, the 286
356	356	location, power requirements and standards for such equipment and 287
357	357	exemptions for buildings that do not pose a risk of carbon monoxide 288
358	358	poisoning due to sole dependence on systems that do not emit carbon 289
359	359	monoxide; (B) provide the requirements for testing and inspecting 290
360	360	carbon monoxide detection and warning equipment installed in public 291
361	361	or nonpublic school buildings and shall include, but not be limited to, 292
362	362	the frequency with which such equipment shall be tested and inspected; 293
363	363	(C) require that, for a public or nonpublic school building, (i) any carbon 294
364	364	monoxide detection equipment installed in any such building meet or 295
365	365	exceed Underwriters Laboratories Standard Number 2075, or (ii) any 296
366	366	carbon monoxide warning equipment installed in any such building 297
367	367	meet or exceed Underwriters Laboratories Standard Number 2034; (D) 298
368	368	require the installation and maintenance of such detection or warning 299
369	369	equipment to comply with the manufacturer's instructions and with the 300
370	370	standards set forth by the National Fire Protection Association; and (E) 301
371	371	prohibit, for public and nonpublic school buildings for which a building 302
372	372	permit for new occupancy is issued on or after January 1, 2012, the 303
373	373	installation of any battery-operated carbon monoxide warning 304
374	374	equipment or any plug-in carbon monoxide warning equipment that 305
375	375	has a battery as its back-up power source.] 306
376	376	(b) (1) No certificate of occupancy shall be issued for any residential 307
377	377	building designed to be occupied by two or more families, or any new 308
378	378	residential building designed to be occupied by one or more families for 309
379	379	which a building permit for new occupancy is issued on or after October 310 Raised Bill No. 427
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381	381
382	382
383	383	LCO No. 2667 11 of 16
384	384
385	385	1, 1978, unless the local fire marshal or building official has certified that 311
386	386	such building is equipped with smoke detection and warning 312
387	387	equipment complying with the Fire Safety Code and the State Building 313
388	388	Code. 314
389	389	(2) No certificate of occupancy shall be issued for any (A) new 315
390	390	residential building not exempt under [regulations adopted pursuant to 316
391	391	subsection (a) of this section and designed to be occupied by one or two 317
392	392	families] the Fire Safety Code for which a building permit for new 318
393	393	occupancy is issued on or after October 1, 2005, or (B) public or 319
394	394	nonpublic school building for which a building permit for new 320
395	395	occupancy is issued on or after January 1, 2012, unless the local fire 321
396	396	marshal or building official has certified that such residential or school 322
397	397	building is equipped with carbon monoxide detection and warning 323
398	398	equipment complying with the Fire Safety Code and the State Building 324
399	399	Code. 325
400	400	(c) (1) No municipality, local or regional board of education, or 326
401	401	supervisory agent of a nonpublic school, and (2) no employee, officer or 327
402	402	agent of such municipality, board of education or supervisory agent 328
403	403	acting without malice, in good faith and within the scope of his or her 329
404	404	employment or official duties shall be liable for any damage to any 330
405	405	person or property resulting from the failure to detect carbon monoxide 331
406	406	within a public school building, provided carbon monoxide detection 332
407	407	equipment is installed and maintained in accordance with the 333
408	408	manufacturer's published instructions and with the [regulations] Fire 334
409	409	Safety Code established pursuant to this section. 335
410	410	Sec. 6. Section 29-293 of the general statutes is repealed and the 336
411	411	following is substituted in lieu thereof (Effective July 1, 2020): 337
412	412	(a) The Fire Safety Code and the State Fire Prevention Code shall 338
413	413	specify reasonable minimum requirements for fire safety in new and 339
414	414	existing buildings and facilities. 340
415	415	(b) The State Fire Code and the State Fire Prevention Code shall, and 341
416	416	any municipality may, by ordinance, require the establishment of one 342 Raised Bill No. 427
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418	418
419	419
420	420	LCO No. 2667 12 of 16
421	421
422	422	or more fire zones for the orderly access of fire and other emergency 343
423	423	equipment to buildings or facilities open to the public. Any such 344
424	424	ordinance may be in accordance with the (1) size, type of construction 345
425	425	and nature of use or occupancy of such buildings or facilities, and (2) 346
426	426	the fire suppression equipment and method of attack utilized by the fire 347
427	427	department. 348
428	428	Sec. 7. Section 29-296 of the general statutes is repealed and the 349
429	429	following is substituted in lieu thereof (Effective July 1, 2020): 350
430	430	The State Fire Marshal may grant variations or exemptions from, or 351
431	431	approve equivalent or alternate compliance with, particular provisions 352
432	432	of [any regulation issued under the provisions of section 29-292] the Fire 353
433	433	Safety Code or the State Fire Prevention Code where strict compliance 354
434	434	with such provisions would entail practical difficulty or unnecessary 355
435	435	hardship, or is otherwise adjudged unwarranted, provided any such 356
436	436	variation or exemption or approved equivalent or alternate compliance 357
437	437	shall, in the opinion of the State Fire Marshal, secure the public safety. 358
438	438	Any application for a variation or exemption or equivalent or alternate 359
439	439	compliance received by a local fire marshal shall be forwarded to the 360
440	440	State Fire Marshal by first class mail within fifteen business days of 361
441	441	receipt by such local fire marshal and shall be accompanied by a letter 362
442	442	from such local fire marshal that shall include comments on the merits 363
443	443	of the application. 364
444	444	Sec. 8. Subsection (b) of section 29-305 of the general statutes is 365
445	445	repealed and the following is substituted in lieu thereof (Effective July 1, 366
446	446	2020): 367
447	447	(b) Each local fire marshal shall inspect or cause to be inspected, at 368
448	448	least once each calendar year or as often as prescribed by the State Fire 369
449	449	Marshal pursuant to subsection (e) of this section, in the interests of 370
450	450	public safety, all buildings and facilities of public service and all 371
451	451	occupancies regulated by the Fire Safety Code or the State Fire 372
452	452	Prevention Code within the local fire marshal's jurisdiction, except 373
453	453	residential buildings designed to be occupied by one or two families 374 Raised Bill No. 427
454	454
455	455
456	456
457	457	LCO No. 2667 13 of 16
458	458
459	459	which shall be inspected, upon complaint or request of an owner or 375
460	460	occupant, only for the purpose of determining whether the 376
461	461	requirements specified in said codes relative to smoke detection and 377
462	462	warning equipment have been satisfied. In the case of a school building, 378
463	463	each local fire marshal shall submit a written report to the local or 379
464	464	regional board of education documenting each such inspection. 380
465	465	Sec. 9. Subsection (c) of section 29-306 of the general statutes is 381
466	466	repealed and the following is substituted in lieu thereof (Effective July 1, 382
467	467	2020): 383
468	468	(c) If the local fire marshal or a local police officer determines that 384
469	469	there exists in a building a risk of death or injury from (1) blocked, 385
470	470	insufficient or impeded egress, (2) failure to maintain or the shutting off 386
471	471	of any fire protection or fire warning system required by the Fire Safety 387
472	472	Code or State Fire Prevention Code, (3) the storage of any flammable or 388
473	473	explosive material without a permit or in quantities in excess of any 389
474	474	allowable limits pursuant to a permit, (4) the use of any firework or 390
475	475	pyrotechnic device without a permit, or (5) exceeding the occupancy 391
476	476	limit established by the State Fire Marshal or a local fire marshal, such 392
477	477	fire marshal or police officer may issue a verbal or written order to 393
478	478	immediately vacate the building. Such fire marshal or police officer shall 394
479	479	notify or submit a copy of such order to the State Fire Marshal if such 395
480	480	marshal or officer anticipates that any of the conditions specified in 396
481	481	subdivisions (1) to (5), inclusive, of this subsection cannot be abated in 397
482	482	four hours or less from the time of such order. Upon receipt of any such 398
483	483	notification or copy, the State Fire Marshal shall review such order to 399
484	484	vacate, and after consultation with the local fire marshal or local police 400
485	485	officer, determine whether to uphold, modify or reverse such order, 401
486	486	with any further conditions the State Fire Marshal deems appropriate to 402
487	487	protect any person from injury. A violation of such order shall be subject 403
488	488	to the penalties under section [29-295] 29-291c, as amended by this act. 404
489	489	Sec. 10. Section 29-310 of the general statutes is repealed and the 405
490	490	following is substituted in lieu thereof (Effective July 1, 2020): 406 Raised Bill No. 427
491	491
492	492
493	493
494	494	LCO No. 2667 14 of 16
495	495
496	496	(a) The Commissioner of Emergency Services and Public Protection 407
497	497	shall thoroughly investigate the cause, circumstances and origin of all 408
498	498	fires or explosions to which [his] the commissioner's attention has been 409
499	499	called, in accordance with the provisions of this part, by reason of which 410
500	500	any property has been destroyed or damaged, or any person injured or 411
501	501	killed, and shall especially examine and decide as to whether such fire 412
502	502	was the result of carelessness, design, an incendiary device or any other 413
503	503	criminal act. [He] The commissioner may take the testimony under oath 414
504	504	of any person supposed to be cognizant of or to have means of 415
505	505	knowledge in relation to the matters as to which an examination is being 416
506	506	made, and shall cause the same to be reduced to writing and filed in 417
507	507	[his] the commissioner's office; and if, in [his] the commissioner's 418
508	508	opinion, there is sufficient evidence to warrant that any person should 419
509	509	be charged with the crime of arson or any other crime, [he] the 420
510	510	commissioner shall forthwith submit such evidence, together with the 421
511	511	names of the witnesses and all other information obtained by [him] the 422
512	512	commissioner, to the proper prosecuting officer. [He] The commissioner 423
513	513	may, in any investigation, issue subpoenas for the purposes of 424
514	514	summoning and compelling the attendance of witnesses before [him] 425
515	515	the commissioner to testify. [He] The commissioner may administer 426
516	516	oaths or affirmations to witnesses before [him] the commissioner, and 427
517	517	false swearing therein shall be perjury. [He] The commissioner, or a 428
518	518	designee, may, in the performance of [his] their duties, enter [, by 429
519	519	himself or his assistants,] into and upon the premises or building where 430
520	520	any fire or explosion has occurred and premises thereto adjacent in 431
521	521	accordance with the provisions of section 29-311. 432
522	522	(b) Whenever it comes to [his] the commissioner's knowledge or to 433
523	523	the knowledge of any local fire marshal that there exists in any building 434
524	524	or upon any premises combustible material or flammable conditions 435
525	525	dangerous to the safety of such building or premises or dangerous to 436
526	526	any other building or property, or conditions that present a fire hazard 437
527	527	to the occupants thereof, the State Fire Marshal, or any local fire marshal, 438
528	528	obtaining such knowledge, shall order such material to be forthwith 439
529	529	removed or such conditions remedied by the owner or occupant of such 440 Raised Bill No. 427
530	530
531	531
532	532
533	533	LCO No. 2667 15 of 16
534	534
535	535	building or premises, and such owner or occupant shall be subject to the 441
536	536	penalties prescribed [by] in section [29-295] 29-291c, as amended by this 442
537	537	act, and, in addition thereto, shall suffer a penalty of one hundred 443
538	538	dollars a day for each day of neglect, to be recovered in a proper action 444
539	539	in the name of the state. 445
540	540	Sec. 11. Section 29-313 of the general statutes is repealed and the 446
541	541	following is substituted in lieu thereof (Effective July 1, 2020): 447
542	542	(a) No fire extinguishing agent used in a fire extinguisher or fire 448
543	543	extinguishing device may contain an active ingredient having a level of 449
544	544	toxicity equal to or greater than the vapors of carbon tetrachloride or 450
545	545	chlorobromomethane or the thermal decomposition products resulting 451
546	546	therefrom. 452
547	547	(b) No fire extinguisher or fire extinguishing device containing an 453
548	548	active agent having a level of toxicity equal to or greater than the vapors 454
549	549	of carbon tetrachloride or chlorobromomethane or the thermal 455
550	550	decomposition products resulting therefrom shall be used or installed 456
551	551	for use in any school bus or motor vehicle used for the transportation of 457
552	552	passengers for hire. The owner or operator of any such bus or vehicle 458
553	553	who violates any provision of this subsection shall be fined not more 459
554	554	than two hundred dollars or imprisoned not more than three months, 460
555	555	or both. 461
556	556	(c) Any person who sells, offers for sale or gives to another any fire 462
557	557	extinguisher or fire extinguishing device, containing or designed to 463
558	558	contain an active agent having an ingredient prohibited by subsection 464
559	559	(a) of this section shall be subject to the penalties prescribed [by] in 465
560	560	section [29-295] 29-291c, as amended by this act. 466
561	561	Sec. 12. Section 29-314 of the general statutes is repealed and the 467
562	562	following is substituted in lieu thereof (Effective July 1, 2020): 468
563	563	Any person who sells, offers to sell or displays for sale any portable 469
564	564	fire extinguisher or any flame-proofing or fire retardant coating or 470
565	565	compound, unless such fire extinguisher, coating or compound has been 471 Raised Bill No. 427
566	566
567	567
568	568
569	569	LCO No. 2667 16 of 16
570	570
571	571	tested, listed and rated as satisfactory for its intended purpose by a 472
572	572	nationally recognized testing laboratory acceptable to the State Fire 473
573	573	Marshal and, in the case of a fire extinguisher, unless such fire 474
574	574	extinguisher contains no active agent having an ingredient prohibited 475
575	575	by section 29-313, as amended by this act, shall be subject to the penalties 476
576	576	prescribed in section [29-295] 29-291c, as amended by this act. 477
577	577	Sec. 13. Sections 29-291b and 29-295 of the general statutes are 478
578	578	repealed. (Effective July 1, 2020) 479
579	579	This act shall take effect as follows and shall amend the following
580	580	sections:
581	581
582	582	Section 1 July 1, 2020 29-291a
583	583	Sec. 2 July 1, 2020 29-291c
584	584	Sec. 3 July 1, 2020 29-291d
585	585	Sec. 4 July 1, 2020 29-291e
586	586	Sec. 5 July 1, 2020 29-292
587	587	Sec. 6 July 1, 2020 29-293
588	588	Sec. 7 July 1, 2020 29-296
589	589	Sec. 8 July 1, 2020 29-305(b)
590	590	Sec. 9 July 1, 2020 29-306(c)
591	591	Sec. 10 July 1, 2020 29-310
592	592	Sec. 11 July 1, 2020 29-313
593	593	Sec. 12 July 1, 2020 29-314
594	594	Sec. 13 July 1, 2020 Repealer section
595	595
596	596	Statement of Purpose:
597	597	To (1) rename an advisory committee as the Fire Prevention Code
598	598	Committee, (2) clarify the application and enforcement of the State Fire
599	599	Prevention Code and the Fire Safety Code, and (3) make technical
600	600	changes.
601	601	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
602	602	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
603	603	underlined.]
604	604