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 Section 29-291a of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2020): 2 (a) (1) The State Fire Marshal, in coordination with the [advisory 3 committee]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