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3 | + | LCO \\PRDFS1\HCOUSERS\BARRYJN\WS\2021HB-06600-R01- | |
4 | + | HB.docx | |
5 | + | 1 of 5 | |
6 | + | ||
7 | + | General Assembly Substitute Bill No. 6600 | |
8 | + | January Session, 2021 | |
1 | 9 | ||
2 | 10 | ||
3 | 11 | ||
4 | - | Substitute House Bill No. 6600 | |
5 | - | ||
6 | - | Public Act No. 21-165 | |
7 | 12 | ||
8 | 13 | ||
9 | 14 | AN ACT CONCERNING SM OKE DETECTION AND WA RNING | |
10 | - | EQUIPMENT, THE STATE FIRE PREVENTION AND FIRE SAFETY | |
11 | - | CODES, THE CODE TRAINING AND EDUCATION BOARD OF | |
12 | - | CONTROL, TEMPORARY FIRE MARSHALS, CERTAIN FIRE | |
13 | - | REPORTS AND SMALL WATER HEATERS. | |
15 | + | EQUIPMENT IN ALL RESIDENTIAL BUILDINGS. | |
14 | 16 | Be it enacted by the Senate and House of Representatives in General | |
15 | 17 | Assembly convened: | |
16 | 18 | ||
17 | - | Section 1. Section 29-292 of the general statutes is repealed and the | |
18 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
19 | - | (a) (1) The State Fire Marshal and the Codes and Standards | |
20 | - | Committee shall adopt and administer a Fire Safety Code and at any | |
21 | - | time may amend the same in accordance with the provisions of section | |
22 | - | 29-292a. The code shall be based on [a] nationally recognized model fire | |
23 | - | [code] and life safety codes and shall be revised as deemed necessary to | |
24 | - | incorporate advances in technologies and improvements in construction | |
25 | - | materials and any subsequent revisions to the [code] model fire and life | |
26 | - | safety codes not later than eighteen months following the date of first | |
27 | - | publication of such revisions, [to the code,] unless the State Fire Marshal | |
28 | - | and the committee certify that a revision is not necessary for such | |
29 | - | purpose. The [regulations in said] code shall provide for reasonable | |
30 | - | safety from fire, smoke and panic therefrom, in all buildings, structures | |
31 | - | and areas adjacent [thereto] to such buildings and structures, except in | |
32 | - | private dwellings occupied by one or two families and upon all Substitute House Bill No. 6600 | |
19 | + | Section 1. Section 29-292 of the general statutes is repealed and the 1 | |
20 | + | following is substituted in lieu thereof (Effective from passage): 2 | |
21 | + | (a) (1) The State Fire Marshal and the Codes and Standards 3 | |
22 | + | Committee shall adopt and administer a Fire Safety Code and at any 4 | |
23 | + | time may amend the [same] code in accordance with the provisions of 5 | |
24 | + | section 29-292a. The code shall be based on a nationally recognized 6 | |
25 | + | model fire code and shall be revised as deemed necessary to incorporate 7 | |
26 | + | advances in technologies and improvements in construction materials 8 | |
27 | + | and any subsequent revisions to the code not later than eighteen months 9 | |
28 | + | following the date of first publication of such revisions to the model fire 10 | |
29 | + | code, unless the State Fire Marshal and the committee certify that a 11 | |
30 | + | revision is not necessary for such purpose. The [regulations in said] code 12 | |
31 | + | shall provide for reasonable safety from fire, smoke and panic 13 | |
32 | + | therefrom, in all buildings and areas adjacent thereto except in private 14 | |
33 | + | dwellings occupied by one or two families and upon all premises, and 15 | |
34 | + | shall include provision for (A) carbon monoxide detection and warning 16 | |
35 | + | equipment in (i) new residential buildings not exempt under 17 | |
36 | + | [regulations adopted pursuant to this subsection] the code and designed 18 Substitute Bill No. 6600 | |
33 | 37 | ||
34 | - | Public Act No. 21-165 2 of 16 | |
35 | 38 | ||
36 | - | premises. [, and] The code shall [include provision for (A)] require (1) | |
37 | - | carbon monoxide detection and warning equipment in [(i)] (A) new | |
38 | - | residential buildings not exempt under [regulations adopted pursuant | |
39 | - | to this subsection] the code and designed to be occupied by one or two | |
40 | - | families for which a building permit for new occupancy is issued on or | |
41 | - | after October 1, 2005, and [(ii)] (B) all public or nonpublic school | |
42 | - | buildings, and [(B)] (2) smoke detection and warning equipment in [(i)] | |
43 | - | (A) residential buildings designed to be occupied by [two] one or more | |
44 | - | families [, (ii) new residential buildings designed to be occupied by one | |
45 | - | family for which a building permit for new occupancy is issued on or | |
46 | - | after October 1, 1978, requiring equipment complying with the Fire | |
47 | - | Safety Code, and (iii) new residential buildings designed to be occupied | |
48 | - | by one or more families for which a building permit for new occupancy | |
49 | - | is issued on or after October 1, 1985, requiring equipment capable of | |
50 | - | operation using alternating current and batteries] when a smoke | |
51 | - | detection and warning system is installed or replaced, and (B) new | |
52 | - | residential buildings designed to be occupied by one or more families | |
53 | - | for which a building permit for new occupancy is issued on or after July | |
54 | - | 1, 2021, requiring in buildings described in subparagraphs (A) and (B) | |
55 | - | of this subdivision, equipment capable of operation using any power | |
56 | - | source permitted in the standards adopted in the code. | |
57 | - | (2) [Said regulations] The Fire Safety Code shall [provide the | |
58 | - | requirements for markings and literature which shall accompany such | |
59 | - | equipment sufficient to inform the occupants and owners of such | |
60 | - | buildings of the purpose, protective limitations and correct installation, | |
61 | - | operating, testing, maintenance and replacement procedures and | |
62 | - | servicing instructions for such equipment and shall require that smoke | |
63 | - | detection and warning equipment which is installed in such residential | |
64 | - | buildings shall be capable of sensing visible or invisible smoke particles, | |
65 | - | that the manner and location of installing smoke detectors shall be | |
66 | - | approved by the local fire marshal or building official, that such | |
67 | - | installation shall not exceed the standards under which such equipment Substitute House Bill No. 6600 | |
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69 | - | Public Act No. 21-165 3 of 16 | |
43 | + | to be occupied by one or two families for which a building permit for 19 | |
44 | + | new occupancy is issued on or after October 1, 2005, and (ii) all public 20 | |
45 | + | or nonpublic school buildings, and (B) smoke detection and warning 21 | |
46 | + | equipment in [(i)] residential buildings designed to be occupied by [two] 22 | |
47 | + | one or more families. [, (ii) new residential buildings designed to be 23 | |
48 | + | occupied by one family for which a building permit for new occupancy 24 | |
49 | + | is issued on or after October 1, 1978, requiring equipment complying 25 | |
50 | + | with the Fire Safety Code, and (iii) new residential buildings designed 26 | |
51 | + | to be occupied by one or more families for which a building permit for 27 | |
52 | + | new occupancy is issued on or after October 1, 1985, requiring 28 | |
53 | + | equipment capable of operation using alternating current and batteries.] 29 | |
54 | + | (2) [Said regulations] The Fire Safety Code shall provide the 30 | |
55 | + | requirements for markings and literature which shall accompany such 31 | |
56 | + | equipment sufficient to inform the occupants and owners of such 32 | |
57 | + | buildings of the purpose, protective limitations and correct installation, 33 | |
58 | + | operating, testing, maintenance and replacement procedures and 34 | |
59 | + | servicing instructions for such equipment and shall require that smoke 35 | |
60 | + | detection and warning equipment which is installed in such residential 36 | |
61 | + | buildings shall be capable of sensing visible or invisible smoke particles, 37 | |
62 | + | that the manner and location of installing smoke detectors shall be 38 | |
63 | + | approved by the local fire marshal or building official, that such 39 | |
64 | + | installation shall not exceed the standards under which such equipment 40 | |
65 | + | was tested and approved and that such equipment, when activated, 41 | |
66 | + | shall provide an alarm suitable to warn the occupants, provided each 42 | |
67 | + | hotel, motel or inn shall install or furnish such equipment which, when 43 | |
68 | + | activated, shall provide a visible alarm suitable to warn occupants, in at 44 | |
69 | + | least one per cent of the units or rooms in such establishment having 45 | |
70 | + | one hundred or more units or rooms and in establishments having less 46 | |
71 | + | than one hundred units or rooms, it shall install or furnish at least one 47 | |
72 | + | such alarm. 48 | |
73 | + | (3) [Said regulations] The Fire Safety Code shall (A) provide the 49 | |
74 | + | requirements and specifications for the installation and use of carbon 50 | |
75 | + | monoxide detection and warning equipment and shall include, but not 51 Substitute Bill No. 6600 | |
70 | 76 | ||
71 | - | was tested and approved and that such equipment, when activated, | |
72 | - | shall provide an alarm suitable to warn the occupants, provided] require | |
73 | - | each hotel, motel or inn [shall] to install or furnish [such] smoke | |
74 | - | detection and warning equipment which, when activated, shall provide | |
75 | - | a visible alarm suitable to warn occupants, in at least one per cent of the | |
76 | - | units or rooms in such establishment having one hundred or more units | |
77 | - | or rooms and to install or furnish at least one such visible alarm in | |
78 | - | establishments having less than one hundred units or rooms. [, it shall | |
79 | - | install or furnish at least one such alarm.] | |
80 | - | [(3) Said regulations shall (A) provide the requirements and | |
81 | - | specifications for the installation and use of carbon monoxide detection | |
82 | - | and warning equipment and shall include, but not be limited to, the | |
83 | - | location, power requirements and standards for such equipment and | |
84 | - | exemptions for buildings that do not pose a risk of carbon monoxide | |
85 | - | poisoning due to sole dependence on systems that do not emit carbon | |
86 | - | monoxide; (B) provide the requirements for testing and inspecting | |
87 | - | carbon monoxide detection and warning equipment installed in public | |
88 | - | or nonpublic school buildings and shall include, but not be limited to, | |
89 | - | the frequency with which such equipment shall be tested and inspected; | |
90 | - | (C) require that, for a public or nonpublic school building, (i) any carbon | |
91 | - | monoxide detection equipment installed in any such building meet or | |
92 | - | exceed Underwriters Laboratories Standard Number 2075, or (ii) any | |
93 | - | carbon monoxide warning equipment installed in any such building | |
94 | - | meet or exceed Underwriters Laboratories Standard Number 2034; (D) | |
95 | - | require the installation and maintenance of such detection or warning | |
96 | - | equipment to comply with the manufacturer's instructions and with the | |
97 | - | standards set forth by the National Fire Protection Association; and (E) | |
98 | - | prohibit, for public and nonpublic school buildings for which a building | |
99 | - | permit for new occupancy is issued on or after January 1, 2012, the | |
100 | - | installation of any battery-operated carbon monoxide warning | |
101 | - | equipment or any plug-in carbon monoxide warning equipment that | |
102 | - | has a battery as its back-up power source.] Substitute House Bill No. 6600 | |
103 | 77 | ||
104 | - | Public Act No. 21-165 4 of 16 | |
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105 | 81 | ||
106 | - | (b) (1) No certificate of occupancy shall be issued for any residential | |
107 | - | building designed to be occupied by [two or more families, or any new | |
108 | - | residential building designed to be occupied by] one or more families, | |
109 | - | [for which a building permit for new occupancy is issued on or after | |
110 | - | October 1, 1978,] unless the local fire marshal or building official has | |
111 | - | certified that such building is equipped with smoke detection and | |
112 | - | warning equipment complying with the Fire Safety Code and State | |
113 | - | Building Code. | |
114 | - | (2) No certificate of occupancy shall be issued for any (A) new | |
115 | - | residential building not exempt under [regulations adopted pursuant to | |
116 | - | subsection (a) of this section and designed to be occupied by one or two | |
117 | - | families for which a building permit for new occupancy is issued on or | |
118 | - | after October 1, 2005] the Fire Safety Code, or (B) public or nonpublic | |
119 | - | school building for which a building permit for new occupancy is issued | |
120 | - | on or after January 1, 2012, unless the local fire marshal or building | |
121 | - | official has certified that such residential or school building is equipped | |
122 | - | with carbon monoxide detection and warning equipment complying | |
123 | - | with the Fire Safety Code and State Building Code. | |
124 | - | (c) (1) No municipality, local or regional board of education, or | |
125 | - | supervisory agent of a nonpublic school, and (2) no employee, officer or | |
126 | - | agent of such municipality, board of education or supervisory agent | |
127 | - | acting without malice, in good faith and within the scope of his or her | |
128 | - | employment or official duties shall be liable for any damage to any | |
129 | - | person or property resulting from the failure to detect carbon monoxide | |
130 | - | within a public school building, provided carbon monoxide detection | |
131 | - | equipment is installed and maintained in accordance with the | |
132 | - | manufacturer's published instructions and with the [regulations | |
133 | - | established pursuant to this section] Fire Safety Code. | |
134 | - | Sec. 2. Section 20-491 of the general statutes is repealed and the | |
135 | - | following is substituted in lieu thereof (Effective July 1, 2021): Substitute House Bill No. 6600 | |
82 | + | be limited to, the location, power requirements and standards for such 52 | |
83 | + | equipment and exemptions for buildings that do not pose a risk of 53 | |
84 | + | carbon monoxide poisoning due to sole dependence on systems that do 54 | |
85 | + | not emit carbon monoxide; (B) provide the requirements for testing and 55 | |
86 | + | inspecting carbon monoxide detection and warning equipment installed 56 | |
87 | + | in public or nonpublic school buildings and shall include, but not be 57 | |
88 | + | limited to, the frequency with which such equipment shall be tested and 58 | |
89 | + | inspected; (C) require that, for a public or nonpublic school building, (i) 59 | |
90 | + | any carbon monoxide detection equipment installed in any such 60 | |
91 | + | building meet or exceed Underwriters Laboratories Standard Number 61 | |
92 | + | 2075, or (ii) any carbon monoxide warning equipment installed in any 62 | |
93 | + | such building meet or exceed Underwriters Laboratories Standard 63 | |
94 | + | Number 2034; (D) require the installation and maintenance of such 64 | |
95 | + | detection or warning equipment to comply with the manufacturer's 65 | |
96 | + | instructions and with the standards set forth by the National Fire 66 | |
97 | + | Protection Association; and (E) prohibit, for public and nonpublic 67 | |
98 | + | school buildings for which a building permit for new occupancy is 68 | |
99 | + | issued on or after January 1, 2012, the installation of any battery-69 | |
100 | + | operated carbon monoxide warning equipment or any plug-in carbon 70 | |
101 | + | monoxide warning equipment that has a battery as its back-up power 71 | |
102 | + | source. 72 | |
103 | + | (b) (1) No certificate of occupancy shall be issued for any residential 73 | |
104 | + | building designed to be occupied by two or more families, or any new 74 | |
105 | + | residential building designed to be occupied by one or more families for 75 | |
106 | + | which a building permit for new occupancy is issued on or after October 76 | |
107 | + | 1, 1978, unless the local fire marshal or building official has certified that 77 | |
108 | + | such building is equipped with smoke detection and warning 78 | |
109 | + | equipment complying with the Fire Safety Code. 79 | |
110 | + | (2) No certificate of occupancy shall be issued for any (A) new 80 | |
111 | + | residential building not exempt under [regulations adopted pursuant to 81 | |
112 | + | subsection (a) of this section] the Fire Safety Code and designed to be 82 | |
113 | + | occupied by one or two families for which a building permit for new 83 | |
114 | + | occupancy is issued on or after October 1, 2005, or (B) public or 84 Substitute Bill No. 6600 | |
136 | 115 | ||
137 | - | Public Act No. 21-165 5 of 16 | |
138 | 116 | ||
139 | - | (a) The commissioner, with the advice and assistance of the board, | |
140 | - | shall adopt regulations, in accordance with the provisions of chapter 54, | |
141 | - | to: (1) Establish such qualifications for the licensing of home inspectors | |
142 | - | as the commissioner finds necessary for the public interest; (2) establish | |
143 | - | an application process for persons seeking a license as a home inspector; | |
144 | - | (3) establish continuing education requirements and standards of | |
145 | - | professional and ethical conduct for home inspectors; (4) publish a code | |
146 | - | of ethics for home inspectors; [and] (5) establish such reasonable rules | |
147 | - | and regulations as the commissioner may deem necessary or desirable | |
148 | - | to carry out and enforce the provisions of sections 20-490 to 20-495a, | |
149 | - | inclusive; and (6) establish a minimum and uniform standard for a home | |
150 | - | inspection. The minimum and uniform standard for a home inspection | |
151 | - | shall include a requirement that a home inspector report on the presence | |
152 | - | of smoke detection and warning equipment and specify where such | |
153 | - | equipment is located, the total number of such equipment, whether the | |
154 | - | home inspector is able to test such equipment, and whether the home | |
155 | - | inspector is able to verify that such equipment was less than ten years | |
156 | - | old. | |
157 | - | (b) The commissioner, with the advice and assistance of the board, | |
158 | - | shall adopt regulations, in accordance with the provisions of chapter 54, | |
159 | - | to: (1) Establish the requirements for obtaining a permit as a home | |
160 | - | inspector intern; (2) establish application procedures for persons | |
161 | - | seeking a permit as a home inspector intern; (3) prescribe rules and | |
162 | - | standards concerning the supervision of home inspector interns by | |
163 | - | licensed home inspectors; and (4) adopt such reasonable regulations as | |
164 | - | the commissioner may deem necessary or desirable to carry out and | |
165 | - | enforce the provisions of sections 20-490 to 20-495a, inclusive. Such | |
166 | - | regulations shall require, as a condition of receiving a permit as a home | |
167 | - | inspector intern, that the applicant enroll in and complete a board- | |
168 | - | approved training program which may include a home study course. | |
169 | - | (c) The commissioner shall establish rules concerning hearings on any Substitute House Bill No. 6600 | |
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170 | 120 | ||
171 | - | Public Act No. 21-165 6 of 16 | |
121 | + | nonpublic school building for which a building permit for new 85 | |
122 | + | occupancy is issued on or after January 1, 2012, unless the local fire 86 | |
123 | + | marshal or building official has certified that such residential or school 87 | |
124 | + | building is equipped with carbon monoxide detection and warning 88 | |
125 | + | equipment complying with the Fire Safety Code. 89 | |
126 | + | (c) (1) No municipality, local or regional board of education, or 90 | |
127 | + | supervisory agent of a nonpublic school, and (2) no employee, officer or 91 | |
128 | + | agent of such municipality, board of education or supervisory agent 92 | |
129 | + | acting without malice, in good faith and within the scope of his or her 93 | |
130 | + | employment or official duties shall be liable for any damage to any 94 | |
131 | + | person or property resulting from the failure to detect carbon monoxide 95 | |
132 | + | within a public school building, provided carbon monoxide detection 96 | |
133 | + | equipment is installed and maintained in accordance with the 97 | |
134 | + | manufacturer's published instructions and with the [regulations 98 | |
135 | + | established pursuant to this section] Fire Safety Code. 99 | |
136 | + | Sec. 2. Section 20-491 of the general statutes is repealed and the 100 | |
137 | + | following is substituted in lieu thereof (Effective October 1, 2021): 101 | |
138 | + | (a) The commissioner, with the advice and assistance of the board, 102 | |
139 | + | shall adopt regulations, in accordance with the provisions of chapter 54, 103 | |
140 | + | to: (1) Establish such qualifications for the licensing of home inspectors 104 | |
141 | + | as the commissioner finds necessary for the public interest; (2) establish 105 | |
142 | + | an application process for persons seeking a license as a home inspector; 106 | |
143 | + | (3) establish continuing education requirements and standards of 107 | |
144 | + | professional and ethical conduct for home inspectors; (4) publish a code 108 | |
145 | + | of ethics for home inspectors; [and] (5) establish such reasonable rules 109 | |
146 | + | and regulations as the commissioner may deem necessary or desirable 110 | |
147 | + | to carry out and enforce the provisions of sections 20-490 to 20-495a, 111 | |
148 | + | inclusive; and (6) establish a minimum and uniform standard for any 112 | |
149 | + | home inspector who provides a home inspection. The minimum and 113 | |
150 | + | uniform standard for a home inspector shall, at a minimum, require a 114 | |
151 | + | home inspector providing a home inspection to report on the presence 115 | |
152 | + | of smoke detection and warning equipment and note (A) where such 116 | |
153 | + | equipment is located, (B) the total number of such equipment, (C) 117 Substitute Bill No. 6600 | |
172 | 154 | ||
173 | - | matter under the provisions of sections 20-490 to 20-495a, inclusive. | |
174 | - | Sec. 3. Section 29-291a of the general statutes is repealed and the | |
175 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
176 | - | (a) The State Fire Marshal, in coordination with the advisory | |
177 | - | committee established under subsection (b) of this section and in | |
178 | - | accordance with the provisions of section 29-291e, shall adopt and | |
179 | - | administer a State Fire Prevention Code based on a nationally | |
180 | - | recognized fire [prevention] code. The code shall be used to enhance the | |
181 | - | enforcement capabilities of local fire marshals and for the purposes of | |
182 | - | prevention of fire and other related emergencies. The code shall be | |
183 | - | revised as deemed necessary to incorporate any subsequent revisions to | |
184 | - | the nationally recognized fire code not later than eighteen months | |
185 | - | following the date of first publication of such revisions. The code shall | |
186 | - | include provisions for oil burners, flammable and combustible liquids, | |
187 | - | gas equipment and piping, liquefied gas and liquefied natural gas, [and] | |
188 | - | hazardous chemicals, and processes and activities that occur in all | |
189 | - | buildings and structures regulated by the code and the areas adjacent to | |
190 | - | such buildings and structures. | |
191 | - | (b) There is established an advisory committee consisting of nine | |
192 | - | persons appointed by the State Fire Marshal. The State Fire Marshal | |
193 | - | shall appoint two members selected from a list of individuals submitted | |
194 | - | by the Codes and Standards Committee from the membership of said | |
195 | - | committee and seven members representing local fire marshals, deputy | |
196 | - | fire marshals and fire inspectors selected from a list of individuals | |
197 | - | submitted by the Connecticut Fire Marshals Association. | |
198 | - | (c) The State Fire Marshal may issue official interpretations of the | |
199 | - | State Fire Prevention Code, including interpretations of the applicability | |
200 | - | of any provision of the code, upon the request of any person. The State | |
201 | - | Fire Marshal shall compile and index each interpretation and shall | |
202 | - | publish such interpretations at periodic intervals not exceeding four Substitute House Bill No. 6600 | |
203 | 155 | ||
204 | - | Public Act No. 21-165 7 of 16 | |
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205 | 159 | ||
206 | - | months. | |
207 | - | Sec. 4. Section 29-291c of the general statutes is repealed and the | |
208 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
209 | - | (a) When the State Fire Marshal or a local fire marshal ascertains that | |
210 | - | there exists in any building, or upon any premises, a condition that | |
211 | - | violates the State Fire Prevention Code or Fire Safety Code, the State Fire | |
212 | - | Marshal or local fire marshal shall order such condition remedied by the | |
213 | - | owner or occupant of such building or premises. Any such remedy shall | |
214 | - | be in conformance with all building codes, ordinances, rules and | |
215 | - | regulations of the municipality involved. Such owner or occupant shall | |
216 | - | be subject to the penalties prescribed by subsection (e) of this section | |
217 | - | and, in addition, may be fined fifty dollars a day for each day's | |
218 | - | continuance of each violation, to be recovered in a proper action in the | |
219 | - | name of the state. | |
220 | - | (b) Upon failure of an owner or occupant to abate or remedy a | |
221 | - | violation pursuant to subsection (a) of this section within a reasonable | |
222 | - | period of time specified by the State Fire Marshal or the local fire | |
223 | - | marshal, the local fire marshal shall promptly notify, in writing, the | |
224 | - | prosecuting attorney having jurisdiction in the municipality in which | |
225 | - | such violation or condition exists of all of the relevant facts. The local | |
226 | - | fire marshal may request the chief executive officer, any official of the | |
227 | - | municipality authorized to institute actions on behalf of the | |
228 | - | municipality in which the hazard exists or the State Fire Marshal, to | |
229 | - | apply to any court of equitable jurisdiction for an injunction against | |
230 | - | such owner or occupant for the purpose of closing or restricting from | |
231 | - | public service or use the place or premises containing the violation or | |
232 | - | condition until the violation or condition has been remedied, or the State | |
233 | - | Fire Marshal may apply for such an injunction without such request. | |
234 | - | (c) The State Fire Marshal or any local fire marshal empowered to | |
235 | - | enforce the State Fire Prevention Code or Fire Safety Code may, as an Substitute House Bill No. 6600 | |
160 | + | whether the home inspector is able to test such equipment, and (D) 118 | |
161 | + | whether the home inspector is able to verify that such equipment was 119 | |
162 | + | less than ten years old. 120 | |
163 | + | (b) The commissioner, with the advice and assistance of the board, 121 | |
164 | + | shall adopt regulations in accordance with the provisions of chapter 54 122 | |
165 | + | to: (1) Establish the requirements for obtaining a permit as a home 123 | |
166 | + | inspector intern; (2) establish application procedures for persons 124 | |
167 | + | seeking a permit as a home inspector intern; (3) prescribe rules and 125 | |
168 | + | standards concerning the supervision of home inspector interns by 126 | |
169 | + | licensed home inspectors; and (4) adopt such reasonable regulations as 127 | |
170 | + | the commissioner may deem necessary or desirable to carry out and 128 | |
171 | + | enforce the provisions of sections 20-490 to 20-495a, inclusive. Such 129 | |
172 | + | regulations shall require, as a condition of receiving a permit as a home 130 | |
173 | + | inspector intern, that the applicant enroll in and complete a board-131 | |
174 | + | approved training program which may include a home study course. 132 | |
175 | + | (c) The commissioner shall establish rules concerning hearings on any 133 | |
176 | + | matter under the provisions of sections 20-490 to 20-495a, inclusive. 134 | |
177 | + | This act shall take effect as follows and shall amend the following | |
178 | + | sections: | |
236 | 179 | ||
237 | - | Public Act No. 21-165 8 of 16 | |
180 | + | Section 1 from passage 29-292 | |
181 | + | Sec. 2 October 1, 2021 20-491 | |
238 | 182 | ||
239 | - | alternative to issuing an order pursuant to subsection (a) of this section, | |
240 | - | give the owner or occupant a written citation for any violation of the | |
241 | - | [State Fire Prevention Code] applicable code. No such citation may be | |
242 | - | issued if the owner or occupant has been previously issued a citation for | |
243 | - | the same violation by the State Fire Marshal or the local fire marshal | |
244 | - | within six months prior to the current violation. Such citation shall | |
245 | - | contain the name and address, if known, of the owner or occupant, the | |
246 | - | specific offense charged and the time and place of the violation. The | |
247 | - | citation shall be signed by the State Fire Marshal or local fire marshal | |
248 | - | and shall be signed by the owner or occupant in acknowledgment that | |
249 | - | such citation has been received. The State Fire Marshal or local fire | |
250 | - | marshal shall, if practicable, deliver a copy of the citation to the owner | |
251 | - | or occupant at the time and place of the violation or shall use some other | |
252 | - | reasonable means of notification. Any person who is issued a citation | |
253 | - | for violation of any provision of the State Fire Prevention Code or Fire | |
254 | - | Safety Code in accordance with this subsection shall be fined not more | |
255 | - | than two hundred fifty dollars. | |
256 | - | (d) If a local fire marshal issues a citation pursuant to subsection (c) | |
257 | - | of this section, the state shall remit to the municipalities in which the | |
258 | - | violations occurred ninety per cent of the proceeds of the fine and shall | |
259 | - | remit to the State Treasurer the remaining ten per cent. If the State Fire | |
260 | - | Marshal issues a citation pursuant to said subsection, the state shall | |
261 | - | remit to the State Treasurer the entire proceeds of the fine. Each clerk of | |
262 | - | the Superior Court or the Chief Court Administrator, on or before the | |
263 | - | thirtieth day of January, April, July and October in each year, shall | |
264 | - | certify to the Comptroller the amount due for the previous quarter | |
265 | - | under this subsection to each municipality served by the office of the | |
266 | - | clerk or official. | |
267 | - | (e) In addition to the fine prescribed in subsection (a) of this section, | |
268 | - | any person who violates any provision of the State Fire Prevention Code | |
269 | - | or Fire Safety Code shall be fined not less than two hundred dollars or Substitute House Bill No. 6600 | |
183 | + | Statement of Legislative Commissioners: | |
184 | + | In Section 2(a), Subdivs. (5) and (6) were reordered for clarity. | |
270 | 185 | ||
271 | - | Public Act No. 21-165 9 of 16 | |
272 | - | ||
273 | - | more than one thousand dollars or be imprisoned not more than six | |
274 | - | months, or both. | |
275 | - | Sec. 5. Section 29-296 of the general statutes is repealed and the | |
276 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
277 | - | The State Fire Marshal may grant variations or exemptions from, or | |
278 | - | approve equivalent or alternate compliance with, particular provisions | |
279 | - | of [any regulation issued under the provisions of section 29-292] the Fire | |
280 | - | Safety Code or State Fire Prevention Code where strict compliance with | |
281 | - | such provisions would entail practical difficulty or unnecessary | |
282 | - | hardship, or is otherwise adjudged unwarranted, provided any such | |
283 | - | variation or exemption or approved equivalent or alternate compliance | |
284 | - | shall, in the opinion of the State Fire Marshal, secure the public safety. | |
285 | - | Any application for a variation or exemption or equivalent or alternate | |
286 | - | compliance received by a local fire marshal shall be forwarded to the | |
287 | - | State Fire Marshal by first class mail [within] or electronic mail not later | |
288 | - | than fifteen business days [of] after receipt by such local fire marshal | |
289 | - | and shall be accompanied by a letter or electronic message from such | |
290 | - | local fire marshal [that shall include comments on] regarding the merits | |
291 | - | of the application. | |
292 | - | Sec. 6. Subsection (b) of section 29-305 of the general statutes is | |
293 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
294 | - | 2021): | |
295 | - | (b) Each local fire marshal shall inspect or cause to be inspected, at | |
296 | - | least once each calendar year or as often as prescribed by the State Fire | |
297 | - | Marshal pursuant to subsection (e) of this section, in the interests of | |
298 | - | public safety, all buildings and facilities of public service and all | |
299 | - | occupancies regulated by the Fire Safety Code or State Fire Prevention | |
300 | - | Code within the local fire marshal's jurisdiction, except residential | |
301 | - | buildings designed to be occupied by one or two families which shall be | |
302 | - | inspected, upon complaint or request of an owner or occupant, only for Substitute House Bill No. 6600 | |
303 | - | ||
304 | - | Public Act No. 21-165 10 of 16 | |
305 | - | ||
306 | - | the purpose of determining whether the requirements specified in said | |
307 | - | codes relative to smoke detection and warning equipment have been | |
308 | - | satisfied. In the case of a school building, each local fire marshal shall | |
309 | - | submit a written report to the local or regional board of education | |
310 | - | documenting each such inspection. | |
311 | - | Sec. 7. Subsection (c) of section 29-306 of the general statutes is | |
312 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
313 | - | 2021): | |
314 | - | (c) If the local fire marshal or a local police officer determines that | |
315 | - | there exists in a building a risk of death or injury from (1) blocked, | |
316 | - | insufficient or impeded egress, (2) failure to maintain or the shutting off | |
317 | - | of any fire protection or fire warning system required by the Fire Safety | |
318 | - | Code or State Fire Prevention Code, (3) the storage of any flammable or | |
319 | - | explosive material without a permit or in quantities in excess of any | |
320 | - | allowable limits pursuant to a permit, (4) the use of any firework or | |
321 | - | pyrotechnic device without a permit, or (5) exceeding the occupancy | |
322 | - | limit established by the State Fire Marshal or a local fire marshal, such | |
323 | - | fire marshal or police officer may issue a verbal or written order to | |
324 | - | immediately vacate the building. Such fire marshal or police officer shall | |
325 | - | notify or submit a copy of such order to the State Fire Marshal if such | |
326 | - | marshal or officer anticipates that any of the conditions specified in | |
327 | - | subdivisions (1) to (5), inclusive, of this subsection cannot be abated in | |
328 | - | four hours or less from the time of such order. Upon receipt of any such | |
329 | - | notification or copy, the State Fire Marshal shall review such order to | |
330 | - | vacate, and after consultation with the local fire marshal or local police | |
331 | - | officer, determine whether to uphold, modify or reverse such order, | |
332 | - | with any further conditions the State Fire Marshal deems appropriate to | |
333 | - | protect any person from injury. A violation of such order shall be subject | |
334 | - | to the penalties under section [29-295] 29-291c, as amended by this act. | |
335 | - | Sec. 8. Section 29-310 of the general statutes is repealed and the | |
336 | - | following is substituted in lieu thereof (Effective July 1, 2021): Substitute House Bill No. 6600 | |
337 | - | ||
338 | - | Public Act No. 21-165 11 of 16 | |
339 | - | ||
340 | - | (a) The Commissioner of Emergency Services and Public Protection | |
341 | - | shall thoroughly investigate the cause, circumstances and origin of all | |
342 | - | fires or explosions to which [his] the commissioner's attention has been | |
343 | - | called, in accordance with the provisions of this part, by reason of which | |
344 | - | any property has been destroyed or damaged, or any person injured or | |
345 | - | killed, and shall especially examine and decide as to whether such fire | |
346 | - | was the result of carelessness, design, an incendiary device or any other | |
347 | - | criminal act. [He] The commissioner may take the testimony under oath | |
348 | - | of any person supposed to be cognizant of or to have means of | |
349 | - | knowledge in relation to the matters as to which an examination is being | |
350 | - | made, and shall cause the same to be reduced to writing and filed in | |
351 | - | [his] the commissioner's office; and if, in [his] the commissioner's | |
352 | - | opinion, there is sufficient evidence to warrant that any person should | |
353 | - | be charged with the crime of arson or any other crime, [he] the | |
354 | - | commissioner shall forthwith submit such evidence, together with the | |
355 | - | names of the witnesses and all other information obtained by [him] the | |
356 | - | commissioner, to the proper prosecuting officer. [He] The commissioner | |
357 | - | may, in any investigation, issue subpoenas for the purposes of | |
358 | - | summoning and compelling the attendance of witnesses before [him] | |
359 | - | the commissioner to testify. [He] The commissioner may administer | |
360 | - | oaths or affirmations to witnesses before [him] the commissioner, and | |
361 | - | false swearing therein shall be perjury. [He] The commissioner, or a | |
362 | - | designee, may, in the performance of his or her duties, enter [, by himself | |
363 | - | or his assistants,] into and upon the premises or building where any fire | |
364 | - | or explosion has occurred and premises thereto adjacent in accordance | |
365 | - | with the provisions of section 29-311. | |
366 | - | (b) Whenever it comes to [his] the commissioner's knowledge or to | |
367 | - | the knowledge of any local fire marshal that there exists in any building | |
368 | - | or upon any premises combustible material or flammable conditions | |
369 | - | dangerous to the safety of such building or premises or dangerous to | |
370 | - | any other building or property, or conditions that present a fire hazard | |
371 | - | to the occupants thereof, the State Fire Marshal, or any local fire marshal, Substitute House Bill No. 6600 | |
372 | - | ||
373 | - | Public Act No. 21-165 12 of 16 | |
374 | - | ||
375 | - | obtaining such knowledge, shall order such material to be forthwith | |
376 | - | removed or such conditions remedied by the owner or occupant of such | |
377 | - | building or premises, and such owner or occupant shall be subject to the | |
378 | - | penalties prescribed [by] in section [29-295] 29-291c, as amended by this | |
379 | - | act, and, in addition thereto, shall suffer a penalty of one hundred | |
380 | - | dollars a day for each day of neglect, to be recovered in a proper action | |
381 | - | in the name of the state. | |
382 | - | Sec. 9. Section 29-313 of the general statutes is repealed and the | |
383 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
384 | - | (a) No fire extinguishing agent used in a fire extinguisher or fire | |
385 | - | extinguishing device may contain an active ingredient having a level of | |
386 | - | toxicity equal to or greater than the vapors of carbon tetrachloride or | |
387 | - | chlorobromomethane or the thermal decomposition products resulting | |
388 | - | therefrom. | |
389 | - | (b) No fire extinguisher or fire extinguishing device containing an | |
390 | - | active agent having a level of toxicity equal to or greater than the vapors | |
391 | - | of carbon tetrachloride or chlorobromomethane or the thermal | |
392 | - | decomposition products resulting therefrom shall be used or installed | |
393 | - | for use in any school bus or motor vehicle used for the transportation of | |
394 | - | passengers for hire. The owner or operator of any such bus or vehicle | |
395 | - | who violates any provision of this subsection shall be fined not more | |
396 | - | than two hundred dollars or imprisoned not more than three months, | |
397 | - | or both. | |
398 | - | (c) Any person who sells, offers for sale or gives to another any fire | |
399 | - | extinguisher or fire extinguishing device, containing or designed to | |
400 | - | contain an active agent having an ingredient prohibited by subsection | |
401 | - | (a) of this section shall be subject to the penalties prescribed [by] in | |
402 | - | section [29-295] 29-291c, as amended by this act. | |
403 | - | Sec. 10. Section 29-314 of the general statutes is repealed and the Substitute House Bill No. 6600 | |
404 | - | ||
405 | - | Public Act No. 21-165 13 of 16 | |
406 | - | ||
407 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
408 | - | Any person who sells, offers to sell or displays for sale any portable | |
409 | - | fire extinguisher or any flame-proofing or fire retardant coating or | |
410 | - | compound, unless such fire extinguisher, coating or compound has been | |
411 | - | tested, listed and rated as satisfactory for its intended purpose by a | |
412 | - | nationally recognized testing laboratory acceptable to the State Fire | |
413 | - | Marshal and, in the case of a fire extinguisher, unless such fire | |
414 | - | extinguisher contains no active agent having an ingredient prohibited | |
415 | - | by section 29-313, as amended by this act, shall be subject to the penalties | |
416 | - | prescribed in section [29-295] 29-291c, as amended by this act. | |
417 | - | Sec. 11. Subsection (b) of section 29-251c of the general statutes is | |
418 | - | repealed and the following is substituted in lieu thereof (Effective July 1, | |
419 | - | 2021, and applicable to appointments made on and after said date): | |
420 | - | (b) There is established the Code Training and Education Board of | |
421 | - | Control which shall promote code training and education. No funds | |
422 | - | shall be expended for the purposes listed in subsection (a) of this section | |
423 | - | without prior approval of the Code Training and Education Board of | |
424 | - | Control. The board shall consist of seven members as follows: (1) [Three] | |
425 | - | Four members of the [Building Code Training Council] Codes and | |
426 | - | Standards Committee, one each of whom shall be appointed by the | |
427 | - | speaker [,] and majority leader [and minority leader] of the House of | |
428 | - | Representatives and the president pro tempore and majority leader of | |
429 | - | the Senate, (2) [three members] one member of the Fire Marshal Training | |
430 | - | Council, [one each of whom] who shall be appointed by the [president | |
431 | - | pro tempore, majority leader and] minority leader of the [Senate] House | |
432 | - | of Representatives, (3) one member of the Building Code Training | |
433 | - | Council, who shall be appointed by the minority leader of the Senate, | |
434 | - | and [(3)] (4) one architect, engineer, landscape architect, interior | |
435 | - | designer, builder, contractor or superintendent of construction doing | |
436 | - | business in this state, who shall be appointed by the Commissioner of | |
437 | - | Administrative Services. The members of the board shall continue in Substitute House Bill No. 6600 | |
438 | - | ||
439 | - | Public Act No. 21-165 14 of 16 | |
440 | - | ||
441 | - | office for the term of three years from the first day of July next | |
442 | - | succeeding their appointment. Vacancies on the board shall be filled by | |
443 | - | the original appointing authority for the balance of the unexpired term. | |
444 | - | Sec. 12. Section 29-297 of the general statutes is repealed and the | |
445 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
446 | - | (a) The board of fire commissioners or, in the absence of such board, | |
447 | - | any corresponding authority of each town, city or borough, or, if no such | |
448 | - | board or corresponding authority exists, the legislative body of each | |
449 | - | city, the board of selectmen of each town or the warden and burgesses | |
450 | - | of each borough, or, in the case of an incorporated fire district, the | |
451 | - | executive authority of such district shall appoint a local fire marshal and | |
452 | - | such deputy fire marshals, fire inspectors and other fire code inspectors | |
453 | - | or fire investigators as may be necessary. In making such appointment, | |
454 | - | preference shall be given to a member of the regular or volunteer fire | |
455 | - | department of such municipality. Each local fire marshal shall be sworn | |
456 | - | to the faithful performance of his or her duties by the clerk of the town, | |
457 | - | city, borough or fire district and shall continue to serve in that office | |
458 | - | until removed for cause. Such clerk shall record his or her acceptance of | |
459 | - | the position of local fire marshal and shall report the same in writing to | |
460 | - | the State Fire Marshal within ten days thereafter, giving the name and | |
461 | - | address of the local fire marshal and stating the limits of the territory in | |
462 | - | which the local fire marshal is to serve. | |
463 | - | (b) The board of fire commissioners or, in the absence of such board, | |
464 | - | any corresponding authority of each town, city or borough or, if no such | |
465 | - | board or corresponding authority exists, the legislative body of each | |
466 | - | city, the board of selectmen of each town or the warden and burgesses | |
467 | - | of each borough or, in the case of an incorporated fire district, the | |
468 | - | executive authority of such district may, upon the death, disability, | |
469 | - | dismissal, retirement or revocation of certification of the local fire | |
470 | - | marshal, and in the absence of an existing deputy fire marshal, appoint | |
471 | - | a [deputy fire marshal] person who holds a fire marshal certification Substitute House Bill No. 6600 | |
472 | - | ||
473 | - | Public Act No. 21-165 15 of 16 | |
474 | - | ||
475 | - | issued pursuant to section 29-298 as the acting fire marshal for a period | |
476 | - | not to exceed one hundred eighty days. | |
477 | - | Sec. 13. Section 29-303 of the general statutes is repealed and the | |
478 | - | following is substituted in lieu thereof (Effective July 1, 2021): | |
479 | - | The fire chief or local fire marshal with jurisdiction over a town, city, | |
480 | - | borough or fire district where a fire, explosion or other fire emergency | |
481 | - | occurs shall furnish the State Fire Marshal a report that shall include (1) | |
482 | - | all the facts relating to its cause, its origin, the kind, the estimated value | |
483 | - | and ownership of the property damaged or destroyed, and (2) [the name | |
484 | - | of each firefighter who was (A) present at such fire, explosion or other | |
485 | - | fire emergency, and (B) exposed to heat, radiation or a known or | |
486 | - | suspected carcinogen as a result of such fire, explosion or other fire | |
487 | - | emergency, including the duration of each such firefighter's exposure, | |
488 | - | and (3)] such other information as called for by the State Fire Marshal | |
489 | - | on forms furnished by the State Fire Marshal, or in an electronic format | |
490 | - | prescribed by the State Fire Marshal. The fire chief or fire marshal may | |
491 | - | also submit reports regarding other significant fire department response | |
492 | - | to such fire or explosion, and such reports may be filed monthly but | |
493 | - | commencing January 1, 2008, such reports shall be filed not less than | |
494 | - | quarterly. | |
495 | - | Sec. 14. Section 29-231 of the general statutes is repealed and the | |
496 | - | following is substituted in lieu thereof (Effective from passage): | |
497 | - | The provisions of this chapter shall not apply to: (1) Boilers under | |
498 | - | federal control; (2) portable boilers used in pumping, heating, steaming | |
499 | - | and drilling in the open field; (3) portable boilers used solely for | |
500 | - | agricultural purposes; (4) steam heating boilers, hot water heaters and | |
501 | - | hot water heating boilers, when used in private homes or apartment | |
502 | - | houses of not more than five families; (5) hot water heaters approved by | |
503 | - | a nationally recognized testing agency that are equipped with adequate | |
504 | - | safety devices, including a temperature and pressure relief valve, (A) (i) Substitute House Bill No. 6600 | |
505 | - | ||
506 | - | Public Act No. 21-165 16 of 16 | |
507 | - | ||
508 | - | having a nominal water capacity of not more than one hundred twenty | |
509 | - | gallons and a heat input of not more than two hundred thousand British | |
510 | - | thermal units per hour, [and] (ii) used solely for hot water supply | |
511 | - | carrying a pressure of not more than one hundred sixty pounds per | |
512 | - | square inch and operating at temperatures of not more than two | |
513 | - | hundred ten degrees Fahrenheit, [provided such heaters are] and (iii) | |
514 | - | not installed in schools, day care centers, public or private hospitals, | |
515 | - | nursing or boarding homes, churches or public buildings, as defined in | |
516 | - | section 1-1, or (B) (i) having a nominal water capacity of not more than | |
517 | - | ten gallons and a heat input of not more than twenty thousand British | |
518 | - | thermal units per hour, and (ii) installed in any occupancy; (6) antique | |
519 | - | or model boilers used in public, nonprofit engineering or scientific | |
520 | - | museums and operated for educational, historical or exhibition | |
521 | - | purposes having a shell diameter of less than twelve inches and a grate | |
522 | - | surface area of less than one square foot; and (7) public service | |
523 | - | companies, as defined in section 16-1. | |
524 | - | Sec. 15. Sections 29-291b and 29-295 of the general statutes are | |
525 | - | repealed. (Effective July 1, 2021) | |
526 | - | ||
186 | + | PS Joint Favorable Subst. | |
527 | 187 |