Connecticut 2021 Regular Session

Connecticut Senate Bill SB00874 Compare Versions

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

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4	4	LCO No. 2770 1 of 7
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6	6	General Assembly Raised Bill No. 874
7	7	January Session, 2021
8	8	LCO No. 2770
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11	11	Referred to Committee on HOUSING
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13	13
14	14	Introduced by:
15	15	(HSG)
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20	20	AN ACT CONCERNING TH E PERMITTING AND SAFETY OF RENTAL
21	21	UNITS.
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 Section 29-261 of the general statutes is repealed and the 1
26	26	following is substituted in lieu thereof (Effective October 1, 2021): 2
27	27	(a) The building official, to be eligible for appointment, shall have had 3
28	28	at least five years' experience in construction, design or supervision and 4
29	29	any assistant building [officials] official shall have had at least three 5
30	30	years' experience in construction, design or supervision, or equivalent 6
31	31	experience as determined by the Commissioner of Administrative 7
32	32	Services. They shall be generally informed on the quality and strength 8
33	33	of building materials, on the accepted requirements of building 9
34	34	construction, on the accepted requirements of design and construction 10
35	35	relating to accessibility to and use of buildings by the physically 11
36	36	disabled, on good practice in fire prevention, on the accepted 12
37	37	requirements regarding light and ventilation, on the accepted 13
38	38	requirements for safe exit facilities and on other items of equipment 14
39	39	essential for the safety, comfort and convenience of occupants and shall 15 Raised Bill No. 874
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43	43	LCO No. 2770 2 of 7
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45	45	be certified under the provisions of section 29-262. 16
46	46	(b) The building official or assistant building official shall pass upon 17
47	47	any question relative to the mode, manner of construction or materials 18
48	48	to be used in the erection or alteration of buildings or structures, 19
49	49	pursuant to applicable provisions of the State Building Code and in 20
50	50	accordance with rules and regulations adopted by the Department of 21
51	51	Administrative Services. They shall require compliance with the 22
52	52	provisions of the State Building Code, of all rules lawfully adopted and 23
53	53	promulgated thereunder and of laws relating to the construction, 24
54	54	alteration, repair, removal, demolition and integral equipment and 25
55	55	location, use, accessibility, occupancy and maintenance of buildings and 26
56	56	structures, except as may be otherwise provided for. 27
57	57	(c) [A] The building official may request proof of licensure from any 28
58	58	person at a construction site for which a building permit was issued. If 29
59	59	such official finds any person engaging in or practicing work in an 30
60	60	occupation for which a license is required under chapters 393 and 393a, 31
61	61	without first having obtained an apprentice permit or a license for such 32
62	62	work or occupation, the building official may notify the Commissioner 33
63	63	of Consumer Protection of such violation and may issue a written order 34
64	64	and personally deliver such order or send such order by certified mail 35
65	65	to the person holding such building permit. Such order may require that 36
66	66	any person working at such site without the required permit or license 37
67	67	shall cease work at the site immediately. The unlicensed person may 38
68	68	perform such work or occupation at the construction site upon 39
69	69	submission of documentation satisfactory to the building official of 40
70	70	compliance under said chapters 393 and 393a. 41
71	71	(d) The building official may request proof of a building permit from 42
72	72	any person at a construction site of a rental unit. If such official finds any 43
73	73	person engaging in the construction or alteration of a rental unit without 44
74	74	first having obtained a building permit as required under this chapter, 45
75	75	the building official may issue a written order and personally deliver 46
76	76	such order or send such order by certified mail to the person conducting 47
77	77	such alteration or construction. Such order may (1) require that all work 48 Raised Bill No. 874
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81	81	LCO No. 2770 3 of 7
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83	83	at such site without the required permit cease immediately, and (2) 49
84	84	impose a penalty in accordance with section 29-254a. 50
85	85	[(d)] (e) The building official or [his assistant] an assistant building 51
86	86	official shall have the right of entry to such buildings or structures, 52
87	87	except single-family residences, for the proper performance of [his] such 53
88	88	official's duties between the hours of nine a.m. and five p.m., except that 54
89	89	in the case of an emergency [he] the building official or assistant 55
90	90	building official shall have the right of entry at any time, if such entry is 56
91	91	necessary in the interest of public safety. 57
92	92	[(e)] (f) Notwithstanding any provision of the Freedom of 58
93	93	Information Act, as defined in section 1-200, or the State Building Code, 59
94	94	upon receipt of a written request signed by the owner of plans and 60
95	95	specifications on file for a single-family dwelling or out-building, the 61
96	96	building official shall immediately return the original plans and 62
97	97	specifications to the owner after a certificate of occupancy is issued with 63
98	98	respect to the plans and specifications. 64
99	99	Sec. 2. Subsection (b) of section 29-266 of the general statutes is 65
100	100	repealed and the following is substituted in lieu thereof (Effective October 66
101	101	1, 2021): 67
102	102	(b) When the building official rejects or refuses to approve the mode 68
103	103	or manner of construction proposed to be followed or the materials to 69
104	104	be used in the erection or alteration of a building or structure, or when 70
105	105	it is claimed that the provisions of the code do not apply or that an 71
106	106	equally good or more desirable form of construction can be employed 72
107	107	in a specific case, or when it is claimed that the true intent and meaning 73
108	108	of the code and regulations have been misconstrued or wrongly 74
109	109	interpreted, or when the building official issues a written order under 75
110	110	subsection (c) or (d) of section 29-261, as amended by this act, the owner 76
111	111	of such building or structure, whether already erected or to be erected, 77
112	112	or [his] an authorized agent of such owner may appeal in writing from 78
113	113	the decision of the building official to the board of appeals. When a 79
114	114	person other than such owner claims to be aggrieved by any decision of 80 Raised Bill No. 874
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118	118	LCO No. 2770 4 of 7
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120	120	the building official, such person or his or her authorized agent may 81
121	121	appeal, in writing, from the decision of the building official to the board 82
122	122	of appeals, and before determining the merits of such appeal the board 83
123	123	of appeals shall first determine whether such person has a right to 84
124	124	appeal. Upon receipt of an appeal from an owner or his or her 85
125	125	representative or approval of an appeal by a person other than the 86
126	126	owner, the chairman of the board of appeals shall appoint a panel of not 87
127	127	less than three members of such board to hear such appeal. Such appeal 88
128	128	shall be heard in the municipality for which the building official serves 89
129	129	within five days, exclusive of Saturdays, Sundays and legal holidays, 90
130	130	after the date of receipt of such appeal. Such panel shall render a 91
131	131	decision upon the appeal and file the same with the building official 92
132	132	from whom such appeal has been taken not later than five days, 93
133	133	exclusive of Saturdays, Sundays and legal holidays, following the day 94
134	134	of the hearing thereon. A copy of such decision shall be mailed, prior to 95
135	135	such filing, to the party taking such appeal. Any person aggrieved by 96
136	136	the decision of a panel may appeal to the Codes and Standards 97
137	137	Committee within fourteen days after the filing of the decision with the 98
138	138	building official. Any determination made by the local panel shall be 99
139	139	subject to review de novo by said committee. 100
140	140	Sec. 3. Section 8-12a of the general statutes is repealed and the 101
141	141	following is substituted in lieu thereof (Effective October 1, 2021): 102
142	142	(a) Any municipality may, by ordinance adopted by its legislative 103
143	143	body, establish penalties for (1) violations of zoning regulations adopted 104
144	144	under section 8-2 or by special act, or (2) noncompliance with any 105
145	145	program for licensing residential rental properties established by such 106
146	146	municipality. The ordinance shall establish the types of violations for 107
147	147	which a citation may be issued and the amount of any fine to be imposed 108
148	148	thereby and shall specify the time period for uncontested payment of 109
149	149	fines for any alleged violation under any such regulation. No fine 110
150	150	imposed under the authority of this section may exceed one hundred 111
151	151	fifty dollars for each day a violation continues. Any fine shall be payable 112
152	152	to the treasurer of the municipality. 113 Raised Bill No. 874
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158	158	(b) The hearing procedure for any citation issued pursuant to this 114
159	159	section shall be in accordance with section 7-152c except that no zoning 115
160	160	enforcement officer, building inspector or employee of the municipal 116
161	161	body exercising zoning authority may be appointed to be a hearing 117
162	162	officer. 118
163	163	Sec. 4. Section 19a-111c of the general statutes is repealed and the 119
164	164	following is substituted in lieu thereof (Effective October 1, 2021): 120
165	165	(a) The owner of any dwelling in which the paint, plaster or other 121
166	166	material is found to contain toxic levels of lead and in which children 122
167	167	under the age of six reside, shall abate, remediate or manage such 123
168	168	dangerous materials consistent with regulations adopted pursuant to 124
169	169	this section. The Commissioner of Public Health shall adopt regulations, 125
170	170	in accordance with chapter 54, to establish requirements and procedures 126
171	171	for testing, remediation, abatement and management of materials 127
172	172	containing toxic levels of lead. For the purposes of this section, 128
173	173	"remediation" means the use of interim controls, including, but not 129
174	174	limited to, paint stabilization, spot point repair, dust control, specialized 130
175	175	cleaning and covering of soil with mulch. 131
176	176	(b) The commissioner shall authorize the use of any liquid, 132
177	177	cementitious or flexible lead encapsulant product which complies with 133
178	178	an appropriate standard for such products developed by the American 134
179	179	Society for Testing and Materials or similar testing organization 135
180	180	acceptable to the commissioner for the abatement and remediation of 136
181	181	lead hazards. The commissioner shall maintain a list of all such 137
182	182	approved lead encapsulant products that may be used in this state for 138
183	183	the abatement and remediation of lead hazards. 139
184	184	(c) (1) The Commissioner of Public Health may adopt regulations, in 140
185	185	accordance with chapter 54, to regulate paint removal from the exterior 141
186	186	of any building or structure where the paint removal project may 142
187	187	present a health hazard to neighboring premises. The regulations may 143
188	188	establish: (A) Definitions, (B) applicability and exemption criteria, (C) 144
189	189	procedures for submission of notifications, (D) appropriate work 145 Raised Bill No. 874
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195	195	practices, and (E) penalties for noncompliance. 146
196	196	(2) The Commissioner of Public Health may adopt regulations, in 147
197	197	accordance with chapter 54, to regulate the standards and procedures 148
198	198	for testing, remediation, as defined in this section, abatement and 149
199	199	management of materials containing toxic levels of lead in any premises. 150
200	200	(d) Any person whose act or omission constitutes a violation of this 151
201	201	section shall be strictly liable for damages for the injury or death of 152
202	202	another person resulting from such act or omission. 153
203	203	Sec. 5. Subsection (b) of section 47a-54f of the general statutes is 154
204	204	repealed and the following is substituted in lieu thereof (Effective October 155
205	205	1, 2021): 156
206	206	(b) Paint on the exposed surfaces of the interior of a tenement house 157
207	207	shall not be cracked, chipped, blistered, flaking, loose, or peeling so as 158
208	208	to constitute a health hazard. Testing, remediation, abatement and 159
209	209	management of lead-based paint at a tenement house or its premises 160
210	210	shall be as defined in, and in accordance with, the regulations, if any, 161
211	211	adopted pursuant to section 19a-111c, as amended by this act. Any 162
212	212	person who violates the provisions of this subsection shall be liable in 163
213	213	accordance with subsection (d) of section 19a-111c, as amended by this 164
214	214	act. 165
215	215	This act shall take effect as follows and shall amend the following
216	216	sections:
217	217
218	218	Section 1 October 1, 2021 29-261
219	219	Sec. 2 October 1, 2021 29-266(b)
220	220	Sec. 3 October 1, 2021 8-12a
221	221	Sec. 4 October 1, 2021 19a-111c
222	222	Sec. 5 October 1, 2021 47a-54f(b)
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224	224	Statement of Purpose:
225	225	To authorize building officials to request proof of a building permit for
226	226	rental unit construction and impose a penalty for construction without
227	227	a permit and to impose strict liability against rental property owners for
228	228	dwellings containing toxic levels of lead. Raised Bill No. 874
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234	234	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
235	235	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
236	236	underlined.]
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