LCO No. 5489 1 of 11 General Assembly Raised Bill No. 7119 January Session, 2025 LCO No. 5489 Referred to Committee on PUBLIC SAFETY AND SECURITY Introduced by: (PS) AN ACT CONCERNING THE STATE FIRE PREVENTION CODE, STATE FIRE SAFETY CODE, STATE BUILDING CODE AND ELEVATOR INSPECTIONS. Be it enacted by the Senate and House of Representatives in General Assembly convened: Section 1. Subsection (a) of section 29-349 of the general statutes is 1 repealed and the following is substituted in lieu thereof (Effective from 2 passage): 3 (a) The Commissioner of Emergency Services and Public Protection 4 shall have exclusive jurisdiction [in the preparation of and may enforce 5 reasonable regulations for] over explosives and blasting agents. The 6 commissioner shall adopt regulations in accordance with the provisions 7 of chapter 54 regarding the safe and convenient storage, transportation 8 and use of explosives and blasting agents used in connection therewith. 9 [, which] Such regulations shall (1) deal in particular with the quantity 10 and character of explosives and blasting agents to be stored, transported 11 and used, the proximity of such storage to inhabited dwellings or other 12 occupied buildings, public highways and railroad tracks, the character 13 and construction of suitable magazines for such storage, protective 14 Raised Bill No. 7119 LCO No. 5489 2 of 11 measures to secure such stored explosives and blasting agents and the 15 abatement of any hazard that may arise incident to the storage, 16 transportation or use of such explosives and blasting agents, and (2) be 17 consistent with the State Fire Prevention Code. 18 Sec. 2. Subsection (b) of section 29-357 of the general statutes is 19 repealed and the following is substituted in lieu thereof (Effective from 20 passage): 21 (b) The Commissioner of Emergency Services and Public Protection 22 shall have exclusive jurisdiction over fireworks and the indoor use of 23 pyrotechnics, sparklers and fountains for special effects. Said 24 commissioner shall adopt [reasonable] regulations [,] in accordance 25 with the provisions of chapter 54, which regulations shall (1) establish a 26 procedure for the granting of permits for supervised displays of 27 fireworks or for the indoor use of pyrotechnics, sparklers and fountains 28 for special effects by municipalities, fair associations, amusement parks, 29 other organizations or groups of individuals or artisans in pursuit of 30 their trade, and (2) be consistent with the State Fire Prevention Code. 31 Such permit may be issued upon application to said commissioner and 32 after [(1)] (A) inspection of the site of such display or use by the local 33 fire marshal to determine compliance with the requirements of such 34 regulations, and [(2)] (B) approval of the chiefs of the police and fire 35 departments, or, if there is no police or fire department, of the first 36 selectman, of the municipality wherein the display is to be held as is 37 provided in this section. No such display shall be handled or fired by 38 any person until such person has been granted a certificate of 39 competency by the Commissioner of Emergency Services and Public 40 Protection, in respect to which a fee of two hundred dollars shall be 41 payable to the State Treasurer when issued and which may be renewed 42 every three years upon payment of a fee of one hundred ninety dollars 43 payable to the State Treasurer, provided such certificate may be 44 suspended or revoked by said commissioner at any time for cause. Such 45 certificate of competency shall attest to the fact that such operator is 46 competent to fire a display. Such display shall be of such a character and 47 Raised Bill No. 7119 LCO No. 5489 3 of 11 so located, discharged or fired as in the opinion of the chiefs of the police 48 and fire departments or such selectman, after proper inspection, will not 49 be hazardous to property or endanger any person or persons. In an 50 aerial bomb, no salute, report or maroon may be used that is composed 51 of a formula of chlorate of potash, sulphur, black needle antimony and 52 dark aluminum. Formulas that may be used in a salute, report or 53 maroon are as follows: [(A)] (i) Perchlorate of potash, black needle 54 antimony and dark aluminum, and [(B)] (ii) perchlorate of potash, dark 55 aluminum and sulphur. No high explosive such as dynamite, fulminate 56 of mercury or other stimulator for detonating shall be used in any aerial 57 bomb or other pyrotechnics. Application for permits shall be made in 58 writing at least fifteen days prior to the date of display, on such notice 59 as the Commissioner of Emergency Services and Public Protection by 60 regulation prescribes, on forms furnished by the commissioner, and a 61 fee of one hundred dollars shall be payable to the State Treasurer with 62 each such application. After such permit has been granted, sales, 63 possession, use and distribution of fireworks for such display shall be 64 lawful for that purpose only. No permit granted hereunder shall be 65 transferable. Any permit issued under the provisions of this section may 66 be suspended or revoked by the Commissioner of Emergency Services 67 and Public Protection or the local fire marshal for violation by the 68 permittee of any provision of the general statutes, any regulation or any 69 ordinance relating to fireworks. 70 Sec. 3. Subsection (a) of section 29-357a of the general statutes is 71 repealed and the following is substituted in lieu thereof (Effective from 72 passage): 73 (a) The Commissioner of Emergency Services and Public Protection 74 shall have exclusive jurisdiction over supervised displays of special 75 effects produced by pyrotechnics or flame producing devices. Said 76 commissioner shall adopt regulations [,] in accordance with the 77 provisions of chapter 54, which regulations shall (1) establish a 78 procedure for the granting of permits for supervised displays of special 79 effects produced by pyrotechnics, including sparklers and fountains, or 80 Raised Bill No. 7119 LCO No. 5489 4 of 11 flame producing devices by municipalities, fair associations, 81 amusement parks, other organizations or groups of individuals or 82 artisans in pursuit of their trade, [. Such regulations shall] (2) include 83 provisions for determining the competency of persons intending to 84 discharge or fire such special effects, and (3) be consistent with the State 85 Fire Prevention Code. Such regulations shall not apply to ceremonial 86 activities that include minimal use of pyrotechnics or flame producing 87 devices. 88 Sec. 4. Subsection (a) of section 29-367 of the general statutes is 89 repealed and the following is substituted in lieu thereof (Effective from 90 passage): 91 (a) The Commissioner of Emergency Services and Public Protection 92 shall have exclusive jurisdiction over rockets propelled by rocket 93 motors. Said commissioner shall adopt, and may amend, [reasonable] 94 regulations [,] in accordance with the provisions of chapter 54, 95 concerning the safe design, construction, manufacture, testing, 96 certification, storage, sale, shipping, operation and launching of rockets 97 propelled by rocket motors, including, but not limited to, solid, liquid 98 and cold propellant, hybrid, steam or pressurized liquid rocket motors. 99 Such regulations shall (1) include provisions for the prevention of injury 100 to life and damage to property and protection of hazards incident to the 101 design, construction, manufacture, testing, storage, sale, shipping, 102 operation and launching of such rockets, and (2) be consistent with the 103 State Fire Prevention Code. The commissioner shall enforce such 104 regulations. 105 Sec. 5. Subsections (b) and (c) of section 29-291a of the general statutes 106 are repealed and the following is substituted in lieu thereof (Effective 107 from passage): 108 (b) There is established an advisory committee consisting of [nine] 109 eleven persons appointed by the State Fire Marshal. The State Fire 110 Marshal shall appoint two members selected from a list of individuals 111 Raised Bill No. 7119 LCO No. 5489 5 of 11 submitted by the Codes and Standards Committee from the 112 membership of said committee, [and] seven members representing local 113 fire marshals, deputy fire marshals and fire inspectors selected from a 114 list of individuals submitted by the Connecticut Fire Marshals 115 Association and two members selected from a list of individuals 116 submitted by the Fire and Explosion Investigation Unit of the Division 117 of State Police within the Department of Emergency Services and Public 118 Protection. 119 (c) The State Fire Marshal and the Commissioner of Emergency 120 Services and Public Protection may issue official interpretations of the 121 State Fire Prevention Code [, including interpretations of the 122 applicability of any provision of the code,] upon the request of any 123 person. The State Fire Marshal and the Commissioner of Emergency 124 Services and Public Protection shall jointly compile and index each 125 interpretation and shall publish such interpretations at periodic 126 intervals not exceeding four months. 127 Sec. 6. Subsection (a) of section 29-293 of the general statutes is 128 repealed and the following is substituted in lieu thereof (Effective October 129 1, 2025): 130 (a) (1) The Fire Safety Code and the State Fire Prevention Code shall 131 specify reasonable minimum requirements for fire safety in new and 132 existing buildings and facilities. 133 (2) Any nonresident owner of a building or structure regulated by the 134 State Fire Safety Code and the State Fire Prevention Code, except for 135 residential buildings designed to be occupied by one or two families, 136 shall register with the local fire marshal having jurisdiction over such 137 building or structure, in such form and manner as prescribed by the 138 local fire marshal. The registration shall include the following 139 information: (A) Such nonresident owner's identifying information, and 140 (B) if the nonresident owner is a corporation, partnership, trust or other 141 legal entity, the identifying information for the individual who exercises 142 Raised Bill No. 7119 LCO No. 5489 6 of 11 day-to-day financial or operational control of such corporation, 143 partnership, trust or other legal entity. For purposes of this subsection, 144 "identifying information" means an individual's name, date of birth, 145 current residential address and motor vehicle operator's license number 146 or other identification number issued by a governmental agency or 147 entity, and "nonresident owner" means an individual who does not 148 reside at a building or structure regulated by the State Fire Safety Code 149 and the State Fire Prevention Code but owns such building or structure 150 or exercises control over such building or structure. 151 Sec. 7. Section 29-291c of the general statutes is repealed and the 152 following is substituted in lieu thereof (Effective October 1, 2025): 153 (a) When the State Fire Marshal or a local fire marshal ascertains that 154 there exists in any building, or upon any premises, a condition that 155 violates the State Fire Prevention Code or Fire Safety Code, the State Fire 156 Marshal or local fire marshal shall order such condition remedied by the 157 owner or occupant of such building or premises. Any such remedy shall 158 be in conformance with all building codes, ordinances, rules and 159 regulations of the municipality involved. Such owner or occupant shall 160 be subject to the penalties prescribed by subsection (e) of this section. 161 [and, in addition, may be fined fifty dollars a day for each day's 162 continuance of each violation, to be recovered in a proper action in the 163 name of the state.] 164 (b) Upon failure of an owner or occupant to abate or remedy a 165 violation pursuant to subsection (a) of this section within a reasonable 166 period of time specified by the State Fire Marshal or the local fire 167 marshal, the local fire marshal shall promptly notify, in writing, the 168 prosecuting attorney having jurisdiction in the municipality in which 169 such violation or condition exists of all of the relevant facts. The local 170 fire marshal may request the chief executive officer, any official of the 171 municipality authorized to institute actions on behalf of the 172 municipality in which the hazard exists or the State Fire Marshal, to 173 apply to any court of equitable jurisdiction for an injunction against 174 Raised Bill No. 7119 LCO No. 5489 7 of 11 such owner or occupant for the purpose of closing or restricting from 175 public service or use the place or premises containing the violation or 176 condition until the violation or condition has been remedied, or the State 177 Fire Marshal may apply for such an injunction without such request. 178 (c) The State Fire Marshal or any local fire marshal empowered to 179 enforce the State Fire Prevention Code or Fire Safety Code may, as an 180 alternative to issuing an order pursuant to subsection (a) of this section, 181 give the owner or occupant a written citation for any violation of the 182 applicable code. No such citation may be issued if the owner or 183 occupant has been previously issued a citation for the same violation by 184 the State Fire Marshal or the local fire marshal within six months prior 185 to the current violation. Such citation shall contain the name and 186 address, if known, of the owner or occupant, the specific offense 187 charged and the time and place of the violation. The citation shall be 188 signed by the State Fire Marshal or local fire marshal and shall be signed 189 by the owner or occupant in acknowledgment that such citation has 190 been received. The State Fire Marshal or local fire marshal shall, if 191 practicable, deliver a copy of the citation to the owner or occupant at the 192 time and place of the violation or shall use some other reasonable means 193 of notification. Any person who is issued a citation for violation of any 194 provision of the State Fire Prevention Code or Fire Safety Code in 195 accordance with this subsection shall be fined not more than two 196 hundred fifty dollars. 197 (d) If a local fire marshal issues a citation pursuant to subsection (c) 198 of this section, the state shall remit to the municipalities in which the 199 violations occurred ninety per cent of the proceeds of the fine and shall 200 remit to the State Treasurer the remaining ten per cent. If the State Fire 201 Marshal issues a citation pursuant to said subsection, the state shall 202 remit to the State Treasurer the entire proceeds of the fine. Each clerk of 203 the Superior Court or the Chief Court Administrator, on or before the 204 thirtieth day of January, April, July and October in each year, shall 205 certify to the Comptroller the amount due for the previous quarter 206 under this subsection to each municipality served by the office of the 207 Raised Bill No. 7119 LCO No. 5489 8 of 11 clerk or official. 208 (e) [In addition to the fine prescribed in subsection (a) of this section, 209 any person] Any person, including, but not limited to, a corporation, 210 partnership, trust or other legal entity, who violates any provision of the 211 State Fire Prevention Code or Fire Safety Code shall, for a first offense, 212 be fined [not less than] two hundred fifty dollars [or more than one 213 thousand dollars or be imprisoned not more than six months, or both] 214 and, for a subsequent offense, be guilty of a class A misdemeanor. 215 Sec. 8. Subsection (a) of section 29-306 of the general statutes is 216 repealed and the following is substituted in lieu thereof (Effective October 217 1, 2025): 218 (a) (1) When the local fire marshal ascertains that there exists in any 219 building, or upon any premises, [(1)] (A) combustible or explosive 220 matter, dangerous accumulation of rubbish or any flammable material 221 especially liable to fire, that is so situated as to endanger life or property, 222 [(2)] (B) obstructions or conditions that present a fire hazard to the 223 occupants or interfere with their egress in case of fire, or [(3)] (C) a 224 condition in violation of the statutes relating to fire prevention or safety, 225 or any regulation made pursuant thereto, the remedy of which requires 226 construction or a change in structure, the local fire marshal shall order 227 such materials to be immediately removed or the conditions remedied 228 by the owner or occupant of such building or premises. Any such 229 removal or remedy shall be in conformance with all building codes, 230 ordinances, rules and regulations of the municipality involved. 231 (2) Any person, [firm or] corporation, partnership, trust or other legal 232 entity which violates any provision of this subsection shall, for a first 233 offense, be fined [not more than one] two hundred fifty dollars [or be 234 imprisoned not more than three months, or both, and, in addition, may 235 be fined fifty dollars a day for each day's continuance of each violation, 236 to be recovered in a proper action in the name of the state] and, for a 237 subsequent offense, be guilty of a class A misdemeanor. 238 Raised Bill No. 7119 LCO No. 5489 9 of 11 Sec. 9. (NEW) (Effective October 1, 2025) The State Building Inspector 239 and the Codes and Standards Committee shall, jointly, with the 240 approval of the Commissioner of Administrative Services, include in the 241 amendments to the State Building Code next adopted after October 1, 242 2025, provisions that: 243 (1) Require a residential building consisting of six stories and 244 containing less than twenty-five dwelling units to install and maintain 245 a passenger elevator that is of sufficient size to accommodate two 246 persons, one of whom uses a wheelchair; and 247 (2) Define the terms "high tunnels" and "hoop homes" and classify 248 such high tunnels and hoop homes as temporary agricultural structures. 249 Sec. 10. Section 29-253 of the general statutes is repealed and the 250 following is substituted in lieu thereof (Effective October 1, 2025): 251 (a) [The] Except as provided in subsection (b) of this section, the State 252 Building Code, including any amendment to said code adopted by the 253 State Building Inspector and the Codes and Standards Committee, shall 254 be the building code for all towns, cities and boroughs. 255 (b) Not later than July 1, 2026, the State Building Inspector and the 256 Codes and Standards Committee shall jointly develop and promulgate 257 a model ordinance that establishes a set of energy-efficiency 258 requirements with respect to buildings or building projects that are 259 more stringent than the energy-efficiency requirements of the State 260 Building Code. Said inspector and committee shall consider input from 261 the public and interested parties in the process of developing such 262 model ordinance. A town, city or borough may, by ordinance, adopt 263 such model ordinance and the adopted ordinance shall supersede the 264 energy-efficiency requirements of the State Building Code. The 265 remaining provisions of the State Building Code shall apply to such 266 town, city or borough. 267 [(b)] (c) Nothing in this section shall prevent any town, city or 268 Raised Bill No. 7119 LCO No. 5489 10 of 11 borough from adopting an ordinance governing the demolition of 269 buildings deemed to be unsafe. As used in this subsection, "unsafe 270 building" means a building that constitutes a fire hazard or is otherwise 271 dangerous to human life or the public welfare. 272 Sec. 11. Section 29-195 of the general statutes is repealed and the 273 following is substituted in lieu thereof (Effective October 1, 2025): 274 [Each] (a) Except as provided in subsection (b) of this section, each 275 elevator or escalator shall be thoroughly inspected by a department 276 elevator inspector at least once each eighteen months, except elevators 277 located in private residences shall be inspected upon the request of the 278 owner. More frequent inspections of any elevator or escalator shall be 279 made if the condition thereof indicates that additional inspections are 280 necessary or desirable. 281 (b) Each elevator at a congregate housing facility shall be thoroughly 282 inspected by a department elevator inspector at least once each twelve 283 months. For each such inspection, the department elevator inspector 284 shall submit a report to the State Building Inspector that describes the 285 status of each elevator at such facility, describes the status of any 286 elevator repair and specifies the duration of time during which any 287 inoperable elevator at such facility is expected to remain inoperable. For 288 purposes of this subsection, "congregate housing" has the same meaning 289 as provided in section 8-119e. 290 This act shall take effect as follows and shall amend the following sections: Section 1 from passage 29-349(a) Sec. 2 from passage 29-357(b) Sec. 3 from passage 29-357a(a) Sec. 4 from passage 29-367(a) Sec. 5 from passage 29-291a(b) and (c) Sec. 6 October 1, 2025 29-293(a) Sec. 7 October 1, 2025 29-291c Sec. 8 October 1, 2025 29-306(a) Raised Bill No. 7119 LCO No. 5489 11 of 11 Sec. 9 October 1, 2025 New section Sec. 10 October 1, 2025 29-253 Sec. 11 October 1, 2025 29-195 Statement of Purpose: To make various revisions to the public safety statutes relating to the State Fire Prevention Code, State Fire Safety Code, State Building Code and elevator inspections. [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.]