Sec. 29-251b. Building Code Training Council; membership; vacancies. There
is established, within the Department of Public Safety a Building Code Training Council
which shall advise the State Building Inspector and the Codes and Standards Committee
on all matters pertaining to certification training programs, continuing educational programs for building officials pursuant to section 29-262 and programs for all other persons
eligible to receive training pursuant to subsections (a) and (c) of section 29-251c. The
council shall be composed of seventeen members, who shall be residents of this state,
appointed as follows: (1) The State Building Inspector, or his designee; (2) one by the
Codes and Standards Committee, who shall be a member of said committee; (3) three
by the Connecticut Building Officials Association, each of whom shall be a member of
said association; (4) one by the Board of Governors of Higher Education; (5) one by
the Board of Trustees of the Community-Technical Colleges; (6) one by the Governor,
who shall be a chief elected official of a municipality; (7) seven by the Commissioner
of Public Safety: (A) One of whom shall be an architect licensed pursuant to chapter
390, selected from a list of individuals submitted by the Connecticut Chapter of the
American Institute of Architects; (B) one of whom shall be a professional engineer,
licensed pursuant to chapter 391, selected from a list of individuals submitted by the
Connecticut Engineers in Private Practice; (C) one of whom shall be a landscape architect, licensed pursuant to chapter 396, selected from a list of individuals submitted by
the Connecticut Chapter of the American Society of Landscape Architects; (D) one of
whom shall be an interior designer registered pursuant to chapter 396a, selected from
a list of individuals submitted by the Connecticut Coalition of Interior Designers; (E)
one of whom shall be a member of the Connecticut State Building Trades Council,
selected from a list of individuals submitted by said organization; and (F) two of whom
shall be builders, general contractors or superintendents of construction, one having
expertise in residential building construction, selected from a list of individuals submitted by the Home Builders Association of Connecticut, Inc., and one having expertise
in nonresidential building construction, selected from a list of individuals submitted by
the Associated General Contractors of Connecticut, Incorporated; (8) one by the Director
of the Office of Protection and Advocacy for Persons with Disabilities; and (9) one by
the president pro tempore of the Senate, who shall be a member of the public. The
council shall elect a chairperson and vice-chairperson from among its members. Any
member who fails to attend at least fifty per cent of all meetings held during any calendar
year or fails to attend three consecutive meetings shall be deemed to have resigned
from the council. Vacancies on the council shall be filled by the appointing authority.
Members of the council shall serve without compensation but shall, within the limits
of available funds as approved by the Commissioner of Public Safety, be reimbursed
for necessary expenses incurred in the performance of their duties.
(P.A. 97-308, S. 2; P.A. 98-233, S. 6, 8.)
History: P.A. 98-233 included certain other eligible persons in training and educational programs, effective July 1, 1999.
Sec. 29-251c. Development of training and educational programs. Code
Training and Education Board of Control. Regulations. Reporting of funds received; expenditures. (a) As used in subsections (a) to (c), inclusive, of this section
"prior approval of the Code Training and Education Board of Control" means approval
by the board of a fiscal year budget prepared by the Commissioner of Public Safety.
The commissioner shall develop a program to sponsor (1) training and educational programs in the mechanics and application of the State Building Code and the State Fire
Safety Code conducted for any municipal or state code official, or any candidate for
said positions, and (2) continuing educational programs in the mechanics and application
of the State Building Code and the State Fire Safety Code for any architect, engineer,
landscape architect, interior designer, builder, contractor or superintendent of construction doing business in this state, and shall determine the equipment necessary to sponsor
such training and educational programs.
(b) There is established the Code Training and Education Board of Control which
shall promote code training and education. No funds shall be expended for the purposes
listed in subsection (a) of this section without prior approval of the Code Training and
Education Board of Control. The board shall consist of seven members as follows: (1)
Three members of the Building Code Training Council, one each of whom shall be
appointed by the speaker, majority leader and minority leader of the House of Representatives, (2) three members of the Fire Marshal Training Council, one each of whom
shall be appointed by the president pro tempore, majority leader and minority leader of
the Senate, and (3) one architect, engineer, landscape architect, interior designer, builder,
contractor or superintendent of construction doing business in this state, who shall be
appointed by the Commissioner of Public Safety. The members of the board shall continue in office for the term of three years from the first day of July next succeeding their
appointment. Vacancies on the board shall be filled by the original appointing authority
for the balance of the unexpired term.
(c) The commissioner shall establish a program of education and training in the
mechanics and application of the State Building Code and the State Fire Safety Code
conducted for any municipal or state code official, or any candidate for said positions,
and a continuing educational program in the mechanics and application of the State
Building Code and the State Fire Safety Code for any architect, engineer, landscape
architect, interior designer, builder, contractor or superintendent of construction doing
business in this state.
(d) The Commissioner of Public Safety may apply for any federal or private funds
or contributions available for training and education of code officials or other persons
eligible to receive training under subsections (a) to (c), inclusive, of this section. Not
later than July 1, 2000, the Commissioner of Public Safety, with the approval of the
Building Code Training Council and the Fire Marshal Training Council, shall adopt
regulations in accordance with chapter 54 to establish an administrative process to adjust
as necessary (1) the amount of the education fee to be assessed by the State Building
Inspector pursuant to section 29-252a and each municipal building official pursuant to
section 29-263, and (2) the percentage of the fees collected which may be retained by
each municipal building department for administrative costs. The education fee shall
be adjusted downward or upward, as the case may be, when necessary, but not more
than annually to reflect the actual cost of the training and educational programs and the
continuing educational programs established in subsections (a) to (c), inclusive, of this
section and the educational programs required in subsections (a) and (b) of section 29-262, except that no such fee may be increased by more than four per cent in any one
year. The percentage of fees which may be retained for administrative costs shall be
adjusted downward or upward, as the case may be, when necessary, but not more than
annually, to reflect the actual costs incurred in collecting such fees except that no such
percentage of fees to be retained for administrative costs may be less than one per cent
or greater than three per cent.
(e) The Commissioner of Public Safety shall annually submit a report of the amount
of funds received pursuant to subsection (d) of this section, or of any other funds received
by the commissioner for the purposes of code training and education under this section,
to the cochairpersons and ranking members of the joint standing committees of the
General Assembly having cognizance of matters relating to finance, revenue and bonding and appropriations. All direct expenses incurred in the conduct of the code training
and educational programs, or of the operation, maintenance and repair of facilities, food
services and other auxiliary services incurred in the conduct of the code training and
educational programs, shall be charged, and any cost of equipment for code training
and educational programs may be charged, against the funds appropriated for the code
training and educational programs on order of the Comptroller. Any balance of receipts
after expenditures shall be retained by the commissioner and shall be used solely for
the code training and educational programs under this section and for the acquisition,
as provided in section 4b-21, alteration and repairs of real property for educational
facilities, provided repairs, alterations or additions to educational facilities costing fifty
thousand dollars or less shall require the approval of the Commissioner of Public Works
and capital projects costing over fifty thousand dollars shall require the approval of the
General Assembly, or when the General Assembly is not in session, of the Finance
Advisory Committee. Funds appropriated to or received by the Commissioner of Public
Safety for the code training and educational programs shall also be used for (1) (A) the
operation, maintenance and repair of auxiliary services facilities, and (B) any other
activities related to training and educational programs in the mechanics and application
of the State Building Code and the State Fire Safety Code conducted for any municipal
or state code official, or any candidate for said positions, and (2) continuing educational
programs in the mechanics and application of the State Building Code and the State Fire
Safety Code for any architect, engineer, landscape architect, interior designer, builder,
contractor or superintendent of construction doing business in this state. No funds shall
be used for the purposes of this section without prior approval of the Code Training and
Education Board of Control, established pursuant to subsection (b) of this section.
(P.A. 98-233, S. 1, 2, 8; P.A. 99-209, S. 1, 4; P.A. 04-150, S. 3.)
History: P.A. 98-233 effective July 1, 1999; P.A. 99-209 added Subsec. (e), requiring annual report of funds received
and setting forth authorized expenditures, effective July 1, 1999; P.A. 04-150 amended Subsec. (d) to require that education
fee be adjusted downward or upward to reflect the actual cost of the educational programs required in Sec. 29-262(a) and (b).
Sec. 29-252. (Formerly Sec. 19-395). State Building Code: Adoption, revision
and amendments. State Building Inspector: Appointment; interpretations of code.
Appeal. (a) As used in this subsection, "geotechnical" means any geological condition,
such as soil and subsurface soil conditions, which may affect the structural characteristics of a building or structure. The State Building Inspector and the Codes and Standards
Committee shall, jointly, with the approval of the Commissioner of Public Safety, adopt
and administer a State Building Code based on a nationally recognized model building
code for the purpose of regulating the design, construction and use of buildings or structures to be erected and the alteration of buildings or structures already erected and make
such amendments thereto as they, from time to time, deem necessary or desirable. Such
amendments shall be limited to administrative matters, geotechnical and weather-related
portions of said code, amendments to said code necessitated by a provision of the general
statutes and any other matter which, based on substantial evidence, necessitates an
amendment to said code. The code shall be revised not later than January 1, 2005, and
thereafter as deemed necessary to incorporate any subsequent revisions to the code not
later than eighteen months following the date of first publication of said subsequent
revisions to the code. The purpose of said Building Code shall also include, but not be
limited to, promoting and ensuring that such buildings and structures are designed and
constructed in such a manner as to conserve energy and, wherever practicable, facilitate
the use of renewable energy resources. Said Building Code includes any code, rule or
regulation incorporated therein by reference.
(b) The State Building Inspector shall be appointed by the Governor. He shall be
an architect or professional engineer licensed by the state of Connecticut, shall have a
thorough knowledge of building code administration and enforcement and shall have
had not less than ten years practical experience in his profession.
(c) The State Building Inspector or his designee may issue official interpretations
of the State Building Code, including interpretations of the applicability of any provision
of the code, upon the request of any person. The State Building Inspector shall compile
and index each interpretation and shall publish such interpretations at periodic intervals
not exceeding four months.
(d) The State Building Inspector or his designee shall review a decision by a local
building official or a board of appeals appointed pursuant to section 29-266 when he
has reason to believe that such official or board has misconstrued or misinterpreted any
provision of the State Building Code. If upon review and after consultation with such
official or board he determines that a provision of the code has been misconstrued or
misinterpreted, he shall issue an interpretation of said code and may issue any order he
deems appropriate. Any such determination or order shall be in writing and be sent to
such local building official or board by registered mail, return receipt requested. Any
person aggrieved by any determination or order by the State Building Inspector under
this subsection may appeal to the Codes and Standards Committee within fourteen days
after mailing of the decision or order. Any person aggrieved by any ruling of the Codes
and Standards Committee may appeal in accordance with the provisions of subsection
(d) of section 29-266.
(1949 Rev., S. 4106; 1957, P.A. 13, S. 87; 1961, P.A. 287; 1967, P.A. 349, S. 1; 845; 1969, P.A. 443, S. 1; P.A. 77-614, S. 495, 610; P.A. 78-303, S. 16, 136; P.A. 79-311; P.A. 82-432, S. 2, 19; P.A. 88-359, S. 1, 12; P.A. 89-255, S. 1, 7;
P.A. 97-308, S. 5; P.A. 04-59, S. 2.)
History: 1961 act provided for automatic application of amendments to municipalities; 1967 acts provided for a state
building inspector as the agent for purposes of the section instead of the public works commissioner and stated that adoption
of code includes adoption of "code, rule or regulation incorporated therein by reference"; 1969 act included state building
code standards committee, deleted provisions re adoption of code and amendments by ordinance by towns, cities or boroughs
and rephrased statement re adoption of code, rule or regulation referred to in state building code; P.A. 77-614 replaced
public works commissioner and department with department and commissioner of public safety, effective January 1,
1979; P.A. 78-303 replaced public works commissioner and department with administrative services commissioner and
department for period between June 6, 1978 and January 1, 1979; P.A. 79-311 provided that code promote and ensure
design and construction of energy-conserving buildings and the use of renewable resources; P.A. 82-432 replaced state
building code standards committee with codes and standards committee; Sec. 19-395 transferred to Sec. 29-252 in 1983;
P.A. 88-359 (1) divided the section into Subsecs. and amended Subsec. (a) to require revision of code not later than July
1, 1989, to incorporate necessary 1988 B.O.C.A. revisions and not more than every four years thereafter to incorporate
later revisions and to make necessary technical changes; (2) added Subsec. (b) re appointment and qualification of state
building inspector; (3) added Subsec. (c), authorizing state building inspector or his designee to issue official interpretations
of the code upon request and requiring the compiling, indexing and publishing of interpretations; and (4) added Subsec.
(d), requiring state building inspector or his designee to review interpretations of code by a local building official or board
of appeals when he believes code has been misconstrued or misinterpreted, and to issue interpretations of code and any
appropriate order, providing a procedure for appeals; P.A. 89-255 amended Subsec. (c) to eliminate requirement of approval
of the codes and standards committee for issuance of official interpretations of the state building code and amended Subsec.
(d) to require state building inspector to review a decision by local building official or board of appeals, eliminating
reference to review of interpretations of state building code and making technical changes as necessary; P.A. 97-308
amended Subsec. (a) to define "geotechnical", to insert limitation for amendments made to code and to require revision
of code not later than July 1, 1998, to incorporate necessary 1996 revisions by B.O.C.A., removing requirement that
revisions also be incorporated not more than every four years thereafter and adding new alternative re revisions adopted
by I.C.C. and a deadline for incorporating revisions; P.A. 04-59 amended Subsec. (a) to provide that code be based on a
nationally recognized model building code and be revised not later than January 1, 2005, and thereafter as deemed necessary
to incorporate any subsequent revisions to the code, to delete "July 1, 1998, to incorporate such revisions adopted by the
Building Officials and Code Administrators International, Inc. in 1996 as they deem necessary" and provision re necessary
revisions adopted by said organization or by the International Code Council, Inc., and to make a technical change, effective
May 10, 2004.
Annotation to former section 19-395:
Cited. 4 Conn. Cir. Ct. 515.
Annotation to present section:
Cited. 211 C. 690, 696.
Sec. 29-252a. Code applicable to all state agencies. Building permit, education
fee and certificate of occupancy required for state buildings. Appeal. Exemptions.
(a) The State Building Code, including any amendment to said code adopted by the
State Building Inspector and Codes and Standards Committee, shall be the building
code for all state agencies.
(b) (1) No state building or structure or addition to a state building or structure, that
exceeds the threshold limits contained in section 29-276b and requires an independent
structural review under said section, shall be constructed or altered until an application
has been filed by the commissioner of an agency authorized to contract for the construction of buildings under the provisions of section 4b-1 or 4b-51 with the State Building
Inspector and a building permit issued by the State Building Inspector. Two copies of
the plans and specifications for the building, structure or addition to be constructed or
altered shall accompany the application. The commissioner of any such agency shall
certify that such plans and specifications are in substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the State
Fire Safety Code. The State Building Inspector shall review the plans and specifications
for the building, structure or addition to be constructed or altered to verify their compliance with the requirements of the State Building Code and, within thirty days of the
date of application, shall issue or refuse to issue the building permit, in whole or in part.
The State Building Inspector may request that the State Fire Marshal review such plans
to verify their compliance with the State Fire Safety Code.
(2) On and after July 1, 1999, the State Building Inspector shall assess an education
fee on each building permit application. During the fiscal year commencing July 1,
1999, the amount of such fee shall be sixteen cents per one thousand dollars of construction value as declared on the building permit application, and the State Building Inspector shall remit such fees, quarterly, to the Department of Public Safety, for deposit in
the General Fund. Upon deposit in the General Fund, the amount of such fees shall be
credited to the appropriation to the Department of Public Safety and shall be used for
the code training and educational programs established pursuant to section 29-251c. On
and after July 1, 2000, the assessment shall be made in accordance with regulations
adopted pursuant to subsection (d) of section 29-251c.
(c) All state agencies authorized to contract for the construction of any buildings
or the alteration of any existing buildings under the provisions of section 4b-1 or 4b-51
shall be responsible for substantial compliance with the provisions of the State Building
Code, the State Fire Safety Code and the regulations lawfully adopted under said codes
for such building or alteration to such building, as the case may be. Such agencies shall
apply to the State Building Inspector for a certificate of occupancy for all buildings or
alterations of existing buildings for which a building permit is required under subsection
(b) of this section and shall certify compliance with the State Building Code, the State
Fire Safety Code and the regulations lawfully adopted under said codes for such building
or alteration to such building, as the case may be, to the State Building Inspector prior
to occupancy or use of the facility.
(d) (1) No state building or structure erected or altered on and after July 1, 1989,
for which a building permit has been issued pursuant to subsection (b) of this section,
shall be occupied or used in whole or in part, until a certificate of occupancy has been
issued by the State Building Inspector, certifying that such building or structure substantially conforms to the provisions of the State Building Code and the regulations lawfully
adopted under said code and the State Fire Marshal has verified substantial compliance
with the State Fire Safety Code and the regulations lawfully adopted under said code
for such building or alteration to such building, as the case may be.
(2) No state building or structure erected or altered on and after July 1, 1989, for
which a building permit has not been issued pursuant to subsection (b) of this section
shall be occupied or used in whole or in part, until the commissioner of the agency
erecting or altering the building or structure certifies to the State Building Inspector that
the building or structure substantially complies with the provisions of the State Building
Code, the State Fire Safety Code and the regulations lawfully adopted under said codes
for such building or alteration to such building, as the case may be.
(e) The State Building Inspector or the designee of the inspector shall inspect or
cause to be inspected any construction of buildings or alteration of existing buildings
by state agencies. The State Building Inspector may order any state agency to comply
with the State Building Code.
(f) The joint standing committee of the General Assembly having cognizance of
matters relating to the Department of Public Safety may annually review the implementation date in subsection (b) of this section, to determine the need, if any, for revision.
(g) Any person aggrieved by any refusal to issue a building permit or certificate of
occupancy under the provisions of this section or by an order to comply with the State
Building Code or the State Fire Safety Code may appeal, de novo, to the Codes and
Standards Committee not later than seven days after the issuance of any such refusal or
order.
(h) State agencies shall be exempt from the permit requirements of section 29-263
and the certificate of occupancy requirement under section 29-265.
(P.A. 85-195, S. 1; P.A. 88-359, S. 2, 12; P.A. 89-255, S. 2, 7; P.A. 90-153, S. 1, 4; P.A. 91-84, S. 1, 2; P.A. 92-55;
P.A. 93-200, S. 1, 2; 93-288, S. 5, 7; P.A. 95-157, S. 1, 2; P.A. 97-273, S. 1, 2; June 18 Sp. Sess. P.A. 97-11, S. 29, 65;
P.A. 98-233, S. 3, 8; 98-263, S. 5, 21; P.A. 99-206, S. 1, 4; 99-209, S. 2, 4; P.A. 04-150, S. 4.)
History: P.A. 88-359 (1) inserted new provisions in Subsec. (b), prohibiting construction or alteration of state buildings
or structures on and after July 1, 1989, until state building inspector issues building permit, requiring public works commissioner to certify that plans comply with codes and state building inspector to review plans to verify compliance with
building code; (2) relettered remaining Subsecs., inserting in Subsec. (c) requirement that agencies apply to state building
inspector for a certificate of occupancy; (3) inserted new provisions in Subsec. (d), requiring certificate of occupancy for
state buildings or structures erected or altered on and after July 1, 1989; (4) amended Subsec. (e), formerly (c), to require
state building inspector to inspect construction or alteration of buildings by state agencies; and (5) amended Subsec. (f),
formerly (d), to delete reference to any person aggrieved by "a certificate of compliance" and insert in lieu thereof reference
to "any refusal to issue a building permit or certificate of occupancy under the provisions of this section"; P.A. 89-255
amended (1) Subsec. (b) to require two copies of plans and specifications to accompany application, (2) Subsec. (c) to
require state agencies to give written notice to state building inspector of intent to apply for certificate of occupancy prior
to advertisement for a construction contract and (3) Subsec. (e) to permit state building inspector to appoint a designee to
inspect or cause to be inspected any construction or alteration of buildings by state agencies; P.A. 90-153 amended Subsec.
(b) to provide that no state building or structure that exceeds threshold limits in Sec. 29-276b and on and after July 1, 1991,
no other such building or structure shall be constructed or altered until filing of application by commissioner of agency
authorized to contract under provisions of Sec. 4b-1 or 4b-51, and to specify that state building inspector may issue or
refuse to issue building permit "in whole or in part" after his review, amended Subsec. (c) to delete requirement that
agencies give written notice to state building inspector of intent to apply for certificate of occupancy prior to advertisement
for construction contract and to require agencies to apply to state building inspector for certificate of occupancy for all
buildings or alterations for which a building permit is required under Subsec. (b) and inserted new Subsec. (f) re review
of implementation date in Subsec. (b), relettering remaining Subsecs. accordingly; P.A. 91-84 amended Subsec. (b) to
delay, from July 1, 1991, to July 1, 1993, requirement for building permit for construction or alteration of a nonthreshold
state building; P.A. 92-55 divided Subsec. (d) into two Subdivs., placing existing language in Subdiv. (1) and amending
same by limiting applicability of provisions concerning the issuance of certificate of occupancy to buildings or structures
"for which a building permit has been issued pursuant to subsection (b) of this section", and adding new language as Subdiv.
(2) prohibiting use of certain state buildings or structures erected or altered on and after July 1, 1989, until commissioner of
agency erecting or altering the building or structure certifies to state building inspector that same substantially complies
with state building code; P.A. 93-200 amended Subsec. (b) to delay, from July 1, 1993, to July 1, 1995, requirement for
building permit for construction or alteration of a nonthreshold state building, effective July 1, 1993; P.A. 93-288 amended
Subsec. (b) requiring the commissioner of contracting agency to include on contractors' and subcontractors' applications
Connecticut tax registration numbers and federal Social Security number or federal identification number and requiring
state building inspector to furnish application copies to revenue services commissioner, effective July 1, 1993; P.A. 95-157 amended Subsec. (b) to delay, from July 1, 1995, to July 1, 1997, requirement for building permit for construction or
alteration of a nonthreshold state building, effective July 1, 1995; P.A. 97-273 amended Subsec. (c) to require state agencies
that contract to construct or alter state buildings for which a building permit is required to be responsible for and certify
compliance with Fire Safety Code, amended Subsec. (d) to add requirement to Subdiv. (1) that State Fire Marshal verify
substantial compliance with Fire Safety Code prior to use of state buildings or structures erected or altered on and after
July 1, 1989 for which a building permit has been issued, and to add requirement to Subdiv. (2) that commissioner of
agency erecting or altering state buildings or structures erected or altered on and after July 1, 1989 for which a building
permit has not been issued certify to State Building Inspector that same substantially complies with Fire Safety Code prior
to use, and amended Subsec. (g) by authorizing state agencies to appeal Fire Safety Code compliance orders to Codes and
Standards Committee and by making a technical change, effective June 26, 1997; June 18 Sp. Sess. P.A. 97-11 amended
Subsec. (b) by changing scope and timing of certain permit requirements and repealing provisions re reporting of contractor
and subcontractor tax registration, Social Security and federal employer identification numbers, effective July 1, 1997;
P.A. 98-233 amended Subsec. (b) to add assessment of education fees, effective July 1, 1999; P.A. 98-263 amended Subsec.
(b) to delay, from July 1, 1999, to July 1, 2000, requirement for building permit for construction, alteration or addition to
a state building or structure, effective July 1, 1998; P.A. 99-206 divided Subsec. (b) into Subdivs. (1) and (2), deleted
requirement from Subdiv. (1) that no state building or structure or addition thereto be constructed or altered until an
application has been filed with the State Building Inspector and building permit issued, moved provision that said inspector
may request the State Fire Marshal to review plans to verify their compliance with the State Fire Safety Code from end of
section and made technical changes for consistency and clarity, effective July 1, 1999; P.A. 99-209 divided Subsec. (b)
into Subdivs. (1) and (2) and added requirement to Subdiv. (2) that the education fees deposited in the General Fund be
credited to the Department of Public Safety for code training and educational programs, and moved provision that the State
Building Inspector may request the State Fire Marshal to review plans to verify their compliance with the State Fire Safety
Code from the end of Subdiv. (2) to the end of Subdiv. (1), effective July 1, 1999; P.A. 04-150 amended Subsec. (e) to
make a technical change.
Sec. 29-253. (Formerly Sec. 19-395e). Code applicable to all municipalities.
Ordinance governing demolition of hazardous building. (a) The State Building Code,
including any amendment to said code adopted by the State Building Inspector and
Codes and Standards Committee, shall be the building code for all towns, cities and
boroughs.
(b) Nothing in this section shall prevent any town, city or borough from adopting
an ordinance governing the demolition of buildings deemed to be unsafe. As used in
this subsection, "unsafe building" means a building that constitutes a fire hazard or is
otherwise dangerous to human life or the public welfare.
(1969, P.A. 443, S. 3; P.A. 82-269, S. 1, 2; 82-432, S. 4, 19; 82-451, S. 7, 9; P.A. 83-187, S. 2; P.A. 97-320, S. 10, 11.)
History: P.A. 82-269 added Subsec. (b) permitting adoption of ordinance re demolition of hazardous buildings; P.A.
82-432 changed committee's name; P.A. 82-451 added Subsec. (c) which allows a municipality to adopt an ordinance
imposing a waiting period prior to demolition; Sec. 19-395e transferred to Sec. 29-253 in 1983; P.A. 83-187 deleted Subsec.
(c) concerning waiting periods prior to demolition; P.A. 97-320 amended Subsec. (b) by changing reference from hazardous
buildings to buildings deemed to be unsafe and by defining "unsafe building", effective July 1, 1997.
Cited. 192 C. 207, 215. Cited. 225 C. 575, 579.
Cited. 13 CA 1, 9.
Sec. 29-254. (Formerly Sec. 19-395g). Amendments to code. Variations and
exemptions. (a) Any town, city or borough or any interested person may propose amendments to the State Building Code, which proposed amendments may be either applicable
to all municipalities or, where it is alleged and established that conditions exist within
a municipality which are not generally found within other municipalities, any such
amendment may be restricted in application to such municipality. Each amendment to
the State Building Code shall be adopted in accordance with the provisions of chapter 54.
(b) The State Building Inspector may grant variations or exemptions from, or approve equivalent or alternate compliance with, the State Building Code where strict
compliance with the code would entail practical difficulty or unnecessary hardship, or
is otherwise adjudged unwarranted, provided that the intent of the law shall be observed
and public welfare and safety be assured. Any application for a variation or exemption
or equivalent or alternate compliance received by a local building official shall be forwarded to the State Building Inspector by first class mail within fifteen business days
of receipt by such local building official and shall be accompanied by a letter from such
local building official that shall include comments on the merits of the application. Any
such determination by the State Building Inspector shall be in writing. Any person
aggrieved by any decision of the State Building Inspector may appeal to the Codes and
Standards Committee within fourteen days after mailing of the decision. Any person
aggrieved by any ruling of the Codes and Standards Committee may appeal to the superior court for the judicial district wherein the premises concerned are located.
(1969, P.A. 443, S. 4; P.A. 77-614, S. 497, 610; P.A. 78-303, S. 18, 136; P.A. 82-432, S. 6, 19; P.A. 88-129; 88-359,
S. 11, 12; P.A. 99-163, S. 3; P.A. 02-72, S. 3.)
History: P.A. 77-614 made approval of amendment by building inspector and code standards committee further subject
to approval by commissioner of public safety, effective January 1, 1979; P.A. 78-303 made approval of amendment subject
to approval by commissioner of administrative services for period between June 6, 1978 and January 1, 1979; P.A. 82-432 replaced state building code standards committee with codes and standards committee and added Subsec. (b) re grant
of variations or exemption and equivalent or alternate compliance; Sec. 19-395g transferred to Sec. 29-254 in 1983; P.A.
88-129 amended Subsec. (a) to require that each amendment to the state building code be adopted in accordance with
chapter 54 and to delete other procedural requirements concerning adoption of proposed amendments; P.A. 88-359 amended
Subsec. (b) to (1) solely authorize the state building inspector to grant variations or exemptions from the code thus eliminating the authority of the codes and standards committee, (2) require that the state building inspector's determination be in
writing and (3) provide an appeals procedure; P.A. 99-163 amended Subsec. (b) by deleting the requirement that notifications re decisions on modifications be sent by registered mail; P.A. 02-72 amended Subsec. (b) to specify procedure for
the forwarding of application for variation or exemption or equivalent or alternate compliance received by local building
officials to the State Building Inspector, to eliminate reference to applications for a modification of the code and to make
technical changes.
Annotation to former section 19-395:
Legal passage of a municipal ordinance will be presumed not only from lapse of time but also from the fact that its
legality was never challenged. 6 Conn. Cir. Ct. 69, 71, 72.
Sec. 29-254a. Penalty for violation of State Building Code. Any person who
violates any provision of the State Building Code shall be fined not less than two hundred
nor more than one thousand dollars or imprisoned not more than six months or both.
(P.A. 88-359, S. 9, 12.)
Sec. 29-254b. List of variations or exemptions from, or equivalent or alternate
compliance with, code. Not later than January 1, 2003, the State Building Inspector
and the Codes and Standards Committee, in conjunction with the Commissioner of
Public Safety, shall create a list of variations or exemptions from, or equivalent or alternate compliance with, the State Building Code granted relative to existing buildings in
the last two calendar years and shall update such list biennially. Not later than April 1,
2003, the Commissioner of Public Safety shall, within available appropriations, (1) send
such list to all local building officials, (2) take appropriate actions to publicize such list,
and (3) educate local building officials and the public on how to use the list.
(P.A. 02-72, S. 1.)
Sec. 29-255. (Formerly Sec. 19-395h). Authority of fire marshals unaffected.
This part shall not be construed to limit or restrict the authority of the state or local fire
marshals as provided in part II of this chapter.
(1969, P.A. 443, S. 16.)
History: Sec. 19-395h transferred to Sec. 29-255 in 1983.
Sec. 29-256. (Formerly Sec. 19-395q). Revision of Building and Fire Safety
Codes. Rehabilitation subcode. Regulations. (a) In order to make the State Building
Code and the State Fire Safety Code more responsive to present economic conditions,
to promote reduction in the cost of construction of homes and other buildings, thereby
creating more jobs in the construction industry and promoting home ownership, as well
as to enable the citizens of the state to realize the benefits of the latest technology in
energy conservation in the design and construction of homes and other buildings, the
State Building Inspector and Codes and Standards Committee, in conjunction with the
Commissioner of Public Safety, shall thoroughly review and revise the State Building
Code and the State Fire Safety Code, with an emphasis on performance rather than
design specifications. In the course of such review, the State Building Inspector and the
Codes and Standards Committee shall develop a rehabilitation subcode. The provisions
of such subcode shall include, but not be limited to, the identification and standardization
of economically feasible rehabilitation standards and modifications that ensure the public health, safety and welfare, and protect the environment. Such subcode shall be included in any revision of the State Building Code.
(b) Not later than January 1, 2005, the commissioner shall adopt regulations, in
accordance with the provisions of chapter 54, to implement the provisions of this section.
(P.A. 77-512, S. 1, 5; 77-614, S. 73, 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-417; P.A. 82-432, S. 7, 19; June
Sp. Sess. P.A. 98-1, S. 59, 121; P.A. 03-184, S. 8.)
History: P.A. 77-614 replaced commissioner of public works with commissioner of administrative services, but reference was dropped altogether in 1979 edition of statutes, presumably by authority of P.A. 78-303 to achieve conformity
with Secs. 19-395, 19-395f and 19-395g, and, effective January 1, 1979, replaced commissioner of state police with
commissioner of public safety; P.A. 80-417 required development of separate standards by building inspector and code
standards committee and required their inclusion in building code revisions; P.A. 82-432 amended section to reflect merger
of fire safety code standards committee and state building code standards committee into single codes and standards
committee; Sec. 19-395q transferred to Sec. 29-256 in 1983; June Sp. Sess. P.A. 98-1 made a technical change, effective
June 24, 1998; P.A. 03-184 designated existing provisions as Subsec. (a) and amended said Subsec. by replacing requirement
for separate Building Code standards for rehabilitation of buildings with provisions re rehabilitation subcode, and added
Subsec. (b) re adoption of regulations.
Sec. 29-256a. Revision of code. Energy efficiency. The State Building Inspector
and the Codes and Standards Committee shall revise the State Building Code to require
that buildings and building elements be designed to provide optimum cost-effective
energy efficiency over the useful life of the building. Such revision shall meet the American Society of Heating, Refrigerating and Air Conditioning Engineers Standard 90.1
for new construction.
(P.A. 90-219, S. 3.)
Sec. 29-256b. Revision of code. Use of ungraded lumber. The State Building
Inspector and the Codes and Standards Committee shall, jointly, with the approval of
the Commissioner of Public Safety, amend the State Building Code adopted under section 29-252 to allow the use of ungraded lumber in utility structures, as defined in the
State Building Code, or low risk structures including, but not limited to, barns, agricultural buildings, sheds, garages or other outbuildings.
(P.A. 96-41, S. 2.)
Sec. 29-256c. Revision of code. Bed and breakfast establishments. Not later
than January 1, 2000, the State Building Inspector and the State Fire Marshal, in conjunction with the Codes and Standards Committee, shall make amendments to the State
Building Code and the State Fire Safety Code concerning bed and breakfast establishments. Said amendments shall: (1) Be adopted in accordance with the provisions of
chapter 54; (2) define the term "bed and breakfast"; and (3) be designed to preserve the
unique character of such establishments, contain the cost of conversion of a home to
such an establishment and support the tourism industry in the state, provided such
amendments shall not affect the safe design, use or construction of such establishments.
(P.A. 98-6, S. 1, 2.)
History: P.A. 98-6 effective July 1, 1998.
Sec. 29-257. (Formerly Sec. 19-395r). Scope of revision. Section 29-257 is repealed.
(P.A. 77-512, S. 2, 5; P.A. 87-172; P.A. 88-356, S. 5.)
Sec. 29-258. (Formerly Sec. 19-395s). Educational program. The Commissioner of Public Safety shall conduct a comprehensive educational program for design
professionals, construction industry representatives and local building officials for carrying out the purpose of section 29-256.
(P.A. 77-512, S. 3, 5; 77-614, S. 73, 587, 610; P.A. 78-303, S. 85, 136; P.A. 88-356, S. 2.)
History: P.A. 77-614 replaced commissioner of public works with commissioner of administrative services, but by
authority of P.A. 78-303 reference was changed to commissioner of public safety to achieve conformity with Secs. 19-395, 19-395f and 19-395g; Sec. 19-395s transferred to Sec. 29-258 in 1983; P.A. 88-356 deleted reference to Sec. 29-257.
Sec. 29-259. (Formerly Sec. 19-395t). Exemption from code for urban homesteading property and historic structures. (a) The State Building Inspector and the
Codes and Standards Committee shall revise the State Building Code to allow exemptions from the State Building Code for property acquired by an urban homesteading
agency, pursuant to section 8-169r, and transferred to a qualified applicant pursuant to
section 8-169s, and for historic structures, as defined in section 10-410, which have
been classified as such in the state register of historic places, to encourage participation
in urban homesteading programs and the restoration and preservation of historic places;
provided such exemptions shall not affect the safe design, use or construction of such
property.
(b) Any person, agent of the state, municipality or any other political subdivision
of the state may apply to the State Building Inspector and the Codes and Standards
Committee to modify or set aside standards for historic buildings incorporated in the
State Building Code. The State Building Inspector shall, within seven days of receipt
of any such application, forward a copy of such application to the director of the Office
of Protection and Advocacy for Persons with Disabilities and to the director of the
Connecticut Commission on Culture and Tourism. Each of said directors shall, within
thirty days of receipt, review such application and make such written recommendations
as he deems appropriate to the State Building Inspector and the Codes and Standards
Committee concerning the disposition of such application. The recommendations of
such directors shall be part of the records and documents of the State Building Inspector
concerning such application. The State Building Inspector and the Codes and Standards
Committee shall consider such written recommendations when acting upon such application and may set aside or modify an individual standard or specification when they
jointly determine that it would not be feasible or would unreasonably complicate the
construction, alteration or repair in question and where alternative methods and materials
have been proposed to maintain certain features. Such determination shall be in writing,
shall state the reasons therefor and if it sets aside any such standard of specification, a
copy of such determination shall be sent to each of said directors.
(c) Regulations or codes made or amended by authority of this section shall, after
a public hearing called for that purpose by the State Building Inspector not less than
thirty days before the date of such hearing, be filed by the State Building Inspector with
the Secretary of the State in accordance with the provisions of chapter 54 and he shall
thereafter make copies available to persons having an interest therein.
(d) If any regulation made or amended by authority of this section is set aside by a
court, such ruling shall affect only the regulation, standard or specification included in
the ruling and all other regulations, standards or specifications shall remain in effect.
(P.A. 77-318; P.A. 79-607, S. 14; P.A. 80-483, S. 82, 186; P.A. 82-432, S. 8, 19; June Sp. Sess. P.A. 98-1, S. 60, 121;
June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30.)
History: P.A. 79-607 inserted new Subsec. (b) re modification or setting aside of standards and redesignated former
Subsecs. (b) and (c) accordingly; P.A. 80-483 made technical change; P.A. 82-432 replaced state building code standards
committee with codes and standards committee; Sec. 19-395t transferred to Sec. 29-259 in 1983; June Sp. Sess. P.A. 98-1 changed reference in Subsec. (b) from "advocacy for the handicapped and developmentally disabled" to "advocacy for
persons with disabilities", effective June 24, 1998; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut
Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August
20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced
Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and
Tourism.
Annotation to former section 19-395t:
Cited. 200 C. 151, 167, 169.
Annotation to present section:
Cited. 200 C. 151, 167, 169.
Sec. 29-260. (Formerly Sec. 19-396). Municipal building official to administer
code. Appointment. Dismissal. (a) The chief executive officer of any town, city or
borough, unless other means are already provided, shall appoint an officer to administer
the code for a term of four years and until his successor qualifies and quadrennially
thereafter shall so appoint a successor. Such officer shall be known as the building
official. Two or more communities may combine in the appointment of a building official for the purpose of enforcing the provisions of the code in the same manner. The
chief executive officer of any town, city or borough, upon the death, disability, dismissal,
retirement or revocation of licensure of the building official, may appoint a licensed
building official as the acting building official for a single period not to exceed one
hundred eighty days.
(b) Unless otherwise provided by ordinance, charter or special act a local building
official who fails to perform the duties of his office may be dismissed by the local
appointing authority and another person shall be appointed in his place; provided that
prior to such dismissal such local building official shall be given an opportunity to be
heard in his own defense at a public hearing in accordance with subsection (c).
(c) No local building official may be dismissed under subsection (b) unless he has
been given notice in writing of the specific grounds for such dismissal and an opportunity
to be heard in his own defense, personally or by counsel, at a public hearing before the
authority having the power of dismissal. Such public hearing shall be held not less than
five nor more than ten days after such notice. Any person so dismissed may appeal
within thirty days following such dismissal to the superior court for the judicial district
in which such town, city or borough is located. Service shall be made as in civil process.
Such court shall review the record of such hearing and if it appears that testimony is
necessary for an equitable disposition of the appeal, it may take evidence or appoint a
referee or a committee to take such evidence as it may direct and report the same to the
court with his or its findings of fact, which report shall constitute a part of the proceedings
upon which the determination of the court shall be made. The court may affirm the
action of such authority or may set the same aside if it finds that such authority acted
illegally or abused its discretion.
(d) Each municipality shall become a member of the Building Officials and Code
Administrators International not later than January 1, 1987, and shall pay the membership fee.
(1949 Rev., S. 4107; 1967, P.A. 874; 1969, P.A. 443, S. 5; P.A. 79-153; P.A. 86-372, S. 1; P.A. 92-164, S. 3.)
History: 1967 act substituted chief executive officer for legislative body as the appointing authority for municipal
administrators and specified a four-year term; 1969 act deleted references to towns' acceptance and adoption of code as
condition for appointing officer to administer code and specified title of officer so appointed as "the building official";
P.A. 79-153 added Subsecs. (b) and (c) re dismissal of building official; Sec. 19-396 transferred to Sec. 19-260 in 1983;
P.A. 86-372 added Subsec. (d), requiring municipalities to become a member of BOCA; P.A. 92-164 amended Subsec.
(a) by adding provision re appointment of acting building official.
Annotations to former section 19-396:
Where appointive officer lacks power to make appointment, appointment is illegal and appointee at best is a de facto
officer. 151 C. 447. Cited. 170 C. 675, 678.
Annotations to present section:
Cited. 219 C. 217, 222.
Cited. 13 CA 1, 9. Cited. 15 CA 323, 325, 327.
Subsec. (a):
Cited. 219 C. 217, 219-222, 224.
Sec. 29-261. (Formerly Sec. 19-397). Qualifications of building official and assistant building officials. Powers and duties. Return of building plans and specifications. (a) The building official, to be eligible for appointment, shall have had at least
five years' experience in construction, design or supervision and assistant building officials shall have had at least three years' experience in construction, design or supervision,
or equivalent experience as determined by the Commissioner of Public Safety. They
shall be generally informed on the quality and strength of building materials, on the
accepted requirements of building construction, on the accepted requirements of design
and construction relating to accessibility to and use of buildings by the physically disabled, on good practice in fire prevention, on the accepted requirements regarding light
and ventilation, on the accepted requirements for safe exit facilities and on other items
of equipment essential for the safety, comfort and convenience of occupants and shall
be certified under the provisions of section 29-262.
(b) The building official or assistant building official shall pass upon any question
relative to the mode, manner of construction or materials to be used in the erection or
alteration of buildings or structures, pursuant to applicable provisions of the State Building Code and in accordance with rules and regulations adopted by the Department of
Public Safety. They shall require compliance with the provisions of the State Building
Code, of all rules lawfully adopted and promulgated thereunder and of laws relating to
the construction, alteration, repair, removal, demolition and integral equipment and
location, use, accessibility, occupancy and maintenance of buildings and structures,
except as may be otherwise provided for.
(c) A building official may request proof of licensure from any person at a construction site for which a building permit was issued. If such official finds any person engaging
in or practicing work in an occupation for which a license is required under chapters
393 and 393a, without first having obtained an apprentice permit or a license for such
work or occupation, the building official may issue a written order and personally deliver
such order or send such order by certified mail to the person holding such building
permit. Such order may require that any person working at such site without the required
permit or license shall cease work at the site immediately. The unlicensed person may
perform such work or occupation at the construction site upon submission of documentation satisfactory to the building official of compliance under said chapters 393 and 393a.
(d) The building official or his assistant shall have the right of entry to such buildings
or structures, except single-family residences, for the proper performance of his duties
between the hours of nine a.m. and five p.m., except that in the case of an emergency
he shall have the right of entry at any time, if such entry is necessary in the interest of
public safety.
(e) Notwithstanding any provision of the Freedom of Information Act, as defined
in section 1-200, or the State Building Code, upon receipt of a written request signed
by the owner of plans and specifications on file for a single-family dwelling or out-building, the building official shall immediately return the original plans and specifications to the owner after a certificate of occupancy is issued with respect to the plans and
specifications.
(1949 Rev., S. 4108; 1969, P.A. 443, S. 6; 1971, P.A. 573, S. 1; 802, S. 5; P.A. 82-279, S. 1, 4; P.A. 86-372, S. 4; P.A.
87-55; P.A. 88-356, S. 3; 88-364, S. 45, 123; P.A. 92-164, S. 1; P.A. 97-47, S. 34; P.A. 02-115, S. 1; P.A. 03-205, S. 1.)
History: 1969 act required that building official be certified under Sec. 19-397a and revised conditions under which
qualifications need not be fulfilled, i.e. in case of official holding office before October 1, 1970, provided certification is
achieved within four years (October 1, 1974), previously officials holding office before municipality adopted state building
code were excused from qualifications; 1971 acts replaced "October 1, 1970" with "October 1, 1971", made provisions
applicable to assistant building officials and required them to have at least three years' experience in construction, design
or supervision and required officials to act "pursuant to applicable provisions of the state building code and in accordance
with rules and regulations adopted by the board of materials review"; P.A. 82-279 transferred regulatory functions from
board of materials review to public safety department, effective July 1, 1983; Sec. 19-397 transferred to Sec. 29-261 in
1983; P.A. 86-372 subdivided the section into Subsecs. and added provision requiring return of plans and specifications;
P.A. 87-55 amended Subsec. (a), requiring building official and assistant building officials to be informed on design and
construction requirements concerning handicapped accessibility; P.A. 88-356 and 88-364 amended Subsec. (a) to eliminate
exception for building officials or assistant building officials holding office in any municipality prior to October 1, 1971;
P.A. 92-164 inserted new Subsec. (c) authorizing building officials to request proof of licensure from any person at a
construction site and relettered the remaining Subsecs.; P.A. 97-47 amended Subsec. (e) by substituting reference to "the
Freedom of Information Act, as defined in Sec. 1-18a" for "chapter 3"; P.A. 02-115 amended Subsec. (a) to allow building
official and assistant building officials to have equivalent experience as determined by the Commissioner of Public Safety;
P.A. 03-205 amended Subsec. (e) to make a technical change and replace former provisions re return of plans and specifications with provisions requiring the return of original plans and specifications to the owner of a single-family dwelling or
out-building after a certificate of occupancy is issued and a signed written request is received.
Cited. 208 C. 620, 637.
Cited. 15 CA 323, 325.
Sec. 29-262. (Formerly Sec. 19-397a). Licensure of building officials. Continuing educational programs. Suspension or revocation of license or certificate. Hearing. Appeal. Indemnification. (a) The State Building Inspector and the Codes and
Standards Committee acting jointly, with the approval of the Commissioner of Public
Safety, shall require passage of a written examination and successful completion of a
suitable educational program of training as proof of qualification pursuant to section
29-261 to be eligible to be a building official. No person shall act as a building official
for any municipality until the State Building Inspector, upon a determination of qualification, issues a license to such person except that a license shall not be required (1) in
the case of a person certified prior to January 1, 1984, or (2) in the case of a provisional
appointment, for a period not to exceed ninety days in order to complete such training
program and licensure classes, made in accordance with standards established in regulations adopted by the State Building Inspector and the Codes and Standards Committee
in accordance with the provisions of chapter 54. The State Building Inspector and the
Codes and Standards Committee, with the approval of the Commissioner of Public
Safety, shall adopt regulations, in accordance with chapter 54, to (A) establish classes
of licensure that will recognize the varying complexities of code enforcement in the
municipalities within the state, and (B) require continuing educational programs for
each such class that shall include basic requirements for each such program and a system
of control and reporting. Any licensed or certified building official or inspector who
wishes to retire his or her license or certificate may apply to the office of the State
Building Inspector to have such license or certificate retired and be issued a certificate
of emeritus. Such retired official or inspector may no longer hold himself or herself out
as a licensed or certified official or inspector.
(b) The State Building Inspector shall prepare and conduct or approve continuing
educational programs designed to train and assist building officials in carrying out the
duties and responsibilities of their office. Such educational programs shall be in addition
to the program specified under subsection (a) of this section and shall consist of not less
than ninety hours of training over consecutive three-year periods. Each building official
shall attend such training programs and present proof of successful completion to the
State Building Inspector. The State Building Inspector may, after notice and opportunity
for hearing, revoke any license issued under the provisions of subsection (a) of this
section or any certificate issued prior to January 1, 1984, for failure on the part of any
building official to present such proof.
(c) The fees for the educational programs of training required in subsections (a) and
(b) of this section and the cost of textbooks for such programs shall be paid from the
education fee assessed pursuant to section 29-263. Any person may participate in the
educational programs specified under subsection (b) of this section at his own expense
where space is available.
(d) The Codes and Standards Committee may suspend or revoke the license or
certificate of any building official who fails to faithfully perform the duties of his office.
No such building official may have his license or certificate suspended or revoked unless
he has been given notice in writing of the specific grounds for such action and an opportunity to be heard in his own defense, personally or by counsel, at a hearing before the
Codes and Standards Committee. Such hearing shall be held in accordance with the
provisions of chapter 54. Any such building official may appeal such suspension or
revocation to the Superior Court in accordance with the provisions of section 4-183.
Said court shall review the record of such hearing and, if it appears upon the hearing
on the appeal that testimony is necessary for an equitable disposition of the appeal, it
may take evidence or appoint a referee or a committee to take such evidence as it may
direct and report the same to the court with his or its findings of fact, which report shall
constitute a part of the proceedings upon which the determination of the court shall be
made. The court may affirm the action of the Codes and Standards Committee or may
set the same aside if it finds that such committee acted illegally or in the abuse of its
discretion.
(e) For purposes of indemnification of any building official against any losses, damages or liabilities arising out of the performance of his official duties, the building official
shall be deemed to be acting for the municipality in which he was appointed.
(1969, P.A. 443, S. 7; P.A. 77-614, S. 498, 610; P.A. 78-303, S. 19, 136; P.A. 82-432, S. 9, 19; P.A. 86-372, S. 2; P.A.
87-105; P.A. 88-359, S. 3, 12; P.A. 89-255, S. 3, 7; P.A. 91-117, S. 1, 2; P.A. 04-150, S. 1.)
History: P.A. 77-614 replaced public works commissioner with commissioner of public safety, effective January 1,
1979; P.A. 78-303 replaced public works commissioner with commissioner of administrative services for period between
June 6, 1978 and January 1, 1979; P.A. 82-432 replaced building code standards committee with codes and standards
committee, required that building official pass examination and successfully complete educational program where previously one of the two was sufficient and replaced certification procedure with licensure procedure as specified; Sec. 19-397a transferred to Sec. 29-262 in 1983; P.A. 86-372 divided section into Subsecs., required municipalities to pay fees
associated with training programs and added provision re indemnification; P.A. 87-105 amended Subsec. (a), providing
an exemption from licensure in the case of a provisional appointment made according to standards established in regulations
and deleting reference to "initial" appointment; P.A. 88-359 (1) amended Subdiv. (2) of Subsec. (a) re provisional appointment to delete reference to minimum period of time necessary, substituting in lieu thereof, a period not to exceed ninety
days, (2) inserted new provisions in Subsec. (b), requiring continuing education for local building officials, consisting of
a minimum of ninety hours over three years and revocation of licensure for failure to complete such educational programs,
(3) relettered remaining Subsecs., inserting in Subsec. (c) provision authorizing any person to participate in educational
programs in Subsec. (b) at own expense where space is available; P.A. 89-255 amended Subsec. (b) to clarify that the
educational program be of a continuing nature and inserted new Subsec. (d) relative to the suspension or revocation of a
local building official's license for failure to perform duties of his office, relettering former Subsec. (d) as (e); P.A. 91-117 amended (1) Subsec. (b) to permit state building inspector to revoke any certificate issued prior to January 1, 1984,
for building official's failure to present proof of successful completion of continuing educational programs, and (2) Subsec.
(d) to permit codes and standards committee to suspend or revoke certificate of any such official who fails to faithfully
perform official duties; P.A. 04-150 amended Subsec. (a) to require adoption of regulations to establish classes of licensure
that recognize varying complexities of code enforcement in municipalities and to require continuing educational programs
for each such class that shall include basic requirements for each such program and a system of control and reporting, and
to authorize application by any licensed or certified building official or inspector who wishes to retire his or her license
or certificate to the State Building Inspector to have such license or certificate retired and to be issued a certificate of
emeritus, amended Subsec. (b) to make a technical change, and amended Subsec. (c) to eliminate responsibility of each
municipality for full payment of fees for educational programs of training and to require that such fees be paid from the
education fee assessed pursuant to Sec. 29-263.
See Sec. 29-251b re Building Code Training Council.
Subsec. (a):
Cited. 219 C. 217, 226.
Sec. 29-262a. Uniform building permit application form. The Commissioner
of Public Safety shall establish a uniform building permit application form.
(P.A. 93-131, S. 1, 2.)
History: P.A. 93-131 effective July 1, 1994.
Sec. 29-263. (Formerly Sec. 19-398). Permit to construct or alter. Education
fee. (a) Except as provided in subsection (h) of section 29-252a and the State Building
Code adopted pursuant to subsection (a) of section 29-252, after October 1, 1970, no
building or structure shall be constructed or altered until an application has been filed
with the building official and a permit issued. Such permit shall be issued or refused,
in whole or in part, within thirty days after the date of an application. No permit shall
be issued except upon application of the owner of the premises affected or the owner's
authorized agent. No permit shall be issued to a contractor who is required to be registered pursuant to chapter 400, for work to be performed by such contractor, unless the
name, business address and Department of Consumer Protection registration number
of such contractor is clearly marked on the application for the permit, and the contractor
has presented such contractor's certificate of registration as a home improvement contractor. Prior to the issuance of a permit and within said thirty-day period, the building
official shall review the plans of buildings or structures to be constructed or altered,
including, but not limited to, plans prepared by an architect licensed pursuant to chapter
390, a professional engineer licensed pursuant to chapter 391 or an interior designer
registered pursuant to chapter 396a acting within the scope of such license or registration,
to determine their compliance with the requirements of the State Building Code and,
where applicable, the local fire marshal shall review such plans to determine their compliance with the State Fire Safety Code. Such plans submitted for review shall be in
substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the State Fire Safety Code.
(b) On and after July 1, 1999, the building official shall assess an education fee on
each building permit application. During the fiscal year commencing July 1, 1999, the
amount of such fee shall be sixteen cents per one thousand dollars of construction value
as declared on the building permit application and the building official shall remit such
fees quarterly to the Department of Public Safety, for deposit in the General Fund. Upon
deposit in the General Fund, the amount of such fees shall be credited to the appropriation
to the Department of Public Safety and shall be used for the code training and educational
programs established pursuant to section 29-251c and the educational programs required
in subsections (a) and (b) of section 29-262. On and after July 1, 2000, the assessment
shall be made in accordance with regulations adopted pursuant to subsection (d) of
section 29-251c. All fees collected pursuant to this subsection shall be maintained in a
separate account by the local building department. During the fiscal year commencing
July 1, 1999, the local building department may retain two per cent of such fees for
administrative costs incurred in collecting such fees and maintaining such account. On
and after July 1, 2000, the percentage of such fees which may be retained by a local
building department shall be determined in accordance with regulations adopted pursuant to subsection (d) of section 29-251c.
(1949 Rev., S. 4109; 1969, P.A. 443, S. 8; 1971, P.A. 802, S. 6; P.A. 82-432, S. 10, 19; P.A. 85-195, S. 2; P.A. 86-372,
S. 3; P.A. 90-230, S. 51, 101; P.A. 93-435, S. 9, 23, 95; P.A. 98-233, S. 4, 8; P.A. 99-209, S. 3, 4; P.A. 00-60; June 30 Sp.
Sess. P.A. 03-6, S. 146(d); P.A. 04-150, S. 2; 04-169, S. 17; 04-189, S. 1.)
History: 1969 act initiated permit requirement "after October 1, 1970" rather than "after the adoption of the state building
code by any municipality" and added provisions requiring action on application within thirty days of its submission and
requiring application by builder except where owner or his agent is applicant; 1971 act required application by owner or
his agent in all cases, builder no longer acceptable as applicant; P.A. 82-432 added provisions re review of building plans
by building official and local fire marshal prior to issuance of permit; Sec. 19-398 transferred to Sec. 29-263 in 1983; P.A.
85-195 exempted state agencies from permit requirement; P.A. 86-372 specifically required review of plans within thirty-day period and required plans to substantially comply with state building and fire codes; P.A. 90-230 corrected an internal
reference; P.A. 93-435 provided that plans to be reviewed include plans prepared by architects, professional engineers or
interior designers and made a technical change in reference to Sec. 29-252a to correct subsection cite, effective June 28,
1993; P.A. 98-233 designated existing provisions as Subsec. (a) adding reference to the State Building Code adopted
pursuant to Sec. 29-252(a), and added new Subsec. (b) re assessment of education fees, effective July 1, 1999; P.A. 99-209 amended Subsec. (b) by specifying that the education fees deposited in the General Fund be credited to the Department
of Public Safety for code training and educational programs, effective July 1, 1999; P.A. 00-60 amended Subsec. (a) by
adding requirements for application information and for proof of contractor's certificate of registration to be presented
prior to permit issuance and by making technical changes for purposes of gender neutrality; June 30 Sp. Sess. P.A. 03-6
and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-150 amended Subsec. (b) to require education fee to be used for the educational programs
required in Sec. 29-262 (a) and (b); P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.
See Sec. 20-417a(8) re new home construction.
Annotation to former section 19-398:
Where a building permit has been properly obtained it may not arbitrarily be revoked, particularly where on the faith
of it the owner has incurred material expense and substantial liabilities. 23 CS 461.
Annotations to present section:
Cited. 10 CA 581, 582. Cited. 18 CA 40, 45. Actual notice to defendant by state building inspector that his roof repair
required permit constituted fair warning and defeated defendant's claim that section is unconstitutionally vague. 64 CA 480.