CHAPTER 541*
BUILDING, FIRE AND DEMOLITION CODES.
FIRE MARSHALS AND FIRE HAZARDS.
SAFETY OF PUBLIC AND OTHER STRUCTURES

PART I
DIVISION OF FIRE, EMERGENCY AND BUILDING SERVICES

      Sec. 29-250. Division of Fire, Emergency and Building Services. Offices within. (a) There shall be within the Department of Public Safety a Division of Fire, Emergency and Building Services. The Commissioner of Public Safety shall serve as administrative head of said division. In his capacity as administrative head, the commissioner may delegate his jurisdiction of the affairs of the division to a deputy commissioner who shall be a civilian.

      (b) There shall be in the Division of Fire, Emergency and Building Services (1) an Office of the State Fire Marshal, (2) an Office of the State Building Inspector, and (3) an Office of State-Wide Emergency Telecommunications. The State Building Inspector shall serve as administrative head of the Office of the State Building Inspector. The head of each such office shall report to the administrative head of the Division of Fire, Emergency and Building Services.

      (P.A. 88-256, S. 1, 2; P.A. 90-337, S. 4, 8; P.A. 93-206, S. 15, 16; P.A. 95-11; P.A. 99-190, S. 8, 9.)

      History: P.A. 90-337 amended (1) Subsec. (a) to establish division of fire and building safety, deleting reference to office thereof, to require commissioner to serve as administrative head of division, and to permit commissioner to delegate jurisdiction of division affairs to civilian deputy commissioner, (2) Subsec. (b) to require bureaus of the state fire marshal and state building inspector to be in said division and the head of each bureau to report to administrative head of division; P.A. 93-206 amended Subsecs. (a) and (b) to substitute division of fire, emergency and building services for division of fire and building safety, and Subsec. (b) to substitute office for bureau of the state fire marshal and bureau of the state building inspector and to require office of emergency management and office of state-wide emergency telecommunications to be in division, effective July 1, 1993; P.A. 95-11 deleted former Subsecs. (c) and (d) requiring the Public Safety Commissioner and the General Assembly's joint standing committee having cognizance of public safety matters to report every six months on and monitor the status of implementation of the recommendations of the Governor's Building Construction Advisory Committee; P.A. 99-190 amended Subsec. (b) by removing the Office of Emergency Management from within the Division of Fire, Emergency and Building Services and renumbering the Subdivs. accordingly, effective July 1, 2000.

      See Sec. 28-1a re establishment of Department of Emergency Management and Homeland Security.

PART Ia*
STATE BUILDING CODE

      Sec. 29-251. (Formerly Sec. 19-395f). Codes and Standards Committee; duties; membership. There shall be within the Department of Public Safety a Codes and Standards Committee whose duty it shall be to work with the State Building Inspector in the enforcement of part Ia and the State Fire Marshal in the enforcement of part II of this chapter as set forth herein. The committee shall be composed of seventeen members, residents of the state, appointed by the Commissioner of Public Safety as follows: Two members shall be architects licensed in the state of Connecticut; three shall be professional engineers licensed in the state of Connecticut, two of whom shall practice either structural, mechanical or electrical engineering but in no event shall both of such members represent the same specialty and one of whom shall be a practicing fire protection engineer or mechanical engineer with extensive experience in fire protection; two shall be builders or superintendents of construction, one of whom shall have expertise in residential construction and one of whom shall have expertise in nonresidential construction; one shall be a public health official; two shall be building officials; two shall be local fire marshals; one shall be a Connecticut member of a national building trades labor organization; and four shall be public members, one of whom shall have expertise in matters relating to accessibility and use of facilities by the physically disabled and who shall be selected from a list of names submitted by the Office of Protection and Advocacy for Persons with Disabilities. Each member, other than the public members, shall have had not less than ten years' practical experience in his profession or business. The committee shall adopt regulations in accordance with the provisions of chapter 54 governing the procedure of the committee. Members who fail to attend three consecutive meetings or fifty per cent of all meetings during a calendar year shall be deemed to have resigned. It shall have power, within the limits of appropriations provided therefor, to employ such assistants as may be necessary to conduct its business.

      (1969, P.A. 443, S. 2; P.A. 77-614, S. 496, 610; P.A. 78-303, S. 17, 136; P.A. 79-560, S. 6, 39; P.A. 80-483, S. 81, 186; P.A. 82-432, S. 5, 19; P.A. 87-51; 87-108; P.A. 88-137; P.A. 89-144, S. 12; P.A. 97-308, S. 4; June Sp. Sess. P.A. 98-1, S. 58, 121.)

      History: P.A. 77-614 replaced department and commissioner of public works with department and commissioner of public safety, deleted provision re appointment for three-year terms, reduced architect, engineer and builder membership by one representative in each category and held these memberships for public members and deleted provision re committee's election of chairman, effective January 1, 1979; P.A. 78-303 replaced department and commissioner of public works with department and commissioner of administrative services for period between June 6, 1978 and January 1, 1979; P.A. 79-560 cleared confusion re power to appoint members by deleting reference to appointments by state fire marshal and specified that engineer members practice one of listed specialties but prohibited both from practicing same specialty; P.A. 80-483 made technical changes; P.A. 82-432 changed committee name from "state building code standards" to "codes and standards" committee, increased membership from nine to fourteen, adding one professional engineer, one building official, one public member and two local fire marshals, required that one engineer member be a practicing fire protection engineer and specified when failure to attend meeting is deemed to be resignation; Sec. 19-395f transferred to Sec. 29-251 in 1983; P.A. 87-51 required the committee to work with the state fire marshal in enforcing part II of this chapter and permitted the appointment of a mechanical engineer with experience in fire protection; P.A. 87-108 increased membership of codes and standards committee from fourteen to fifteen, adding one public member who shall have expertise in handicapped accessibility matters; P.A. 88-137 increased membership from fifteen to seventeen, adding another licensed architect and a laborer in building construction; P.A. 89-144 substituted the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 97-308 increased membership of builders or superintendents by one and specified their expertise in type of construction, substituted member of a national building trades labor organization for a laborer and reduced public members from five to four; June Sp. Sess. P.A. 98-1 specified that regulations re committee procedures shall be adopted in accordance with the provisions of chapter 54, effective June 24, 1998.

      See title 2c re termination under "Sunset Law".

      See Sec. 4-9a for definition of "public member".

      Cited. 18 CA 40.

      Sec. 29-251a. Review of regulations. Report. As used in this section, "program requirements" means any program or part of a program which is required by law. The Commissioner of Public Safety, in consultation with the Codes and Standards Committee, shall conduct a review of existing regulations of each state agency to determine whether any provision of such regulations conflicts with the State Building Code or the State Fire Safety Code. The commissioner shall make recommendations to the department head of any state agency which has regulations that are in conflict with the State Building Code or the State Fire Safety Code for the amendment of such regulations so they no longer are in conflict with said codes. Not later than ninety days following receipt of such recommendations, the department head of such state agency shall initiate the process under chapter 54 to amend or repeal such regulation in order to bring such regulation into compliance with the State Building Code or the State Fire Safety Code, as the case may be, unless the amendment or repeal of such regulation would result in a conflict with the applicable agency's program requirements. The Commissioner of Public Safety, in consultation with the Codes and Standards Committee, shall report such recommendations to the joint standing committee of the General Assembly having cognizance of matters relating to public safety.

      (P.A. 97-308, S. 1.)

      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.

      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: (A) That exceeds the threshold limits contained in section 29-276b and requires an independent structural review under said section, or (B) that includes residential occupancies for twenty-five or more persons, shall be constructed 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 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 to verify their compliance with the requirements of the State Building Code and, not later than thirty days after 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 said inspector's designee may inspect or cause to be inspected any construction of buildings or alteration of existing buildings by state agencies, except that said inspector or designee shall inspect or cause an inspection if the building being constructed includes residential occupancies for twenty-five or more persons. The State Building Inspector may order any state agency to comply with the State Building Code. The commissioner may delegate such powers as the commissioner deems expedient for the proper administration of this part and any other statute related to the State Building Code to The University of Connecticut, provided the commissioner and the president of The University of Connecticut enter into a memorandum of understanding concerning such delegation of powers in accordance with section 10a-109ff.

      (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; June Sp. Sess. P.A. 05-3, S. 110; P.A. 06-134, S. 11.)

      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; June Sp. Sess. P.A. 05-3 amended Subsec. (b)(1) to insert Subpara. (A) designator before existing provision re exceeding threshold limits contained in Sec. 29-276b and requiring independent structural review and to insert Subpara. (B) designator and "that includes residential occupancies for twenty-five or more persons,", to delete references to "or altered" and to make technical changes, and amended Subsec. (e) to substitute "may" for "shall" re inspection of any construction or alteration and to add exception from inspection provision, requiring inspector or designee to inspect or cause inspection if building being constructed includes residential occupancies for twenty-five or more persons, and to make a technical change, effective July 1, 2005; P.A. 06-134 amended Subsec. (e) by adding language re delegation of powers to The University of Connecticut and memorandum of understanding, effective July 1, 2006.

      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. Cited. 225 C. 575.

      Cited. 13 CA 1.

      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.

      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. 29-256d. Revision of code. Path marking systems. Not later than January 1, 2008, 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 floor proximity path marking devices or related devices intended for installation as a system to identify the path of emergency egress. The amendments shall require that a path marking system be installed within eighteen inches of the floor, provide a visible delineation of the path of travel along the designated exit access and be essentially continuous, except as interrupted by doorways, hallways, corridors or other such architectural features. The amendments shall provide which materials may be used for path marking, and such materials shall include, but not be limited to, electrical photo luminescent or self-luminous material. The amendments shall require installation of a path marking system in new construction in (1) Group A occupancies with an occupant load of more than three hundred persons, (2) Group B medical occupancies, (3) Group E occupancies, (4) Group I-1 occupancies, (5) Group I-2 occupancies, (6) Group R-1 hotels and motels, and (7) Group R-2 dormitories.

      (P.A. 06-162, S. 1.)

      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.

      Annotation to present section:

      Cited. 200 C. 151.

      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, 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) of this section.

      (c) No local building official may be dismissed under subsection (b) of this section 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 or 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. The 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 the court 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; P.A. 05-288, S. 128.)

      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; P.A. 05-288 made technical changes in Subsecs. (b) and (c), effective July 13, 2005.

      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.

      Annotations to present section:

      Cited. 219 C. 217.

      Cited. 13 CA 1. Cited. 15 CA 323.

      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.

      Cited. 15 CA 323.

      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.

      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. Cited. 18 CA 40. 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.

      Sec. 29-263a. Working drawings to be accompanied by evidence of licensure by the state. In the event that working drawings are used for the installation, alteration or modification of a fire sprinkler system, no state, city, town or borough building official responsible for the enforcement of laws, ordinances or regulations relating to the construction or alteration of buildings or structures, pursuant to section 29-263, shall accept or approve any such drawings or specifications which are not accompanied by evidence of licensure by the state as an automatic fire sprinkler system layout technician licensed pursuant to section 20-304a or are not accompanied by evidence of licensure by the state as a professional engineer in accordance with chapter 391.

      (P.A. 91-273, S. 3.)

      Sec. 29-264. (Formerly Sec. 19-398a). Approval of sets of building plans by State Building Inspector. Issuance of permits pursuant to such approval. The State Building Inspector may, upon application by a builder setting forth that a set of plans and specifications will be utilized in more than one municipality to acquire building permits, review and approve any set of plans and specifications for the construction or erection of any building or structure designed to provide dwelling space for not more than two families if such set of plans and specifications meet the requirements of the State Building Code. Any building official shall issue a building permit upon application by a builder and presentation to him of such a set of plans and specifications bearing the approval of the State Building Inspector if all other local ordinances are complied with.

      (1969, P.A. 443, S. 9.)

      History: Sec. 19-398a transferred to Sec. 29-264 in 1983.

      Sec. 29-265. (Formerly Sec. 19-400). Certificate of occupancy. (a) Except as provided in subsection (h) of section 29-252a, no building or structure erected or altered in any municipality after October 1, 1970, shall be occupied or used, in whole or in part, until a certificate of occupancy, as defined in the regulations adopted under section 29-252, has been issued by the building official, certifying that such building, structure or work performed pursuant to the building permit substantially conforms to the provisions of the State Building Code and the regulations lawfully adopted under said code. Nothing in the code or in this part shall require the removal, alteration or abandonment of, or prevent the continuance of the use and occupancy of, any single-family dwelling but within six years of the date of occupancy of such dwelling after substantial completion of construction of, alteration to or addition to such dwelling, or of a building lawfully existing on October 1, 1945, except as may be necessary for the safety of life or property. The use of a building or premises shall not be deemed to have changed because of a temporary vacancy or change of ownership or tenancy.

      (b) No building official shall refuse to issue a certificate of occupancy for any single-family dwelling because such dwelling is not connected to an electric utility if such dwelling is otherwise in conformity with the requirements of this section and applicable local health codes and is equipped with an alternative energy system. A certificate issued under this section shall contain a statement that an alternative energy system is in place. For the purposes of this subsection, "alternative energy system" means any system or mechanism which uses solar radiation, wind, water, biomass or geothermal resources as the primary source for the generation of electrical energy.

      (1949, Rev., S. 4111; 1969, P.A. 443, S. 11; P.A. 80-108, S. 1; P.A. 81-162, S. 3; P.A. 85-195, S. 3; P.A. 90-230, S. 52, 101; P.A. 93-435, S. 10, 95; P.A. 98-233, S. 5, 8.)

      History: 1969 act required certificate of occupancy after October 1, 1970, rather than after adoption of state building code by municipality; P.A. 80-108 added Subsec. (b) re certificate for buildings with alternative energy systems; P.A. 81-162 included six-year limitation on need for certificate on single-family dwelling; Sec. 19-400 transferred to Sec. 29-265 in 1983; P.A. 85-195 amended Subsec. (a), providing that state agencies be exempt from certificate of occupancy requirement; P.A. 90-230 corrected an internal reference; P.A. 93-435 made a technical amendment to Subsec. (a), effective June 28, 1993; P.A. 98-233 amended Subsec. (a) by referencing the definition of certificate of occupancy and adding "work performed pursuant to the building permit," effective July 1, 1999.

      See Sec. 29-261(e) re return of plans and specifications by building officials.

      See Sec. 47a-57 re issuance of certificate of occupancy as requirement for lawful occupation.

      Annotation to former section 19-400:

      Cited. 191 C. 528.

      Annotation to present section:

      Cited. 191 C. 528.

      Sec. 29-265a. Permits for swimming pools. (a) As used in this section, "pool alarm" means a device which emits a sound of at least fifty decibels when a person or an object weighing fifteen pounds or more enters the water in a swimming pool.

      (b) No building permit shall be issued for the construction or substantial alteration of a swimming pool at a residence occupied by, or being built for, one or more families unless a pool alarm is installed with the swimming pool.

      (P.A. 99-140.)

      Sec. 29-265b. Rain sensor devices for automatic lawn sprinkler systems. (a) Any state agency or commercial enterprise that begins installation of an automatic lawn sprinkler system on or after October 1, 2003, shall equip such sprinkler system with a rain sensor device or switch that will automatically override the irrigation cycle of such sprinkler system when adequate rainfall has occurred.

      (b) A municipality may, by ordinance adopted by its legislative body, require that any automatic lawn sprinkler system, the installation of which begins on or after October 1, 2003, shall be equipped with a rain sensor device or switch that will automatically override the irrigation cycle of such sprinkler system when adequate rainfall has occurred.

      (P.A. 03-175, S. 2.)

      Sec. 29-266. (Formerly Sec. 19-402). Municipal board of appeals. Filing of appeals in absence of board of appeals. (a) A board of appeals shall be appointed by each municipality. Such board shall consist of five members, all of whom shall meet the qualifications set forth in the State Building Code. A member of a board of appeals of one municipality may also be a member of the board of appeals of another municipality.

      (b) When the building official rejects or refuses to approve the mode or manner of construction proposed to be followed or the materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the code do not apply or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of the code and regulations have been misconstrued or wrongly interpreted, or when the building official issues a written order under subsection (c) of section 29-261, the owner of such building or structure, whether already erected or to be erected, or his authorized agent may appeal in writing from the decision of the building official to the board of appeals. When a person other than such owner claims to be aggrieved by any decision of the building official, such person or his authorized agent may appeal, in writing, from the decision of the building official to the board of appeals, and before determining the merits of such appeal the board of appeals shall first determine whether such person has a right to appeal. Upon receipt of an appeal from an owner or his representative or approval of an appeal by a person other than the owner, the chairman of the board of appeals shall appoint a panel of not less than three members of such board to hear such appeal. Such appeal shall be heard in the municipality for which the building official serves within five days, exclusive of Saturdays, Sundays and legal holidays, after the date of receipt of such appeal. Such panel shall render a decision upon the appeal and file the same with the building official from whom such appeal has been taken not later than five days, exclusive of Saturdays, Sundays and legal holidays, following the day of the hearing thereon. A copy of such decision shall be mailed, prior to such filing, to the party taking such appeal. Any person aggrieved by the decision of a panel may appeal to the Codes and Standards Committee within fourteen days after the filing of the decision with the building official. Any determination made by the local panel shall be subject to review de novo by said committee.

      (c) If, at the time that a building official makes a decision under subsection (b) of this section, there is no board of appeals for the municipality in which the building official serves, a person who claims to be aggrieved by such decision may submit an appeal, in writing, to the chief executive officer of such municipality. If, within five days, exclusive of Saturdays, Sundays and legal holidays, after the date of receipt of such appeal by such officer, the municipality fails to appoint a board of appeals from among either its own residents or residents of other municipalities, such officer shall file a notice of such failure with the building official from whom the appeal has been taken and, prior to such filing, mail a copy of the notice to the person taking the appeal. Such person may appeal the decision of the building official to the Codes and Standards Committee within fourteen days after the filing of such notice with the building official. If the municipality succeeds in appointing a board of appeals, the chief executive officer of the municipality shall immediately transmit the written appeal to such board, which shall review the appeal in accordance with the provisions of subsection (b) of this section.

      (d) Any person aggrieved by any ruling of the Codes and Standards Committee may appeal to the superior court for the judicial district where such building or structure has been or is being erected.

      (1949 Rev., S. 4113; 1969, P.A. 443, S. 12; 1971, P.A. 802, S. 9; P.A. 76-436, S. 391, 681; P.A. 78-280, S. 1, 127; P.A. 82-432, S. 14, 19; P.A. 85-321, S. 2, 3; P.A. 92-164, S. 2; P.A. 93-78; P.A. 04-150, S. 5.)

      History: 1969 act rephrased provisions establishing board of appeals, set membership at five and allowed members to serve on more than one board, allowed appeals by owners of buildings "whether already erected or to be erected", added provisions re hearings by panel, to be followed by appeals to state building code standards committee and then to court of common pleas, replacing provision for appeals from board of appeals directly to court of common pleas; 1971 act added provisions concerning appeals by persons other than owners; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 82-432 replaced state building code standards committee with codes and standards committee; Sec. 19-402 transferred to Sec. 29-266 in 1983; P.A. 85-321 divided the section into Subsecs., inserting new language in Subsec. (c), specifying a procedure for filing of appeals in the absence of a municipal board of appeals; P.A. 92-164 amended Subsec. (b) to authorize the board to hear appeals on citations issued by the building inspector concerning improper licensure of persons at a construction site; P.A. 93-78 amended Subsecs. (b) and (c) to extend, from seven to fourteen days, the time within which an appeal may be made to codes and standards committee; P.A. 04-150 amended Subsec. (b) to delete "the permit, in whole or in part, having been refused by the building official,".

      Annotations to former section 19-402:

      Cited. 162 C. 73. Cited. 174 C. 195. Cited. 175 C. 415. Cited. 176 C. 475. Cited. 185 C. 145.

      Annotations to present section:

      Subsec. (d):

      Cited. 18 CA 40. Cited. 24 CA 44.

      Sec. 29-267. (Formerly Sec. 19-398b). Tenement House Act provision re room size inapplicable to construction pursuant to Building Code. Section 19a-358 shall not apply to any building or structure erected or altered pursuant to the State Building Code.

      (1969, P.A. 443, S. 17; 1971, P.A. 802, S. 7.)

      History: 1971 act deleted reference to repealed Secs. 19-359 and 19-360; Sec. 19-398b transferred to Sec. 29-267 in 1983.

      Sec. 29-268. (Formerly Sec. 19-398c). Two exits required for sleeping rooms. Section 29-268 is repealed.

      (P.A. 73-663; P.A. 88-356, S. 5.)

      Sec. 29-269. (Formerly Sec. 19-395a). Standards for construction of buildings to accommodate physically handicapped persons. (a) The State Building Inspector and the Codes and Standards Committee shall revise the State Building Code to be in substantial compliance with the provisions of the Americans with Disabilities Act of 1990, as amended, 42 USC 12101 and the Fair Housing Amendments Act of 1988, as amended, 42 USC 3600. The provisions of this subsection and the State Building Code as from time to time revised pursuant to this section shall control the design, construction and arrangement of all buildings and building elements, constructed under permits issued on or after October 1, 1975, and all buildings or building elements constructed or substantially renovated by the state, any municipality or any other political subdivision of the state, the architectural design of which was commenced on or after October 1, 1977, except buildings which have been approved by the Department of Housing and Urban Development as being in conformance with federal standards for housing for the elderly and physically handicapped and for which a permit was issued prior to June 9, 1976, to ensure accessibility thereto and use by the physically handicapped.

      (b) Any variation of or exemption from any provision of (1) the State Building Code relating to accessibility to, and use of, buildings and structures by persons with disabilities, (2) subsection (g) of section 14-253a, (3) section 29-273, or (4) section 29-274, shall be permitted only when approved by the State Building Inspector and the director of the Office of Protection and Advocacy for Persons with Disabilities acting jointly. Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector to vary or set aside standards incorporated in the State Building Code pursuant to the provisions of subsection (a) of this section. The State Building Inspector, within seven days of receipt of any such application, shall forward a copy of such application to said director, who shall, within thirty days of receipt, review the application, and acting jointly with the State Building Inspector, render a decision to accept or reject the application in whole or in part. The State Building Inspector and said director may approve a variation of or exemption from any such standard or specification when they jointly determine that it would not be feasible or would unreasonably complicate the construction, alteration or repair in question. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard or specification, a copy of such determination shall be sent to said director. Any person aggrieved by any such decision may appeal to the Codes and Standards Committee within thirty days after such decision has been rendered.

      (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 is set aside by a court of competent jurisdiction, 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.

      (February, 1965, P.A. 216, S. 1, 2, 5; 1967, P.A. 349, S. 2; P.A. 75-503, S. 1, 6; P.A. 76-395, S. 1, 2; P.A. 77-133; P.A. 78-351, S. 1, 3; P.A. 82-432, S. 3, 19; P.A. 87-123, S. 1; P.A. 88-315, S. 1; P.A. 89-144, S. 13; P.A. 90-300, S. 3, 8; P.A. 92-71, S. 1, 3; P.A. 04-237, S. 6.)

      History: 1967 act substituted state building inspector for public works commissioner; P.A. 75-503 replaced general provisions in Subsec. (a) re regulations to ensure that buildings are accessible to disabled person with specific requirement that state code conforms to minimum requirements of American National Standards Institute and replaced references to Secs. 19-395a to 19-395c with "this section" and to Secs. 4-44 to 4-46 with "chapter 54"; P.A. 76-395 added exception for certain buildings for housing the elderly and physically handicapped in Subsec. (a); P.A. 77-133 made provisions applicable to buildings and elements constructed or renovated by state, municipalities or political subdivisions designed on or after October 1, 1977; P.A. 78-351 inserted new Subsec. (b) re modification or setting aside of standards and redesignated remaining Subsecs. accordingly; P.A. 82-432 replaced state building code standards committee with codes and standards committee; Sec. 19-395a transferred to Sec. 29-269 in 1983; P.A. 87-123 amended Subsecs. (a) and (b) to delete obsolete references to "ANSI A117.1-1961" and "article 21" of the code; P.A. 88-315 amended Subsec. (b) to revise procedure re approval of variations or exemptions from state building code provisions relating to accessibility for persons with disabilities by requiring joint approval of state building inspector and director of office of protection and advocacy for handicapped and added provision authorizing appeals; P.A. 89-144 amended Subsec. (b) by substituting the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 90-300 amended Subsec. (b) to add four Subdiv. designations and to insert new language as Subdivs. (2) to (4), inclusive, re variations of or exemptions from provisions of Secs. 14-253a(g), 29-273 and 29-274(b), (d); P.A. 92-71 amended Subsec. (a) to delete requirement that code incorporate American National Standard specifications, substituting requirement that code be in substantial compliance with Americans with Disabilities Act of 1990 and Fair Housing Amendments Act of 1988; P.A. 04-237 amended Subsec. (b)(4) to delete reference to Subsecs. (b) and (d) of Sec. 29-274.

      See Sec. 10-292 re necessity for public schools' building projects to comply with standards to meet needs of disabled persons.

      See Sec. 29-274 re exemption from article 21 of State Building Code.

      Subsec. (b):

      Cited. 24 CA 44.

      Sec. 29-269a. Report on proposed revisions to State Building Code re accessibility for disabled persons. The State Building Inspector shall submit a report to (1) the joint standing committee of the General Assembly having cognizance of matters relating to the Department of Public Safety, and (2) the director of the Office of Protection and Advocacy for Persons with Disabilities, not later than December 1, 1990, and thereafter within two months from the date of any public hearing upon proposed revisions to the State Building Code with respect to accessibility for persons with disabilities, which report shall include any proposed revisions to the State Building Code relating to accessibility, a summary of comments relating thereto and the decisions of the Codes and Standards Committee thereon.

      (P.A. 90-300, S. 6, 8.)

      Sec. 29-270. (Formerly Sec. 19-395o). Posting of access symbols. Section 29-270 is repealed.

      (P.A. 75-234; P.A. 87-123, S. 4; P.A. 88-356, S. 5.)

      Sec. 29-270a. Automatic doors for the physically disabled in certain shopping malls or retail businesses. The owner of any enclosed shopping mall or retail business with more than fifty thousand square feet of floor space, shall install, in at least one of the primary entrances, doors that are automatically activated to provide access to persons with physical disabilities, provided the State Building Inspector may, with the concurrence of the director of the Office of Protection and Advocacy for Persons with Disabilities, grant an exemption from such requirement where strict compliance would entail practical difficulty or unnecessary hardship. Nothing in this section shall require the installation of an automatically activated door in a primary entrance which is open and unobstructed by any door during the hours the retail business is open to the public.

      (P.A. 87-54; June Sp. Sess. P.A. 98-1, S. 61, 121.)

      History: June Sp. Sess. P.A. 98-1 changed reference from "advocacy for the handicapped and developmentally disabled" to "advocacy for persons with disabilities", effective June 24, 1998.

      Sec. 29-271. (Formerly Sec. 19-395p). Units for physically disabled in state-assisted housing. Any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under a building permit application filed on or after January 1, 1976, and prior to October 1, 2004, that contains ten or more housing units shall have at least ten per cent of the units and all common use areas and facilities designed to promote safe and accessible means of entrance and egress and ease of access and use of facilities for the physically disabled, as defined in subsection (b) of section 1-1f, unless a waiver of such requirement is obtained from the Commissioner of Economic and Community Development as provided in this section. Any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under a building permit application filed on or after October 1, 2004, that contains four or more dwelling units shall have the dwelling units and all common use areas and facilities designed in accordance with the State Building Code to promote the safe and accessible use of facilities for the physically disabled, as defined in subsection (b) of section 1-1f, unless such waiver is obtained. Said commissioner may, with the concurrence of the director of the Office of Protection and Advocacy for Persons with Disabilities and the State Building Inspector, waive the requirement for such units for any state-financed rental housing project awarded state assistance under sections 8-124a and 8-216b, provided all requirements concerning the provision of housing units accessible to the physically disabled promulgated by the United States Department of Housing and Urban Development have been met. Physically disabled persons and families shall receive priority in placement in no less than ten per cent of the housing units constructed or substantially rehabilitated after January 1, 1976.

      (P.A. 75-147, S. 1, 2; P.A. 81-79; P.A. 87-378, S. 8; P.A. 88-280, S. 11; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; June Sp. Sess. P.A. 98-1, S. 62, 121; P.A. 04-237, S. 2; P.A. 05-288, S. 196.)

      History: P.A. 81-79 provided for the waiver of handicapped unit requirement in some cases where two or fewer such units are required; Sec. 19-395p transferred to Sec. 29-271 in 1983; P.A. 87-378 changed "housing or housing project" to "rental housing or rental housing project", extended section requirements to all common use areas and facilities in applicable housing, and made waiver provisions applicable to rental housing awarded assistance under Sec. 8-213 to Sec. 8-214a where federal requirements have been met; P.A. 88-280 made technical change, substituting reference to Secs. 8-214a and 8-216b for reference to Secs. 8-213 to 8-214a, inclusive; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; June Sp. Sess. P.A. 98-1 changed reference from "advocacy for the handicapped and the developmentally disabled" to "advocacy for persons with disabilities", effective June 24, 1998; P.A. 04-237 provided that ten per cent requirement re state-assisted rental housing or rental housing project applies to those constructed or substantially rehabilitated under building permit application filed on or after January 1, 1976, and prior to October 1, 2004, added requirement that any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under building permit application filed on or after October 1, 2004, which contains four or more dwelling units shall have the dwelling units and all common use areas and facilities designed in accordance with code, and required concurrence of State Building Inspector for commissioner to waive such requirement; P.A. 05-288 made technical changes, effective July 13, 2005.

      Sec. 29-272. (Formerly Sec. 19-396a). Definitions. As used in this part:

      (a) "Complex" means any group of buildings located on a single parcel of land or on contiguous parcels of land or any building or group of buildings which are subdivided into separate occupancies and planned, financed, constructed or promoted by common management for the purpose of sale or lease of the entire complex or any subdivision thereof, except any single-family detached dwelling;

      (b) "Street floor" means the floor nearest the level of exit discharge; and

      (c) "Story" means that part of a building comprised between a floor and the floor or roof next above.

      (P.A. 79-138, S. 1, 5; P.A. 88-315, S. 2.)

      History: Sec. 19-396a transferred to Sec. 29-272 in 1983; P.A. 88-315 redefined "complex" to include any building or group of buildings subdivided into separate occupancies and planned, financed, constructed or promoted by common management, and redefined "street floor" to mean the floor nearest the level of exit discharge.

      Sec. 29-273. (Formerly Sec. 19-396b). Accessibility or adaptability requirements for residential buildings and complexes. Each residential building or complex constructed, substantially renovated or established by change of use under a building permit application filed on or after October 1, 2004, shall provide accessible or adaptable dwelling units for persons with disabilities as required by the State Building Code.

      (P.A. 79-138, S. 2, 3, 5; P.A. 87-123, S. 2; P.A. 90-300, S. 4, 8; P.A. 04-237, S. 3.)

      History: Sec. 19-396b transferred to Sec. 29-273 in 1983; P.A. 87-123 amended Subsecs. (a) and (b) to delete obsolete use group designations and substitute current designations in lieu thereof; P.A. 90-300 inserted new Subsec. (b) re accessibility requirements for certain dormitories, rooming and boarding houses, inserted in Subsec. (c), formerly (b), accessibility and adaptability requirements for buildings designated as use group R-2, "Residential-Multifamily", and added Subsec. (d) re adaptability requirements for buildings designated as use group R-3, "Residential, one and two family attached"; P.A. 04-237 replaced former Subsecs. (a) to (d) with requirement that each residential building or complex constructed, substantially renovated or established by change of use under building permit application filed on or after October 1, 2004, provide accessible or adaptable dwelling units for persons with disabilities as required by code.

      Sec. 29-274. (Formerly Sec. 19-396c). Exemptions from State Building Code standards. (a) The provisions of section 29-269 shall not apply to detached one and two-family dwellings.

      (b) The provisions of section 29-269 shall not apply to the renovations, additions or alterations to existing buildings above the street floor being converted to use group B, "Business Buildings", as defined in the State Building Code, provided: (1) Each story above the street floor contains less than three thousand square feet of total gross area per floor; (2) the street floor is renovated or altered to comply with the provisions of section 29-269; and (3) the nonaccessible story above the street floor does not include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals.

      (c) Any building consisting of three stories or less, not otherwise exempted from the provisions of section 29-269 shall be exempt from said section if (1) each story above or below the street floor contains less than three thousand square feet of total gross area, (2) the street floor is designed, renovated or altered to comply with the provisions of section 29-269, and if applicable, section 29-273, and (3) the nonaccessible story above or below the street floor does not include the offices of health care providers, municipal or state agencies or passenger transportation facilities or offices located in airport terminals or mercantile facilities having five or more tenant spaces.

      (P.A. 75-503, S. 2, 6; P.A. 78-331, S. 13, 58; P.A. 79-138, S. 4, 5; P.A. 87-123, S. 3; P.A. 88-315, S. 3; P.A. 90-300, S. 5, 8; P.A. 92-71, S. 2, 3; P.A. 04-237, S. 4.)

      History: P.A. 78-331 deleted "this section and sections 19-395m and 19-395n" in Subsecs. (a) to (d), leaving Sec. 19-395a as only nonapplicable section; P.A. 79-138 replaced "two thousand five hundred square feet" with "five thousand square feet" and "usable area" with "total gross area" in Subdiv. (1) of Subsec. (b), specified "any complex or building which is not part of a complex ... and second stories of buildings where street floor is in compliance" in Subsecs. (c) and (d) and deleted provisos requiring one unit accessible to handicapped for every twenty-five units in structures of twenty- five or more units and added Subsec. (e); Sec. 19-395l transferred to Sec. 19-396c in 1981; Sec. 19-396c transferred to Sec. 29-274 in 1983; P.A. 87-123 amended Subsecs. (a) to (d), inclusive, to delete obsolete use group designations and substitute current designations in lieu thereof; P.A. 88-315 amended Subdiv. (1) of Subsec. (e) to substitute "three thousand square feet" for "five thousand square feet"; P.A. 90-300 amended Subsec. (a), Subdivs. (2) and (3) to insert new language "to the extent that ..." and Subdiv. (4) to substitute "R-4" for "R-3" and to add an exception re provisions of Sec. 29-269, and deleted Subsec. (d) in its entirety, relettering accordingly; P.A. 92-71 amended Subdiv. (1) of Subsec. (b) to substitute "three thousand square feet" for "five thousand square feet"; P.A. 04-237 amended Subsec. (a) to replace provisions re use groups in State Building Code with provision re detached one and two-family dwellings, amended Subsec. (b) to add Subdiv. (3) re nonaccessible story above street floor, deleted former Subsec. (c) and redesignated existing Subsec. (d) as new Subsec. (c), adding therein Subdiv. (3) re nonaccessible story above or below the street floor.

      Sec. 29-275. (Formerly Sec. 19-398d). Prohibition concerning obstructions which prevent entry or exit by handicapped persons. Section 29-275 is repealed.

      (P.A. 79-326; P.A. 88-356, S. 5.)

      Sec. 29-275a. Prohibition concerning obstructions which prevent entry or exit by handicapped persons. No fixed mounted poles or other obstructions which prevent the removal of shopping carts shall be used either inside or outside of any building constructed prior to 1988 unless there is at least one opening that is a minimum of thirty-six inches wide at the main entrance to such building which permits easy access and egress by handicapped persons in wheelchairs. No such poles or other obstructions shall be used in a manner which prevents the use of curb cuts by such handicapped persons.

      (P.A. 97-118, S. 1.)

      Sec. 29-276. (Formerly Sec. 19-399). Application for listing of new materials and modes of construction. Publication of bulletin. Regulations. Section 29-276 is repealed.

      (1949 Rev., S. 4110; 1969, P.A. 443, S. 10; 1971, P.A. 802, S. 8; P.A. 77-614, S. 499, 587, 610; P.A. 78-303, S. 20, 22, 85, 136; P.A. 82-279, S. 2, 4; P.A. 88-356, S. 5.)

      Sec. 29-276a. Moratorium on "lift-slab" construction. Regulations. (a) No person may use or cause to be used the "lift-slab" method in any construction project until the regulations adopted pursuant to subsection (b) of this section are effective.

      (b) The State Building Inspector and the Codes and Standards Committee shall adopt regulations in accordance with the provisions of chapter 54 specifying stringent safety requirements relative to the use of the "lift-slab" method of construction.

      (P.A. 88-54, S. 1-3.)

      Sec. 29-276b. "Threshold limit" defined. Requirements when structure or addition will exceed threshold limit. Standards for facilities which perform testing of construction materials. (a) For the purposes of this section, the term "threshold limit" shall apply to any structure or addition thereto (1) having four stories, (2) sixty feet in height, (3) with a clear span of one hundred fifty feet in width, (4) containing one hundred fifty thousand square feet of total gross floor area, or (5) with an occupancy of one thousand persons.

      (b) The following use groups shall have the following additional threshold limits:

      Sec. 29-276c. Architect or engineer to seal plans and specifications, review implementation of design of certain buildings and issue statement of professional opinion re completed structure. Use groups. (a) Notwithstanding the provisions of chapter 390, if a proposed structure or addition is classified in any use group specified in subdivisions (1) to (3), inclusive, of subsection (b) of this section, the plans and specifications for such structure or addition shall be sealed by the licensed architect of record or professional engineer of record responsible for the design of the structure or addition. Such architect or engineer of record shall be retained and be responsible for the review of the implementation of the design of such structure or addition including the review of shop drawings and the observation of construction. In the event such architect or engineer of record is unable to fulfill such review responsibilities, an additional architect or engineer shall be retained and the local building official shall be informed, in writing, of such retainer. If fabricated structural load-bearing members or assemblies are used in such construction, the licensed professional engineer responsible for the design of such members or assemblies shall be responsible for the implementation of said engineer's design by reviewing the fabrication process to ensure conformance with said engineer's design specifications and parameters.

      (b) Prior to the issuance of a certificate of occupancy for a proposed structure or addition classified in any use group specified in subdivisions (1) to (3), inclusive, of this subsection, the local building official shall require a statement signed by the architect of record or the professional engineer of record responsible for the design of the structure or addition or the additional architect or professional engineer retained pursuant to subsection (a) of this section, and by the general contractor involved in the construction of such structure or addition affirming their professional opinion that the completed structure or addition is in substantial compliance with the approved plans and specifications on file with such building official. The use groups referred to in this section, as defined in the State Building Code, shall include: (1) Assembly, educational, institutional, high hazard, transient residential, which includes hotels, motels, rooming or boarding houses, dormitories or similar buildings, other than residential buildings designed to be occupied by one or more families, without limitation as to size or number of stories, (2) business, factory and industrial, mercantile, moderate and low hazard storage, having three stories or more or exceeding thirty thousand square feet total gross area, and (3) nontransient residential dwellings having more than sixteen units or twenty-four thousand square feet total gross area per building.

      (P.A. 88-359, S. 5, 12; P.A. 89-255, S. 5, 7; P.A. 90-153, S. 2, 4; P.A. 99-206, S. 3, 4.)

      History: P.A. 89-255 amended section to provide if plans for proposed structure or addition are required to be sealed by a licensed architect or professional engineer, each architect or engineer of record shall be retained and be responsible for duties specified, eliminating reference to review of daily construction logs and further required licensed professional engineer to review fabrication process, eliminating requirement of viewing it; P.A. 90-153 added Subsec. (b) defining use groups recognized by state building code and requiring signed statement by architect or professional engineer and general contractor of project that project complies with approved plans and specifications as condition for issuing certificate of occupancy and revised existing provisions requiring that plans and specifications be sealed by architect or engineer to conform with new Subsec. (b); P.A. 99-206 specified that plans and specifications be sealed by the architect of record or the engineer of record, and that the statement of professional opinion be signed by the architect of record or the engineer of record, or by the additional architect or engineer retained pursuant to Subsec. (a), effective July 1, 1999.

      Sec. 29-277. Urea-formaldehyde insulation: Definition; prohibition concerning use; penalty. (a) Urea-formaldehyde (UF) foamed-in-place insulation, also referred to as formaldehyde-based insulation, means any cellular plastic thermal material which contains as a component chemical formaldehyde, formaldehyde polymers, formaldehyde derivatives and any other chemical from which formaldehyde can be released, but does not mean urethane foam insulation or styrene foam insulation.

      (b) Urea-formaldehyde foamed-in-place insulation shall not be installed in any building or structure on or after June 1, 1981.

      (c) Any person who violates any provision of this section shall be fined not more than five hundred dollars for the first offense and for each subsequent offense shall be fined not more than one thousand dollars.

      (P.A. 81-250, S. 1-4.)

      Secs. 29-278 to 29-281. (Formerly Secs. 19-399a to 19-399d). Safety glazing material; definitions. Labeling of lights. Safety glazing material requirement; liability; penalty. Statute supersedes local ordinance. Sections 29-278 to 29-281, inclusive, are repealed.

      (P.A. 73-182, S. 1-5; P.A. 77-614, S. 500, 610; P.A. 78-303, S. 21, 136; P.A. 82-432, S. 13, 19; P.A. 88-317, S. 89, 107; 88-356, S. 5.)

      Sec. 29-282. (Formerly Sec. 19-403). Applicability of sections. This part shall not apply to structures, other than buildings, of public service companies subject to regulation by the Department of Public Utility Control.

      (1949 Rev., S. 4114; P.A. 75-486, S. 47, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 171, 348.)

      History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77-614 replaced public utilities control authority with division of public utility control within the department of business regulation, effective January 1, 1979; P.A. 80-482 made division of public utility control an independent department and deleted reference to abolished department of business regulation; Sec. 19-403 transferred to Sec. 29-282 in 1983.

      Secs. 29-283 to 29-290. Reserved for future use.

PART II*
FIRE MARSHALS AND FIRE HAZARDS.
STATE FIRE PREVENTION CODE.
FIRE SAFETY CODE

      Sec. 29-291. (Formerly Sec. 29-39). Commissioner to serve as State Fire Marshal. For the purposes of this part and any other statute related to fire prevention and safety, the Commissioner of Public Safety shall serve as the State Fire Marshal. The commissioner may delegate such powers as the commissioner deems expedient for the proper administration of this part and any other statute related to fire prevention and safety to any employee of (1) the Department of Public Safety, and (2) The University of Connecticut at Storrs Division of Public Safety, provided the commissioner and the president of The University of Connecticut enter into a memorandum of understanding concerning such delegation of powers in accordance with section 10a-109ff.

      (1949 Rev., S. 3664; P.A. 77-614, S. 486, 610; P.A. 90-337, S. 7, 8; P.A. 00-220, S. 36, 43; P.A. 06-134, S. 10.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-39 transferred to Sec. 29-291 in 1983; P.A. 90-337 deleted reference to "member of the division of state police" and inserted "employee" in lieu thereof; P.A. 00-220 added provision re The University of Connecticut at Storrs Division of Public Safety and made technical changes, effective July 1, 2000; P.A. 06-134 added language concerning memorandum of understanding and reference to Sec. 10a-109ff and made technical changes, effective July 1, 2006.

      Sec. 29-291a. State Fire Prevention Code: Adoption and revision. Advisory committee. (a) The State Fire Marshal, in coordination with the advisory committee established under subsection (b) of this section, shall adopt and administer a state Fire Prevention Code based on a nationally recognized fire prevention code. Said code shall be used to enhance the enforcement capabilities of local fire marshals and for the purposes of prevention of fire and other related emergencies. Said code shall be adopted not later than January 1, 2005, and shall be revised thereafter as deemed necessary to incorporate any subsequent revisions to the code not later than eighteen months following the date of first publication of such revisions.

      (b) There is established an advisory committee consisting of nine persons appointed by the State Fire Marshal. The State Fire Marshal shall appoint two members selected from a list of individuals submitted by the Codes and Standards Committee from the membership of said committee and seven members representing local fire marshals, deputy fire marshals and fire inspectors selected from a list of individuals submitted by the Connecticut Fire Marshals Association.

      (P.A. 04-59, S. 1.)

      History: P.A. 04-59 effective May 10, 2004.

      Sec. 29-292. (Formerly Sec. 29-40). Fire Safety Code. Carbon monoxide and smoke detection and warning equipment. Certificate of occupancy. (a) The State Fire Marshal and the Codes and Standards Committee shall adopt and administer a Fire Safety Code and at any time may amend the same. The code shall be based on a nationally recognized model fire code and shall be revised not later than January 1, 2005, and thereafter as deemed necessary to incorporate advances in technologies and improvements in construction materials and any subsequent revisions to the code not later than eighteen months following the date of first publication of such revisions to the code, unless the State Fire Marshal and the committee certify that a revision is not necessary for such purpose. The regulations in said code shall provide for reasonable safety from fire, smoke and panic therefrom, in all buildings and areas adjacent thereto except in private dwellings occupied by one or two families and upon all premises except those used for manufacturing, and shall include provision for (1) carbon monoxide detection and warning equipment in new residential buildings not exempt under regulations adopted pursuant to this subsection and designed to be occupied by one or two families for which a building permit for new occupancy is issued on or after October 1, 2005, and (2) smoke detection and warning equipment in (A) residential buildings designed to be occupied by two or more families, (B) new residential buildings designed to be occupied by one family for which a building permit for new occupancy is issued on or after October 1, 1978, requiring equipment complying with the Fire Safety Code, and (C) new residential buildings designed to be occupied by one or more families for which a building permit for new occupancy is issued on or after October 1, 1985, requiring equipment capable of operation using alternating current and batteries. Said regulations shall provide the requirements for markings and literature which shall accompany such equipment sufficient to inform the occupants and owners of such buildings of the purpose, protective limitations and correct installation, operating, testing, maintenance and replacement procedures and servicing instructions for such equipment and shall require that smoke detection and warning equipment which is installed in such residential buildings shall be capable of sensing visible or invisible smoke particles, that the manner and location of installing smoke detectors shall be approved by the local fire marshal or building official, that such installation shall not exceed the standards under which such equipment was tested and approved and that such equipment, when activated, shall provide an alarm suitable to warn the occupants, provided each hotel, motel or inn shall install or furnish such equipment which, when activated, shall provide a visible alarm suitable to warn occupants, in at least one per cent of the units or rooms in such establishment having one hundred or more units or rooms and in establishments having less than one hundred units or rooms, it shall install or furnish at least one such alarm. Said regulations shall provide the requirements and specifications for the installation and use of carbon monoxide detection and warning equipment and shall include, but not be limited to, the location, power requirements and standards for such equipment and exemptions for buildings that do not pose a risk of carbon monoxide poisoning due to sole dependence on systems that do not emit carbon monoxide.

      (b) (1) No certificate of occupancy shall be issued for any residential building designed to be occupied by two or more families, or any new residential building designed to be occupied by one or more families for which a building permit for new occupancy is issued on or after October 1, 1978, unless the local fire marshal or building official has certified that said building is equipped with smoke detection and warning equipment complying with the Fire Safety Code.

      (2) No certificate of occupancy shall be issued for any new residential building not exempt under regulations adopted pursuant to subsection (a) of this section and designed to be occupied by one or two families for which a building permit for new occupancy is issued on or after October 1, 2005, unless the local fire marshal or building official has certified that said building is equipped with carbon monoxide detection and warning equipment complying with the Fire Safety Code.

      (1949 Rev., S. 3665; 1971, P.A. 802, S. 11; P.A. 73-95, S. 1; P.A. 76-78; P.A. 77-334, S. 1, 2; 77-604, S. 65, 84; P.A. 80-297, S. 11, 20; P.A. 81-381, S. 1, 4; P.A. 82-344, S. 1, 3; 82-432, S. 11, 19; 82-472, S. 179 (Void), 183; P.A. 84-178; P.A. 85-321, S. 1; P.A. 86-327, S. 3; P.A. 87-186; July Sp. Sess. P.A. 87-2, S. 1, 2; P.A. 88-364, S. 46, 123; P.A. 97-25; P.A. 04-59, S. 3; P.A. 05-161, S. 1.)

      History: 1971 act substituted "adopt, promulgate and administer" for "establish"; P.A. 73-95 required that regulations provide reasonable safety from fire, smoke, etc. in areas adjacent to buildings as well as in buildings themselves; P.A. 76-78 added provisions re regulations concerning smoke detection systems in residential buildings and added Subsec. (b) requiring that buildings contain smoke detection systems before certificates of occupancy issued if building permit issued on or after October 1, 1976; P.A. 77-334 substituted "smoke detection and warning equipment" for "smoke detection systems" and required their installation in residential buildings to be occupied by one or more families after October 1, 1978, where previously they were required in buildings to be occupied by two or more families and required that regulations provide requirements for markings and literature which should accompany smoke detection and warning equipment; P.A. 77-604 made technical changes in Subsec. (b); P.A. 80-297 added Subsec. (c) re review of plans and specifications of structures subject to fire safety code to determine whether or not the structures comply with code requirements; P.A. 81-381 amended Subsec. (a) to require the installation of smoke detection and warning equipment in student dormitories at all colleges and universities not later than September 1, 1982; P.A. 82-344 repealed mandate for installation of smoke detection devices in student dormitories at all colleges and universities by September 1, 1982; P.A. 82-432 added reference to codes and standards committee in Subsec. (a); P.A. 82-472 attempted to make technical change in section 1 of vetoed public act 82-64 and therefore was without effect; Sec. 29-40 transferred to Sec. 29-292 in 1983; P.A. 84-178 amended Subsec. (a), adding a proviso requiring hotels, motels or inns to install or furnish visible fire alarm signals as specified; P.A. 85-321 amended Subsec. (a), (1) deleting language requiring provision of Level Four Protection and requiring smoke detection and warning equipment complying with the fire safety code, and (2) requiring equipment capable of operation using current and batteries in one-family or multifamily new residential buildings; P.A. 86-327 amended Subsec. (a) to require revision of code not later than January 1, 1987, and every four years thereafter to incorporate certain advances and improvements; P.A. 87-186 amended Subsec. (c), exempting municipalities from payment of fees for plan review to determine fire safety code compliance; July Sp. Sess. P.A. 87-2 amended Subdiv. (1) of Subsec. (a) to require smoke detection and warning equipment in all residential buildings designed to be occupied by two or more families by deleting provision which limited requirement to such buildings "for which a building permit is issued on or after October 1, 1976", amended Subdiv. (2) of Subsec. (a) to change "one or more families" to "one family" and amended Subsec. (b) to prohibit the issuance of a certificate of occupancy for any residential building designed to be occupied by two or more families, unless it is equipped with smoke detection and warning equipment by deleting provision which limited prohibition to any such building "for which a building permit is issued on or after October 1, 1976"; P.A. 88-364 made a technical change in Subsec. (a); P.A. 97-25 deleted former Subsec. (c) which authorized submission of plans and specifications of structures subject to State Fire Safety Code to State Fire Marshal for determination re compliance with code requirements; P.A. 04-59 amended Subsec. (a) to make a technical change, require that code be based on a nationally recognized model fire code and be revised not later than January 1, 2005, and thereafter as deemed necessary to incorporate subsequent revisions to the code not later than eighteen months following the date of first publication of such revisions to the code, and delete provision requiring revision by January 1, 1987, and every four years thereafter, effective May 10, 2004; P.A. 05-161 amended Subsec. (a) to insert new Subdiv. (1) requiring installation of carbon monoxide detection and warning equipment in certain new residential buildings, designate provisions re smoke detection and warning equipment as Subdiv. (2) and redesignate existing Subdivs. (1) to (3) as Subparas. (A) to (C) of said Subdiv. (2), and to require that regulations provide requirements and specifications for installation and use of carbon monoxide detection and warning equipment and exemptions for buildings that do not pose a risk of carbon monoxide poisoning due to sole dependence on systems that do not emit carbon monoxide, and amended Subsec. (b) to designate existing provisions as Subdiv. (1) and to add Subdiv. (2) prohibiting issuance of certificate of occupancy for certain new residential buildings unless equipped with carbon monoxide detection and warning equipment, effective July 1, 2005.

      See Sec. 7-282b re installation and connection of automatic calling devices.

      See Sec. 29-251a re review of regulations for conflicts with State Fire Safety Code.

      See Sec. 29-252a re compliance of state-owned buildings with State Fire Safety Code.

      Annotations to former section 29-40:

      Not an unlawful delegation of legislative power; it prescribes standards as a guide in adoption of regulations. Constitutionality upheld. 141 C. 524. Cited. 143 C. 1.

      Annotations to present section:

      Cited. 204 C. 410; Id., 429. Cited. 211 C. 501.

      Cited. 33 CA 422.

      Subsec. (a):

      Subdiv. (1) cited. 45 CA 46.

      Sec. 29-293. (Formerly Sec. 29-41). Code to specify minimum requirements. Establishment of fire zones by municipalities. (a) The Fire Safety Code shall specify reasonable minimum requirements for fire safety in new and existing buildings and facilities.

      (b) Any municipality may, by ordinance, require the establishment of one or more fire zones for the orderly access of fire and other emergency equipment to buildings or facilities open to the public. Any such ordinance may be in accordance with the (1) size, type of construction and nature of use or occupancy of such buildings or facilities, and (2) the fire suppression equipment and method of attack utilized by the fire department.

      (1949 Rev., S. 3666; 1971, P.A. 802, S. 10; P.A. 73-95, S. 2; P.A. 85-34, S. 1; June Sp. Sess. P.A. 98-1, S. 63, 121; P.A. 99-163, S. 4.)

      History: 1971 act deleted references to municipalities' right to enact ordinances as provided in Sec. 19-378 and required that orders made by municipalities be "consistent with" rather than "equal to, additional to or more stringent than" regulations issued under authority of Secs. 29-40 to 29-42; P.A. 73-95 authorized inclusion in code of requirement that fire safety zones be established; Sec. 29-41 transferred to Sec. 29-293 in 1983; P.A. 85-34 deleted provision re municipalities' rights to make orders with respect to buildings as provided in Sec. 29-383, that section being repealed in the same act; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998; P.A. 99-163 divided the section into Subsecs. and deleted provision re discretionary inclusion in fire code of requirement to establish fire zones in premises open to public from Subsec. (a) and, in Subsec. (b), clarified that municipalities may establish fire zones.

      Cited. 204 C. 410.

      Sec. 29-294. (Formerly Sec. 29-42). Publication of code. The Fire Safety Code and all amendments to said code shall be registered with the Secretary of the State and published in accordance with section 4-173, and, in addition, a copy shall be provided to each local fire marshal, fire chief and building inspector, and such other governmental officials as request said code.

      (1949 Rev., S. 3667; P.A. 73-616, S. 24; June Sp. Sess. P.A. 98-1, S. 64, 121.)

      History: P.A. 73-616 substituted Sec. 4-173 for Sec. 4-46; Sec. 29-42 transferred to Sec. 29-294 in 1983; June Sp. Sess. P.A. 98-1 made technical changes, effective June 24, 1998.

      Sec. 29-295. (Formerly Sec. 29-43). Penalty for violation of code. Any person who violates any provision of the Fire Safety Code shall be fined not less than two hundred nor more than one thousand dollars or imprisoned not more than six months or both.

      (1949 Rev., S. 3668; P.A. 81-220.)

      History: P.A. 81-220 imposed minimum fine of two hundred dollars, raised maximum fine from two hundred to one thousand dollars and increased maximum period of imprisonment from three months to six months; Sec. 29-43 transferred to Sec. 29-295 in 1983.

      Cited. 204 C. 410; Id., 429.

      Sec. 29-296. (Formerly Sec. 29-44). Variations or exemptions from code. The State Fire Marshal may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of section 29-292 where strict compliance with such provisions would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided any such variation or exemption or approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal, secure the public safety. Any application for a variation or exemption or equivalent or alternate compliance received by a local fire marshal shall be forwarded to the State Fire Marshal by first class mail within fifteen business days of receipt by such local fire marshal and shall be accompanied by a letter from such local fire marshal that shall include comments on the merits of the application.

      (1957, P.A. 516, S. 1; P.A. 02-72, S. 4.)

      History: Sec. 29-44 transferred to Sec. 29-296 in 1983; P.A. 02-72 specified procedures for the forwarding of application for variation or exemption or equivalent or alternate compliance received by local fire marshals to the State Fire Marshal.

      Cited. 204 C. 410; Id., 429.

      Sec. 29-296a. List of variations or exemptions from, or equivalent or alternate compliance with, code. Not later than January 1, 2003, the State Fire Marshal and the Codes and Standards Committee shall create a list of variations or exemptions from, or equivalent or alternate compliance with, the State Fire Safety 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 State Fire Marshal shall, within available appropriations, (1) send such list to all local fire marshals, (2) take appropriate actions to publicize such list, and (3) educate local fire marshals and the public on how to use the list.

      (P.A. 02-72, S. 2.)

      Sec. 29-297. Appointment of local fire marshals, deputies and provisional fire marshals. (a) The board of fire commissioners or, in the absence of such board, any corresponding authority of each town, city or borough, or, if no such board or corresponding authority exists, the legislative body of each city, the board of selectmen of each town or the warden and burgesses of each borough, or, in the case of an incorporated fire district, the executive authority of such district shall appoint a local fire marshal and such deputy fire marshals as may be necessary. In making such appointment, preference shall be given to a member of the regular or volunteer fire department of such municipality. Each local fire marshal shall be sworn to the faithful performance of his duties by the clerk of the town, city, borough or fire district and shall continue to serve in that office until removed for cause. Such clerk shall record his acceptance of the position of local fire marshal and shall report the same in writing to the State Fire Marshal within ten days thereafter, giving the name and address of the local fire marshal and stating the limits of the territory in which the local fire marshal is to serve.

      (b) The board of fire commissioners or, in the absence of such board, any corresponding authority of each town, city or borough or, if no such board or corresponding authority exists, the legislative body of each city, the board of selectmen of each town or the warden and burgesses of each borough or, in the case of an incorporated fire district, the executive authority of such district may, upon the death, disability, dismissal, retirement or revocation of certification of the local fire marshal, and in the absence of an existing deputy fire marshal, appoint a certified deputy fire marshal as the acting fire marshal for a period not to exceed one hundred eighty days.

      (1949 Rev., S. 3669; 1955, S. 1993d; 1967, P.A. 567, S. 1; 1971, P.A. 569, S. 1; P.A. 95-13.)

      History: 1967 act empowered executive authority of an incorporated fire district to appoint local fire marshals and deputies; 1971 act provided that local fire marshals serve until removed for cause; Sec. 29-45 transferred to Sec. 29-297 in 1983; P.A. 95-13 added Subsec. (b) allowing appointment of certified deputy fire marshal for up to one hundred eighty days in absence of local or deputy fire marshal.

      Annotations to former section 29-45:

      Language of statute is sufficiently unequivocal to be mandatory but insufficiently specific to be self-executing. 185 C. 445. Held to be constitutional under Conn. Const., Art. I, Sec. 1. 192 C. 127.

      Annotations to present section:

      Cited. 209 C. 352.

      Cited. 13 CA 1. Cited. 42 CA 13.

      Sec. 29-298. (Formerly Sec. 29-45a). Certification of local fire marshals, deputies, inspectors and investigators. Continuing educational programs. Immunity from personal liability for acts constituting official duties. (a) The State Fire Marshal and the Codes and Standards Committee, acting jointly shall adopt minimum standards of qualification for local fire marshals, deputy fire marshals, fire inspectors and such other classes of inspectors and investigators as they deem necessary. The State Fire Marshal and the Codes and Standards Committee shall (1) prepare and conduct oral, written or practical examinations to determine if a person is qualified and eligible to be certified or (2) accept successful completion of programs of training developed by public agencies and approved by him as proof of qualification for certification eligibility or (3) prepare and conduct a training program, the successful completion of which shall qualify a person to be certified. Upon determination of the qualification of a local fire official under subdivision (1), (2) or (3), the State Fire Marshal and the Codes and Standards Committee shall issue or cause to be issued a certificate to such person stating that he is eligible to be certified. The State Fire Marshal and the Codes and Standards Committee shall establish classes of certification that will recognize the varying involvements of such local fire officials. Local fire marshals, deputy fire marshals, fire inspectors and other inspectors or investigators holding office in any municipality shall be certified in accordance with subdivision (1), (2) or (3). On or after October 1, 1979, no local fire marshal, deputy fire marshal, fire inspector or other inspector or investigator shall be appointed or hired unless such person is certified and any such person shall be removed from office if he fails to maintain his certification. The State Fire Marshal and the Codes and Standards Committee shall conduct educational programs designed to assist such local fire officials in carrying out the duties and responsibilities of their office. Such educational programs for local fire marshals, deputy fire marshals and fire inspectors shall be in addition to the programs specified under subdivisions (2) and (3) of this subsection and shall consist of not less than ninety hours of training over a three-year period. The State Fire Marshal and the Codes and Standards Committee shall establish the minimum hours of training for the other classes of inspectors and investigators, which shall recognize the varying involvements of such officials. Each local fire official shall attend such training programs or other approved programs of training and present proof of successful completion to the State Fire Marshal. The State Fire Marshal may, after notice and opportunity for hearing, revoke any certificate issued under the provisions of this subsection for failure on the part of a local fire official to present such proof.

      (b) No local fire marshal, deputy fire marshal, fire inspector or other inspector or investigator acting for a local fire marshal, who is charged with the enforcement of the Fire Safety Code and this chapter, may be held personally liable for any damage to persons or property that may result from any action that is required or permitted in the discharge of his official duties while acting for a municipality or fire district. Any legal proceeding brought against any such fire marshal, deputy fire marshal, fire inspector or other inspector or investigator because of any such action shall be defended by such municipality or fire district. No such fire marshal, deputy fire marshal, fire inspector or other inspector or investigator may be held responsible for or charged with the costs of any such legal proceeding. Any officer of a local fire marshal's office, if acting without malice and in good faith, shall be free from all liability for any action or omission in the performance of his official duties.

      (c) Each certified deputy fire marshal, fire inspector or other inspector or investigator shall act under the direction and supervision of the local fire marshal while enforcing the Fire Safety Code and the provisions of this chapter. The local fire marshal may authorize, in writing, such deputy fire marshal or fire inspector to issue any permit or order under the provisions of this part or to certify compliance with the provisions of the Fire Safety Code, on his behalf.

      (1971, P.A. 569, S. 2; P.A. 77-84; P.A. 82-432, S. 12, 19; P.A. 83-375, S. 1; 83-566, S. 4, 6; P.A. 86-327, S. 1; 86-403, S. 121; P.A. 87-120, S. 1, 3; P.A. 89-54; 89-75, S. 1, 2; P.A. 90-230, S. 91, 101.)

      History: P.A. 77-84 required that state marshal adopt minimum qualification standards for local fire marshals, deputy fire marshals and fire inspectors, adding the latter as a new personnel category and prohibited appointment or hiring of noncertified person on or after October 1, 1979; P.A. 82-432 empowered codes and standards committee to act jointly with state fire marshal in functions enumerated in section; Sec. 29-45a transferred to Sec. 29-298 in 1983; P.A. 83-375 added Subsec. (b), which provided that local fire marshals, deputies or inspectors are immune from personal liability for damage resulting from acts constituting official duties; P.A. 83-566 added Subdiv. (3), authorizing the state fire marshal and codes and standards committee to prepare and conduct a training program and specifically provided that deputy fire marshals and fire inspectors holding municipal office shall be certified in accordance with Subdiv. (1), (2) or (3); P.A. 86-327 amended Subsec. (a) to require (1) a local fire official's removal from office for failure to maintain certification, (2) continuing education for such officials, and (3) revocation of certification for failure to complete such educational programs; P.A. 86-403 made technical change in Subsec. (a); P.A. 87-120 required the adoption of minimum standards of qualification for classes of fire inspectors in Subsec. (a) and added Subsec. (c), requiring deputy fire marshals and fire inspectors to act under supervision of local fire marshal while enforcing fire safety code; P.A. 89-54 required state fire marshal and committee to adopt minimum qualification standards for such other classes of inspectors and investigators as they deem necessary and required such inspectors and investigators to be certified; P.A. 89-75 amended Subsec. (c) to permit local fire marshal to authorize deputy fire marshal or fire inspector to issue permits and orders or certify compliance with fire safety code; P.A. 90-230 made technical change to Subsec. (c).

      Annotation to former section 29-45a:

      Cited. 185 C. 445.

      Annotation to present section:

      Cited. 211 C. 690.

      Sec. 29-298a. Fire Marshal Training Council established. Duties. Members. There shall be established within the Department of Public Safety a Fire Marshal Training Council which shall advise the State Fire Marshal and the Codes and Standards Committee on all matters pertaining to certification training programs, in-service training for fire marshals in the state and programs for all other persons eligible to receive training pursuant to subsections (a) to (c), inclusive, of section 29-251c. The council shall be composed of twelve members as follows: The State Fire Marshal or his designee; a member of the Codes and Standards Committee to be elected by such committee; three members appointed by the Connecticut Fire Marshals' Association, one of whom shall be a volunteer, one of whom shall be a part-time paid, and one of whom shall be a full-time, local fire marshal, deputy fire marshal or fire inspector; one member appointed by the Board of Governors of Higher Education; two members appointed by the Board of Trustees for the Community-Technical Colleges; the chief elected official of a municipality having a population in excess of seventy thousand persons, appointed by the Governor; the chief elected official of a municipality having a population of less than seventy thousand persons, appointed by the Governor; and two public members, appointed by the Governor. Members shall be residents of this state and shall not be compensated for their services but shall be reimbursed for necessary expenses incurred in the performance of their duties. The council may elect such officers as it deems necessary.

      (P.A. 86-327, S. 4; P.A. 89-260, S. 38, 41; P.A. 98-233, S. 7, 8.)

      History: P.A. 89-260 substituted two members appointed by the board of trustees for the community-technical colleges for one member appointed by the board of trustees for state technical colleges and one member appointed by the board of trustees for regional community colleges; P.A. 98-233 included certain other eligible persons in training programs, effective July 1, 1999.

      Sec. 29-298b. Complaints re negligence of local fire marshals, deputies or inspectors. Hearing prior to revocation of certificate. Appeal. Upon receipt of a written complaint from any person alleging that a local fire marshal, deputy fire marshal or fire inspector has performed the duties of his office in an incompetent or negligent manner, the State Fire Marshal shall investigate such complaint and if he determines that probable cause exists, shall hold a hearing on the complaint. The State Fire Marshal shall provide such local fire official with written notice of the date, time and place of a public hearing on the complaint to be held before the State Fire Marshal or the deputy fire marshal not less than ten nor more than twenty days after such notice, the specific grounds for revocation of such local fire official's certificate and a copy of the written complaint or complaints concerning him. Such local fire official shall have the opportunity to be heard in his own defense, personally or by counsel, at such public hearing. Following such hearing, the State Fire Marshal shall make a finding as to whether or not the certificate of such local fire official should be revoked. If the State Fire Marshal finds that such local official's certificate should be revoked, he shall revoke the certification and immediately notify the appointing authority of the municipality in which the local fire official serves that such certification has been revoked. Any local fire official whose certification is revoked may appeal in accordance with the provisions of section 4-183.

      (P.A. 86-327, S. 5; P.A. 87-59; P.A. 88-317, S. 37, 107.)

      History: P.A. 87-59 required state fire marshal to investigate complaints and hold hearings thereon if he determines probable cause exists, and made several technical amendments to section; P.A. 88-317 repealed provision requiring that an appeal by a local fire official whose certification is revoked be made "within thirty days following such revocation", effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date.

      Sec. 29-299. (Formerly Sec. 29-46). Dismissal of local fire marshal. If a local fire marshal fails to faithfully perform the duties of his office, the appointing authority of the municipality in which he is serving shall, after proper inquiry, dismiss him and appoint another in his place. The State Fire Marshal shall be promptly notified of the removal from office of any local fire marshal and of the appointment of his successor.

      (1949 Rev., S. 3670.)

      History: Sec. 29-46 transferred to Sec. 29-299 in 1983.

      Cited. 209 C. 352.

      Cited. 42 CA 13.

      Sec. 29-300. (Formerly Sec. 29-47). Hearing prior to dismissal. Appeal. No local fire marshal shall be dismissed 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, unless otherwise specified by charter, 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. Said court shall review the record of such hearing and, if it appears upon the hearing upon 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, upon such appeal, and after a hearing thereon, may affirm the action of such authority, or may set the same aside if it finds that such authority acted illegally or arbitrarily or in the abuse of its discretion or with bad faith or malice.

      (1949, 1951, 1955, S. 425d; P.A. 76-436, S. 610, 681; P.A. 78-280, S. 1, 127.)

      History: P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts; P.A. 78-280 deleted obsolete reference to counties; Sec. 29-47 transferred to Sec. 29-300 in 1983.

      Cited. 209 C. 352.

      Cited. 42 CA 13.

      Sec. 29-301. (Formerly Sec. 29-48). One fire marshal for several municipalities. Cities, towns and boroughs may, with the approval of the State Fire Marshal, unite in appointing one person to be local fire marshal for all of the jurisdictions so united, but no local fire marshal shall have any authority in any jurisdiction for which he has not been specifically appointed.

      (1949 Rev., S. 3671; P.A. 87-120, S. 2, 3.)

      History: Sec. 29-48 transferred to Sec. 29-301 in 1983; P.A. 87-120 permitted municipalities, with approval of the state fire marshal, to unite in appointing one local fire marshal for such jurisdictions, and deleted requirement that such municipalities be adjoining.

      Sec. 29-302. (Formerly Sec. 29-49). Investigations. The local fire marshal shall, in accordance with the provisions of section 29-311, investigate the cause, origin and circumstances of any fire or explosion within his jurisdiction, by reason of which property has been destroyed or damaged, or any person injured or killed, or any incidents which threatened any property with destruction or damage or any person with injury or death by reason of fire or explosion, and shall especially investigate whether such fire was the result of an incendiary device or the result of carelessness, design or any criminal act; and the Commissioner of Public Safety as State Fire Marshal, or the deputy fire marshal under his direction, may supervise and direct such investigation.

      (1949 Rev., S. 3672; P.A. 77-614, S. 486, 610; P.A. 81-429, S. 1; 81-472, S. 154, 159.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 81-429 required that fire marshal investigate specifically listed types of fires and explosions rather than "any fire by reason of which property has been destroyed or damaged" and deleted two-day limit for initiation of investigation following fire; P.A. 81-472 made technical corrections; Sec. 29-49 transferred to Sec. 29-302 in 1983.

      Annotation to former section 29-49:

      Cited. 189 C. 228.

      Annotations to present section:

      Once charred wood flooring samples were lawfully seized pursuant to the cause and origin investigation statutes, defendant no longer possessed a reasonable expectation of privacy in them. 246 C. 63.

      Sec. 29-302 et seq. cited. 18 CA 254. Cited. 46 CA 350.

      Sec. 29-303. (Formerly Sec. 29-50). Report of fires. The fire chief of a town, city, borough or fire district, within five days of the occurrence of any fire or explosion within his jurisdiction, shall furnish the local fire marshal, and the local fire marshal, within ten days of such occurrence, shall furnish the State Fire Marshal (1) a written report signed by the local fire marshal of all the facts relating to its cause, its origin, the kind, the estimated value and ownership of the property damaged or destroyed, and such other information as is called for by the blank forms furnished by the State Fire Marshal, or (2) a magnetic tape containing the information specified in subdivision (1) of this section in a format prescribed by the State Fire Marshal accompanied by a written certification signed by the local fire marshal.

      (1949 Rev., S. 3673; P.A. 85-10; 85-70.)

      History: Sec. 29-50 transferred to Sec. 29-303 in 1983; P.A. 85-10 permitted local fire marshals to furnish fire data to the state fire marshal on magnetic tape; P.A. 85-70 required local fire chief to submit fire incident reports to local fire marshal within five days of the fire or explosion.

      Sec. 29-304. (Formerly Sec. 29-51). Fee for investigations. The State Fire Marshal shall annually certify to each city, town and borough the number of fires investigated and reported by its local fire marshal, and such municipality so notified shall pay to its local fire marshal a fee of not less than two dollars for each such fire so investigated and reported, provided such fee shall not be paid to a local fire marshal who receives a salary from the municipality for performing such services.

      (1949 Rev., S. 3674; P.A. 79-36.)

      History: P.A. 79-36 required that fire marshal's fee be "not less than" two dollars where previously the fee was two dollars without variance; Sec. 29-51 transferred to Sec. 29-304 in 1983.

      Sec. 29-305. (Formerly Sec. 29-52). Inspections by local fire marshals. Reports. Each local fire marshal and the State Fire Marshal, for the purpose of satisfying themselves that all pertinent statutes and regulations are complied with, may inspect in the interests of public safety all buildings and facilities of public service, all buildings and facilities used for manufacturing and all occupancies regulated by the Fire Safety Code within their respective jurisdictions. Each local fire marshal shall inspect or cause to be inspected, at least once each calendar year and as often as may be necessary in the interests of public safety, all buildings and facilities of public service and all occupancies regulated by the Fire Safety Code within his jurisdiction, except residential buildings designed to be occupied by one or two families which shall be inspected, upon complaint or request of an owner or occupant, only for the purpose of determining whether the requirements specified in said code relative to smoke detection and warning equipment have been satisfied. Upon receipt by him of information from an authentic source that any other building or facility within his jurisdiction is hazardous to life safety from fire, he shall inspect such building or facility. In each case in which the local fire marshal conducts an inspection, he shall satisfy himself that all pertinent statutes and regulations are complied with, and shall keep a record of such investigations. Such local fire marshal shall have the right of entry by himself or by his lawful agent at all reasonable hours into or upon any premises within his jurisdiction for the performance of his duties except that occupied dwellings and habitations, exclusive of common use passageways and rooms in tenement houses, hotels and rooming houses, may only be entered for inspections between the hours of 9 a.m. and 5 p.m., except in the event of any emergency requiring his immediate attention for safety to life, or in the interests of public safety. Each local fire marshal shall make a monthly report to the authority from which he received his appointment, and shall be paid for his services in making such inspections of buildings and facilities the compensation agreed upon with such appointing authority.

      (1949 Rev., S. 3675; 1957, P.A. 516, S. 2; P.A. 83-511, S. 3, 4; P.A. 89-42, S. 1, 2.)

      History: Sec. 29-52 transferred to Sec. 29-305 in 1983; P.A. 83-511 included manufacturing establishments within the types of buildings and facilities which local and state fire marshals may inspect in the interests of public safety, effective July 1, 1984; P.A. 89-42 added an exception to requirement that local fire marshal inspect all buildings and occupancies each year for one and two-family residential buildings which shall be inspected for smoke detection and warning equipment upon complaint or request of an owner or occupant.

      See Sec. 29-244 re requirement that valid operating certificate be displayed.

      Annotation to former section 29-52:

      Cited. 189 C. 228.

      Annotation to present section:

      Cited. 23 CA 528.

      Sec. 29-306. (Formerly Sec. 29-53). Abatement of fire hazards. When the local fire marshal ascertains that there exists in any building, or upon any premises, combustible or explosive matter, dangerous accumulation of rubbish or any flammable material especially liable to fire, which is so situated as to endanger life or property, or finds obstructions or conditions that present a fire hazard to the occupants or interfere with their egress in case of fire, or a condition in violation of the statutes relating to fire prevention or safety, or any regulation made pursuant thereto, the remedy of which requires construction or a change in structure, the local fire marshal shall order such materials to be immediately removed or the conditions remedied by the owner or occupant of such building or premises, and all such construction and changes shall be in conformance with all building codes, ordinances, rules and regulations of the municipality involved and such owner or occupant shall be subject to the penalties prescribed by section 29-295 and, in addition thereto, may suffer a penalty of fifty dollars a day for each day of neglect for each violation, to be recovered in a proper action in the name of the state. Upon failure of an owner or occupant to abate such hazard or remedy such condition within a reasonable period of time as specified by the local fire marshal, such local fire marshal shall promptly notify in writing the prosecuting attorney having jurisdiction in the municipality in which such hazard exists of all the facts pertaining thereto, and such official shall promptly take such action as the facts may require, and a copy of such notification shall be forwarded promptly to the State Fire Marshal. The local fire marshal may request the chief executive officer or any official of the municipality authorized to institute actions on behalf of the municipality in which the hazard exists, or the State Fire Marshal, for the purpose of closing or restricting from public service or use such place or premises until such hazard has been remedied, to apply to any court of equitable jurisdiction for an injunction against such owner or occupant; or the State Fire Marshal, on his own initiative, may apply to such court for such injunction. When such hazard is found to exist upon premises supervised or licensed by a state department or agency, the State Fire Marshal shall promptly notify the administrator of such department or agency of his findings and shall issue orders for the elimination of such hazard. The provisions of this section shall not apply to any building, structure or premises used in the carrying on of manufacturing. If the local fire marshal or a local police officer determines that there exists in a building a risk of death or injury from overcrowding, blockage of required exiting or from the indoor use of pyrotechnics, such fire marshal or police officer may issue a verbal or written order to immediately vacate the building. A violation of such order shall be subject to the penalties under section 29-295.

      (1949 Rev., S. 3676; 1957, P.A. 516, S. 3; 1959, P.A. 233, S. 1; 1967, P.A. 388; P.A. 83-47; P.A. 85-276; P.A. 03-231, S. 1; P.A. 04-27, S. 5.)

      History: 1959 act broadened conditions for ordering removal of materials or remedying of conditions and authorized application for injunction; 1967 act provided that owner or occupant of building is subject to penalties under Sec. 29-43 and penalty of ten dollars per day for each day he neglects to remedy hazardous conditions after he is ordered to do so; Sec. 29-53 transferred to Sec. 29-306 in 1983; P.A. 83-47 permitted the local fire marshal to request the chief executive officer of the municipality in which a fire hazard exists to apply for an injunction against an owner or occupant of a building and allowed the state fire marshal on his own initiative to seek such injunction; P.A. 85-276 increased the penalty from ten to fifty dollars a day for each day of neglect for each violation; P.A. 03-231 authorized local fire marshal or local police officer to issue a verbal or written order to immediately vacate a building if such fire marshal or police officer determines that there exists in the building a risk of death or injury from overcrowding, blockage of required exiting or from indoor use of pyrotechnics and authorized imposition of Sec. 29-295 penalties for a violation of such verbal or written order, effective July 9, 2003; P.A. 04-27 made technical changes, effective April 28, 2004.

      Annotation to former section 29-53:

      Cited. 24 CS 189.

      Sec. 29-307. (Formerly Sec. 29-54a). Fire hazards in manufacturing establishments. When any local fire marshal ascertains that there exist, in any building, structure or premises used in the carrying on of manufacturing, including any building for which the Labor Commissioner has the power to enforce laws pertaining to the prevention of fires pursuant to section 29-390, dangerous accumulations of rubbish or flammable materials especially liable to fire which are so situated as to endanger life or property, or obstructions that interfere with the egress of the occupants in case of fire, or any condition in violation of the statutes relating to fire prevention or safety in manufacturing establishments, he shall order such materials to be removed or the conditions to be remedied by the owner or occupants of such building or premises and shall promptly notify and report in writing such matters to the Labor Commissioner on forms provided by said commissioner.

      (1959, P.A. 233, S. 2; P.A. 83-168, S. 1; P.A. 84-546, S. 78, 173.)

      History: Sec. 29-54a transferred to Sec. 29-307 in 1983; P.A. 83-168 specified applicability of section to buildings for which labor commissioner enforces fire prevention laws; P.A. 84-546 made technical changes.

      See Sec. 29-244 re requirement that valid operating certificate be displayed.

      See Sec. 29-390 re requirements concerning egress from workshops and manufactories and re inspections conducted by local fire marshal.

      Sec. 29-307a. Hazardous materials in manufacturing establishments. Notice to local fire marshal. Penalty. Distribution of information. (a) As used in this section:

      (1) "Employer" means a person engaged in the operation of a manufacturing establishment who has employees, but does not mean the state or any political subdivision thereof.

      (2) "Hazardous material" means any substance or material which (A) has been identified by the federal Department of Transportation as a hazardous material in the Code of Federal Regulations, Title 49, Part 172, Subpart B, section 172.101 and (B) meets the definitional requirements of the hazard classes established for such hazardous materials in the Code of Federal Regulations, Title 49, Part 173, Subparts C to J, inclusive.

      (b) Each employer who uses, keeps, stores or produces any hazardous material in his manufacturing establishment shall, within thirty days, provide the local fire marshal for the area where the establishment is located with notice, in writing, of the presence or elimination of any hazardous material in his establishment. The notification shall include, but not be limited to, the following: The name of the hazardous material, its federal Department of Transportation identification number and designated hazard class, the maximum inventory quantity on site, the units of measure and the location in the establishment where it can normally be found. Any employer who fails to provide notice as required by this subsection shall be assessed a civil penalty of not more than one thousand dollars for each day such employer fails to provide such notice. The Attorney General, upon complaint of the local fire marshal, shall institute a civil action to recover such penalty. Any moneys collected in accordance with this section shall be deposited in the General Fund.

      (c) Upon receipt of any notification required under the provisions of subsection (b) of this section, the local fire marshal shall distribute the information contained in such notice to the persons providing fire protection in each town, city or borough under his jurisdiction. Such information shall be in such form and distributed in such manner as the State Fire Marshal shall require. The local fire marshal shall provide a complete copy of any information submitted pursuant to subsection (b) of this section, upon written request, to the health director of the municipality in which the establishment is located. Notwithstanding the provisions of section 1-210, the local fire marshal, any firefighter, a municipal health director or any water company shall maintain the confidentiality of and not disclose such information to any person. Any local fire marshal, firefighter, municipal health director or any water company found to have disclosed such information in violation of this subsection shall have committed an infraction.

      (P.A. 83-511, S. 2, 4; P.A. 84-546, S. 79, 173; P.A. 85-162; 85-395; 85-613, S. 128; P.A. 86-327, S. 2; 86-403, S. 62, 132; P.A. 87-318, S. 1; 87-511; P.A. 95-208, S. 12, 13; P.A. 05-288, S. 129.)

      History: P.A. 83-511 effective July 1, 1984; P.A. 84-546 made technical grammatical change; P.A. 85-162 amended Subsec. (b) by requiring that the notification include a copy of the material safety data and amended Subsec. (c) by authorizing the release of the information to water companies and health directors upon request; P.A. 85-395 amended Subsec. (b) by deleting requirement that notice be given "On or before October 1, 1984, and annually thereafter" with "within thirty days," requiring notice of the "elimination" of hazardous substances, adding provisions for the assessment of civil penalties and institution of a civil action by the attorney general to recover such penalties, and providing that any moneys collected shall be deposited in the emergency spill response fund; P.A. 85-613 made a technical change in Subsec. (b) and deleted the requirement that the notification include a copy of the material safety data; P.A. 86-327 amended Subsec. (c), transferring responsibility for determining form and manner of information distribution from local fire marshal to state fire marshal; P.A. 86-403 made technical changes in Subsec. (b); P.A. 87-318 deleted the requirement that notice be given to water companies in Subsec. (c); P.A. 87-511 amended Subdiv. (2) of Subsec. (a), deleting provisions of Subpara. (B) relative to definition of "hazardous material" as quantities exceeding maximum allowable for transport in one package by cargo aircraft and amended Subsec. (b), modifying the notification to the local fire marshal and the civil penalty for failure to provide such notice; (Revisor's note: In 1995 the phrase "emergency spill response fund" was replaced editorially by the Revisors with "emergency spill response account" to conform section with Sec. 22a-451, as amended by P.A. 94-130); P.A. 95-208 amended Subsec. (b) to require that moneys collected in accordance with section be deposited in the General Fund, rather than in the emergency spill response account, effective July 1, 1995; P.A. 05-288 made technical changes in Subsec. (c), effective July 13, 2005.

      Cited. 243 C. 66.

      Sec. 29-307b. Notice to water companies of the presence or elimination of hazardous material. (a) Each employer shall provide the notice of the presence or elimination of hazardous material in his establishment required under section 29-307a to any water company that owns or maintains well fields or reservoirs on the watershed where the establishment is located, provided the water company submits a written request for such notice. Notwithstanding the provisions of this section, any employer reporting pursuant to the Superfund Amendments and Authorization Act of 1986, P.L. 99-499, shall not be required to provide notice under this section if the list of hazardous materials required to be reported under said act is as inclusive as the list required under said section 29-307a.

      (b) As used in this section, "water company" means a water company supplying water to one thousand or more persons or to two hundred fifty or more customers and "employer" and "hazardous material" shall have the same meaning as in section 29-307a.

      (P.A. 87-318, S. 2, 3; P.A. 89-301, S. 9.)

      History: P.A. 89-301 deleted Subsec. (c) which had required that provisions of Subsecs. (a) and (b) terminate on October 1, 1991.

      Sec. 29-308. (Formerly Sec. 29-55). State Fire Marshal may take original jurisdiction to abate fire hazards. The State Fire Marshal may take original jurisdiction for the abatement of any hazardous condition found by him or his agents to be contrary to the statutes or to the regulations made in accordance therewith, and shall report such condition to a prosecuting attorney. He shall have the right of entry by himself or by his lawful agents at all reasonable hours into or upon all or any premises where any such hazard may exist. The State Fire Marshal, upon receipt of information from the administrator of any state department or agency that a condition in any building or facility supervised or licensed in part or in whole by his department or agency is hazardous to life or is in violation of the statutes pertaining to fire prevention and safety or the regulations made in accordance therewith, shall make or cause to be made an inspection of such building or facility, and may take original jurisdiction for the abatement of such hazardous condition.

      (1949 Rev., S. 3678.)

      History: Sec. 29-55 transferred to Sec. 29-308 in 1983.

      Sec. 29-308a. State Fire Marshal to set priorities for state residential facility improvement projects. The State Fire Marshal shall set priorities for projects funded by the proceeds of the sale of bonds of the state authorized for the improvement or renovation of state residential facilities or institutions in compliance with the State Fire Safety Code.

      (P.A. 84-357, S. 1; P.A. 85-613, S. 68, 154.)

      History: P.A. 85-613 made technical changes.

      Sec. 29-309. (Formerly Sec. 29-56). Appeal. The Codes and Standards Committee shall establish a procedure whereby any person determined to have the right to appeal may appeal a decision of the local fire marshal or State Fire Marshal relating to the enforcement of any provision of the general statutes concerning fire prevention and safety or the State Fire Safety Code not more than thirty days after the receipt of notice of the decision by the person aggrieved by such decision. Such procedure shall include the committee and shall be established in accordance with the provisions of chapter 54. Any person aggrieved by a decision made in accordance with such procedure may appeal therefrom to the superior court for the judicial district wherein the premises concerned are located.

      (1949 Rev., S. 3679; 1957, P.A. 516, S. 5; 1959, P.A. 233, S. 3; P.A. 76-436, S. 611, 681; P.A. 78-280, S. 1, 127; P.A. 82-432, S. 15, 19; P.A. 96-14; June Sp. Sess. P.A. 98-1, S. 65, 121.)

      History: 1959 act removed reference to appeal from order of building inspector; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 82-432 entirely replaced previous appeal provisions; Sec. 29-56 transferred to Sec. 29-309 in 1983; P.A. 96-14 limited right to appeal to thirty days; June Sp. Sess. P.A. 98-1 made technical changes, effective June 24, 1998.

      Annotation to former section 29-56:

      Exercise of discretion by fire marshal is subject to review for abuse. 141 C. 524.

      Sec. 29-310. (Formerly Sec. 29-57). Investigation by State Fire Marshal of origin of fires or explosions. Order to remove combustible material or remedy flammable condition or fire hazard. Penalty. (a) The Commissioner of Public Safety as State Fire Marshal shall thoroughly investigate the cause, circumstances and origin of all fires or explosions to which his attention has been called, in accordance with the provisions of this part, by reason of which any property has been destroyed or damaged, or any person injured or killed, and shall especially examine and decide as to whether such fire was the result of carelessness, design, an incendiary device or any other criminal act. He may take the testimony under oath of any person supposed to be cognizant of or to have means of knowledge in relation to the matters as to which an examination is being made, and shall cause the same to be reduced to writing and filed in his office; and if, in his opinion, there is sufficient evidence to warrant that any person should be charged with the crime of arson or any other crime, he shall forthwith submit such evidence, together with the names of the witnesses and all other information obtained by him, to the proper prosecuting officer. He may, in any investigation, issue subpoenas for the purposes of summoning and compelling the attendance of witnesses before him to testify. He may administer oaths or affirmations to witnesses before him, and false swearing therein shall be perjury. He may, in the performance of his duties, enter, by himself or his assistants, into and upon the premises or building where any fire or explosion has occurred and premises thereto adjacent in accordance with the provisions of section 29-311.

      (b) Whenever it comes to his knowledge or to the knowledge of any local fire marshal that there exists in any building or upon any premises combustible material or flammable conditions dangerous to the safety of such building or premises or dangerous to any other building or property, or conditions that present a fire hazard to the occupants thereof, the commissioner, or any local fire marshal, obtaining such knowledge, shall order such material to be forthwith removed or such conditions remedied by the owner or occupant of such building or premises, and such owner or occupant shall be subject to the penalties prescribed by section 29-295 and, in addition thereto, shall suffer a penalty of one hundred dollars a day for each day of neglect, to be recovered in a proper action in the name of the state.

      (1949 Rev., S. 3680; 1957, P.A. 516, S. 6; 1959, P.A. 560; 615, S. 23; P.A. 77-614, S. 486, 610; P.A. 81-429, S. 2; P.A. 88-130.)

      History: 1959 acts clarified subpoena power of commissioner, changed "inflammable" to "flammable" and added conditions presenting a fire hazard to the grounds on which commissioner may order remedies; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 81-429 added provision requiring (1) investigation of explosions in addition to fires, (2) investigation where personal injury or death results, (3) determination of whether the fire was the result of design, an incendiary device or other criminal act and whether any person should be charged with any crime, and deleted provision permitting state fire marshal to enter premises at any time of day or night, replacing it with provision allowing entry in accordance with Sec. 29-311; Sec. 29-57 transferred to Sec. 29-310 in 1983; P.A. 88-130 inserted Subsec. indicators and amended Subsec. (b) to increase the penalty from ten dollars to one hundred dollars a day.

      Annotation to former section 29-57:

      Cited. 119 C. 601.

      Annotations to present section:

      Once charred wood flooring samples were lawfully seized pursuant to the cause and origin investigation statutes, defendant no longer possessed a reasonable expectation of privacy in them. 246 C. 63.

      Cited. 46 CA 350.

      Sec. 29-311. Fire investigations. Warrant requirements. Reports to Insurance Commissioner. (a) The Commissioner of Public Safety as State Fire Marshal, any local fire marshal within the local fire marshal's jurisdiction, and all duly authorized fire and police personnel acting within their jurisdiction may enter into and upon any premises or building where any fire or explosion has occurred and premises adjacent thereto, without liability for trespass or damages reasonably incurred, to conduct investigations in accordance with sections 29-302 and 29-310, under the following circumstances and conditions:

      (1) During an emergency by reason of fire or explosion on any premises, they or any of them may, without a warrant, enter such premises during the suppression of the fire or explosion or within a reasonable period of time following the suppression thereof and remain for a reasonable period of time following the suppression of the fire or explosion to: (A) Investigate in order to determine the cause and origin of the fire or explosion, (B) prevent the intentional or unintentional destruction of evidence and (C) prevent a rekindling of the fire.

      (2) After expiration of a reasonable period of time following the suppression of the fire or explosion, they or any of them shall apply in writing under oath to any judge of the Superior Court for a warrant to enter upon the premises to determine the cause and origin of the fire or explosion, if such cause or origin has not been previously determined. The application shall describe: (A) The premises under investigation, (B) the owner or occupant of the premises, if reasonably ascertainable, (C) the date and time the fire or explosion which is the subject of the investigation was reported to a police or fire agency, and (D) the dates and times during which the investigative activities to determine the cause and origin of such fire or explosion are to be conducted. The judge to whom an application for a warrant is made may issue such a warrant upon finding that the requirements of this subsection have been met, and that the proposed activities are a reasonable intrusion onto the private premises to determine the cause and origin of the fire or explosion.

      (b) The Commissioner of Public Safety as State Fire Marshal shall, within available appropriations, provide quarterly reports to the Insurance Commissioner detailing all cases in which it has been determined that a fire or explosion was the result of arson.

      (P.A. 81-429, S. 3; P.A. 84-229; P.A. 00-211, S. 1.)

      History: P.A. 84-229 rephrased section, amended Subsec. (a) by providing that entry may be made without a warrant during the suppression of the fire or explosion or within a reasonable period of time thereafter rather than "within forty-eight hours immediately following the time such emergency is brought under control" and by specifying the reasons allowing such entry, and amended Subsec. (b) by requiring a warrant to enter after a reasonable period of time following the suppression of the fire or explosion rather than after a "forty-eight-hour period" and by specifying that the purpose of such entry is to determine the cause and origin of the fire or explosion; P.A. 00-211 designated existing language as Subsec. (a), redesignated former Subsecs. (a) and (b) as Subdivs. (1) and (2), respectively, made technical changes, and added new Subsec. (b) requiring the Commissioner of Public Safety to make quarterly reports re arson to the Insurance Commissioner, within available appropriations.

      Once charred wood flooring samples were lawfully seized pursuant to the cause and origin investigation statutes, defendant no longer possessed a reasonable expectation of privacy in them. 246 C. 63.

      Cited. 46 CA 350.

      Sec. 29-312. (Formerly Sec. 29-58). Power of Deputy State Fire Marshal. Rank. The Deputy State Fire Marshal appointed in accordance with the provisions of section 29-4 shall, subject to the supervision and direction of the Commissioner of Public Safety, be vested with all the powers conferred upon said commissioner by section 29-310.

      (1949 Rev., S. 3681; 1961, P.A. 565, S. 2; 1972, P.A. 294, S. 29; P.A. 73-88, S. 1, 2; P.A. 77-614, S. 486, 610.)

      History: 1961 act authorized promotion of deputy to major; 1972 act replaced civil service commission with personnel policy board; P.A. 73-88 deleted provision which had allowed deputy fire marshal to attain rank of major in state police by promotional appointment; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-58 transferred to Sec. 29-312 in 1983.

      Sec. 29-313. (Formerly Sec. 29-44a). Fire extinguishers. Regulations. (a) No fire extinguishing agent used in a fire extinguisher or fire extinguishing device may contain an active ingredient having a level of toxicity equal to or greater than the vapors of carbon tetrachloride or chlorobromomethane or the thermal decomposition products resulting therefrom.

      (b) No fire extinguisher or fire extinguishing device containing an active agent having a level of toxicity equal to or greater than the vapors of carbon tetrachloride or chlorobromomethane or the thermal decomposition products resulting therefrom shall be used or installed for use in any school bus or motor vehicle used for the transportation of passengers for hire. The owner or operator of any such bus or vehicle who violates any provision of this subsection shall be fined not more than two hundred dollars or imprisoned not more than three months or both.

      (c) Any person who sells, offers for sale or gives to another any fire extinguisher or fire extinguishing device, containing or designed to contain an active agent having an ingredient prohibited by subsection (a) of this section shall be subject to the penalties prescribed by section 29-295.

      (d) The Commissioner of Public Safety shall adopt regulations in accordance with the provisions of chapter 54 prescribing requirements and specifications for the installation or use of fire extinguishers and extinguishing agents. In adopting such regulations, the commissioner may adopt by reference standards concerning the selection, installation, maintenance, design and testing of portable fire extinguishing equipment and extinguishing agents as set forth by the National Fire Protection Association.

      (1961, P.A. 21; P.A. 85-151, S. 1; P.A. 90-263, S. 55, 74; P.A. 05-288, S. 130.)

      History: Sec. 29-44a transferred to Sec. 29-313 in 1983; P.A. 85-151 (1) broadened applicability of Subsec. (a), deleting prohibition re use or installation for use in buildings regulated by fire safety code and penalties for owners of such buildings and rewording remaining provision, and (2) added Subsec. (d) requiring public safety commissioner to adopt regulations re specifications for installation or use of fire extinguishers and agents, permitting commissioner to adopt National Fire Protection Association Standards; P.A. 90-263 amended Subsec. (b) to substitute phrase motor vehicle used for the transportation of passengers for hire for public service motor vehicle; P.A. 05-288 made a technical change in Subsec. (c), effective July 13, 2005.

      Sec. 29-314. (Formerly Sec. 29-44b). Sale of fire extinguishers and flame-proofing compounds and coatings. Any person who sells, offers to sell or displays for sale any portable fire extinguisher or any flame-proofing or fire retardant coating or compound, unless such fire extinguisher, coating or compound has been tested, listed and rated as satisfactory for its intended purpose by a nationally recognized testing laboratory acceptable to the State Fire Marshal and, in the case of a fire extinguisher, unless such fire extinguisher contains no active agent having an ingredient prohibited by section 29-313, shall be subject to the penalties prescribed in section 29-295.

      (February, 1965, P.A. 42; P.A. 85-151, S. 2.)

      History: Sec. 29-44b transferred to Sec. 29-314 in 1983; P.A. 85-151 made minor changes in wording to conform with changes in Sec. 29-313.

      Sec. 29-315. (Formerly Sec. 29-44c). Fire extinguishing system required for certain buildings. (a)(1) When any building is to be built having more than four stories and is to be used for human occupancy, such building shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor.

      (2) When any building is (A) to be built as an educational occupancy, (B) eligible for a school building project grant pursuant to chapter 173, and (C) put out to bid on or after July 1, 2004, such building shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor. As used in this subsection, "educational occupancy" has the same meaning as provided in the Fire Safety Code.

      (3) The State Fire Marshal and the State Building Inspector may jointly grant variations or exemptions from, or approve equivalent or alternate compliance with, the requirement in subdivision (2) of this subsection, where strict compliance with such requirement would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided (A) any such variation or exemption or approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal and the State Building Inspector, secure the public safety, and (B) the municipality in which such educational occupancy is located complies with all other fire safety requirements in the Fire Safety Code and the State Building Code with respect to such occupancy. If either the State Fire Marshal or the State Building Inspector determines that a variation or exemption from, or an equivalent or alternate compliance with, said subdivision (2) should not be permitted, no such variation or exemption, or equivalent or alternate compliance shall be granted or approved. Any determination made pursuant to this subdivision by the State Fire Marshal and the State Building Inspector shall be in writing. Any person aggrieved by any decision of the State Fire Marshal or the State Building Inspector, or both, may appeal to the Codes and Standards Committee no later than fourteen days after issuance 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 such occupancy is located.

      (b) Each hotel or motel having six or more guest rooms and providing sleeping accommodations for more than sixteen persons for which a building permit for new occupancy is issued on or after January 1, 1987, shall have an automatic fire extinguishing system installed on each floor in accordance with regulations adopted by the Commissioner of Public Safety.

      (c) Not later than October 1, 1992, each hotel or motel having more than four stories shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor.

      (d) (1) Not later than January 1, 1995, each residential building having more than four stories and occupied primarily by elderly persons shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor. Not later than January 1, 1994, the owner or manager of or agency responsible for such residential building shall submit plans for the installation of such system, signed and sealed by a licensed professional engineer, to the local fire marshal within whose jurisdiction such building is located or to the State Fire Marshal, as the case may be. For the purposes of this subsection, the phrase "occupied primarily by elderly persons" means that on October 1, 1993, or on the date of any inspection, if later, a minimum of eighty per cent of the dwelling units available for human occupancy in a residential building have at least one resident who has attained the age of sixty-five years.

      (2) Each residential building having more than twelve living units and occupied primarily by elderly persons, as defined in subdivision (1) of this subsection, or designed to be so occupied, for which a building permit for new occupancy is issued or which is substantially renovated on or after January 1, 1997, shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor.

      (e) No building inspector shall grant a building permit unless a fire extinguishing system as required by subsection (a) or (b) of this section is included in the final, approved building plans and no fire marshal or building inspector shall permit occupancy of such a building unless such fire extinguishing system is installed and operable. The State Fire Marshal may require fire extinguishing systems approved by him to be installed in other occupancies where they are required in the interest of safety because of special occupancy hazards.

      (f) (1) Not later than July 31, 2006, each chronic and convalescent nursing home or rest home with nursing supervision licensed pursuant to chapter 368v shall have a complete automatic fire extinguishing system approved by the State Fire Marshal installed throughout such chronic and convalescent nursing home or rest home with nursing supervision. Not later than July 1, 2004, the owner or authorized agent of each such home shall submit plans for the installation of such system, signed and sealed by a licensed professional engineer, to the local fire marshal and building official within whose jurisdiction such home is located or to the State Fire Marshal, as the case may be, and shall apply for a building permit for the installation of such system. The owner or authorized agent shall notify the Department of Public Health of such submission.

      (2) On or before July 1, 2005, and quarterly thereafter, each chronic and convalescent nursing home or rest home with nursing supervision licensed pursuant to chapter 368v shall submit a report to the local fire marshal describing progress in installing the automatic fire extinguishing systems required under subsection (a) of this section. In preparing such report each such nursing home or rest home shall conduct a facility risk analysis. Such analysis shall include, but not be limited to, an analysis of the following factors: Type of construction, number of stories and residents, safeguards in the facility, types of patients, travel distance to exits and arrangement of means of egress. After review of the report, the local fire marshal may require the nursing home or rest home to implement alternative fire safety measures to reduce the level of risk to occupants before installation of automatic fire sprinklers is completed.

      (g) Any person who fails to install an automatic fire extinguishing system in violation of any provision of this section shall be subject to a civil penalty of not more than one thousand dollars for each day such violation continues. The Attorney General, upon request of the State Fire Marshal, shall institute a civil action to recover such penalty.

      (P.A. 73-375; P.A. 81-381, S. 2, 4; P.A. 86-163, S. 1, 3; P.A. 88-80; 88-304, S. 1, 6, 7; P.A. 91-282, S. 1; P.A. 93-106, S. 1, 2; P.A. 96-138; P.A. 01-173, S. 66, 67; June 30 Sp. Sess. P.A. 03-3, S. 92; P.A. 05-31, S. 1; 05-187, S. 1; 05-272, S. 37.)

      History: P.A. 81-381 made minor changes in wording; Sec. 29-44c transferred to Sec. 29-315 in 1983; P.A. 86-163 divided section into Subsecs. and required the installation of automatic fire extinguishing system in hotels and motels; P.A. 88-80 amended Subsec. (b), limiting application of provision to hotels or motels having six or more guest rooms and providing sleeping accommodations for more than sixteen; P.A. 88-304 inserted new Subsec. (c), requiring installation of automatic fire extinguishing systems in hotels and motels having more than four stories and in housing for the elderly having more than four stories, relettered former subsection as Subsec. (d) and changed effective date of P.A. 88-80 from October 1, 1988, to July 1, 1988; P.A. 91-282 amended Subsec. (c) to add a definition of "occupied primarily by elderly persons"; P.A. 93-106 transferred from Subsec. (c) to (d) provision requiring installation of automatic fire extinguishing system in housing for the elderly, postponed installation requirement from October 1, 1993, to January 1, 1995, required owner or manager of or agency responsible for such residential building to submit plans for installation of system to local or state fire marshal by January 1, 1994, and relettered former Subsec. (d) as (e), effective July 12, 1993; P.A. 96-138 subdivided Subsec. (d) into Subdivs., adding requirement of automatic fire extinguishing system in housing for the elderly with more than twelve units beginning January 1, 1997; P.A. 01-173 amended Subsec. (a) to designate existing provisions as Subdiv. (1) and to add Subdiv. (2) re educational occupancy, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-3 added Subsec. (f) requiring automatic fire extinguishing systems in licensed chronic and convalescent nursing homes and rest homes with nursing supervision and added Subsec. (g) re civil penalty for violation of section, effective August 20, 2003; P.A. 05-31 amended Subsec. (a)(2) to make technical changes in definition of "educational occupancy", and added new Subsec. (a)(3) allowing State Fire Marshal and State Building Inspector to jointly grant variations or exemptions from, or approve equivalent or alternate compliance with, requirement that educational occupancy have an automatic fire extinguishing system installed, effective May 2, 2005; P.A. 05-187 amended Subsec. (f) by designating existing provisions as Subdiv. (1) and amending same by postponing date for installation of automatic fire extinguishing systems in nursing and rest homes from July 1, 2005, to July 31, 2006, requiring that complete systems be installed throughout the nursing and rest homes instead of on each floor and that the owner notify the Commissioner of Public Health of submission of plan for installation, and by adding Subdiv. (2) re submission of quarterly progress reports on installation, effective June 30, 2005; P.A. 05-272 amended Subsec. (f)(1) by clarifying requirement that approved fire extinguishing system be installed throughout chronic and convalescent nursing homes and rest homes with nursing supervision and requiring Department of Public Health, rather than Commissioner of Public Health, to be notified of plan for installation of system, effective July 13, 2005.

      Sec. 29-315a. Submission of plan for fire safety training and education for employees of nursing homes and rest homes. On or before July 1, 2005, each chronic and convalescent nursing home or rest home with nursing supervision licensed pursuant to chapter 368v shall submit a plan for employee fire safety training and education to the Departments of Public Health and Public Safety and the Labor Department. Such plan shall, at a minimum, comply with standards adopted by the federal Occupational Safety and Health Administration, including, but not limited to, standards listed in 29 CFR 1910.38, 1910.39 and 1910.157, as adopted pursuant to chapter 571, or 29 USC Section 651 et seq., as appropriate. The commissioners shall review each such plan and may make recommendations they deem necessary. Once approved or revised, such plan shall not be required to be resubmitted until further revised or there is a change of ownership of the nursing or rest home.

      (P.A. 05-187, S. 2; 05-272, S. 38.)

      History: P.A. 05-187 effective June 30, 2005; P.A. 05-272 mandated submission of employee fire safety training and education plans to Departments of Public Health and Public Safety and Labor Department, rather than to Commissioners of Public Health and Public Safety, and compliance with federal Occupational Safety and Health Administration standards, as appropriate, effective July 13, 2005.

      Sec. 29-316. (Formerly Sec. 29-59). Regulation of fuel oil burners. "Fuel oil burner", as used in this section, means any device designed and arranged to burn fuel oil to obtain warmth in dwellings and other buildings or for cooking purposes. No fuel oil burner shall be sold, offered for sale or installed, unless such burner has been approved by a nationally recognized testing laboratory acceptable to the State Fire Marshal. The warden or burgesses of a borough, the selectmen of a town, the common council of a city or the commissioners of a fire district may enact rules and regulations for the installation of fuel oil burners, equipment therefor and fuel oil storage tanks. Any person who violates any provision of this section shall be fined not more than one hundred dollars.

      (1949 Rev., S. 3682; 1957, P.A. 296; P.A. 87-200, S. 1, 2; P.A. 99-163, S. 5.)

      History: Sec. 29-59 transferred to Sec. 29-316 in 1983; P.A. 87-200 required (1) on and after January 1, 1988, no fuel oil burner be sold, offered for sale or installed unless approved by a nationally recognized testing lab, and (2) state fire marshal to adopt regulations specifying names of acceptable labs; P.A. 99-163 removed obsolete language and deleted the requirement that the State Fire Marshal adopt regulations listing acceptable testing laboratories.

      Annotation to former section 29-59:

      Cited. 149 C. 192.

      Sec. 29-317. (Formerly Sec. 29-60). Regulation of installation of oil burners. Variations or exemptions. (a) The Commissioner of Public Safety shall make regulations prescribing reasonable minimum requirements for the installation of oil burners and equipment used in connection therewith, including tanks, piping, pumps, control devices and accessories. In adopting such regulations, the commissioner may adopt by reference standards concerning the installation of oil burners and equipment as set forth by the National Fire Protection Association for the prevention of injury to life and damage to property, and protection from hazards incident to the installation and operation of such oil burners and equipment.

      (b) No regulation made in accordance with this section shall be inconsistent with the provisions of section 29-316, nor apply to premises used for manufacturing nor to public service companies as defined in section 16-1, nor impair the rights of municipalities to enact ordinances and make rules and regulations for the installation of oil burners and equipment so far as such ordinances, rules and regulations specify requirements equal to, additional to or more stringent than the regulations issued under the authority of this section.

      (c) The Commissioner of Public Safety may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of this section where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the commissioner, secure the public safety and shall be made in writing.

      (d) Any person aggrieved by any such regulation or by any act of said commissioner in enforcing the same may apply for relief to the superior court for the judicial district of Hartford or for the judicial district in which such oil burner or equipment is located or, if said court is not in session, to any judge thereof, who may grant appropriate relief.

      (e) Any person who, by himself or his employee or agent, or as the employee or agent of another, violates or fails to comply with any regulation promulgated under this section shall be fined not more than one hundred dollars or imprisoned not more than six months or both.

      (1955, S. 2005d; P.A. 73-12, S. 1, 3; P.A. 74-183, S. 256, 291; P.A. 76-436, S. 219, 681; P.A. 78-280, S. 1, 5, 127; P.A. 79-610, S. 34; P.A. 85-86; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-196, S. 1; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 73-12 transferred regulation power in Subsec. (a) from commissioner of state police to labor commissioner; P.A. 74-183 added reference to judicial districts in Subsec. (c); P.A. 76-436 replaced court of common pleas with superior court in Subsec. (c), effective July 1, 1978; P.A. 78-280 deleted reference to counties and substituted "judicial district of Hartford-New Britain" for "Hartford county" in Subsec. (c); P.A. 79-610 replaced labor commissioner with commissioner of public safety in Subsec. (a); Sec. 29-60 transferred to Sec. 29-317 in 1983; P.A. 85-86 amended Subsec. (a), permitting commissioner to adopt National Fire Protection Association standards re installation of oil burners and equipment; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-196 inserted new Subsec. (c), permitting commissioner to grant variations or exemptions from, or approve alternate compliance with, provisions of regulations issued under this section, relettering remaining Subsecs. accordingly; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      See chapter 54 re uniform administrative procedures.

      Annotations to former section 29-60:

      Regulations cover broad field; jury should not be permitted to read at random; court should take judicial notice of applicable portion only. 149 C. 193.

      Sec. 29-318. (Formerly Sec. 29-60a). Space heaters prohibited. (a) As used in this section, "space heater" means any heating device having a barometric fed fuel control, which has a fuel supply tank located less than forty-two inches from the center of the burner, adapted for burning kerosene, range oil or No. 1 fuel oil. On and after November 1, 1966, no person shall sell, offer for sale, install, use or allow to be used a space heater in any building used in whole or in part as a place of human habitation.

      (b) Any person who violates any provision of this section shall be fined not more than one hundred dollars.

      (February, 1965, P.A. 205, S. 1, 2.)

      History: Sec. 29-60a transferred to Sec. 29-318 in 1983.

      Sec. 29-318a. Sale of unvented fuel-burning room heaters. On or after October 1, 1985, no new unvented fuel-burning room heater shall be sold or offered for sale in this state which has not been listed by a nationally recognized independent testing laboratory.

      (P.A. 84-542, S. 1; P.A. 85-172, S. 1.)

      History: P.A. 85-172 provided that on or after October 1, 1985, heaters sold or offered for sale shall be listed by a "nationally recognized" laboratory.

      Sec. 29-318b. Use of unvented fuel-burning room heaters in multiple-family dwellings. Notice. (a) No unvented fuel-burning room heater shall be used in any residence other than a single-family residence unless such heater is fueled by natural gas or propane and is equipped with an oxygen depletion sensor.

      (b) Any person who sells unvented fuel-burning room heaters shall post a sign next to any display of such heaters, informing consumers that such heaters shall not be used in any residence other than a single-family residence unless such heaters are fueled by natural gas or propane and are equipped with an oxygen depletion sensor.

      (P.A. 84-542, S. 2.)

      Sec. 29-318c. Warning label. Regulations. (a) On or after October 1, 1985, each new unvented fuel-burning room heater other than heaters which are fueled by natural gas or propane and which are equipped with an oxygen depletion sensor, shall bear a label, located on the front panel of such heater, which shall include the warning specified in underwriter's laboratory standard number 647, as revised.

      (b) Warning labels affixed to unvented kerosene burning heaters shall state that consumers shall burn only kerosene labeled 1-K in accordance with the standards of the American Society for Testing Materials in such heaters.

      (c) The Commissioner of Consumer Protection may adopt regulations in accordance with the provisions of chapter 54 requiring the inclusion of additional warnings or information in brochures or other written material accompanying such heaters.

      (P.A. 84-542, S. 3; P.A. 85-172, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(c); P.A. 04-189, S. 1.)

      History: P.A. 85-172 (1) provided that on or after October 1, 1985, heaters shall bear a label including warning specified in Underwriter's Laboratory Standard No. 647, (2) deleted language requiring the inclusion of specific, detailed warnings on the label, (3) included reference to standards of American Society for Testing Materials on warning labels re type of kerosene used, and (4) permitted consumer protection commissioner to adopt regulations re additional warnings or information in new Subsec. (c); June 30 Sp. Sess. P.A. 03-6 replaced Commissioner of Consumer Protection with Commissioner of Agriculture and Consumer Protection, effective July 1, 2004; 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.

      Sec. 29-319. (Formerly Sec. 29-61). Fuel emergency. As used herein, "emergency" means the existence in any community of general distress because of a shortage of fuel, or threatened distress because of probable shortage of fuel, when public proclamation to that effect is made by the Governor; "hoard" means the withholding by any person, firm or corporation dealing in fuel of the same from sale or delivery at a reasonable price during an emergency, and "profiteer" means to hold for sale, or sell, fuel at an excessive profit, or charge an excessive rate or place unreasonable restrictions or conditions upon the sale, delivery or transportation of fuel. Whenever the Governor, by public proclamation, declares that an emergency exists, the provisions hereof may be enforced from the date of such proclamation until, in like manner, he declares the emergency at an end. During such emergency, no person, firm or corporation, and no employee of any person, firm or corporation, shall hoard or profiteer in fuel, or hinder or obstruct or in any way interfere with its prompt sale, distribution or transportation. Each person, firm or corporation dealing in fuel shall make and keep accurate and complete written records of all transactions concerning the same, showing, as to each purchase and sale, the date, kind, quantity and price, the name and address of the vendor and vendee and the identity of the agency of delivery. No person, firm or corporation shall knowingly give any false, deceiving or misleading information, or knowingly engage in any transaction that is calculated to create false, deceiving or misleading information, or knowingly incorporate or permit to remain in his or its books, accounts or other printed or written record any information that is calculated to create or convey false, deceiving or misleading information essential to the ascertainment of the facts concerning his or its dealings and profit in fuel. During any emergency, the Labor Commissioner, any member of the Labor Department under his direction and any local fire marshal shall have and exercise, in the enforcement of this section, the same powers of investigation, as far as applicable, as are conferred upon local fire marshals under the provisions of this part, and the commissioner, in the enforcement of this section, shall have and exercise the same powers, as far as applicable, as are conferred upon the Commissioner of Public Safety by the provisions of section 29-310. Any person, firm or corporation violating any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both.

      (1949 Rev., S. 3683; P.A. 73-12, S. 2, 3; P.A. 77-614, S. 486, 610.)

      History: P.A. 73-12 authorized labor commissioner and members of labor department to exercise powers in enforcing section which are conferred upon them by state police commissioner where previously state police commissioner and members of state police were authorized to exercise powers in enforcing section which were conferred upon them under Sec. 29-57; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-61 transferred to Sec. 29-319 in 1983.

      See title 16a re planning and energy policy.

      Sec. 29-320. (Formerly Sec. 29-62). Regulations concerning flammable or combustible liquids. The Commissioner of Public Safety shall make and enforce, and may amend, reasonable regulations concerning the safe storage, use, transportation by any mode and transmission by pipeline of flammable or combustible liquids. In adopting such regulations, said commissioner may adopt by reference standards concerning flammable or combustible liquids as set forth by the National Fire Protection Association for the prevention of damage to property and injury to life, and protection from hazards incident to the storage, use, transportation by any mode and transmission by pipeline of such liquids. Such regulations shall not apply to electric, electric distribution and gas companies, as defined in section 16-1.

      (1949 Rev., S. 3686; 1955, S. 1995d; 1961, P.A. 236; P.A. 73-132, S. 1; P.A. 77-614, S. 486, 610; P.A. 79-512, S. 1, 13; P.A. 85-38; P.A. 98-28, S. 104, 117.)

      History: 1961 act added transmission by pipeline; P.A. 73-132 added provision authorizing labor commissioner to regulate storage, use, transportation and transmission of flammable liquids by pipeline in places of employment as such activities affect employee health and safety if his regulations are no less stringent than regulations made and enforced by state police commissioner; P.A. 77-614 replaced state police commissioner with commissioner of public safety, effective January 1, 1979; P.A. 79-512 clarified scope of regulations, allowed commissioner of public safety to "adopt by reference" standards of National Fire Protection Association where previously he could "be guided by recognized national standards" in adopting regulations, added references to "combustible" liquids, deleted provision which required commissioner to divide liquids into three classes according to "flash points" and deleted provision which had authorized labor commissioner to regulate flammable liquids in pipelines in places of employment; Sec. 29-62 transferred to Sec. 29-320 in 1983; P.A. 85-38 deleted language prohibiting the application of regulations (1) to plants or equipment constructed or established before July 1, 1955, and (2) the use of flammable or combustible liquids in manufacturing plants or establishments; P.A. 98-28 added electric distribution companies, effective July 1, 1998.

      See Sec. 4-168 et seq. re procedure for adoption of regulations.

      Sec. 29-321. (Formerly Sec. 29-63). Variations or exemptions. The Commissioner of Public Safety may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of section 29-320 where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the commissioner, secure the public safety.

      (1955, S. 1996d; 1957, P.A. 516, S. 7; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-63 transferred to Sec. 29-321 in 1983.

      Sec. 29-322. (Formerly Sec. 29-64). Inspections by local fire marshal of cargo tank motor vehicle used to transport flammable or combustible liquids. No person shall operate, and no owner shall permit the operation of, a cargo tank motor vehicle, as defined in the Code of Federal Regulations Title 49, Section 171.8, as amended from time to time, used for the transportation of flammable or combustible liquids until such vehicle has been inspected in accordance with the provisions of this section. Each local fire marshal shall inspect once each year, and more often if necessary, all tanks and cargo tank motor vehicles located in his jurisdiction and used for the storage or transportation of flammable or combustible liquids, and shall promptly report to the Commissioner of Public Safety each definite hazard so found. All such inspections shall be made in accordance with the regulations provided for in section 29-320. The local fire marshal of the city, town or borough in which the vehicle is registered by the Commissioner of Motor Vehicles shall issue for each vehicle inspected and approved a certificate furnished by the Commissioner of Public Safety which shall be carried in the vehicle and kept with the certificate of registration for such vehicle at all times. No city, town or borough, other than the one in which the vehicle is registered by the Commissioner of Motor Vehicles, shall require any further inspection or cause any further inspection to be made, or exact any license fees for such inspection, or exact any license fees for the transportation of flammable or combustible liquids into or out of such city, town or borough.

      (1949 Rev., S. 3687; 1949, S. 1997d; 1959, P.A. 374; P.A. 77-614, S. 486, 610; P.A. 79-512, S. 2, 13; P.A. 93-73, S. 1; P.A. 97-162, S. 1.)

      History: 1959 act prohibited operation of motor vehicle used to transport flammable liquids until it has been inspected and removed requirement for placement of sticker in lower right-hand corner of windshield; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 79-512 made provisions applicable to "combustible liquids" and added Subsec. (b) re procedure required when flammable or combustible fluid leaks or is discharged from storage facility or transport vehicle; Sec. 29-64 transferred to Sec. 29-322 in 1983; P.A. 93-73 limited applicability of section to cargo tank motor vehicles, as defined in CFR Title 49, Section 171.8, as amended, required local fire marshal to issue a certificate in lieu of a sticker for each vehicle inspected and approved, and required certificate to be carried in vehicle and kept with registration certificate at all times; P.A. 97-162 deleted former Subsec. (b) re reports of leaks or discharges to state police and deleted Subsec. (a) designation.

      Sec. 29-323. (Formerly Sec. 29-65). Appeal. Any person aggrieved by any such regulation or any act of said commissioner in enforcing the same may apply for relief to the superior court for the judicial district of Hartford or for the judicial district in which such plant or equipment is located or, if said court is not in session, to any judge thereof, who may grant appropriate relief.

      (1949 Rev., S. 3688; 1955, S. 1998d; P.A. 74-183, S. 257, 291; P.A. 76-436, S. 220, 681; P.A. 78-280, S. 1, 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 74-183 added reference to judicial districts; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted general reference to counties and substituted "judicial district of Hartford-New Britain" for "Hartford county"; Sec. 29-65 transferred to Sec. 29-323 in 1983; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Sec. 29-324. (Formerly Sec. 29-66). Penalty. Any person who, by himself or his employee or agent, or as the employee or agent of another, violates any regulation promulgated under section 29-320, or who operates or permits the operation of a motor vehicle in violation of section 29-322, shall be fined not more than five hundred dollars or imprisoned not more than six months or both for the first offense, and not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year or both for each subsequent offense. If death or injury results from any such violation, the fine shall be not more than ten thousand dollars and the period of imprisonment not more than ten years or both.

      (1949 Rev., S. 3689; 1959, P.A. 498; P.A. 79-512, S. 3, 13.)

      History: 1959 act added operation or permission of operation of vehicle in violation of Sec. 29-64; P.A. 79-512 added penalty provisions applicable to subsequent offenses and penalty provisions applicable when death or injury results from violation; Sec. 29-66 transferred to Sec. 29-324 in 1983.

      Sec. 29-325. (Formerly Sec. 29-67). Fire hazards in dry cleaning; regulations. The Commissioner of Public Safety shall adopt regulations in accordance with the provisions of chapter 54 providing reasonable safeguards for the prevention and control of fire and explosion hazards incident to the business of dry cleaning and for the protection of employees and the public. In adopting such regulations, the commissioner may adopt by reference standards concerning dry cleaning operations as set forth by the National Fire Protection Association. Notwithstanding the provisions of this section, the Labor Commissioner shall regulate the storage, handling and use of cleaning fluids, dyes and other materials and methods of operation of dry cleaning and dry dyeing in places of employment insofar as such activities relate to employee health and safety, provided such regulations shall be no less stringent than those regulations adopted by the Commissioner of Public Safety pursuant to this section.

      (1949 Rev., S. 3690; P.A. 73-132, S. 2; P.A. 85-87.)

      History: P.A. 73-132 specified labor commissioner's authority to regulate storage, handling and use of cleaning fluids, dyes, etc. in places of employment; Sec. 29-67 transferred to Sec. 29-325 in 1983; P.A. 85-87 (1) required public safety commissioner to adopt regulations re prevention of fire hazards in dry cleaning and permitted him to adopt National Fire Protection Association standards by reference and (2) deleted language requiring state fire marshal to adopt regulations.

      See Sec. 4-168 et seq. re procedure for adoption of regulations.

      Sec. 29-326. (Formerly Sec. 29-68). Local fire marshals to enforce regulations. Each local fire marshal shall enforce such regulations throughout his jurisdiction, and shall inspect, at least once each year and at such other times as it appears necessary, all places where dry cleaning or dry dyeing is done. Each local fire marshal shall make written orders concerning any failure to comply with such regulations and for the abatement of any fire hazard or casualty hazard related thereto found upon inspection.

      (1949 Rev., S. 3691; P.A. 90-25.)

      History: Sec. 29-68 transferred to Sec. 29-326 in 1983; P.A. 90-25 required fire marshal to inspect dry cleaning businesses at least once a year in lieu of twice a year.

      Sec. 29-327. (Formerly Sec. 29-69). Appeal. Any person aggrieved by any regulation or order made under the provisions of section 29-325 or 29-326 may appeal to the superior court for the judicial district where he resides or, if said court is not in session, to a judge thereof, which court or judge may grant appropriate relief.

      (1949 Rev., S. 3692; 1971, P.A. 870, S. 83; P.A. 74-183, S. 258, 291; P.A. 76-436, S. 221, 681; P.A. 78-280, S. 1, 127.)

      History: 1971 act replaced superior court with court of common pleas, effective September 1, 1971, except that courts with cases pending retain jurisdiction unless pending matters deemed transferable; P.A. 74-183 added reference to judicial districts; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted reference to counties; Sec. 29-69 transferred to Sec. 29-327 in 1983.

      Sec. 29-328. (Formerly Sec. 29-70). Penalty. Any person who, by himself or by his employee or agent, violates or fails to comply with any such regulation or any order made by the State Fire Marshal or by any local fire marshal having jurisdiction for the abatement of any fire or casualty hazard found on premises where dry cleaning or dry dyeing is done shall be fined not more than two hundred dollars or imprisoned not more than sixty days or both.

      (1949 Rev., S. 3693.)

      History: Sec. 29-70 transferred to Sec. 29-328 in 1983.

      Sec. 29-329. (Formerly Sec. 29-70a). Regulations concerning installation and operation of gas equipment and piping. Variations or exemptions. (a) The State Fire Marshal shall make regulations prescribing reasonable minimum requirements for the installation and operation of gas equipment and gas piping. In the writing of such regulations said fire marshal may adopt by reference standards concerning gas equipment and piping installation as set forth by the National Fire Protection Association for the prevention of injury to life and damage to property and protection from hazards incident to the installation and operation of such gas equipment and piping.

      (b) No regulation made in accordance with this section shall apply to premises used for manufacturing or to public service companies, as defined in section 16-1, nor shall any such regulation impair the rights of municipalities to enact ordinances and make rules and regulations for the installation of gas equipment and gas piping so far as such ordinances, rules and regulations specify requirements equal or additional to or more stringent than the regulations issued under the authority of this section.

      (c) The State Fire Marshal may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of this section where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal, secure the public safety and shall be made in writing.

      (d) Any person aggrieved by any such regulation or by any act of said Fire Marshal in enforcing the same may apply for relief to the superior court for the judicial district of Hartford or for the judicial district in which such gas equipment or gas piping is located or, if said court is not in session, to any judge thereof, who may grant appropriate relief.

      (e) Any person who, by himself or his employee or agent or as the employee or agent of another, violates or fails to comply with any regulation adopted under this section shall be fined not more than one hundred dollars or imprisoned not more than six months or both.

      (1961, P.A. 135; P.A. 74-183, S. 259, 291; P.A. 76-436, S. 222, 681; P.A. 78-280, S. 1, 5, 127; P.A. 79-512, S. 4, 13; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 91-196, S. 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 74-183 added reference to judicial districts in Subsec. (c); P.A. 76-436 replaced court of common pleas with superior court in Subsec. (c) and substituted "adopted" for "promulgated" in Subsec. (d), effective July 1, 1978; P.A. 78-280 deleted general reference to counties and replaced "Hartford county" with "judicial district of Hartford-New Britain" in Subsec. (c); P.A. 79-512 referred to gas "equipment" rather than "appliances" throughout section and authorized fire marshal to "adopt by reference" standards set forth by National Fire Protection Association where previously he "may be guided by recognized national standards"; Sec. 29-70a transferred to Sec. 29-329 in 1983; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 91-196 inserted new Subsec. (c), permitting state fire marshal to grant variations or exemptions from, or approve alternate compliance with, provisions of regulations issued under this section, and relettered remaining Subsecs. accordingly; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      See Sec 4-168 et seq. re procedure for adoption of regulations.

      See chapter 393 (Sec. 20-330 et seq.) re licensing of persons engaged in "plumbing and piping work".

      Sec. 29-330. (Formerly Sec. 29-71). Definitions. The term "liquefied petroleum gas", as used in sections 29-331 and 29-332, means and includes any material which is composed predominantly of any of the following hydrocarbons or mixtures of the same: Propane, propylene, butane, normal or isobutane and butylene. The term "liquefied natural gas", as used in sections 29-331 and 29-332, means a fluid in the liquid state composed predominantly of methane and which may contain minor quantities of ethane, propane, nitrogen or other components normally found in natural gas.

      (1955, S. 1999d; P.A. 79-512, S. 5, 13.)

      History: P.A. 79-512 defined "liquefied natural gas"; Sec. 29-71 transferred to Sec. 29-330 in 1983.

      Sec. 29-331. (Formerly Sec. 29-72). Regulations concerning liquefied petroleum gas and liquefied natural gas. The Commissioner of Public Safety shall make reasonable regulations concerning the safe storage, use, transportation by any mode and transmission by pipeline of liquefied petroleum gas. Regulations concerning safe storage shall specify standards to ensure maximum security against unauthorized entry into storage areas where liquefied petroleum gas or liquefied natural gas is stored. In adopting such regulations, said commissioner may adopt by reference standards concerning liquefied petroleum gas as set forth by the National Fire Protection Association for the prevention of damage to property and injury to life, and protection from hazards incident to the storage, use, transportation by any mode and transmission by pipeline of such gas, with particular reference to the design, construction, location and operation of liquefied petroleum gas installations. Such regulations shall not apply to electric, electric distribution and gas companies as defined in section 16-1.

      (1955, S. 2000d; P.A. 73-132, S. 3; P.A. 77-614, S. 486, 610; P.A. 79-512, S. 6, 13; P.A. 85-39; P.A. 98-28, S. 105, 117.)

      History: P.A. 73-132 empowered labor commissioner to regulate storage, use and transportation of liquefied petroleum gas in places of employment; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 79-512 clarified scope of regulations, included requirement that safe storage regulations specify standards to ensure security against unauthorized entry into storage areas, authorized commissioner to "adopt by reference" standards set forth by National Fire Protection Association where previously he "may be guided by recognized national standards" and deleted labor commissioner's power to regulate liquefied petroleum gas in places of employment; Sec. 29-72 transferred to Sec. 29-331 in 1983; P.A. 85-39 deleted language prohibiting the application of regulations (1) to plants or equipment constructed or established before July 1, 1955, and (2) to use of liquefied gases in manufacturing plants or establishments; P.A. 98-28 added electric distribution companies, effective July 1, 1998.

      See Sec. 4-168 et seq. re procedure for adoption of regulations.

      Sec. 29-332. (Formerly Sec. 29-73). Inspections by local fire marshal of cargo tank motor vehicle used to transport gas. No person shall operate, and no owner shall permit the operation of, a cargo tank motor vehicle, as defined in the Code of Federal Regulations Title 49, Section 171.8, as amended from time to time, used for the transportation of liquefied petroleum gas or liquefied natural gas until such vehicle has been inspected in accordance with the provisions of this section. The local fire marshal of each town, city and borough shall inspect once annually, and more often if necessary, all bulk storage tanks, equipment and cargo tank motor vehicles at bulk storage plant installations in his jurisdiction and utilized for the storage or transportation of liquefied petroleum gas or liquefied natural gas, and shall promptly report to the Commissioner of Public Safety each hazard found in such inspection. All such inspections shall be made in accordance with regulations established under the provisions of section 29-331. The local fire marshal of the city, town or borough in which the vehicle is registered by the Commissioner of Motor Vehicles shall issue for each vehicle, inspected and approved, a certificate furnished by the Commissioner of Public Safety which shall be carried in the vehicle and kept with the certificate of registration for such vehicle at all times. No municipality other than the one in which the vehicle is registered by the Commissioner of Motor Vehicles shall require any further inspection or cause any further inspection to be made, or exact any license fees for such inspection, or exact any license fees for the transportation of liquefied petroleum gas or liquefied natural gas into or out of such municipality.

      (1955, S. 2001d; 1959, P.A. 370; P.A. 77-614, S. 486, 610; P.A. 79-512, S. 7, 13; P.A. 93-73, S. 2; P.A. 97-162, S. 2.)

      History: 1959 act prohibited operation of vehicle used for transporting liquefied petroleum gas until it has been inspected and removed requirement for placement of sticker in lower right-hand corner of windshield; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 79-512 made provisions applicable to liquefied natural gas and added Subsec. (b) re procedure required when leak or discharge of gases from storage facility or transport vehicle occurs; Sec. 29-73 transferred to Sec. 29-332 in 1983; P.A. 93-73 amended Subsec. (a) to limit applicability of section to cargo tank motor vehicles, as defined in CFR Title 49, Section 171.8, as amended, require local fire marshal to issue a certificate in lieu of a sticker for each vehicle inspected and approved and require certificate to be carried in vehicle and kept with registration certificate at all times; P.A. 97-162 deleted former Subsec. (b) re reports of leaks or discharges to state police and deleted Subsec. (a) designation.

      Sec. 29-333. (Formerly Sec. 29-74). Variations or exemptions. The Commissioner of Public Safety may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of section 29-331 where strict compliance with such provisions would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided any such variation or exemption or approved equivalent or alternate compliance shall, in the opinion of the commissioner, secure the public safety.

      (1955, S. 2002d; 1957, P.A. 516, S. 8; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-74 transferred to Sec. 29-333 in 1983.

      Sec. 29-334. (Formerly Sec. 29-75). Appeal. Any person aggrieved by any regulation under the provisions of section 29-331 or by any act of the commissioner in enforcing the same may apply for relief to the superior court for the judicial district of Hartford or for the judicial district in which such plant, tank or equipment is located or in which such vehicle is registered or, if said court is not in session, to any judge thereof, who may grant appropriate relief.

      (1955, S. 2003d; P.A. 74-183, S. 260, 291; P.A. 76-436, S. 223, 681; P.A. 78-280, S. 1, 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 74-183 added reference to judicial districts; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted general reference to counties and substituted "judicial district of Hartford-New Britain" for "Hartford county"; Sec. 29-75 transferred to Sec. 29-334 in 1983; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Sec. 29-335. (Formerly Sec. 29-76). Penalty. Any person who, by himself or his employee or agent, or as the employee or agent of another, violates or fails to comply with any regulation promulgated under section 29-331, or who operates or permits the operation of a motor vehicle in violation of section 29-332, shall be fined not more than five hundred dollars or imprisoned not more than six months or both for the first offense, and not less than five hundred dollars nor more than one thousand dollars or imprisoned not more than one year or both for each subsequent offense. If death or injury results from any such violation, the fine shall be not more than ten thousand dollars and the period of imprisonment not more than ten years or both.

      (1955, S. 2004d; 1959, P.A. 400; P.A. 79-512, S. 8, 13.)

      History: 1959 act extended penalty to operating or permitting operation of vehicle in violation of Sec. 29-73; P.A. 79-512 added specific penalties for subsequent offenses and for violations which result in injury or death; Sec. 29-76 transferred to Sec. 29-335 in 1983.

      Sec. 29-335a. Transportation and handling of propane gas. Definitions. Penalty. (a) As used in this section, "propane gas container" means a refillable tank or cylinder containing propane gas which has a cylinder valve attached thereto, but does not include a fuel tank which is a component part of a vehicle; "container valve plug" means a fully threaded plug made of substantial material fitted with a large hexagon nut or hand wheel for tightening which is designed to prevent the flow of gas if the container valve is opened and to release trapped pressure except when fully inserted in the container; and "approved quick closing coupling" means a valve assembly provided with a quick coupling device which shuts off the flow of propane gas when not connected for use.

      (b) No propane gas filling facility may release a propane gas container to a customer for transportation in any enclosed vehicle unless a fitted container valve plug is fully inserted in the container or the container has an approved quick closing coupling. No person may (1) transport a propane gas container in any enclosed vehicle unless a fitted container valve plug is fully inserted in the container, or the container has an approved quick closing coupling, and such container is transported in an upright position and secured to prevent movement, (2) leave a propane gas container unattended in any vehicle or in an area accessible to the public unless a fitted container valve plug is fully inserted in the container or the container has an approved quick closing coupling, or (3) remove a container valve plug from a propane gas container except to fill the container or connect such container for use.

      (c) Any person who, by himself or by his employee or agent, or as the employee or agent of another, violates or fails to comply with any provision of this section, shall, upon a first conviction, be fined not more than five hundred dollars. Upon any subsequent conviction, any such person shall be fined not less than five hundred dollars nor more than one thousand dollars. If death or injury results from any such violation, such person shall be fined not more than ten thousand dollars.

      (P.A. 83-414; P.A. 96-6, S. 1, 2.)

      History: P.A. 96-6 amended Subsec. (a) to define "approved quick closing coupling" and Subsec. (b) to allow for transportation and handling of propane gas containers with such a device, effective April 22, 1996.

      Sec. 29-336. (Formerly Sec. 29-77). Hazardous chemicals. Definitions. As used in sections 29-336 to 29-341, inclusive, "hazardous chemicals" means any materials which are highly flammable or which may react to cause fires or explosions, or which by their presence create or augment a fire or explosion hazard, or which because of their toxicity, flammability or liability to explosion render fire fighting abnormally dangerous or difficult; also flammable liquids which are chemically unstable and which may spontaneously form explosive compounds, or undergo spontaneous reactions of explosive violence, or with sufficient evolution of heat to be a fire hazard; and shall include such materials as compressed gases, liquefied gases, flammable solids, corrosive liquids, oxidizing materials, potentially explosive chemicals, highly toxic materials and poisonous gases. "Compressed gas" means any mixture or material having in the container either an absolute pressure exceeding forty pounds per square inch at seventy degrees Fahrenheit, or an absolute pressure exceeding one hundred four pounds per square inch at one hundred thirty degrees Fahrenheit, or both; or any liquid flammable material having a vapor pressure exceeding forty pounds per square inch at one hundred degrees Fahrenheit. "Corrosive liquids" means those acids, alkaline caustic liquids and other corrosive liquids which, when in contact with living tissue, will cause severe damage of such tissue by chemical action; or are liable to cause fire when in contact with organic matter or with certain chemicals. "Flammable solid" means a solid substance, other than one classified as an explosive, which is liable to cause fires through friction, through absorption of moisture, through spontaneous chemical changes or as a result of retained heat from manufacturing or processing. "Highly toxic materials" are materials so toxic to man as to afford an unusual hazard to life and health during fire fighting operations, including parathion, malathion, TEPP (tetraethyl phosphate), HETP (hexaethyl tetraphosphate), and similar insecticides and pesticides. "Oxidizing materials" means substances such as chlorates, permanganates, peroxides or nitrates, which yield oxygen readily to stimulate combustion. "Poisonous gas" means and includes any noxious gas of such nature that a small amount of the gas when mixed with air is dangerous to life, including chlorpicrin, cyanogen, hydrogen cyanide, nitrogen peroxide and phosgene. "Potentially explosive chemical" means any chemical substance, other than one classified as an explosive, which can be exploded by heat or shock when it is unconfined and unmixed with air or other materials. "Vapor pressure" means the pressure, measured in pounds per square inch (absolute), exerted by a volatile liquid as determined by the nationally recognized good practice known as the Reid method.

      (1957, P.A. 353, S. 1; 1967, P.A. 550, S. 9; P.A. 83-566, S. 5, 6.)

      History: 1967 act excluded radioactive materials from definition of "hazardous chemicals" where previously such materials were included in the definition; Sec. 29-77 transferred to Sec. 29-336 in 1983; P.A. 83-566 eliminated from the definition of hazardous chemicals, materials not otherwise defined in Secs. 29-320, 29-343 and 43-36.

      Sec. 29-337. (Formerly Sec. 29-78). Regulations concerning hazardous chemicals. The Commissioner of Public Safety shall make reasonable regulations in accordance with the provisions of chapter 54 concerning the safe storage, transportation by any mode and transmission by pipeline of hazardous chemicals. In adopting such regulations, said commissioner may adopt by reference standards as set forth in the Code of Federal Regulations Title 49, Parts 100 through 199, as amended, and standards concerning hazardous chemicals as set forth by the National Fire Protection Association for the prevention of damage to property and injury to life, and protection from hazards incident to the storage, transportation by any mode and transmission by pipeline of such chemicals.

      (1957, P.A. 353, S. 2; 1961, P.A. 30; P.A. 77-614, S. 486, 610; P.A. 79-512, S. 9, 13; P.A. 84-404, S. 1, 2; P.A. 85-390, S. 2; 85-533, S. 2; P.A. 86-113; P.A. 89-171, S. 4, 5; P.A. 90-230, S. 50, 101; 90-263, S. 69, 74; P.A. 91-73, S. 3, 4; P.A. 92-131, S. 2; P.A. 94-189, S. 20.)

      History: 1961 act added transmission by pipeline; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 79-512 clarified scope of regulations and authorized commissioner to "adopt by reference" standards in code of federal regulations and standards set forth by National Fire Protection Association where previously commissioner "may be guided by recognized national standards"; Sec. 29-78 transferred to Sec. 29-337 in 1983; P.A. 84-404 (1) added "as amended" after the Code of Federal Regulations reference, (2) deleted the reference to Part 390 of Title 49 of the Code and inserted "386" in lieu thereof, (3) eliminated the provision making the regulations inapplicable to any plant or equipment constructed before October 1, 1957, and to electric and gas companies and (4) provided that the regulations adopted by reference may apply to commercial motor vehicles; P.A. 85-390 specified that the commissioner shall make reasonable regulations "in accordance with the provisions of chapter 54" and provided that regulations adopted by reference to federal regulations may be made applicable to any commercial motor vehicle "transporting hazardous materials, chemicals or waste" and that such regulations may be made applicable to any commercial motor vehicle after October 1, 1986; P.A. 85-533 deleted provisions added by P.A. 85-390 which had made regulations adopted by reference to the provisions of the Code of Federal Regulations applicable to commercial vehicles transporting hazardous materials, waste or chemicals and had specified such regulations' applicability to any commercial vehicle after October 1, 1986; P.A. 86-113 limited the applicability of regulations adopted by reference to the provisions of the Code of Federal Regulation Title 49, Parts 386 through 397, as amended, to commercial motor vehicles which have a gross weight of not less than eighteen thousand pounds or which transport hazardous chemicals; P.A. 89-171 added an exception to the provisions of the Code of Federal Regulations Title 49, Part 393, Subpart G, Section 393.86 for any motor vehicle engaged in intrastate commerce and used in construction, until January 1, 1990; P.A. 90-230 made a technical change; P.A. 90-263 amended last sentence to delete reference to "commercial" motor vehicle; P.A. 91-73 deleted exception added by P.A. 89-171 because of its obsolescence; P.A. 92-131 divided the Sec. into two Subsecs., inserting new language as Subsec. (b) to exempt public service company vehicles operating in the case of major loss of utility service, disaster or other declared state of emergency from regulations adopted under Subsec. (a) relative to maximum hours of operation, and amending Subsec. (a) accordingly; P.A. 94-189 amended section by eliminating the Subsec. (a) designation, deleting the references to Parts 386 through 397 of the Code of Federal Regulations, deleting provisions re applicability of certain federal regulations adopted by reference to certain vehicles transporting hazardous chemicals and inapplicability of certain federal regulations adopted by reference to certain vehicles used in emergencies and disaster relief efforts, but see Sec. 14-163c.

      See chapter 54 re uniform administrative procedure.

      Sec. 29-338. (Formerly Sec. 29-79). Variations or exemptions. The Commissioner of Public Safety may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under section 29-337 where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted; provided any such variation or exemption or approved equivalent or alternate compliance shall, in the opinion of the commissioner, secure the public safety.

      (1957, P.A. 353, S. 3; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-79 transferred to Sec. 29-338 in 1983.

      Sec. 29-339. (Formerly Sec. 29-80). Inspection of cargo tank motor vehicle used for transportation of hazardous chemicals. No person shall operate, and no owner shall permit the operation of, a cargo tank motor vehicle, as defined in the Code of Federal Regulations Title 49, Section 171.8, as amended from time to time, used for the transportation of hazardous chemicals until such vehicle has been inspected in accordance with the provisions of this section. The local fire marshal of each town, city and borough shall inspect once annually, and more often as necessary, all storage plants and equipment and cargo tank motor vehicles at bulk storage plant installations in his jurisdiction and utilized for the storage and transportation of hazardous chemicals, and shall promptly report to the Commissioner of Public Safety each hazard found in such inspection. Such inspections shall be in accordance with the regulations issued under the provisions of section 29-337. The local fire marshal of the city, town or borough in which any such vehicle is registered by the Commissioner of Motor Vehicles shall issue for each vehicle inspected and approved a certificate furnished by the Commissioner of Public Safety which shall be carried in the vehicle and kept with the certificate of registration for such vehicle at all times. No municipality other than the one in which such vehicle is so registered shall require any further inspection or cause any further inspection to be made or exact any license fees for such inspection or exact any license fees for the transportation of chemicals into or out of such municipality.

      (1957, P.A. 353, S. 4; 1959, P.A. 371; P.A. 77-614, S. 486, 610; P.A. 79-512, S. 10, 13; P.A. 93-73, S. 3; P.A. 97-162, S. 3.)

      History: 1959 act prohibited operation of vehicle used to transport hazardous chemicals until it has been inspected and removed requirement of fixing sticker to lower right-hand corner of windshield; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 79-512 added Subsec. (b) re procedure required when hazardous chemicals leak or are discharged from storage facility or transport vehicle; Sec. 29-80 transferred to Sec. 29-339 in 1983; P.A. 93-73 amended Subsec. (a) to limit applicability of section to cargo tank motor vehicles, as defined in CFR Title 49, Section 171.8, as amended, require local fire marshal to issue a certificate in lieu of a sticker for each vehicle inspected and approved and require certificate to be carried in vehicle and kept with registration certificate at all times; P.A. 97-162 deleted former Subsec. (b) re reports of leaks or discharges to state police and deleted Subsec. (a) designation.

      Sec. 29-340. (Formerly Sec. 29-81). Appeals. Any person aggrieved by any regulation issued under the provisions of section 29-337 or by any act of the commissioner in enforcing the same may apply for relief to the superior court for the judicial district of Hartford or for the judicial district in which such storage plant, tank or equipment is located or in which such vehicle is registered or, if said court is not in session, to any judge thereof, who may grant appropriate relief.

      (1957, P.A. 353, S. 5; P.A. 74-183, S. 261, 291; P.A. 76-436, S. 224, 681; P.A. 78-280, S. 1, 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 74-183 added reference to judicial districts; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted general references to counties and substituted "judicial district of Hartford-New Britain" for "Hartford county"; Sec. 29-81 transferred to Sec. 29-340 in 1983; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Sec. 29-341. (Formerly Sec. 29-82). Penalty. Any person who, by himself or his employee or agent, or as the employee or agent of another, violates or fails to comply with any regulation promulgated under section 29-337, or who operates or permits the operation of a motor vehicle in violation of section 29-339, shall be fined not more than five hundred dollars for the first offense, and be fined not less than one thousand dollars nor more than two thousand dollars or imprisoned not more than six months or both for each subsequent offense. If death or injury results from any such violation, the fine shall be not more than ten thousand dollars and the period of imprisonment not more than ten years or both.

      (1957, P.A. 353, S. 6; 1959, P.A. 340; P.A. 79-512, S. 11, 13; P.A. 86-386; P.A. 95-93, S. 1.)

      History: 1959 act extended penalty to operation or permitting operation of a vehicle in violation of Sec. 29-80; P.A. 79-512 added specific penalties for subsequent offenses and for violations which result in injury or death; Sec. 29-82 transferred to Sec. 29-341 in 1983; P.A. 86-386 increased the maximum fine from five hundred to one thousand dollars and eliminated the term of imprisonment for the first offense, and increased the minimum fine from five hundred to one thousand dollars and the maximum fine from one thousand to two thousand dollars and decreased the maximum term of imprisonment from one year to six months for a subsequent offense; P.A. 95-93 reduced the maximum fine for the first offense from one thousand to five hundred dollars.

      Sec. 29-342. (Formerly Sec. 29-82a). Transportation plan. Section 29-342 is repealed.

      (P.A. 79-512, S. 12, 13; P.A. 84-429, S. 70; P.A. 90-263, S. 70, 74; May 25 Sp. Sess. P.A. 94-1, S. 28, 130; P.A. 95-93, S. 3.)

      Sec. 29-343. (Formerly Sec. 29-83). Explosives. Definition. "Explosive", as used in sections 29-344 to 29-349, inclusive, means any chemical compound or any mechanical mixture that contains oxidizing and combustible units or other ingredients in such proportions, quantities or packing that ignition by fire, friction, concussion, percussion or detonator may cause such a sudden generation of highly heated gases that the resultant gaseous pressure is capable of destroying life or limb or of producing destructive effects to contiguous objects, but not including colloided nitrocellulose in sheets or rods or grains not under one-eighth of an inch in diameter, wet nitrocellulose containing twenty per cent or more moisture and wet nitrostarch containing twenty per cent or more moisture; and manufactured articles shall not be held to be explosive when the individual units contain explosives in such limited quantity, of such nature or in such packing that it is impossible to produce a simultaneous or a destructive explosion of such units to the injury of life, limb or property by fire, friction, concussion, percussion or detonator, including fixed ammunition for small arms, firecrackers, safety fuses and matches. "Explosive", as used in said sections, shall not be deemed to include gasoline, kerosene, naphtha, turpentine or benzine.

      (1949 Rev., S. 4131.)

      History: Sec. 29-83 transferred to Sec. 29-343 in 1983.

      Annotations to former section 29-83:

      Cited. 124 C. 373. Board could reasonably have found plaintiff, in assembling small arms ammunition, was manufacturing explosives and in violation of zoning ordinance which prohibited such manufacture and was not bound by definition of explosives in section 29-83 (29-343) which is limited to sections 29-84 (29-344) to 29-89 (29-349). 155 C. 558.

      Sec. 29-344. (Formerly Sec. 29-84). Reports to Commissioner of Public Safety. Any person engaged in keeping or storing any explosives shall, before engaging in the keeping or storing of such explosives, make a report to the Commissioner of Public Safety stating: The location of the magazine, if existing, or, in case of a new magazine, the proposed location of such magazine; the kind of explosives that are kept or stored or intended to be kept or stored and the maximum quantity that is intended to be kept or stored therein; and the distance such magazine is located or intended to be located from the nearest building or highway.

      (1949 Rev., S. 4132; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-84 transferred to Sec. 29-344 in 1983.

      Sec. 29-345. (Formerly Sec. 29-85). License and permit verification. Records of disposition of explosives. Each person selling or giving away any explosive shall first ascertain that the purchaser or donee of such explosives has obtained a license and permit required by section 29-349 and shall keep a record in which shall be entered an accurate account of each disposition by such person in the course of business, or otherwise, of any explosive. Such record shall show, in legible writing to be entered therein at the time of disposition of the explosive, a history of such transaction, showing the name and quantity of the explosive, the name and place of residence and business of the purchaser or donee, and the name and address of the individual to whom delivered. Such record shall be kept by such person in his principal office or place of business in this state and shall be subject to examination by any military authority, the Commissioner of Public Safety, his deputies and the police officers of the municipality where situated. Any such authority may at any time require any such dealer to produce such record for the year previous. Nothing in this section shall apply to any transaction when such explosive is to be shipped by common carrier to a point outside this state and for use outside this state.

      (1949 Rev., S. 4133; 1971, P.A. 391, S. 1; P.A. 77-614, S. 486, 610.)

      History: 1971 act required that person selling or giving away explosives ascertain that purchaser or donee has obtained the required license and permit and replaced reference to "sales" with references to "dispositions" or "transactions"; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-85 transferred to Sec. 29-345 in 1983.

      Sec. 29-346. (Formerly Sec. 29-86). Custodian to report. Any person not referred to in sections 29-344 and 29-345, having in his possession any explosive, shall report the amount and kind thereof to the Commissioner of Public Safety within ten days after purchase of the same and the purpose for which such explosive is to be used.

      (1949 Rev., S. 4134; P.A. 77-614, S. 486, 610.)

      History: P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-86 transferred to Sec. 29-346 in 1983.

      Sec. 29-347. (Formerly Sec. 29-87). Penalty. Any person who violates any provision of section 29-344, 29-345 or 29-346 shall be fined not more than one thousand dollars or imprisoned not more than six months or both for each offense.

      (1949 Rev., S. 4135.)

      History: Sec. 29-87 transferred to Sec. 29-347 in 1983.

      Sec. 29-348. (Formerly Sec. 29-88). Illegal possession. Any person, having in his possession any explosive for which he has not a bill of sale or who cannot produce legal evidence showing that he obtained such explosive by a legal transfer, shall be fined not more than ten thousand dollars or imprisoned not more than ten years or both for each offense.

      (1949 Rev., S. 4136; 1971, P.A. 391, S. 2.)

      History: 1971 act substituted "transfer" for "sale"; Sec. 29-88 transferred to Sec. 29-348 in 1983.

      Annotation to former section 29-88:

      Cited. 199 C. 591, 593.

      Sec. 29-349. (Formerly Sec. 29-89). Storage, transportation and use of explosives and blasting agents. License, permit, fees. Inspection. Financial responsibility. Jurisdiction of Labor Commissioner. (a) The Commissioner of Public Safety shall have exclusive jurisdiction in the preparation of and may enforce reasonable regulations for the safe and convenient storage, transportation and use of explosives and blasting agents used in connection therewith, which regulations shall deal in particular with the quantity and character of explosives and blasting agents to be stored, transported and used, the proximity of such storage to inhabited dwellings or other occupied buildings, public highways and railroad tracks, the character and construction of suitable magazines for such storage, protective measures to secure such stored explosives and blasting agents and the abatement of any hazard that may arise incident to the storage, transportation or use of such explosives and blasting agents.

      (b) No person, firm or corporation shall engage in any activity concerning the storage, transportation or use of explosives unless such person, firm or corporation has obtained a license therefor from the Commissioner of Public Safety. Such license shall be issued upon payment of a fee of fifty dollars and upon submission by the applicant of evidence of good moral character and of competence in the control and handling of explosives, provided, if such license is for the use of explosives, it may be issued only to an individual person after demonstration that such individual is technically qualified to detonate explosives. Any such license to use explosives shall bear both the fingerprints of the licensee obtained by the Commissioner of Public Safety at the time of licensing, and the licensee's photograph, furnished by the licensee, of a size specified by the commissioner and taken not more than one year prior to the issuance of the license. Each such license shall be valid for one year from the date of its issuance, unless sooner revoked or suspended, and may be renewed annually thereafter upon a payment of thirty dollars.

      (c) The Commissioner of Public Safety shall require any applicant for a license under this section to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a.

      (d) No person shall manufacture, keep, store, sell or deal in any explosives unless such person has a valid license under the provisions of subsection (b) of this section and obtains from the Commissioner of Public Safety or from the fire marshal of the town where such business is conducted a written permit therefor, which permit shall not be valid for more than one year and for which such person shall pay a fee of twenty-five dollars. If the permit is issued by the Commissioner of Public Safety, the commissioner shall forward a copy thereof to the local fire marshal. Such permit so granted shall definitely state the location of the building where such business is to be carried on or such explosive deposited and shall state that such building or premises complies with the regulations provided for in this section.

      (e) No person shall procure, transport or use any explosives unless such person has a valid license under subsection (b) of this section and has obtained a written permit therefor signed by the Commissioner of Public Safety or by the fire marshal of the town where such explosive is to be used, specifying the name of the purchaser, the amount to be purchased and transported and the purpose for which it is to be used. Any such permit to use explosives shall state the number of years the permittee has been engaged in blasting activity. Such permit shall be valid for such period, not longer than one year, as is required to accomplish the purpose for which it was obtained. No carrier shall transport any such explosive until the vehicle transporting the explosive has been inspected and approved by the Department of Public Safety and unless such written permit accompanies the same and no person shall have in such person's possession any such explosive unless such person has a license and permit therefor. The fee for such inspection shall be twenty-five dollars. The fee for such permit shall be twenty dollars. Each person who has in such person's custody or possession any explosive or any detonating caps for explosives shall keep the same either under personal observation or securely locked up.

      (f) Any license or permit issued under the provisions of this section may be suspended or revoked by the issuing authority for violation by the licensee or permittee of any provision of law or regulation relating to explosives or conviction of such licensee or permittee of any felony or misdemeanor. Suspension or revocation of a license shall automatically suspend or revoke the permit and the suspension or revocation of a permit shall automatically suspend or revoke the license.

      (g) Any person who, by himself or herself or by such person's employee or agent or as the employee or agent of another, violates any provision of this section, or any regulation made by the Commissioner of Public Safety pursuant to the provisions of this section, shall be fined not more than ten thousand dollars or imprisoned not more than ten years or both.

      (h) As used in this section, "blasting agent" means any material, composition or mixture intended for blasting, consisting substantially of a fuel and oxidizer, none of the ingredients of which is an explosive as defined in section 29-343, and the finished product of which as mixed and packaged for use or shipment cannot be detonated by the test procedure established by regulations adopted by the Commissioner of Public Safety in accordance with chapter 54.

      (i) Notwithstanding the provisions of this section, the Labor Commissioner shall regulate the storage, transportation and use of explosives and blasting agents in places of employment insofar as such activities relate to employee health and safety, provided such regulations shall be no less stringent than those prepared and enforced by the Commissioner of Public Safety pursuant to this section.

      (1949 Rev., S. 4137; 1957, P.A. 571; 1959, P.A. 281; 1971, P.A. 391, S. 3; 1972, P.A. 98, S. 1; P.A. 73-132, S. 4; P.A. 77-614, S. 486, 610; P.A. 80-297, S. 12, 20; P.A. 87-130; May Sp. Sess. P.A. 92-6, S. 65, 66, 117; P.A. 99-163, S. 6; P.A. 01-175, S. 28, 32; P.A. 05-288, S. 131.)

      History: 1959 act authorized regulation of blasting agents in Subsec. (a) and added Subsec. (e) defining the term "blasting agent"; 1971 act authorized regulations re explosives stored near "other occupied buildings" and re "protective measures to secure such stored explosives and blasting agents", inserted new Subsec. (b) re licenses, relettered remaining Subsecs., revised Subsec. (c), formerly (b), to specify required permit, required that permit state number of years permittee has engaged in blasting activities, limited period of validity and imposed two-dollar fee for permit, rather than twenty-five-cent fee in Subsec. (d), formerly (c), inserted new Subsecs. (e) and (f) re required proof of financial responsibility and re suspension or revocation of license or permit and increased maximum fine from five hundred to ten thousand dollars and maximum prison term from one year to ten years in Subsec. (g), formerly (d); 1972 act repealed Subsec. (e), relettering Subsecs. accordingly; P.A. 73-132 added new Subsec. (h) re labor commissioner's authority to regulate explosives and blasting agents in places of employment; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; P.A. 80-297 increased fee for initial license from twenty-five to fifty dollars and for renewal from ten to twenty-five dollars in Subsec. (b); Sec. 29-89 transferred to Sec. 29-349 in 1983; P.A. 87-130 amended (1) Subsec. (c), increasing permit fee from five to twenty-five dollars, and (2) Subsec. (d), increasing permit fee from two to twenty dollars; May Sp. Sess. P.A. 92-6 amended Subsec. (b) to raise fee from twenty-five to thirty dollars and amended Subsec. (d) to provide that vehicles transporting explosives shall be inspected and approved by the department for an inspection fee of twenty-five dollars; P.A. 99-163 amended Subsec. (g) by transferring regulatory authority from State Fire Marshal to Commissioner of Public Safety; P.A. 01-175 added new Subsec. (c) re criminal history records checks in accordance with Sec. 29-17a, redesignated existing Subsecs. (c) to (h) as Subsecs. (d) to (i) and made technical changes for purposes of gender neutrality in Subsecs. (b), (d), (e) and (g), effective July 1, 2001; P.A. 05-288 made a technical change in Subsecs. (d) and (e), effective July 13, 2005.

      See Sec. 29-355 re appeals from orders relating to explosives, blasting agents and gunpowder.

      Annotations to former section 29-89:

      History and purpose of statute. 77 C. 121. Mere possession of explosives not a nuisance per se. 124 C. 371. Failure to keep explosives under observation or locked up is negligence per se. Id. Jury could reasonably find that defendant through her husband as agent violated statute. 130 C. 330. Cited. 199 C. 591.

      Only the state police may regulate the handling of explosives. The court may not issue an injunction restraining their use. 16 CS 21.

      Sec. 29-350. (Formerly Sec. 29-89a). Exceptions. No provision of section 29-343, 29-345, 29-348, 29-349 or 29-355 shall apply to small arms ammunition or components thereof, or to gun powder in quantities of not more than fifty pounds in any one place, or to any materials for hand loading, reloading or custom loading small arms ammunition for hunting or other sporting purposes; and any person, firm or corporation, which has obtained and is the holder of either (1) a valid license as an importer, manufacturer, or dealer, or (2) a valid user permit, under the provisions of the federal organized Crime Control Act of 1970, Public Law 91-452, or any law amendatory thereof, shall be entitled to the issuance of a permit and license under said sections; provided blasters, detonators or users of high explosives shall obtain a license of technical qualification under subsection (b) of section 29-349.

      (1971, P.A. 391, S. 6.)

      History: Sec. 29-89a transferred to Sec. 29-350 in 1983.

      Sec. 29-351. (Formerly Sec. 29-90). Transportation of explosives by common carrier. No person shall transport, carry or convey gasoline or any other inflammable and explosive substance, not in use to supply motive power, light or heat, on any vessel, car or vehicle operated in the transportation of passengers by a common carrier, which vessel, car or vehicle is carrying passengers for hire; provided such substances may be transported upon any vessel or railroad car if they are not carried in that part of such vessel or car which is being used for the transportation of passengers for hire, and small arms ammunition in any quantity and such fuses, torpedoes, rockets or other signal devices as may be essential to promote safety in operation may be transported on any vessel, car or vehicle. Nothing in this section shall prevent the transportation of military or naval forces with their accompanying munitions of war on passenger-equipment vessels, cars or vehicles. No person shall bring into or place upon any such vessel, car or vehicle any gasoline or other inflammable and explosive substance except as herein provided. Any person or the officers of any corporation violating any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than six months or both.

      (1949 Rev., S. 4138.)

      History: Sec. 29-90 transferred to Sec. 29-351 in 1983.

      Sec. 29-352. (Formerly Sec. 29-91). Manufacture or storage of explosive material near property of another. No person shall manufacture or store any explosive material or compound, except gunpowder, near another person's property in quantity sufficient to endanger the lives or safety of persons or to injure their property; and any person so offending shall be liable for all damages caused thereby.

      (1949 Rev., S. 4130.)

      History: Sec. 29-91 transferred to Sec. 29-352 in 1983.

      Annotation to former section 29-91:

      Cited. 155 C. 563.

      Sec. 29-353. (Formerly Sec. 29-93). Explosive compounds to be marked. Any person who knowingly has in his possession any package of nitroglycerine, gunpowder, naphtha or other equally explosive material, not marked with a plain and legible label describing its contents, or who removes any such label or mark, or knowingly delivers to any carrier any such package without such label, shall be fined not more than ten thousand dollars or imprisoned not more than five years.

      (1949 Rev., S. 4140.)

      History: Sec. 29-93 transferred to Sec. 29-353 in 1983.

      Sec. 29-354. (Formerly Sec. 29-94). Gunpowder may be ordered removed. The fire marshal of any town may, by written order, direct the owner or person having charge of gunpowder within the limits of such town to remove the whole or any part of it at the time and to the place specified in such order; and, if he fails to do so, may cause it to be removed to any place in such town and shall have a lien upon it for all necessary expenses in removing and keeping it. Any person who refuses to remove any gunpowder in his charge, when legally requested by the fire marshal of the town in which the same is deposited or kept, or who does not deposit and keep it at the place legally designated by him, or who keeps more than fifty pounds of gunpowder in any one place, except at such place as may have been previously designated by the fire marshal for that purpose, shall be fined not more than fifty dollars.

      (1949 Rev., S. 4141.)

      History: Sec. 29-94 transferred to Sec. 29-354 in 1983.

      Sec. 29-355. (Formerly Sec. 29-95). Appeal from orders relating to explosives, blasting agents and gunpowder. If any person considers himself aggrieved by the doings of the Commissioner of Public Safety or the fire marshal under section 29-349 or 29-354, he may apply, within thirty days, to the Superior Court, which may grant appropriate relief; but nothing contained herein shall be construed to prevent the transportation of gunpowder, or its deposit for transportation during a period of not over forty-eight hours.

      (1949 Rev., S. 4142; 1971, P.A. 391, S. 5; P.A. 76-436, S. 612, 681; P.A. 77-614, S. 486, 610.)

      History: 1971 act allowed appeals for grievances resulting from actions of state police commissioner and placed thirty-day time limit for taking appeals; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-95 transferred to Sec. 29-355 in 1983.

      Sec. 29-355a. Purchase by and sale to minors of black powder or other explosives, prohibited. (a) No person, firm or corporation may sell at retail any black powder or other explosive to any person under the age of eighteen years unless such purchaser presents a valid hunting license issued pursuant to chapter 490 at the time of purchase.

      (b) No person under the age of eighteen years may purchase any black powder or other explosive unless he presents a valid hunting license issued pursuant to chapter 490.

      (c) The provisions of subsections (a) and (b) of this section shall not apply to manufactured articles when the individual units contain explosives in such limited quantity, of such nature or in such packing that it is impossible to produce a simultaneous or a destructive explosion of such units to the injury of life, limb or property by fire, friction, concussion, percussion or detonator.

      (d) Any person violating any provision of this section shall be fined not more than one thousand dollars or imprisoned not more than one year or both.

      (P.A. 90-207, S. 1.)

      Sec. 29-356. (Formerly Sec. 29-96). Definitions. As used in sections 29-356 to 29-365, inclusive:

      (1) "Fireworks" means and includes any combustible or explosive composition, or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, and includes blank cartridges, toy pistols, toy cannons, toy canes or toy guns in which explosives are used, the type of balloons which require fire underneath to propel the same, firecrackers, torpedoes, skyrockets, Roman candles, Daygo bombs, and any fireworks containing any explosive or flammable compound, or any tablets or other device containing any explosive substance, except that the term "fireworks" shall not include sparklers and fountains and toy pistols, toy canes, toy guns or other devices in which paper caps manufactured in accordance with the regulations of the United States Interstate Commerce Commission or its successor agency for packing and shipping of toy paper caps are used and toy pistol paper caps manufactured as provided therein.

      (2) "Sparklers" means a wire or stick coated with pyrotechnic composition that produces a shower of sparks upon ignition.

      (3) "Fountain" means any cardboard or heavy paper cone or cylindrical tube containing pyrotechnic mixture that upon ignition produces a shower of colored sparks or smoke. "Fountain" includes, but is not limited to, (A) a spike fountain, which provides a spike for insertion into the ground, (B) a base fountain which has a wooden or plastic base for placing on the ground, or (C) a handle fountain which is a handheld device with a wooden or cardboard handle.

      (1949 Rev., S. 4143; 1951, S. 814b-826b; 1953, S. 2006d; P.A. 96-222, S. 20, 41; P.A. 00-198, S. 1, 3; P.A. 06-177, S. 1.)

      History: Sec. 29-96 transferred to Sec. 29-356 in 1983; P.A. 96-222 inserted "or its successor agency" after "United States Interstate Commerce Commission", effective July 1, 1996; P.A. 00-198 made a technical change, effective June 1, 2000; P.A. 06-177 extended applicability of definitions to Secs. 29-356 to 29-365, designated existing definition of "fireworks" as Subdiv. (1) and redefined same to exclude sparklers and fountains, and added Subdivs. (2) and (3) defining "sparklers" and "fountain", effective June 9, 2006.

      Sec. 29-357. (Formerly Sec. 29-97). Sale, use and possession of fireworks prohibited. Sale, use and possession of certain sparklers or fountains permitted. Permits for display. Variations or exemptions. Penalty. (a) Except as provided in subsection (b) of this section, no person, firm or corporation shall offer for sale, expose for sale, sell at retail or use or explode or possess with intent to sell, use or explode any fireworks. A person who is sixteen years of age or older may offer for sale, expose for sale, sell at retail, purchase, use or possess with intent to sell or use sparklers or fountains of not more than one hundred grams of pyrotechnic mixture per item, which are nonexplosive and nonaerial, provided (1) such sparklers and fountains do not contain magnesium, except for magnalium or magnesium-aluminum alloy, (2) such sparklers and fountains containing any chlorate or perchlorate salts do not exceed five grams of composition per item, and (3) when more than one fountain is mounted on a common base, the total pyrotechnic composition does not exceed two hundred grams.

      (b) The State Fire Marshal shall adopt reasonable regulations, in accordance with chapter 54, for the granting of permits for supervised displays of fireworks or for the indoor use of pyrotechnics, sparklers and fountains for special effects by municipalities, fair associations, amusement parks, other organizations or groups of individuals or artisans in pursuit of their trade. Such permit may be issued upon application to said State Fire Marshal and after (1) inspection of the site of such display or use by the local fire marshal to determine compliance with the requirements of such regulations, (2) approval of the chiefs of the police and fire departments, or, if there is no police or fire department, of the first selectman, of the municipality wherein the display is to be held as is provided in this section, and (3) the filing of a bond by the applicant as provided in section 29-358. No such display shall be handled or fired by any person until such person has been granted a certificate of competency by the State Fire Marshal, in respect to which a fee of fifty dollars shall be payable to the State Treasurer when issued and which may be renewed every three years upon payment of a fee of thirty dollars to the State Treasurer, provided such certificate may be suspended or revoked by said marshal at any time for cause. Such certificate of competency shall attest to the fact that such operator is competent to fire a display. Such display shall be of such a character and so located, discharged or fired as in the opinion of the chiefs of the police and fire departments or such selectman, after proper inspection, will not be hazardous to property or endanger any person or persons. In an aerial bomb, no salute, report or maroon may be used that is composed of a formula of chlorate of potash, sulphur, black needle antimony and dark aluminum. Formulas that may be used in a salute, report or maroon are as follows: (A) Perchlorate of potash, black needle antimony and dark aluminum, and (B) perchlorate of potash, dark aluminum and sulphur. No high explosive such as dynamite, fulminate of mercury or other stimulator for detonating shall be used in any aerial bomb or other pyrotechnics. Application for permits shall be made in writing at least fifteen days prior to the date of display, on such notice as the State Fire Marshal by regulation prescribes, on forms furnished by him, and a fee of thirty-five dollars shall be payable to the State Treasurer with each such application. After such permit has been granted, sales, possession, use and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. Any permit issued under the provisions of this section may be suspended or revoked by the State Fire Marshal or the local fire marshal for violation by the permittee of any provision of the general statutes, any regulation or any ordinance relating to fireworks.

      (c) The State Fire Marshal may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of subsection (b) of this section where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal, secure the public safety and shall be made in writing.

      (d) Any person, firm or corporation violating the provisions of this section shall be fined not more than one hundred dollars or imprisoned not more than ninety days or be both fined and imprisoned, except that (1) any person, firm or corporation violating the provisions of subsection (a) of this section by offering for sale, exposing for sale or selling at retail or possessing with intent to sell any fireworks with a value exceeding ten thousand dollars shall be guilty of a class A misdemeanor, and (2) any person, firm or corporation violating any provision of subsection (b) of this section or any regulation adopted thereunder shall be guilty of a class A misdemeanor, except if death or injury results from any such violation, such person, firm or corporation shall be fined not more than ten thousand dollars or imprisoned not more than ten years, or both.

      (1953, 1955, S. 2007d; 1961, P.A. 193; 194; P.A. 76-30, S. 4, 6; P.A. 80-297, S. 13, 20; P.A. 82-344, S. 2, 3; P.A. 84-228, S. 1; P.A. 91-196, S. 3, 4; May Sp. Sess. P.A. 92-6, S. 67, 117; P.A. 99-24, S. 1; P.A. 00-198, S. 2, 3; P.A. 03-231, S. 7; P.A. 06-177, S. 2.)

      History: 1961 acts added requirement for certificate of competency issued by state fire marshal in lieu of approval of person handling display by local authorities and prohibited use of salute, report or maroon composed of formula of chlorate of potash, sulphur, black needle antimony and dark aluminum in aerial bombs, specified formulas that could be used and prohibited use of high explosives in aerial bombs or pyrotechnics; P.A. 76-30 required that permit application be made at least fifteen days before date of display; P.A. 80-297 imposed twenty-five-dollar fee for certificate of competency to be renewed every three years upon payment of ten dollar renewal fee and imposed twenty-five-dollar fee for display permit; P.A. 82-344 permitted state fire marshal to adopt regulations for the granting of permits for the indoor use of pyrotechnics for special effects and for artisans in pursuit of their trade; Sec. 29-97 transferred to Sec. 29-357 in 1983; P.A. 84-228 inserted Subsec. indicators, replaced "keep" with "possess", and added Subsec. (c) incorporating penalties for violation of the section formerly set forth in Sec. 29-366 and making the penalty for the sale or possession with intent to sell of fireworks with a value exceeding ten thousand dollars a class A misdemeanor; P.A. 91-196 added a new Subsec. (c), permitting state fire marshal to grant variations or exemptions from, or approve alternate compliance with, provisions of regulations issued under Subsec. (b), and relettered remaining Subsec. accordingly; May Sp. Sess. P.A. 92-6 amended Subsec. (b) to increase the fee for certificate of competency from twenty-five to fifty dollars, for renewal from ten to thirty dollars and for an application for permits from twenty-five to thirty-five dollars; P.A. 99-24 provided for inspection of the site by the local fire marshal, allowed suspension of certificate of competency by the State Fire Marshal and permitted revocation or suspension of the permit by the State Fire Marshal or local fire marshal; P.A. 00-198 amended Subsec. (a) by adding exception re sparklers, effective June 1, 2000; P.A. 03-231 amended Subsec. (b) to make a technical change and amended Subsec. (d) to designate existing exception as Subdiv. (1) and add new Subdiv. (2) to provide that any person, firm or corporation violating Subsec. (b) or any regulation adopted thereunder shall be guilty of a class A misdemeanor, except if death or injury results from such violation, such person, firm or corporation shall be fined a maximum of ten thousand dollars or imprisoned a maximum of ten years, or both, effective July 9, 2003; P.A. 06-177 amended Subsec. (a) to delete reference to Sec. 29-356, add references to "fountains" and add new Subdivs. (1) to (3) re requirements for sparklers and fountains, and amended Subsec. (b) to add "sparklers and fountains" in provision re permits for displays, effective June 9, 2006.

      Annotation to former section 29-97:

      Cited. 2 CA 680.

      Annotations to present section:

      Cited. 2 CA 680.

      Subsec. (a):

      Cited. 221 C. 788.

      Sec. 29-358. (Formerly Sec. 29-98). Bond. The chief executive authority of the municipality shall require a bond of one thousand dollars from the applicant for such permit conditioned on compliance with the provisions of section 29-357, provided no municipality shall be required to file such bond.

      (1953, S. 1518c; 1955, S. 2008d.)

      History: Sec. 29-98 transferred to Sec. 29-358 in 1983.

      Sec. 29-359. (Formerly Sec. 29-99). Financial responsibility, liability insurance policy. (a) Before any person, firm or corporation or any agent or employee thereof may conduct a fireworks display or use pyrotechnics for indoor special effects, such person, firm or corporation shall furnish proof of financial responsibility to satisfy claims for damages on account of any physical injury or property damage which may be suffered by any person by reason of any act or omission on the part of such person, firm or corporation, any agent or employee thereof, any independent contractor firing the display or using such pyrotechnics, any fair or exposition association, any sponsoring organization or committee, any owner or lessee of any premises used by the named insured and any public authority granting a permit to the named insured, in the form of a liability insurance policy evidenced by a certificate of insurance filed with the Insurance Commissioner at least fifteen days prior to the date of display or use and acceptable to the commissioner. Such policy shall cover public liability arising out of the operation of the fireworks display or from the use of pyrotechnics for special effects in the minimum amount of one million dollars per accident for bodily injury and property damage, and shall not limit coverage within the applicable statutory period of covered liability. The insurer issuing such policy shall agree in writing to deliver to the Insurance Commissioner not less than ten days' written notice of any cancellation of such insurance which is to become effective prior to the termination of the display or use.

      (b) The Commissioner of Public Safety shall adopt regulations in accordance with the provisions of chapter 54 defining the term "pyrotechnics" for purposes of subsection (a) of this section.

      (1955, S. 2009d; P.A. 73-484, S. 1, 2; P.A. 75-382, S. 1, 4; P.A. 76-30, S. 5, 6; P.A. 77-614, S. 163, 610; P.A. 79-317, S. 1, 2; P.A. 80-482, S. 185, 348; P.A. 85-8.)

      History: P.A. 73-484 rephrased provisions to specify that proof of financial responsibility is to be a liability insurance policy without exception and set forth required minimum coverages; P.A. 75-382 increased minimum coverage: Per person, from fifty thousand to one hundred thousand dollars, per accident for bodily injury from three hundred thousand to one million dollars and per accident for property damage from fifty thousand to one hundred thousand dollars; P.A. 76-30 required that certificate of insurance be filed with insurance commissioner at least fifteen days before date of display; P.A. 77-614 placed insurance commissioner within the department of business regulation and made insurance department a division within the department of business regulation, effective January 1, 1979; P.A. 79-317 made provisions applicable to independent contractors who fire displays, fair or exposition associations, sponsors, owners or lessees of premises used and public authorities who grant permits, deleted per person minimum coverage requirement and included property damage under per accident coverage requirement previously applicable only to bodily injury, specifying that policy "shall not limit coverage within the applicable statutory period of covered liability"; P.A. 80-482 deleted reference to abolished department of business regulation, restoring insurance division as an independent department; Sec. 29-99 transferred to Sec. 29-359 in 1983; P.A. 85-8 (1) required persons using pyrotechnics for indoor special effects to furnish proof of financial responsibility in the form of a liability insurance policy prior to use and (2) added Subsec. (b) requiring public safety commissioner to adopt regulations defining "pyrotechnics".

      Sec. 29-360. (Formerly Sec. 29-100). Permit for nonresident. No permit shall be issued under the provisions of section 29-357 to a nonresident person, firm or corporation conducting a fireworks display in this state until such person, firm or corporation has appointed in writing the Secretary of the State and his successors in office to be his attorney upon whom all process in any action or proceeding against him may be served; and in such writing such person, firm or corporation shall agree that any process against such person, firm or corporation which is served on said secretary shall be of the same legal force and validity as if served on the person, firm or corporation, and that such appointment shall continue in force as long as any liability remains outstanding against such person, firm or corporation in this state. Such written appointment shall be acknowledged before some officer authorized to take acknowledgments of deeds and shall be filed in the office of said secretary. Copies certified by him shall be sufficient evidence of such appointment and agreement. Service upon said attorney shall be sufficient service upon the principal, and shall be made by leaving an attested copy of the process with the Secretary of the State at his office, or with any clerk having charge of the Corporations Division of said office. When legal process against any person, firm or corporation is served upon the Secretary of the State under this section, he shall immediately notify such person, firm or corporation by mail and shall, within two days after such service, forward in the same manner a copy of the process served on him to such person, firm or corporation or to any person designated in writing by such person, firm or corporation. The plaintiff in the process so served shall pay to the secretary, at the time of service, a fee of one and one-half dollars for each page, and in no case less than five dollars, which shall be recovered by him as part of his taxable costs if he prevails in such suit. The secretary shall keep a record of all process served upon him, which record shall show the date and the hour when such service was made.

      (1955, S. 2010d; 1961, P.A. 517, S. 81.)

      History: 1961 act raised per page fee from seventy-five cents to one and one-half dollars and minimum charge from two to five dollars; Sec. 29-100 transferred to Sec. 29-360 in 1983.

      Sec. 29-361. (Formerly Sec. 29-101). Exceptions. Nothing in sections 29-356 to 29-366, inclusive, shall be construed to prohibit the sale by any resident manufacturer, wholesaler, dealer or jobber, at wholesale, of such fireworks as are not herein prohibited, or the sale of any kind of fireworks, provided the same are to be shipped directly out of state, in accordance with United States Department of Transportation regulations covering the transportation of explosives and other dangerous articles by motor, rail and water; or the possession, sale or use of signals necessary for the safe operation of railroads or other classes of public or private transportation, or of illuminating devices for photographic use, or of illuminating torches for parades or ceremonial events, nor shall the provisions of said sections apply to the military or naval forces of the United States or the armed forces of this state, or to peace officers in the performance of their official duties, nor prohibit the sale or use of blank cartridges for ceremonial, theatrical or athletic events or for training dogs, or the use of fireworks solely for agricultural purposes under conditions approved by the local or State Fire Marshal.

      (1953, 1955, S. 2011d; P.A. 94-188, S. 15.)

      History: Sec. 29-101 transferred to Sec. 29-361 in 1983; P.A. 94-188 deleted "Interstate Commerce Commission" and inserted "Department of Transportation" in lieu thereof and added "in the performance of their official duties" after "peace officers".

      Sec. 29-362. (Formerly Sec. 29-102). Seizures. The State Fire Marshal or a local fire marshal shall seize, take, store, remove or cause to be removed, at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, held or kept in violation of sections 29-356 to 29-366, inclusive. When any fireworks have been seized, the superior court having jurisdiction, within forty-eight hours after such seizure, shall cause to be left at the place where such fireworks were seized, if such place is a dwelling house, store, shop or other building, and also to be left with or at the usual place of abode of the person named therein as the owner or keeper of such fireworks, a summons notifying him or her and all others whom it may concern to appear before such court, at a place and time named in such notice, which time shall be not less than six nor more than twelve days after the posting and service thereof, then and there to show cause, if any, why such fireworks should not be adjudged a nuisance. Such summons shall describe such articles with reasonable certainty, and state when and where the same were seized. If any person named in such summons or any person claiming any interest in the same appears, he or she shall be made a party defendant in such case. The informing officer or the complainants may appear and prosecute such complaint and, if the court finds the allegations of such complaint to be true and that such fireworks or any of them have been kept in violation of any provision of sections 29-356 to 29-366, inclusive, judgment shall be rendered that such articles are a nuisance, and execution shall issue that the same be destroyed together with the crates, boxes or vessels containing the same.

      (1953, 1955, S. 2012d; 1959, P.A. 28, S. 63; 1971, P.A. 139; P.A. 74-183, S. 262, 291; P.A. 76-436, S. 225, 681; P.A. 03-231, S. 6.)

      History: 1959 act changed jurisdiction from trial justices and municipal courts to circuit court; 1971 act deleted requirement that notice of seizure be posted "upon the public signpost of the town wherein such fireworks were seized"; P.A. 74-183 replaced circuit court with court of common pleas; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 29-102 transferred to Sec. 29-362 in 1983; P.A. 03-231 required local fire marshal to seize, store or remove all fireworks or combustibles offered or exposed for sale, stored, held or kept in violation of Secs. 29-356 to 29-366, inclusive, and made technical changes for the purpose of gender neutrality, effective July 9, 2003.

      Sec. 29-363. (Formerly Sec. 29-103). Expense of transportation and storage of seized fireworks. In any proceeding under section 29-362, if the judgment is against one defendant only, he shall pay the expense of the transportation and storage incurred in the seizure and detention of the fireworks claimed by him; but if the judgment is against more than one defendant, claiming distinct interests in such fireworks, such expense shall be apportioned among them by the court, and execution on such judgment may be issued against the accused. If judgment is rendered that such fireworks do not constitute a nuisance, the court shall issue a warrant to some proper officer, directing him to restore such fireworks, with the containers thereof, to the place where they were seized, as nearly as possible, or to the person entitled to receive them. All such proceedings shall be proceedings in rem and may be issued and served at any time and shall be conducted as civil actions, and the defendant shall have the same right of appeal.

      (1955, S. 2013d.)

      History: Sec. 29-103 transferred to Sec. 29-363 in 1983.

      Sec. 29-364. (Formerly Sec. 29-104). Licenses. Denial, suspension or revocation. No person, firm or corporation may engage in the business of manufacturer, wholesaler, dealer or jobber of fireworks, under the provisions of section 29-361, until such manufacturer, wholesaler, dealer or jobber has received a license therefor for each location where the business is to be conducted. All licenses shall be issued upon receipt of the application therefor upon license forms provided by the State Fire Marshal, which forms shall include such information as said marshal requires. The State Fire Marshal shall prescribe the number of copies of each license form to be executed and the distribution of such copies. No license shall be issued until the location has been inspected by the licensing authority and unless reasonable precautions have been taken to eliminate hazards to life and property. All licenses issued under the provisions of this section shall be used only by the person, firm or corporation to whom they are issued and shall not be transferable. The State Fire Marshal may refuse to issue such a license if the State Fire Marshal determines that the applicant has previously been convicted of a felony or misdemeanor as a result of a violation of any provision of state or federal law relating to the use, transport, sale, manufacture, storage or possession of explosives, fireworks, explosive devices, illegal drugs or controlled substances. Any license issued under the provisions of this section may be suspended or revoked by the licensing authority, after notice and opportunity for hearing, for any violation by the licensee of any provision of the general statutes or any regulation or ordinance relating to fireworks or conviction of such licensee of any felony or misdemeanor as a result of a violation of any provision of state or federal law relating to the use, transport, sale, manufacture, storage, or possession of explosives, fireworks, explosive devices, illegal drugs or controlled substances.

      (1955, S. 2014d; P.A. 99-24, S. 2.)

      History: Sec. 29-104 transferred to Sec. 29-364 in 1983; P.A. 99-24 added provisions for denial, suspension or revocation of license.

      Sec. 29-365. (Formerly Sec. 29-105). License fees. The fee to be paid to the licensing authority upon each application shall be as follows: For a fireworks manufacturing license, one hundred dollars; for a dealer, wholesaler and jobber, fifty dollars. Fees collected by the State Fire Marshal shall be paid to the State Treasurer.

      (1955, S. 2015d.)

      History: Sec. 29-105 transferred to Sec. 29-365 in 1983.

      Sec. 29-366. (Formerly Sec. 29-106). Penalty. Any person, firm or corporation violating the provisions of sections 29-358 to 29-365, inclusive, shall be fined not more than one hundred dollars or imprisoned not more than ninety days or be both fined and imprisoned.

      (1953, S. 2016d; P.A. 84-228, S. 2.)

      History: Sec. 29-106 transferred to Sec. 29-366 in 1983; P.A. 84-228 replaced reference to Sec. 29-356 with Sec. 29-358 to reflect incorporation of separate penalty provisions in Sec. 29-356.

      Sec. 29-367. (Formerly Sec. 29-106q). Regulation of model rocketry. (a) The Commissioner of Public Safety shall make and enforce, and may amend, reasonable regulations concerning the safe design, construction, manufacture, testing, certification, storage, sale, shipping, operation and launching of rockets propelled by rocket motors, including, but not limited to, solid, liquid and cold propellant, hybrid, steam or pressurized liquid rocket motors. In adopting such regulations, said commissioner may be guided by recognized national standards for the prevention of injury to life and damage to property and protection of hazards incident to the design, construction, manufacture, testing, storage, sale, shipping, operation and launching of such rockets.

      (b) Such regulations shall not apply to (1) the design, construction, production, fabrication, manufacture, maintenance, launching, flight, test, operation, use of, or any activity in connection with a rocket or rocket motor when carried on by or engaged in by the government of the United States or any state government, any college, university or other institution of higher learning, any individual, firm, partnership, joint venture, corporation, or other business entity engaged in research, development, production, test, maintenance, or supply of rockets, rocket motors, rocket propellants, or rocket components as a business under contract to or for the purposes of sale to any government, college, university, institution of higher learning, or other similarly engaged business entity; or (2) the design, construction, production, fabrication, manufacture, maintenance, launching, flight, test, operation, use of, or any activity in connection with rocket-propelled model aircraft which sustain themselves against gravity by aerodynamic lifting surfaces during the entire duration of their flight in the air, or to the rocket motors that provide propulsion therefor.

      (1969, P.A. 781, S. 1; P.A. 73-13, S. 1, 3; P.A. 76-247, S. 1, 3; P.A. 77-614, S. 486, 610.)

      History: P.A. 73-13 transferred regulation power from commissioner of state police to commissioner of consumer protection; P.A. 76-247 restored transferred power to commissioner of state police; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-106q transferred to Sec. 29-367 in 1983.

      See chapter 54 re uniform administrative procedure.

      Sec. 29-368. (Formerly Sec. 29-106r). Variations and exemptions. The Commissioner of Public Safety may grant variations or exemptions from, or approve equivalent or alternate compliance with, particular provisions of any regulation issued under the provisions of section 29-367 where strict compliance with such provisions would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided any such variation, exemption, approved equivalent or alternate compliance shall, in the opinion of said commissioner, secure the public safety.

      (1969, P.A. 781, S. 2; P.A. 73-13, S. 2, 3; P.A. 76-247, S. 2, 3; P.A. 77-614, S. 486, 610.)

      History: P.A. 73-13 transferred powers of commissioner of state police to commissioner of consumer protection; P.A. 76-247 restored transferred powers to commissioner of state police; P.A. 77-614 replaced commissioner of state police with commissioner of public safety, effective January 1, 1979; Sec. 29-106r transferred to Sec. 29-368 in 1983.

      Sec. 29-369. (Formerly Sec. 29-106s). Appeal. Any person aggrieved by any such regulation or any act of said commissioner in enforcing the same may apply for relief to the superior court for the judicial district of Hartford or for the judicial district in which such person resides, or if such court is not in session, to any judge thereof, which court or judge may grant appropriate relief.

      (1969, P.A. 781, S. 3; P.A. 74-183, S. 263, 291; P.A. 76-436, S. 226, 681; P.A. 78-280, S, 1, 5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; P.A. 95-220, S. 4-6.)

      History: P.A. 74-183 added reference to judicial districts; P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 78-280 deleted general reference to counties and substituted "judicial district of Hartford-New Britain" for "Hartford county"; Sec. 29-106s transferred to Sec. 29-369 in 1983; P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September 1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998, effective July 1, 1995.

      Sec. 29-370. (Formerly Sec. 29-106t). Penalty. Any person who, by himself or his employee or agent, or as the employee or agent of another, violates or fails to comply with any regulation promulgated under section 29-367, shall be fined not more than five hundred dollars or imprisoned not more than one year or both.

      (1969, P.A. 781, S. 4.)

      History: Sec. 29-106t transferred to Sec. 29-370 in 1983.

      Secs. 29-371 to 29-380. Reserved for future use.

PART III
SAFETY OF PUBLIC AND OTHER BUILDINGS

      Sec. 29-381. (Formerly Sec. 19-376). Public safety in assembly halls, theaters and buildings used for public gatherings. Public announcement re emergency exits. Penalty. (a) No owner, proprietor, manager or agent of any theater, concert or music hall or assembly hall or of any building, auditorium or room used for public gatherings shall permit any person to occupy any aisle in any such theater, concert or music hall, assembly hall or other building used for such purpose, or permit any person to occupy the back or sides of any such building or room used for such purpose, to such an extent as to prevent the free and unobstructed passage to and from the entrance to any aisle or any of the exits in such place. The provisions of this subsection shall not apply to town halls which are on the ground floor.

      (b) Before any performance or event at any theater, concert or music hall or assembly hall or at any building, auditorium or room used for public gatherings of more than one hundred persons, the owner, proprietor, manager or agent of such theater, hall, building, auditorium or room shall make a public announcement that describes the location of emergency exits.

      (c) Any person who violates any provision of subsection (a) or (b) of this section shall be fined not more than fifty dollars.

      (1949 Rev., S. 4085; P.A. 03-231, S. 2; P.A. 04-257, S. 47.)

      History: Sec. 19-376 transferred to Sec. 29-381 in 1983; P.A. 03-231 designated existing provisions as Subsecs. (a) and (c) and added new Subsec. (b) requiring a public announcement that describes the location of emergency exits before any performance or event, effective July 9, 2003; P.A. 04-257 made technical changes in Subsecs. (a) and (c), effective June 14, 2004.

      Sec. 29-381a. Sufficiency of main entrances in places of public assembly. Variations or exemptions. Appeal. (a) Each place of public assembly, as defined in the State Fire Safety Code, constructed under a building permit application filed on or after June 8, 2004, or renovated under a building permit application filed on or after said date to increase capacity or change its occupancy, as defined in the State Building Code, that has a single main entrance shall have such main entrance sufficient to allow the emergency exit of two-thirds of the capacity of such place of assembly.

      (b) The State Fire Marshal or the State Building Inspector may grant variations or exemptions from, or approve equivalent or alternate compliance with, the requirement in subsection (a) of this section where strict compliance with such requirement would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided the intent of the provisions of subsection (a) of this section shall be observed and public welfare and safety be assured. Any such determination by the State Fire Marshal or the State Building Inspector shall be in writing. Any person aggrieved by any decision of the State Fire Marshal or 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 place of assembly concerned is located.

      (P.A. 03-231, S. 3; P.A. 04-237, S. 8.)

      History: P.A. 03-231 effective July 9, 2003; P.A. 04-237 designated existing provisions as Subsec. (a) and amended same to require each place of public assembly constructed under building permit application filed on or after June 8, 2004, or renovated under building permit application filed on or after said date that has a single main entrance to have such entrance sufficient to allow emergency exit of two-thirds of capacity, and added Subsec. (b) authorizing State Fire Marshal or State Building Inspector to grant variations or exemptions from or approve equivalent or alternate compliance with requirement in Subsec. (a), requiring any determination by such official to be in writing and authorizing appeal to Codes and Standards Committee and to superior court, effective June 8, 2004.

      Secs. 29-382 to 29-388. (Formerly Secs. 19-377, 19-379, 19-381 to 19-383, 19-384a and 19-385a). Local authorities to require safe exits. Examination by local authorities. Order; appeal. Fastening of doors in school houses. Fire alarms in school houses. Penalties. Stairways and fire escapes for school houses. Condemnation of nonconforming building. Sections 29-382 to 29-388, inclusive, are repealed.

      (1949 Rev., S. 4086, 4088, 4090-4092; 1957, P.A. 13, S. 85; 516, S. 10, 12; 1959, P.A. 662, S. 1, 2; February, 1965, P.A. 574, S. 28; 1971, P.A. 802, S. 2, 3; P.A. 74-183, S. 232, 291; P.A. 76-436, S. 201, 681; P.A. 78-280, S. 1, 127; P.A. 85-4; 85-9; 85-34, S. 2; P.A. 88-356, S. 5.)

      Sec. 29-389. (Formerly Sec. 19-386). Stairways and fire escapes on certain buildings. Section 29-389 is repealed, effective October 1, 2002.

      (1949 Rev., S. 4096; 1957, P.A. 516, S. 15; 1959, P.A. 506, S. 1; 1971, P.A. 802, S. 4; P.A. 02-89, S. 90.)

      Sec. 29-390. (Formerly Sec. 19-387a). Egress from workshops and manufactories. Each floor of a building, including basements, used in whole or in part as a workshop or manufactory shall be provided with not less than two remote means of egress and each floor of any such building above the first shall be provided with not less than two remote means of egress by stairways on the inside or fire escapes on the outside of such building. A ladder affixed to any of the premises herein described shall not be considered a fire escape within the meaning of this section. Fire escapes shall not be provided as a means of egress on buildings constructed after October 1, 1967. The Labor Commissioner shall have power to enforce the provisions of this section and the laws pertaining to the prevention of fires, so far as the same may concern workshops and manufactories, and may order fire escapes erected thereon as required herein. Such stairways and fire escapes and passageways providing access thereto shall be constructed, designed, located and maintained so as to provide for the safety of the occupants at all times when the building is occupied. Any municipality may, by ordinance, provide for the additional inspection of such workshops and manufactories by the local fire marshal. Requirements for a second means of egress may be waived, when, in the opinion of the Labor Commissioner, after giving consideration to the number of occupants, the area involved and travel distance to a direct exit to the street or to an open area outside of the building at grade level, reasonable safety is assured without a second means of egress. Any owner, agent or lessee who fails to comply with such order shall be fined not more than five hundred dollars or imprisoned not more than six months or both.

      (1959, P.A. 506, S. 2; 1967, P.A. 441; P.A. 83-168, S. 2.)

      History: 1967 act added provision re waiver of second means of egress, provided fire escapes not be a means of egress for buildings constructed after October 1, 1967, included basement in egress requirement and excluded previous requirement of employment of six persons above the first floor before section applied; Sec. 19-387a transferred to Sec. 29-390 in 1983; P.A. 83-168 added sentence providing for municipal inspection.

      Annotations to former section 19-387a:

      Former statute cited. 115 C. 439.

      Former statute cited. 7 CS 318.

      Annotations to present section:

      Cited. 243 C. 66.

      Cited. 33 CA 422.

      Sec. 29-391. (Formerly Sec. 19-389). Liability of owner of building. In any case in which any person suffers injury or in which the death of any person ensues in consequence of the failure of the owner of any building to provide the same with fire escapes or stairways as required by the provisions of section 29-390 or in consequence of the failure of such owner to comply with any order of the Labor Commissioner, made in conformity to the provisions thereof, such owner shall be liable to any person so injured for damages for such injury; and, in case of death, such owner shall be liable in damages for the injury caused by the death of such person. It shall be no defense to any action for the recovery of such damages that the person injured or whose death ensued as aforesaid had knowledge that such building was not provided with fire escapes or stairways as required by said section or that such person continued to work in or to occupy such building with such knowledge. The owner of any building or, if such owner is non compos mentis or a minor, the guardian of such owner or, if such owner is a nonresident, the agent of such owner having charge of such property who fails to comply with the provisions of section 29-390 shall be fined not less than one hundred dollars nor more than five hundred dollars or imprisoned not more than three months or be both fined and imprisoned.

      (1949 Rev., S. 4099; P.A. 02-89, S. 70.)

      History: Sec. 19-389 transferred to Sec. 29-391 in 1983; P.A. 02-89 deleted references to Sec. 29-389, reflecting the repeal of said section by the same public act (Revisor's note: A reference to "said sections" was changed editorially by the Revisors to "said section" to reflect the deletion of references to Sec. 29-389).

      Annotations to former section 19-389:

      Exercise of control of fire escape by owner considered. 115 C. 440.

      Owner not liable under this section unless he is aware that the building is being put to use described in section 19-386 (29-389). 7 CS 154. Building inspector not liable for failure to perform his duty. Id., 318.

      Annotations to present section:

      Cited. 229 C. 901. Cited. 231 C. 367.

      Cited. 33 CA 422.

      Sec. 29-392. (Formerly Sec. 19-390). Fire Safety Code. New construction to conform. Section 29-392 is repealed.

      (1957, P.A. 516, S. 18; P.A. 88-356, S. 5.)

      Sec. 29-393. (Formerly Sec. 19-391). Building inspectors; duties, right of entry. On receipt of information from the local fire marshal or from any other authentic source that any building in his jurisdiction, due to lack of exit facilities, fire, deterioration, catastrophe or other cause, is in such condition as to be a hazard to any person or persons, the building inspector shall immediately make an inspection by himself or by his assistant, and may make orders for additional exit facilities or the repair or alteration of the building if the same is susceptible to repair or both or for the removal of such building or any portion thereof if any such order is necessary in the interests of public safety. In all cities, boroughs or towns not having a building inspector the mayor of the city, the warden of the borough or the first selectman of the town shall, by himself or by an assistant, exercise the powers and perform the duties of a building inspector as prescribed in this section. Any building inspector, and any person performing said duties, shall have the right of entry into all buildings for the performance of his duties between the hours of nine o'clock a.m. and five o'clock p.m., in the interests of public safety.

      (1949 Rev., S. 4101.)

      History: Sec. 19-391 transferred to Sec. 29-393 in 1983.

      Annotations to former section 19-391:

      Provision in municipal building code which prohibited the repair of any building of nonfireproof construction within the inner fire limits of the city after it had been damaged to the extent of fifty per cent of the cost of replacing the original building, held a valid exercise of power delegated to city. 147 C. 602.

      No action lies against fire marshal for failure to inspect. 7 CS 318.

      Annotation to present section:

      Cited. 18 CA 40.

      Sec. 29-394. (Formerly Sec. 19-392). Penalty. Any person who, by himself or his agent, fails to comply with the written order of a building inspector, or the mayor of a city, the warden of a borough or the first selectman of a town not having a building inspector, for the provision of additional exit facilities in a building, the repair or alteration of a building or the removal of a building or any portion thereof, shall be fined not more than five hundred dollars or imprisoned not more than six months.

      (1949 Rev., S. 4102.)

      History: Sec. 19-392 transferred to Sec. 29-394 in 1983.

      Cited. 18 CA 40.

      Sec. 29-395. (Formerly Sec. 19-394f). Penalty. Section 29-395 is repealed.

      (1959, P.A. 386, S. 5; P.A. 85-305.)

      Sec. 29-396. Required inspection of electric conductors and equipment prior to resumption of electric service in unoccupied buildings. If an owner of a building or portion of a building that has been unoccupied and disconnected from the electric distribution system for a period of six months or longer wishes to resume delivery of electricity to such building or portion of such building, the owner shall contract with an electrician licensed pursuant to chapter 393, at the expense of the owner of such building, to inspect the electric conductors and equipment up to and including the main device to disconnect electric power to such building. The electrician shall provide written notice to the electric distribution company, as defined in section 16-1, authorized to provide electric distribution services to the service area in which such building is located that such equipment is electrically safe and does not constitute a public safety hazard. Upon receipt of the written notice, the electric distribution company shall promptly resume delivery of electricity to such building or portion of such building.

      (P.A. 03-214, S. 1.)

      Secs. 29-397 to 29-400. Reserved for future use.

PART IV*
STATE DEMOLITION CODE

      Sec. 29-401. (Formerly Sec. 19-403b). Regulations. The Commissioner of Public Safety shall adopt such regulations in accordance with the provisions of chapter 54 as may be necessary for the administration of this part, including but not necessarily limited to, working definitions of such terms as "demolition", "building", "structure" and the like. Such regulations shall be designed for, and limited to, the carrying into effect of the intent and purpose of this part for public safety.

      (February, 1965, P.A. 551, S. 2; P.A. 79-222, S. 2; P.A. 82-451, S. 2, 9.)

      History: P.A. 79-222 made commissioner of public safety rather than commission primarily responsible for regulations, relegating commission to advisory role; P.A. 82-451 deleted reference to commission on demolition's advisory role in adoption of regulations and specified that regulations must be in accordance with Ch. 54; Sec. 19-403b transferred to Sec. 29-401 in 1983.

      Sec. 29-402. (Formerly Sec. 19-403c). Certificate of registration for demolition business; fees. Definition of registration. Exemptions. (a) No person shall engage in the business of demolition of buildings without a certificate of registration obtained from the Department of Public Safety. An applicant for initial registration shall file an application with the Department of Public Safety, furnish evidence of expertise and financial responsibility and pay a fee of three hundred dollars for a class B certificate and seven hundred fifty dollars for a class A certificate. Each certificate shall be valid for twelve months from date of issuance and shall be renewable on application of the registrant upon payment of an annual fee of two hundred dollars for a class B certificate and six hundred dollars for a class A certificate. The department may refuse to issue any such certificate for cause, and may revoke or refuse to renew any such certificate for failure to carry out and conform to the provisions of this part or to any regulations adopted hereunder, or for any violation of title 22a. No person shall be refused a certificate or a renewal thereof, and no certificate shall be revoked, without an opportunity for a hearing conducted by the Department of Public Safety.

      (b) As used in this part, the term "registration" includes the whole or part of any permit which the Department of Public Safety issues under authority of the general statutes and which (1) requires persons to place their names on a list maintained by the department before they can engage in the business of demolition of buildings, (2) does not require a person to demonstrate competence by examination or other means and (3) may be revoked or suspended by the department for cause.

      (c) The provisions of this section shall not apply to (1) a person who is engaged in the disassembling, transportation and reconstruction of historic buildings for historical purposes or in the demolition of farm buildings or in the renovation, alteration or reconstruction of a single-family residence, (2) the removal of underground petroleum storage tanks, (3) the burning of a building or structure as part of an organized fire department training exercise, or (4) the demolition of a single-family residence or out building by an owner of such structure if it does not exceed a height of thirty feet, provided (A) the owner shall be present on site while such demolition work is in progress and shall be held personally liable for any injury to individuals or damage to public or private property caused by such demolition, and (B) such demolition shall be permitted only with respect to buildings which have clearance from other structures, roads or highways equal to or greater than the height of the structure subject to demolition. The local building official may require additional clearance when deemed necessary for safety.

      (February, 1965, P.A. 551, S. 3; P.A. 73-491; P.A. 77-177, S. 1; P.A. 78-288, S. 1; P.A. 80-297, S. 4, 20; P.A. 82-451, S. 3, 9; P.A. 87-263, S. 1; P.A. 92-249, S. 6; May Sp. Sess. P.A. 92-6, S. 68, 117; P.A. 04-150, S. 6; P.A. 05-288, S. 197.)

      History: P.A. 73-491 required application for license to be filed with commission on demolition and set fees for Class A and B licenses; P.A. 77-177 exempted persons engaged in disassembling, transportation and reassembly of historical building for historical purposes from provisions; P.A. 78-288 exempted persons engaged in farm building demolition or in renovation, alteration or reconstruction of single-family residences; P.A. 80-297 increased fee for Class A license from three hundred to five hundred dollars and for Class B license from one hundred to two hundred dollars; P.A. 82-451 transferred powers of state commission on demolition to department of public safety, changed "license" to "certificate of registration" and defined "registration" in new Subsec. (b); Sec. 19-403c transferred to Sec. 29-402 in 1983; P.A. 87-263 amended Subsec. (a) to (1) require applicants for initial registration to furnish evidence of expertise and financial responsibility, and (2) delete the exemption, and added Subsec. (c), restating and expanding the exemption formerly in Subsec. (a); P.A. 92-249 added violations of title 22a as grounds for revocation of certificates under this section; May Sp. Sess. P.A. 92-6 amended Subsec. (a) to increase the fee (1) for class B certificate from two hundred to three hundred dollars and from one hundred to two hundred dollars for a renewal and (2) for a class A certificate from five hundred to seven hundred fifty dollars and from three hundred to six hundred dollars for a renewal; P.A. 04-150 amended Subsec. (c) to add new Subdivs. (2) and (3) exempting the removal of underground petroleum storage tanks and the burning of a building or structure as part of an organized fire department training exercise and to redesignate existing Subdiv. (2) as Subdiv. (4); P.A. 05-288 made technical changes in Subsec. (c), effective July 13, 2005.

      Sec. 29-403. (Formerly Sec. 19-403d). Appeal from decision of department. Any person aggrieved by a decision of the Department of Public Safety refusing to grant or renew or revoking any such certificate of registration may appeal therefrom in accordance with the provisions of section 4-183. Such appeal shall be privileged in assignment for trial.

      (February, 1965, P.A. 551, S. 4; P.A. 76-436, S. 392, 681; P.A. 77-603, S. 53, 125; P.A. 82-451, S. 4, 9.)

      History: P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous provisions with statement that appeals be made in accordance with Sec. 4-183 but retained provision re privileged assignment for trial; P.A. 82-451 changed "commission", i.e. commission on demolition, to "department of public safety" and "license" to "certificate of registration"; Sec. 19-403d transferred to Sec. 29-403 in 1983.

      Sec. 29-404. (Formerly Sec. 19-403e). Local building official to administer State Demolition Code. The local building official shall administer sections 29-406 to 29-413, inclusive. Each such official shall have experience in building demolition, construction or structural engineering, shall be generally informed on demolition practices and requirements and on the equipment necessary for the safety of persons engaged in demolition and the public and shall have a thorough knowledge of statutes and regulations of the department concerning demolition. Such official shall pass upon any question relative to the manner of demolition or materials or equipment to be used in the demolition of buildings or structures.

      (February, 1965, P.A. 551, S. 5; P.A. 73-595, S. 1; P.A. 87-263, S. 2.)

      History: P.A. 73-595 included cities and boroughs and added provision re appointed officers serving cities within towns; Sec. 19-403e transferred to Sec. 29-404 in 1983; P.A. 87-263 required local building officials to administer state demolition code and have experience in construction or structural engineering and thorough knowledge of statutes and regulations concerning demolition and deleted provision specifying town-appointed officer as administrating officer for city within the town unless city appoints its own officer.

      Cited. 211 C. 690.

      Cited. 18 CA 40.

      Sec. 29-405. (Formerly Sec. 19-403f). Appeal from decision of local building official. Any person aggrieved by any order or decision of a building official may, within ten days of such order or decision, appeal therefrom to the superior court for the judicial district wherein such person resides, and such appeal shall be a privileged matter to be heard by the court as soon after the return day as is practicable.

      (February, 1965, P.A. 551, S. 6; P.A. 76-436, S. 393, 681; P.A. 77-452, S. 12, 72; P.A. 78-280, S. 1, 127; P.A. 87-263, S. 3.)

      History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; P.A. 77-452 added reference to judicial districts; P.A. 78-280 deleted reference to counties; Sec. 19-403f transferred to Sec. 29-405 in 1983; P.A. 87-263 substituted "building official" for "administrative officer".

      Cited. 18 CA 40.

      Sec. 29-406. (Formerly Sec. 19-403g). Permit for demolition of particular structure. Exemption. Waiting period. (a) No person shall demolish any building, structure or part thereof without obtaining a permit for the particular demolition undertaking from the building official of the town, city or borough wherein such building or part thereof is located. No person shall be eligible to receive a permit under this section unless he furnishes to the building official written evidence (1) of financial responsibility in the form of a certificate of insurance specifying demolition purposes and providing liability coverage for bodily injury of at least one hundred thousand dollars per person with an aggregate of at least three hundred thousand dollars, and for property damage of at least fifty thousand dollars per accident with an aggregate of at least one hundred thousand dollars; each such certificate shall provide that the town or city and its agents shall be saved harmless from any claim or claims arising out of the negligence of the applicant or his agents or employees in the course of the demolition operations; (2) in the form of a certificate of notice executed by all public utilities having service connections within the premises proposed to be demolished, stating that such utilities have severed such connections and service, and (3) that he is the holder of a current valid certificate of registration issued under the provisions of section 29-402, except in the case of (A) a person who is engaged in the disassembling, transportation and reconstruction of historic buildings for historical purposes or who is engaged in the demolition of farm buildings or in the renovation, alteration or reconstruction of a single-family residence, or (B) an owner who is engaged in the demolition of a single-family residence or outbuilding, as provided in subsection (c) of section 29-402. No permit shall be issued under this section unless signed by the owner and the demolition contractor. Each such permit shall contain a printed intention on the part of the signers to comply with the provisions of this part.

      (b) In addition to the powers granted pursuant to this part, any town, city or borough may, by ordinance, impose a waiting period of not more than ninety days before granting any permit for the demolition of any building or structure or any part thereof.

      (February, 1965, P.A. 551, S. 7, 8; P.A. 73-595, S. 2; P.A. 77-177, S. 2; P.A. 78-288, S. 2; P.A. 82-451, S. 5, 9; P.A. 83-187, S. 1; P.A. 87-263, S. 4; P.A. 95-8.)

      History: P.A. 73-595 made provisions applicable to cities and boroughs in addition to towns; P.A. 77-177 added exception in Subdiv. (3) for persons engaged in disassembly, transportation and reassembly of historic buildings for historical purposes; P.A. 78-288 extended exception in Subdiv. (3) to include persons engaged in farm building demolition or in renovation, alteration or reconstruction of single-family residences; P.A. 82-451 changed "license" to "certificate of registration"; Sec. 19-403g transferred to Sec. 29-406 in 1983; P.A. 83-187 added Subsec. (b) allowing municipalities to impose a waiting period of not more than ninety days; P.A. 87-263 amended Subsec. (a), substituting "building official" for "administrative officer"; required in Subdiv. (2), written evidence in the form of a certificate of notice executed by public utilities, and added an exemption in Subpara. (B) for owners engaged in the demolition of single-family residences or outbuildings; P.A. 95-8 amended Subpara. (A) of Subdiv. (3) of Subsec. (a) to delete reference to "demolition" of single-family residences.

      Cited. 18 CA 40.

      Sec. 29-407. (Formerly Sec. 19-403h). Notice to adjoining property owners. No person shall commence any demolition operation unless he first notifies each adjoining property owner by registered or certified mail at such owner's last address according to the records of the assessor of the city, town or borough in which such demolition operation is planned.

      (February, 1965, P.A. 551, S. 9; P.A. 73-595, S. 3.)

      History: P.A. 73-595 replaced "town assessor" with "assessor of the city, town or borough in which such demolition is planned"; Sec. 19-403h transferred to Sec. 29-407 in 1983.

      Cited. 18 CA 40.

      Sec. 29-408. (Formerly Sec. 19-403i). Safety measures to be provided. Fence. (a) No person shall remove or demolish any building or structure or part thereof without providing adequate safety measures for all workmen and suitable protections for the public.

      (b) No person shall demolish any building or structure, without causing to be erected and maintained, for the duration of the demolition operations, a fence or barricade meeting the requirements of this section. Each such fence or barricade shall be adequate for safety; shall be not less than eight feet high; shall extend along the street line for the entire length of the building or structure facing on the street, with each end returning back to the building line, and shall be solid for its entire length, except for such openings, provided with sliding doors swinging inward, as may be necessary for the proper prosecution of the work. The building official may waive the requirements of this subsection, or may make such further requirements as he deems necessary for the protection of the public, the adjoining properties or any personalty of such owners and its use.

      (February, 1965, P.A. 551, S. 10, 11; P.A. 87-263, S. 5.)

      History: Sec. 19-403i transferred to Sec. 29-408 in 1983; P.A. 87-263 amended Subsec. (b), substituting "building official" for "administrative officer".

      Cited. 243 C. 66.

      Cited. 18 CA 40.

      Sec. 29-409. (Formerly Sec. 19-403j). Sidewalk shed requirements. No person shall demolish any building or structure or part thereof, when such building, structure or part is within six feet of a street line, or is twelve feet or more in height, or is within six feet of an area which the owner or lessee provides and invites the public to use as it would a public way, or when the distance between such street line or area and such building, structure or part is more than six feet but less than one-half the total height of the object to be demolished, without causing to be erected and maintained a sidewalk shed meeting the requirements of this section. Such shed shall: (1) Extend for the full length of the building on all street fronts; (2) exist for the duration of the demolition operations; (3) be not less than four feet wide and six feet eight inches high in the clear; (4) be watertight, and (5) be adequately lighted for pedestrian traffic. When the roof of any such shed is used for the storage of material or for the performance of work of any kind, adequate railings, not less than three feet high, and solid toe boards, not less than six inches high, shall be affixed along the open sides and ends of such roofs. The roofs of such sheds shall be of sufficient strength and stability safely to sustain the weight of materials that may be placed thereon and the shocks incidental to the handling, preparation for use, trucking or delivery of materials. The requirements of this section, as they relate to street lines, shall not apply in any case in which all such streets are officially closed to pedestrian and vehicular traffic. The building official may waive any of the requirements of this section, if the object to be demolished is more than forty feet from any street line or area used as a public way and its demolition is accomplished by the removal of one story at a time.

      (February, 1965, P.A. 551, S. 12; P.A. 87-263, S. 6.)

      History: Sec. 19-403j transferred to Sec. 29-409 in 1983; P.A. 87-263 substituted "building official" for "administrative officer".

      Cited. 18 CA 40.

      Sec. 29-410. (Formerly Sec. 19-403k). Excavation of sidewalk area. No person shall excavate the area occupied by a sidewalk or temporary walkway in use, unless such area is provided with a walkway capable of supporting not less than one hundred fifty pounds per square foot and unless such walkway is provided with suitable ramps at each end.

      (February, 1965, P.A. 551, S. 13.)

      History: Sec. 19-403k transferred to Sec. 29-410 in 1983.

      Cited. 18 CA 40.

      Sec. 29-411. (Formerly Sec. 19-403l). Restrictions on demolition procedures. No person shall use demolition procedures which involve hazard or risk to the general public or unnecessary danger to the workmen, and no person shall use demolition procedures not in accord with good practice.

      (February, 1965, P.A. 551, S. 14.)

      History: Sec. 19-403l transferred to Sec. 29-411 in 1983.

      Cited. 18 CA 40.

      Sec. 29-412. (Formerly Sec. 19-403m). Accumulated materials. No person shall demolish any structure or building without making suitable provision for the disposal of all accumulated materials. No person shall overload any part of the protective structures erected during the demolition operations by storage, materials or debris to an extent beyond the live load capacity. No person shall, during demolition operations, allow materials to accumulate which would, by their nature, upon removal, cause an excessive amount of dust, dirt or debris in the air, without suitably wetting down such accumulations with water, dehydrated lime or some similar agent.

      (February, 1965, P.A. 551, S. 15.)

      History: Sec. 19-403m transferred to Sec. 29-412 in 1983.

      Cited. 18 CA 40.

      Sec. 29-413. (Formerly Sec. 19-403n). Basements and cellars. No person shall allow any basement, cellar, hole or the like to remain uncovered or opened as a result of the demolition of any building, structure or part thereof. Each person who, in a demolition operation, uncovers or opens such a basement, cellar, hole or the like shall fill the same to grade and remove all excess materials, rubbish and debris from the premises. If a new building, structure or part thereof is to be erected on the site of such demolished premises, the building official may waive any of the provisions of this section.

      (February, 1965, P.A. 551, S. 16; P.A. 87-263, S. 7.)

      History: Sec. 19-403n transferred to Sec. 29-413 in 1983; P.A. 87-263 substituted "building official" for "administrative officer".

      Cited. 18 CA 40.

      Sec. 29-414. (Formerly Sec. 19-403o). Penalty. Any person who violates any provision of this part shall be fined not more than five hundred dollars or imprisoned not more than one year or both.

      (February, 1965, P.A. 551, S. 17.)

      History: Sec. 19-403o transferred to Sec. 29-414 in 1983.

      Sec. 29-415. (Formerly Sec. 19-403p). Public service company exceptions. The provisions of this part shall not apply to the structures, such as distribution and transmission poles, towers and fixtures, steam plant, gas plant, gas tank or holder, water tank or electric substation, of any public service company as defined in section 16-1 whose operations are under the jurisdiction of the Department of Public Utility Control.

      (February, 1965, P.A. 551, S. 19; P.A. 75-486, S. 48, 69; P.A. 77-614, S. 162, 610; P.A. 80-482, S. 172, 348.)

      History: P.A. 75-486 replaced public utilities commission with public utilities control authority; P.A. 77