Topic:
BUILDING CODES; CONSTRUCTION INDUSTRIES; CONSUMER PROTECTION DEPARTMENT; PUBLIC SAFETY DEPARTMENT;
Location:
BUILDING CODE;

OLR Research Report


August 23, 2007

 

2007-R-0496

STANDARDS FOR TESTING CONSTRUCTION

MATERIALS OR STRUCTURES

By: Kristin Sullivan, Associate Analyst

You asked for a summary of (1) the statute governing testing of construction materials or structures under CGS § 29-276b(e) and (2) its implementing regulations.

SUMMARY

The state building code requires construction materials and structures to undergo testing under certain circumstances. Depending on a building's classification, for example, key materials may need to be tested for design strength or seismic resistance. The requirements are contained in Chapter 17 of the 2003 International Building Code, which Connecticut adopted in 2005.

Under § 29-276b(e) of the state building code, local building officials and engineering consultants may designate testing by (1) independent laboratories that are accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) or (2) licensed professional engineers, whether individuals or firms, with testing facilities that meet criteria set forth in regulations and conform to NVLAP standards, criteria, and qualifications. In either case, professional engineers licensed in accordance with state law must certify the tests and any resulting reports.

It is somewhat unclear whether this provision applies to all buildings or only to threshold buildings (i. e. , those over a statutorily set size). A review of the legislative history shows that this question was raised, but not resolved, at the Public Safety Committee's February 1990 public hearing. However, the state building inspector interprets CGS § 29-276b(e) to govern threshold buildings. (The threshold limits are (1) four stories, (2) 60-feet high, (3) a clear span of 150 feet wide, (4) 150,000 square feet of floor space, or (5) occupancy by 1,000 or more people. )

CGS § 29-276b(e) also requires the Department of Consumer Protection (DCP) commissioner, together with the Board of Examiners for Professional Engineers and Land Surveyors, to adopt regulations establishing (1) standards for testing key structural components by licensed professional engineers; (2) criteria for testing facilities, including reinspection; and (3) qualifications for people who perform the testing.

IMPLEMENTING REGULATIONS

DCP, in consultation with the Board of Examiners for Professional Engineers and Land Surveyors, adopted regulations implementing CGS § 29-276b(e). Table 1 summarizes those regulations.

Table 1: Regulations for Testing Construction

Materials and Structures

Regulation

Requirements

Standards and Methods for Testing

(Conn. Agencies Regs. § 29-276b-1)

The regulation requires licensed professional engineers to:

1. utilize standards and testing methods approved by (1) the American Society for Testing and Materials (ASTM), (2) the American National Standards Institute (ANSI), or (3) any other nationally-recognized accreditation program for such testing; and

2. detail any modification of standards or methods necessary to render them appropriate for local use when certifying a test.

Criteria for Laboratory Facilities

(Conn. Agencies Regs. § 29-276b-2)

The regulation requires:

1. laboratories where testing occurs to be under the supervisory control of a qualified professional engineer licensed in accordance with state law;

2. laboratories where testing occurs to utilize facilities, equipment, and procedures that meet testing standards and methods approved by (1) ASTM, (2) ANSI, or (3) any other nationally-recognized accreditation program for such testing; and

3. supervising professional engineers to annually inspect laboratories' facilities and equipment to determine whether the (1) facilities and equipment conform to the above standards and (2) equipment is in calibration; and

4. supervising professional engineers to maintain records on inspection results and provide them upon request to DCP's Board of Examiners for Professional Engineers and Land Surveyors (board).

Qualifications for People who Perform Testing

(Conn. Agencies Regs. § 29-276b-3)

The regulation requires supervising professional engineers to:

1. qualify for each separate area of inspection and testing by (a) successfully completing at least one course at an accredited institute of higher education, or, an accredited training seminar in the specific subject matter or (b) performing testing of construction materials and structures in a laboratory for at least three years;

2. instruct technicians who perform laboratory tests and annually evaluate them; and

3. maintain the evaluation records and provide them to the board upon request.

Conformance with NVLAP

(Conn. Agencies Regs. § 29-276b-4)

The regulation requires supervising professional engineers to:

1. certify that the laboratory facility, its standards, equipment, test methods, and personnel conform to Connecticut's regulations and, at a minimum, to NVLAP; and

2. report to the board any testing laboratory that does not meet the requirements set forth in the regulations.

The regulations specify that testing laboratories do not need to have NVLAP accreditation. However, they may use accreditation to certify that they may conduct certain tests.

NATIONAL VOLUNTARY LABORATORY ACCREDITATION PROGRAM

The National Institute of Standards and Technology (NIST), a non-regulatory federal agency within the U. S. Department of Commerce, operates various programs, including NVLAP. Its mission is to promote innovation and industrial competitiveness by advancing measurement science, standards, and technology.

NVLAP offers several laboratory accreditation programs. Each program includes specific calibration or test standards and related methods and protocols for a particular testing field. Accreditation criteria conform to the U. S. Code of Federal Regulations (15 CFR Part 285) and encompass requirements of the International Organization for Standardization and the International Electrotechnical Commission. (A list of accreditation fields is available on NIST's website. )

HYPERLINKS

National Institute of Standards and Technology, National Voluntary Laboratory Accreditation Program: http: //ts. nist. gov/Standards/fields. cfm, last visited August 23, 2007.

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