OLR Bill Analysis

sHB 5637

AN ACT CONCERNING LOCAL REVIEW OF COMMUNITY RESIDENCES IN MULTIFAMILY BUILDINGS.

SUMMARY:

This bill changes some of the rules municipalities must follow when regulating state-licensed community residences and child-care residential facilities. Community residences house six or fewer people who (1) have mental retardation or (2) are receiving mental health and addiction services, plus support staff. The staff housed in the residences for the latter must be paid for or provided by the Department of Mental Health and Addiction Services. Child-care residential facilities house six or fewer children with mental or physical disabilities and support staff.

The bill prohibits buildings or structures housing community residences and child-care facilities from being used or occupied without a certificate of occupancy. The certificate must be issued by the building official and certify that the building, structure, or work done under a building permit substantially conforms to the building code and regulations. The building official must notify the municipality's chief executive officer when issuing certificates for these residences.

The bill requires ordinances establishing neighborhood revitalization zone (NRZ) committees to prohibit them from commenting on proposed community residences. NRZ committees operate under ordinances that authorize them to prepare neighborhood revitalization plans and oversee their implementation.

Lastly, the bill requires zoning commissions to treat multifamily buildings containing community residences (but not child-care residential facilities) no differently than other multifamily buildings. The law imposes a similar requirement with respect to single-family homes used as community residences and child-care residential facilities.

EFFECTIVE DATE: October 1, 2008 for the certificate of occupancy requirement, July 1, 2008 for prohibition on NRZ comments, and upon passage for provision regarding multifamily buildings.

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable Substitute