OLR Bill Analysis

sHB 6324 (as amended by House “A”)*

AN ACT CONCERNING THE INSPECTION OF ELEVATORS, THE AUTHORITY OF THE STATE AND LOCAL FIRE MARSHALS, THE REGULATION OF EXPLOSIVES AND OTHER TECHNICAL CHANGES.

SUMMARY:

This bill makes various unrelated changes affecting demolition credentials, explosives, fire marshals, elevator inspection, and manufacturing premises. The bill requires people engaged in the demolition business to get a Department of Public Safety (DPS) license, instead of a registration. It subjects the license and licensees to the same standards governing registration, except that license applicants must demonstrate competence by examination or other means. It also requires that hearings held in connection with license denial and revocation hearings be conducted in accordance with the Uniform Administrative Procedure Act (UAPA).

*House Amendment “A” (1) requires people in the demolition business to be licensed, (2) eliminates provisions in the original bill that (a) required DPS to provide a hearing before suspending a demolition certificate and (b) eliminated the hearing opportunity when DPS refused to issue or renew a certificate, and (3) requires UAPA hearings.

EFFECTIVE DATE: October 1, 2009

EXPLOSIVES

The bill allows the state fire marshal to approve variations, exemptions, or equivalent or alternative compliance with regard to certain regulations governing explosives if he determines that (1) strict compliance is unwarranted or would entail practical difficulty or unnecessary hardship and (2) the variation, exemption, or alternative compliance secures the public safety. The bill applies to regulations governing the storage, transportation, use, manufacture, sale, and procurement of explosives.

FIRE MARSHALS

Under current law, deputy fire marshals must serve under the direction of local fire marshals, fire inspectors, and other fire investigators when enforcing the State Fire Safety Code and pertinent statutes. The bill conforms the law to practice by authorizing the deputy fire marshal or acting fire marshal to assume the authority granted to local fire marshals in cases where a local fire marshal has not been appointed.

By law, the appointing authority may appoint a certified deputy fire marshal to act as fire marshal for up to 180 days 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.

ELEVATORS

The bill exempts all elevators located in private residences, instead of “private residence elevators” as defined in regulations, from the DPS 18-month inspection schedule and two-year permit renewal requirements, irrespective of their size. The regulations define “private residence elevators” as any power passenger elevator of limited size, capacity, rise, and speed installed in a private residence or a “multiple dwelling. ” Thus, under current law, elevators that do not meet the definition are subject to the inspection schedule even if they are in private residences.

Under current law and the bill, exempt elevators are inspected at the owner's request.

MANUFACTURING PREMISES

The bill explicitly subjects manufacturing premises to the State Fire Safety Code. Public Act 08-65 implicitly subjected them to the code by authorizing local fire marshals to inspect them for code compliance.

COMMITTEE ACTION

Public Safety and Security Committee

Joint Favorable Substitute

Planning and Development Committee

Joint Favorable