Substitute Senate Bill No. 1140
         Substitute Senate Bill No. 1140

              PUBLIC ACT NO. 97-118


AN ACT CONCERNING OBSTRUCTIONS WHICH PREVENT ENTRY
OR EXIT BY  HANDICAPPED PERSONS AND THE REGULATION
AND INSTALLATION OF  LIMITED  USE,  LIMITED ACCESS
ELEVATORS.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. (NEW)  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.
    Sec. 2. Section 29-200 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) 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  the provisions of
chapter 54 concerning the installation, operation,
maintenance   and   use   of   inclined   stairway
chairlifts, [and] vertical  wheelchair  or incline
lifts AND LIMITED  USE,  LIMITED ACCESS ELEVATORS.
In adopting such  regulations,  the State Building
Inspector  and  said   committee   may   adopt  by
reference standards concerning  inclined  stairway
chairlifts, [and] vertical  wheelchair  or incline
lifts AND LIMITED  USE,  LIMITED ACCESS ELEVATORS,
as set forth  by  the  American National Standards
Institute.
    (b)   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  regulations adopted under the
provisions of subsection  (a) of this section. Any
variation of or  exemption  from  any provision of
such  regulations shall  be  permitted  only  when
approved by the  State  Building Inspector and the
executive director of the Office of Protection and
Advocacy  for  Persons  with  Disabilities  acting
jointly.  The  State  Building  Inspector,  within
seven days of  receipt  of  any  such application,
shall forward a  copy  of such application to said
executive 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 executive 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, and if it sets aside any such standard or
specification, a copy  of such determination shall
be sent to said executive director.
    (c) Such lifts  AND ELEVATORS may be installed
(1) in buildings  principally  used  for  meeting,
gathering or assembling  by  any civic, religious,
fraternal  or  charitable   organization,  (2)  in
residential buildings designed  to  be occupied by
one or two  families,  and  (3) in other buildings
and structures only  if  the executive director of
the Office of  Protection and Advocacy for Persons
with Disabilities and the State Building Inspector
jointly approve such  installation. An application
for the installation  of  [a  lift]  SUCH  LIFT OR
ELEVATOR in other  buildings  and structures under
subdivision  (3)  of   this  subsection  shall  be
submitted  to the  State  Building  Inspector  who
shall, within seven  days  of  receipt of any such
application, forward a copy of such application to
said executive 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.
    (d) Any person  aggrieved by any such decision
of the State  Building Inspector and the executive
director of the  Office of Protection and Advocacy
for Persons with  Disabilities  may  appeal to the
Codes and Standards  Committee  within thirty days
after such decision has been rendered.
    (e) Any person  aggrieved by any ruling of the
Codes and Standards Committee may appeal therefrom
to the Superior  Court  in accordance with section
4-183.

Approved June 6, 1997