Substitute House Bill No. 6948
Substitute House Bill No. 6948
PUBLIC ACT NO. 97-308
AN ACT CONCERNING THE STATE BUILDING CODE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) 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
of the general statutes 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.
Sec. 2. (NEW) 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 and continuing
educational programs for building officials
pursuant to section 29-262 of the general
statutes. 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 of the
general statutes, 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 of the general statutes,
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 of the general
statutes, 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 of the general statutes,
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.
Sec. 3. (a) There is established a task force
to review issues related to the State Building
Code and to make recommendations concerning
legislative or regulatory actions to improve the
adoption, administration, implementation and
interpretation of the State Building Code in
addition to the recommendations made by the task
force to review issues related to the State
Building Code established pursuant to section 30
of public act 96-245.
(b) The task force shall consist of eleven
members, each of whom shall have been a member of
the task force to review issues related to the
State Building Code established pursuant to
section 30 of public act 96-245.
(c) Any vacancy shall be filled by the
appointing authority.
(d) The chairpersons of the task force shall
be the same persons as chaired the task force to
review issues related to the State Building Code
established pursuant to section 30 of public act
96-245. Said chairpersons shall schedule the first
meeting of the task force, which shall be held not
later than sixty days after the effective date of
this section.
(e) Not later than January 1, 1998, the task
force shall submit a report on its findings and
recommendations to the joint standing committee of
the General Assembly having cognizance of matters
relating to public safety, in accordance with the
provisions of section 11-4a of the general
statutes. The task force shall terminate on the
date that it submits such report or January 1,
1998, whichever is earlier.
Sec. 4. Section 29-251 of the general statutes
is repealed and the following is substituted in
lieu thereof:
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; [one shall be a
builder or a superintendent of building
construction] 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
[laborer engaged in building construction who is
a] Connecticut member of a national BUILDING
TRADES labor organization; and [five] 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
rules and regulations for procedure. 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.
Sec. 5. Section 29-252 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(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 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 July 1, [1989]
1998, to incorporate such revisions adopted by the
Building Officials and Code Administrators
International, Inc. in [1988] 1996 as they deem
necessary, and [not more than every four years]
thereafter to incorporate any necessary subsequent
revisions to the code adopted by said organization
OR BY THE INTERNATIONAL CODE COUNCIL,
INCORPORATED, NOT LATER THAN EIGHTEEN MONTHS
FOLLOWING THE DATE OF FIRST PUBLICATION OF SAID
SUBSEQUENT REVISIONS. 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.
Sec. 6. This act shall take effect from its
passage, except that sections 1, 2, 4 and 5 shall
take effect October 1, 1997.
Approved July 8, 1997