Substitute House Bill No. 5373
          Substitute House Bill No. 5373

              PUBLIC ACT NO. 98-233


AN ACT CONCERNING THE STATE BUILDING CODE.


    Be it enacted  by  the  Senate  and  House  of
Representatives in General Assembly convened:
    Section 1. (NEW)  (a) As used in this section,
"prior approval of the code training and education
board of control" means approval by the board of a
fiscal year budget prepared by the Commissioner of
Public Safety. The  commissioner  shall  develop a
program to sponsor  (1)  training  and educational
programs in the  mechanics  and application of the
State Building Code and the State Fire Safety Code
conducted  for  any   municipal   or   state  code
official, or any candidate for said positions, and
(2)  continuing  educational   programs   in   the
mechanics and application  of  the  State Building
Code  and the  State  Fire  Safety  Code  for  any
architect, engineer, landscape architect, interior
designer, builder, contractor or superintendent of
construction doing business  in  this  state,  and
shall determine the equipment necessary to sponsor
such training and educational programs.
    (b) There is established the code training and
education board of  control  which  shall  promote
code training and  education.  No  funds  shall be
expended for the purposes listed in subsection (a)
of this section without prior approval of the code
training and education board of control. The board
shall consist of  seven  members  as  follows: (1)
Three  members  of   the  Building  Code  Training
Council, one each  of  whom  shall be appointed by
the speaker, majority  leader  and minority leader
of the House of Representatives, (2) three members
of the Fire  Marshal Training Council, one each of
whom  shall be  appointed  by  the  president  pro
tempore, majority leader  and  minority  leader of
the  Senate,  and  (3)  one  architect,  engineer,
landscape architect, interior  designer,  builder,
contractor or superintendent of construction doing
business in this  state, who shall be appointed by
the Commissioner of  Public Safety. The members of
the board shall continue in office for the term of
three  years from  the  first  day  of  July  next
succeeding  their appointment.  Vacancies  on  the
board shall be  filled  by the original appointing
authority for the balance of the unexpired term.
    (c) The commissioner shall establish a program
of education and  training  in  the  mechanics and
application of the  State  Building  Code  and the
State Fire Safety Code conducted for any municipal
or state code  official, or any candidate for said
positions, and a continuing educational program in
the  mechanics  and   application   of  the  State
Building Code and  the  State Fire Safety Code for
any  architect,  engineer,   landscape  architect,
interior   designer,   builder,    contractor   or
superintendent of construction  doing  business in
this state.
    Sec.  2.  (NEW)  The  Commissioner  of  Public
Safety may apply  for any federal or private funds
or  contributions  available   for   training  and
education  of  code  officials  or  other  persons
eligible to receive  training  under  section 1 of
this  act.  Not  later  than  July  1,  2000,  the
Commissioner of Public  Safety,  with the approval
of the Building Code Training Council and the Fire
Marshal Training Council,  shall adopt regulations
in  accordance with  chapter  54  of  the  general
statutes to establish an administrative process to
adjust  as  necessary   (1)   the  amount  of  the
education fee to be assessed by the State Building
Inspector  pursuant  to  section  29-252a  of  the
general statutes, as  amended by section 3 of this
act, and each municipal building official pursuant
to section 29-263  of  the  general  statutes,  as
amended by section  4  of  this  act,  and (2) the
percentage of the  fees  collected  which  may  be
retained by each municipal building department for
administrative costs. The  education  fee shall be
adjusted downward or  upward,  as the case may be,
when necessary, but  not  more  than  annually  to
reflect  the  actual  cost  of  the  training  and
educational    programs   and    the    continuing
educational programs established  in  section 1 of
this act, except that no such fee may be increased
by more than  four  per  cent in any one year. The
percentage  of fees  which  may  be  retained  for
administrative costs shall be adjusted downward or
upward, as the  case  may  be, when necessary, but
not more than  annually,  to  reflect  the  actual
costs incurred in collecting such fees except that
no such percentage  of  fees  to  be  retained for
administrative costs may be less than one per cent
or greater than three per cent.
    Sec. 3. Subsection  (b)  of section 29-252a of
the general statutes,  as  amended by section 1 of
public act 97-273  and  section  29  of public act
97-11 of the  June 18 special session, is repealed
and the following is substituted in lieu thereof:
    (b) No state building or structure or addition
to a state building or structure, that exceeds the
threshold limits contained  in section 29-276b and
requires an independent  structural  review  under
said  section,  shall   be  constructed  until  an
application has been  filed by the commissioner of
an  agency  authorized   to   contract   for   the
construction of buildings  under the provisions of
section 4b-1, AS  AMENDED,  or  4b-51, AS AMENDED,
with the State  Building  Inspector and a building
permit issued by  the State Building Inspector. On
and after July  1,  1999,  no  state  building  or
structure  or addition  to  a  state  building  or
structure shall be constructed or altered until an
application has been  filed by the commissioner of
an  agency  authorized   to   contract   for   the
construction of buildings  or  the  alteration  of
existing buildings under the provisions of section
4b-1, AS AMENDED,  or  4b-51, AS AMENDED, with the
State Building Inspector  and  a  building  permit
issued by the State Building Inspector. Two copies
of the plans  and  specifications for the building
or structure to  be  constructed  or altered shall
accompany the application. The commissioner of any
such agency shall  certify  that  such  plans  and
specifications are in  substantial compliance with
the provisions of  the  State  Building  Code and,
where applicable, with the provisions of the State
Fire Safety Code.  The  State  Building  Inspector
shall review the  plans and specifications for the
building or structure to be constructed or altered
to verify their  compliance  with the requirements
of the State Building Code and, within thirty days
of the date  of application, shall issue or refuse
to issue the building permit, in whole or in part.
ON AND AFTER  JULY  1,  1999,  THE  STATE BUILDING
INSPECTOR SHALL ASSESS  AN  EDUCATION  FEE ON EACH
BUILDING  PERMIT APPLICATION.  DURING  THE  FISCAL
YEAR COMMENCING JULY  1,  1999, THE AMOUNT OF SUCH
FEE  SHALL  BE  SIXTEEN  CENTS  PER  ONE  THOUSAND
DOLLARS OF CONSTRUCTION  VALUE  AS DECLARED ON THE
BUILDING  PERMIT  APPLICATION,   AND   THE   STATE
BUILDING   INSPECTOR  SHALL   REMIT   SUCH   FEES,
QUARTERLY, TO THE DEPARTMENT OF PUBLIC SAFETY, FOR
DEPOSIT IN THE  GENERAL FUND. ON AND AFTER JULY 1,
2000, THE ASSESSMENT  SHALL  BE MADE IN ACCORDANCE
WITH REGULATIONS ADOPTED  PURSUANT TO SECTION 2 OF
THIS ACT. The State Building Inspector may request
that the State  Fire  Marshal review such plans to
verify their compliance with the State Fire Safety
Code.
    Sec. 4. Section 29-263 of the general statutes
is repealed and  the  following  is substituted in
lieu thereof:
    (a) Except as  provided  in  subsection (h) of
section 29-252a, AS  AMENDED  BY THIS ACT, AND THE
STATE BUILDING CODE ADOPTED PURSUANT TO SUBSECTION
(a) OF SECTION  29-252,  AS AMENDED, after October
1,  1970,  no   building  or  structure  shall  be
constructed or altered  until  an  application has
been filed with the building official and a permit
issued. Such permit shall be issued or refused, in
whole or in  part,  within  thirty  days after the
date of an  application. No permit shall be issued
except  upon  application  of  the  owner  of  the
premises affected or  his  authorized agent. Prior
to  the issuance  of  a  permit  and  within  said
thirty-day  period, the  building  official  shall
review the plans  of buildings or structures to be
constructed or altered, including, but not limited
to,  plans  prepared   by  an  architect  licensed
pursuant to chapter  390,  a professional engineer
licensed pursuant to  chapter  391  or an interior
designer  registered  pursuant   to  chapter  396a
acting  within  the  scope  of  his  practice,  to
determine their compliance  with  the requirements
of the State  Building Code and, where applicable,
the local fire  marshal shall review such plans to
determine their compliance  with  the  State  Fire
Safety Code. Such plans submitted for review shall
be in substantial  compliance  with the provisions
of the State  Building Code and, where applicable,
with the provisions of the State Fire Safety Code.
    (b) ON AND  AFTER  JULY  1, 1999, THE BUILDING
OFFICIAL SHALL ASSESS  AN  EDUCATION  FEE  ON EACH
BUILDING  PERMIT APPLICATION.  DURING  THE  FISCAL
YEAR COMMENCING JULY  1,  1999, THE AMOUNT OF SUCH
FEE  SHALL  BE  SIXTEEN  CENTS  PER  ONE  THOUSAND
DOLLARS OF CONSTRUCTION  VALUE  AS DECLARED ON THE
BUILDING  PERMIT  APPLICATION   AND  THE  BUILDING
OFFICIAL SHALL REMIT  SUCH  FEES  QUARTERLY TO THE
DEPARTMENT OF PUBLIC  SAFETY,  FOR  DEPOSIT IN THE
GENERAL FUND. ON  AND  AFTER  JULY  1,  2000,  THE
ASSESSMENT  SHALL  BE   MADE  IN  ACCORDANCE  WITH
REGULATIONS ADOPTED PURSUANT  TO SECTION 2 OF THIS
ACT.  ALL  FEES   COLLECTED   PURSUANT   TO   THIS
SUBSECTION  SHALL  BE  MAINTAINED  IN  A  SEPARATE
ACCOUNT BY THE  LOCAL  BUILDING DEPARTMENT. DURING
THE FISCAL YEAR COMMENCING JULY 1, 1999, THE LOCAL
BUILDING DEPARTMENT MAY  RETAIN  TWO  PER  CENT OF
SUCH FEES FOR  ADMINISTRATIVE  COSTS  INCURRED  IN
COLLECTING SUCH FEES AND MAINTAINING SUCH ACCOUNT.
ON AND AFTER  JULY 1, 2000, THE PERCENTAGE OF SUCH
FEES WHICH MAY  BE  RETAINED  BY  A LOCAL BUILDING
DEPARTMENT SHALL BE  DETERMINED IN ACCORDANCE WITH
REGULATIONS ADOPTED PURSUANT  TO SECTION 2 OF THIS
ACT.
    Sec. 5. Subsection  (a)  of  section 29-265 of
the general statutes is repealed and the following
is substituted in lieu thereof:
    (a) Except as  provided  in  subsection (h) of
section  29-252a,  AS  AMENDED  BY  THIS  ACT,  no
building or structure  erected  or  altered in any
municipality  after  October  1,  1970,  shall  be
occupied or used,  in  whole  or  in part, until a
certificate  of  occupancy,   AS  DEFINED  IN  THE
REGULATIONS  ADOPTED  UNDER   SECTION  29-252,  AS
AMENDED, has been issued by the building official,
certifying that such  building,  [or] structure OR
WORK PERFORMED PURSUANT  TO  THE  BUILDING  PERMIT
substantially conforms to  the  provisions  of the
State Building Code  and  the regulations lawfully
adopted [thereunder] UNDER  SAID  CODE. Nothing in
the  code  or  in  this  part  shall  require  the
removal, alteration or  abandonment of, or prevent
the continuance of  the  use and occupancy of, any
single-family dwelling but within six years of the
date  of  occupancy   of   such   dwelling   after
substantial   completion   of   construction   of,
alteration to or  addition to such dwelling, or of
a building lawfully  existing  on October 1, 1945,
except as may  be necessary for the safety of life
or property. The  use  of  a  building or premises
shall not be  deemed  to have changed because of a
temporary  vacancy  or   change  of  ownership  or
tenancy.
    Sec. 6. Section  2  of  public  act  97-308 is
repealed and the  following is substituted in lieu
thereof:
    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 AND PROGRAMS FOR ALL OTHER
PERSONS ELIGIBLE TO  RECEIVE  TRAINING PURSUANT TO
SECTION  1 OF  THIS  ACT.  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.  7.  Section   29-298a   of  the  general
statutes  is  repealed   and   the   following  is
substituted in lieu thereof:
    There   shall  be   established   within   the
Department  of  Public   Safety   a  Fire  Marshal
Training Council which shall advise the State Fire
Marshal and the  Codes  and Standards Committee on
all matters pertaining  to  certification training
programs,  [and]  in-service   training  for  fire
marshals in the  state  AND PROGRAMS FOR ALL OTHER
PERSONS ELIGIBLE TO  RECEIVE  TRAINING PURSUANT TO
SECTION  1 OF  THIS  ACT.  The  council  shall  be
composed of twelve  members  as follows: The State
Fire Marshal or  his  designee;  a  member  of the
Codes and Standards  Committee  to  be  elected by
such committee; three  members  appointed  by  the
Connecticut  Fire Marshals'  Association,  one  of
whom shall be  a volunteer, one of whom shall be a
part-time  paid,  and  one  of  whom  shall  be  a
full-time, local fire marshal, deputy fire marshal
or fire inspector;  one  member  appointed  by the
Board  of  Governors   of  Higher  Education;  two
members appointed by the Board of Trustees for the
Community-Technical  Colleges; the  chief  elected
official of a  municipality having a population in
excess of seventy  thousand  persons, appointed by
the Governor; the  chief  elected  official  of  a
municipality  having a  population  of  less  than
seventy  thousand  persons,   appointed   by   the
Governor; and two public members, appointed by the
Governor. Members shall be residents of this state
and shall not  be  compensated  for their services
but shall be  reimbursed  for  necessary  expenses
incurred in the  performance  of their duties. The
council  may  elect  such  officers  as  it  deems
necessary.
    Sec. 8. This  act  shall  take  effect July 1,
1999.

Approved June 8, 1998