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