Connecticut Seal

General Assembly

 

Raised Bill No. 890

January Session, 2017

 

LCO No. 4082

 

*04082_______PS_*

Referred to Committee on PUBLIC SAFETY AND SECURITY

 

Introduced by:

 

(PS)

 

AN ACT CONCERNING RECOMMENDATIONS BY THE OFFICE OF THE STATE FIRE MARSHAL REGARDING THE STATE FIRE PREVENTION CODE AND LICENSES FOR DEMOLITION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (a) of section 29-291a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) The State Fire Marshal, in coordination with the advisory committee established under subsection (b) of this section and in accordance with the provisions of section 29-291e, shall adopt and administer a State Fire Prevention Code based on a nationally recognized fire prevention code. [Said] The code shall be used to enhance the enforcement capabilities of local fire marshals and for the purposes of prevention of fire and other related emergencies. [Said] The code shall be revised as deemed necessary to incorporate any subsequent revisions to the code not later than eighteen months following the date of first publication of such revisions. The code shall include provisions for oil burners, flammable and combustible liquids, gas equipment and piping, liquefied gas and liquefied natural gas and hazardous chemicals.

Sec. 2. Section 29-313 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(a) No fire extinguishing agent used in a fire extinguisher or fire extinguishing device may contain an active ingredient having a level of toxicity equal to or greater than the vapors of carbon tetrachloride or chlorobromomethane or the thermal decomposition products resulting therefrom.

(b) No fire extinguisher or fire extinguishing device containing an active agent having a level of toxicity equal to or greater than the vapors of carbon tetrachloride or chlorobromomethane or the thermal decomposition products resulting therefrom shall be used or installed for use in any school bus or motor vehicle used for the transportation of passengers for hire. The owner or operator of any such bus or vehicle who violates any provision of this subsection shall be fined not more than two hundred dollars or imprisoned not more than three months, or both.

(c) Any person who sells, offers for sale or gives to another any fire extinguisher or fire extinguishing device, containing or designed to contain an active agent having an ingredient prohibited by subsection (a) of this section shall be subject to the penalties prescribed by section 29-295.

[(d) The Commissioner of Administrative Services shall adopt regulations, in accordance with the provisions of section 29-291e, to prescribe requirements and specifications for the installation or use of fire extinguishers and extinguishing agents. Such regulations shall be incorporated into the State Fire Prevention Code. In adopting such regulations, the commissioner may adopt by reference standards concerning the selection, installation, maintenance, design and testing of portable fire extinguishing equipment and extinguishing agents as set forth by the National Fire Protection Association.]

Sec. 3. Subsections (b) and (c) of section 29-402 of the general statutes are repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(b) No person shall engage in the business of demolition of buildings without a license obtained from the Department of Administrative Services. An applicant for an initial license shall file an application with the Department of Administrative Services, furnish evidence of expertise [and financial responsibility] and pay a fee of four hundred forty dollars for a class B license and nine hundred forty dollars for a class A license. Each license shall be valid for twelve months from date of issuance and shall be renewable on application of the licensee upon payment of an annual fee of two hundred fifty dollars for a class B license and seven hundred fifty dollars for a class A license. The department may refuse to issue any such license for cause, and may revoke or refuse to renew any such license for failure to carry out and conform to the provisions of this part or to any regulations adopted hereunder, or for any violation of title 22a. No person shall be refused a license or a renewal thereof, and no license shall be revoked, without an opportunity for a hearing conducted by the Department of Administrative Services in accordance with the provisions of chapter 54.

(c) The provisions of this section shall not apply to (1) a person who is engaged in the disassembly, transportation and reconstruction of historic buildings for historical purposes, in the demolition of farm buildings, in the renovation, alteration or reconstruction of a single-family residence or in the disassembly of nonstructural building materials of a building for the purpose of reusing or recycling such building materials, (2) the removal of underground petroleum storage tanks, (3) the burning of a building or structure as part of an organized fire department training exercise, [or] (4) the deconstruction or disassembly of swimming pools, or (5) the demolition of a single-family residence or outbuilding by an owner of such structure if it does not exceed a height of thirty feet, provided (A) the owner shall be present on site while such demolition work is in progress and shall be held personally liable for any injury to individuals or damage to public or private property caused by such demolition, and (B) such demolition shall be permitted only with respect to buildings which have clearance from other structures, roads or highways equal to or greater than the height of the structure subject to demolition. The local building official may require additional clearance when deemed necessary for safety.

Sec. 4. Subdivision (11) of subsection (c) of section 19a-343 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(11) Fire safety violations under section 29-292, subsection (b) of section 29-310, or section 29-315, [29-320, 29-329, 29-337,] 29-349 or 29-357.

Sec. 5. Subdivision (5) of section 22a-448 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2017):

(5) "Solid, liquid or gaseous products" means any substance or material including, but not limited to, hazardous chemicals, flammable liquids, [as defined in section 29-320,] explosives as defined in section 29-343, liquefied petroleum gas, as defined in section 43-36, hazardous materials designated in accordance with the Hazardous Materials Transportation Act, 49 USC 1801 et seq. and hazardous substances designated in accordance with Section 311 of the federal Water Pollution Control Act;

Sec. 6. Sections 29-304, 29-317, 29-320, 29-329, 29-331, 29-337, 29-390 and 29-391 of the general statutes are repealed. (Effective July 1, 2017)

This act shall take effect as follows and shall amend the following sections:

Section 1

July 1, 2017

29-291a(a)

Sec. 2

July 1, 2017

29-313

Sec. 3

July 1, 2017

29-402(b) and (c)

Sec. 4

July 1, 2017

19a-343(c)(11)

Sec. 5

July 1, 2017

22a-448(5)

Sec. 6

July 1, 2017

Repealer section

Statement of Purpose:

To amend statutes regarding the State Fire Prevention Code and licenses for demolition, and to delete provisions (1) requiring the adoption of certain regulations, (2) concerning reports by the State Fire Marshal and fees for investigations by local fire marshals, and (3) concerning egress from workshops and manufactories and the liability of building owners.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]