Connecticut Home Inspector Licensing Law

Connecticut Code · 41 sections

The following is the full text of Connecticut’s home inspector licensing law statutes as published in the Connecticut Code. For the official version, see the Connecticut Legislature.

Conn. Gen. Stat. § 12-53

Sec. 12-53a. Assessment and taxation of new real estate construction. (a)(1) Completed new construction of real estate completed after any assessment date shall be liable for the payment of municipal taxes based on the assessed value of such completed new construction from the date the certificate of occupancy is issued or the date on which such new construction is first used for the purpose for which same was constructed, whichever is the earlier, prorated for the assessment year in which the new construction is completed. Said prorated tax shall be computed on the basis of the rate of tax applicable with respect to such property, including the applicable rate of tax in any tax district in which such property is subject to tax following completion of such new construction, on the date such property becomes liable for such prorated tax in accordance with this section.

(2) Partially completed new construction of real estate shall be liable for the payment of municipal taxes based on the assessed value of such partially completed new construction as of October first of the assessment year.

(b) The building inspector issuing the certificate shall, within ten days after issuing the same, notify, in writing, the assessor of the town in which the property is situated.

(c) Not later than ninety days after receipt by the assessor of such notice from the building inspector or from a determination by the assessor that such new construction is being used for the purpose for which same was constructed, the assessor shall determine the increment by which assessment for the completed construction exceeds the assessment on the taxable grand list for the immediately preceding assessment date. He shall prorate such amount from the date of issuance of the certificate of occupancy or the date on which such new construction was first used for the purpose for which same was constructed, as the case may be, to the assessment date immediately following and shall add said increment as so prorated to the taxable grand list for the immediately preceding assessment date and shall within five days notify the record owner as appearing on such grand list and the tax collector of the municipality of such additional assessment. Such notice shall include information describing the manner in which an appeal may be filed with the board of assessment appeals. Notwithstanding the provisions of this subsection, for new construction completed after October first but before February first in any assessment year, the assessor shall, not later than ninety days after completion of the duties of the board of assessment appeals, determine the increment in accordance with this subsection.

(d) Any person claiming to be aggrieved by the action of the assessor hereunder may appeal the doings of the assessor to the board of assessment appeals and the Superior Court as otherwise provided in this chapter; provided such appeal shall be extended in time to the next succeeding board of assessment appeals, if the statutory period for the meeting of such board has passed. Any person, intending to so appeal, may indicate that taxes paid by him upon the prorated increment herein specified during the pendency of such appeal are paid “Under Protest” and thereupon he shall not be liable for any interest on the taxes based upon such prorated increment, provided he shall have paid not less than seventy-five per cent of the amount of such taxes within the time specified.

(e) Upon receipt of such notice from the assessor, the tax collector of the town shall, if such notice is received after the normal billing date, within thirty days thereafter mail or hand a bill to the owner based upon an amount prorated by the assessor. Such tax shall be due and payable and collectible as other municipal taxes and subject to the same liens and processes of collection; provided such tax shall be due and payable in an initial or single installment due and payable not sooner than thirty days after the date such bill is mailed or handed to the owner, and in any remaining, regular installments, as the same are due and payable, and the several installments of a tax so due and payable shall be equal.

(f) Nothing herein shall be deemed to authorize the collection of taxes twice in respect of the land upon which the new construction is located.

(1971, P.A. 788; P.A. 75-467, S. 1, 2; P.A. 76-436, S. 299, 681; P.A. 82-226, S. 1, 2; P.A. 95-283, S. 34, 68; P.A. 96-171, S. 3, 16; 96-224, S. 4; P.A. 12-157, S. 1.)

History: P.A. 75-467 amended Subsec. (a) to detail the calculation of the prorated tax; P.A. 76-436 substituted superior court for court of common pleas in Subsec. (d), effective July 1, 1978; P.A. 82-226 amended Subsec. (c) to increase from 15 days to 90 days the time allowed the assessor from commencement of use of new construction to the date of determination of the increased assessed value, which increase is added to the previous assessment list for purposes of imposing the pro rata tax applicable for the remaining portion of the assessment year after commencement of use; P.A. 95-283 amended Subsec. (d) to replace board of tax review with board of assessment appeals, effective July 6, 1995; P.A. 96-171 amended Subsec. (c) to add provision requiring the notice to include information describing the manner in which an appeal may be filed with the board of assessment appeals, effective May 31, 1996; P.A. 96-224 amended Subsec. (c) by adding provision re new construction completed after October first but before February first and amended Subsec. (e) to extend the time for the tax collector to mail a bill from 10 to 30 days (Revisor's note: In Subsec. (c) the references to “October 1” and “February 1” were changed editorially by the Revisors to “October first” and “February first”, respectively, for consistency with customary statutory usage); P.A. 12-157 amended Subsec. (a) by designating existing provision as Subdiv. (1) and adding “based on the assessed value of such completed new construction” therein, and adding Subdiv. (2) re partially completed new construction, effective October 1, 2012, and applicable to assessment years commencing on or after that date.

Cited. 207 C. 250; 226 C. 92. Under 2007 revision, section mandates assessment of “completed” new construction within 90 days, while Sec. 12-55, revised to 2007, permits, but does not require, an interim assessment to equalize the grand list. 309 C. 85.

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Conn. Gen. Stat. § 12-64

Sec. 12-64a. Reduction in assessed value of real estate upon removal of damaged buildings. Municipal option to abate tax on personal property located in damaged building. (a) Whenever a building is so damaged as to require total reconstruction before it may be used for any purpose related to its use prior to such damage and following which, the owner provides for complete demolition of such building with the material from demolition being removed from the parcel of real property on which the building was situated or used as fill on such parcel for purposes of grading, such parcel shall be assessed for purposes of property tax as of the date such demolition, removal and grading are completed, to the satisfaction of the building inspector in the municipality, and such assessment shall reflect a determination of the assessed value of such parcel, exclusive of the value of the building so damaged, demolished and removed. The adjusted assessment shall be applicable with respect to such parcel from the date demolition, removal and grading are completed, as determined by said building inspector, until the first day of October next succeeding and the amount of property tax payable with respect to such parcel for the assessment year in which demolition, removal and grading are completed shall be adjusted accordingly in such manner as determined by the assessor.

(b) Notwithstanding the provisions of subsection (a) of this section, in the case of a building that sustains fire or weather-related damage that requires the building to be totally reconstructed before it may be used for any purpose related to its use prior to the damage, the assessment reduction shall be calculated from the date of such fire or weather event if the owner, within one hundred twenty days of the fire or weather event, provides for complete demolition of such building with the material from demolition being removed from the parcel of real property on which the building was situated and the parcel graded to the satisfaction of the building inspector in the municipality. If the fire or weather event occurs not more than one hundred twenty days before the next assessment date and the owner provides for such complete demolition, removal and grading to the satisfaction of the building inspector after the next assessment date and not more than one hundred twenty days after the fire or weather event, the assessment for the damaged building shall be removed for such next assessment date.

(c) When a municipality reduces an assessment for a building pursuant to subsection (a) or (b) of this section, the municipality may, by vote of its legislative body, or in a municipality where the legislative body is a town meeting, by vote of the board of selectmen, abate all or a portion of the property tax with respect to personal property that had been located in the building. Such abatement may be allowed if the personal property was damaged as a direct result of a fire or weather event to such an extent that the property cannot be used for any purpose related to its use prior to such fire or weather event. Any abatement provided under this subsection shall be applicable with respect to such personal property from the date of the damage to the following October first.

(P.A. 81-21, S. 1, 2; P.A. 93-231, S. 1, 2; P.A. 00-120, S. 1, 13.)

History: P.A. 81-21 effective April 7, 1981, and applicable in any municipality to assessment year commencing October 1, 1981, and each assessment year thereafter; P.A. 93-231 designated existing section as Subsec. (a) and added new Subsec. (b) requiring any municipality to reduce the assessment on a building that must be totally reconstructed due to fire or weather-related damage as of the date the building was damaged, effective June 28, 1993, and applicable to assessment years commencing on and after October 1, 1993; P.A. 00-120 added Subsec. (c) providing a municipal option to abate the tax on personal property damaged by fire or weather event that cannot be used for its original purpose, effective May 26, 2000, and applicable to assessment years commencing October 1, 1998.

Cited. 207 C. 250.

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Conn. Gen. Stat. § 16-245

Sec. 16-245nn. Residential solar photovoltaic system permit. (a) As used in this section:

(1) “Residential solar photovoltaic system” means equipment and devices that have the primary purpose of collecting solar energy and generating electricity by photovoltaic effect, have a nameplate capacity rating of twelve kilowatts or less, are installed on the roof of a single-family home and conform to the Connecticut State Building Code;

(2) “Municipality” means any town, city, borough, consolidated town and city or consolidated town and borough;

(3) “Electronic submission” means the act of a permit applicant who submits his or her completed application to a municipality for review by means of electronic mail, facsimile or electronic application available on a municipality's Internet web site.

(b) Not later than January 1, 2016, each municipality shall incorporate residential solar photovoltaic systems in its building permit application process or utilize a residential solar photovoltaic system permit application supplement. Each municipality may (1) develop and post on the municipality's Internet web site a permit application for the installation of a residential solar photovoltaic system, (2) allow for electronic submission of such application, and (3) exempt such system from payment of permit fees pursuant to subsection (c) of section 29-263.

(c) Not more than thirty days after receipt of a permit application, a municipality shall inform such permit applicant whether such application is approved or disapproved.

(d) In conducting inspections of work completed pursuant to a residential solar photovoltaic system permit, a local building official may use additional resources as described in the International Residential Code portion of the Connecticut State Building Code. Inspections shall be performed pursuant to said International Residential Code portion of the Connecticut State Building Code.

(e) Nothing in this section shall authorize any person to cause any home or structure located within a historic district established pursuant to section 7-147b to be altered, as defined in section 7-147a.

(f) Not later than December 1, 2015, the Connecticut Green Bank, in consultation with the office of the State Building Inspector, shall plan, implement and host five residential solar photovoltaic system permit training seminars, in different municipalities for the purpose of providing guidance and information to municipal officials developing a permitting process in accordance with this section. The Connecticut Green Bank may consult with the Connecticut Conference of Municipalities, the Connecticut Council of Small Towns, the Renewable Energy and Efficiency Business Association and any other organization or representative of such organization in the planning and implementation of the training seminars.

(P.A. 15-194, S. 3.)

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Conn. Gen. Stat. § 20-293.

Sec. 20-293. Seal. Each architect shall have a seal approved by the board, which shall contain the name of the architect and the words, “Licensed Architect, State of Connecticut”, and such other words or figures as the board deems necessary. The working drawings and specifications prepared for such buildings or structures, which by the terms of this chapter shall be prepared by a licensed architect, shall be stamped with his seal. No person shall designate or imply that he is the author of such working drawings or specifications unless he was in responsible charge of their preparation, whether made by him personally or by his employee or agent under his immediate supervision. Working drawings and specifications prepared by an architectural firm shall be sealed by a principal member or officer of the firm. Except for plans for buildings or structures under the provisions of section 20-298, no official of this state or of any city, town or borough therein, charged with the enforcement of laws, ordinances or regulations relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped with the seal of a licensed architect or a licensed professional engineer.

(1953, S. 2307d; 1959, P.A. 71; 1971, P.A. 703, S. 5; P.A. 82-419, S. 16, 47.)

History: 1959 act added provision permitting designation of authorship for drawings or specifications made by employee or agent; 1971 act required that working drawings and specifications prepared by architectural firm be sealed by principal member or officer of firm; P.A. 82-419 changed registration to licensure.

Builder not entitled to prohibitory injunction restraining building inspector from requiring seal on plans before issuing permit. 151 C. 655.

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Conn. Gen. Stat. § 20-298

Sec. 20-298c. Liability of architect who voluntary assists public safety official in evaluating safety elements of built environment in aftermath of major disaster or emergency. (a) As used in this section:

(1) “Built environment” means a human-made environment, including: (A) Homes, (B) buildings, (C) streets, (D) sidewalks, (E) parks, and (F) transportation, energy and other infrastructure; and

(2) “Public safety official” means:

(A) A state or municipal police officer or firefighter;

(B) A building official or assistant building official appointed under sections 29-260 and 29-261, or the State Building Inspector appointed under section 29-252, or such inspector's designee;

(C) A member of a community emergency response team that is activated by the Department of Emergency Services and Public Protection, a local emergency preparedness official or a municipal police agency;

(D) An official from the Department of Emergency Services and Public Protection; or

(E) An official from the Federal Emergency Management Agency.

(b) Any architect licensed pursuant to chapter 390 who, at the request of, under the direction of or in connection with a public safety official, voluntarily and without compensation, acts in good faith to assist such official evaluating the safety of elements of a built environment in the aftermath of a major disaster or emergency, as those terms are defined in section 28-1, shall:

(1) Be held to the same standard of care applicable to a public safety official who would have performed an evaluation of the safety elements of a built environment, if not for the major disaster or emergency, and

(2) Be subject to civil liability only upon a finding that the architect failed to act as a reasonably prudent public safety official, as applicable to the circumstances, would have acted under the same or similar circumstances.

(c) The provisions of subsection (b) of this section shall exclusively apply to acts or omissions by an architect that occur during the time period that a declaration of a civil preparedness emergency pursuant to section 28-9 is effective or for sixty days after the issuance of such declaration, whichever is longer.

(P.A. 22-86, S. 1.)

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Conn. Gen. Stat. § 20-308

Sec. 20-308a. Immunity for provision of structural, electrical, mechanical or other engineering services in connection with emergency. Time period of immunity. (a) As used in this section, “professional engineer” means a person licensed as a professional engineer under this chapter, and “public official” means a federal, state or municipal official (1) having or duly authorized to exercise executive authority, (2) responsible for coordinating emergency assistance, disaster relief or similar activities to protect the public safety, (3) responsible for law enforcement activities, or (4) responsible for conducting or coordinating building inspections in an area of this state in which a declared emergency, disaster or catastrophic event has occurred.

(b) A professional engineer who, voluntarily and gratuitously and other than in the ordinary course of such professional engineer's employment or practice, provides structural, electrical, mechanical or other engineering services relating to any publicly or privately-owned structure, building or piping system, in connection with an emergency declared by the President of the United States under federal law or by the Governor under the laws of this state, when such emergency is caused by a hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, collapse or other disaster or catastrophic event in this state, at the request or with the approval of a public official acting in an official capacity, shall not be liable for civil damages for personal injury, wrongful death, property damage or other loss, provided such structural, electrical, mechanical or other engineering services are provided with reasonable care and within professionally recognized standards for such an emergency.

(c) The legal protection provided in subsection (b) of this section applies only in the case of engineering services that are provided during the period of the declared emergency, including any extension of such period, or not later than ninety days following the end of such period or extension.

(P.A. 03-260, S. 1.)

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Conn. Gen. Stat. § 20-335.

Sec. 20-335. License fee. Continuing professional education requirements. Expiration and renewal. Any person who has successfully completed an examination for such person's initial license under this chapter shall pay to the Department of Consumer Protection a fee of one hundred fifty dollars for a contractor's license or a fee of one hundred twenty dollars for any other such license. Any such initial license fee shall be waived for persons who present a recommendation for review issued pursuant to section 31-22u. All such licenses shall expire annually. No person shall carry on or engage in the work or occupations subject to this chapter after the expiration of such person's license until such person has filed an application bearing the date of such person's registration card with the appropriate board. Such application shall be in writing, addressed to the secretary of the board from which such renewal is sought and signed by the person applying for such renewal. A licensee applying for renewal shall, at such times as the commissioner shall by regulation prescribe, furnish evidence satisfactory to the board that the licensee has completed any continuing professional education required under sections 20-330 to 20-341, inclusive, or any regulations adopted thereunder. The board may renew such license if the application for such renewal is received by the board no later than one month after the date of expiration of such license, upon payment to the department of a renewal fee of one hundred fifty dollars in the case of a contractor and of one hundred twenty dollars for any other such license. For any completed renewal application submitted pursuant to this section that requires a hearing or other action by the applicable examining board, such hearing or other action by the applicable examining board shall occur not later than thirty days after the date of submission for such completed renewal application. The department shall issue a receipt stating the fact of such payment, which receipt shall be a license to engage in such work or occupation. A licensee who has failed to renew such licensee's license for a period of over two years from the date of expiration of such license shall have it reinstated only upon complying with the requirements of section 20-333. All license fees and renewal fees paid to the department pursuant to this section shall be deposited in the General Fund.

(February, 1965, P.A. 493, S. 6; 1967, P.A. 789, S. 7; June, 1971, P.A. 8, S. 94; 1972, P.A. 223, S. 24; P.A. 73-86, S. 1, 2; P.A. 80-420, S. 2; P.A. 81-361, S. 26, 39; June Sp. Sess. P.A. 83-22, S. 1, 4; P.A. 84-340, S. 2; P.A. 89-251, S. 133, 203; P.A. 94-36, S. 18, 42; May 25 Sp. Sess. P.A. 94-1, S. 73, 130; P.A. 98-3, S. 31; P.A. 02-142, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-169, S. 17; 04-189, S. 1; June Sp. Sess. P.A. 09-3, S. 246; Oct. Sp. Sess. P.A. 11-1, S. 76; P.A. 13-196, S. 17; P.A. 14-131, S. 6.)

History: 1967 act established $25 fee for initial contractor's license and $10 for other licenses, deleted reference to expiration of certificates, changed renewal fee from $7 to a fee equivalent to initial license fee, made restoration of license which expired over a month before application for renewal mandatory rather than discretionary on payment of fee and changed technical language of statute and provided that revised renewal fees take effect October 1, 1969; 1971 act increased fee for contractor's license to $50 and fee for all others to $25 and stated renewal fee as $15 for contractor's license and $5 for others and deleted obsolete reference to October 1, 1969, as effective date for renewal fees; 1972 act changed license expiration date from October first in odd-numbered years to May first annually, deleted provision calling for renewal fees to equal initial license fees which conflicted with 1971 amendment re renewals and increased renewal fees for contractor's license to $25 and for other license to $12.50; P.A. 73-86 restored original expiration provision, i.e. expiration of October first in odd-numbered years and increased renewal fees for contractor's license to $50 and for all others to $25; P.A. 80-420 raised fee for initial contractor's license to $40 and fee for renewal of all licenses other than contractor's to $40 and added provision re payments to local building officials for enforcement purposes; P.A. 81-361 amended section to provide for payment of fees to department instead of boards and for issuance of licenses and receipts by the department; June Sp. Sess. P.A. 83-22 deleted the requirement that $15 of each $40 fee paid under the provisions of this section be paid to the local building inspector of a municipality and substituted provision requiring that all fees be deposited in general fund; P.A. 84-340 clarified that department of consumer protection has discretion in fining late applicants for renewal of a license, whereas previously fine was mandatory; P.A. 89-251 increased the fee for a contractor's license from $50 to $150, increased the fee for other licenses from $40 to $120 and increased the additional fee for licenses which have expired from $10 to $30; P.A. 94-36 eliminated license renewal late fees and replaced the biennial license renewal schedule and fees with an annual renewal schedule and fees, effective January 1, 1995; May 25 Sp. Sess. P.A. 94-1 made a technical change, effective January 1, 1994; P.A. 98-3 made technical changes; P.A. 02-142 made technical changes throughout for the purpose of gender neutrality, and required licensee applying for renewal to furnish, at times prescribed by regulation, evidence satisfactory to the board of completion of continuing professional education required by Secs. 20-330 to 20-341, inclusive, or regulations adopted thereunder, effective June 14, 2002; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; June Sp. Sess. P.A. 09-3 increased fees from $75 to $150 and from $60 to $120; Oct. Sp. Sess. P.A. 11-1 added provision re 30-day deadline for hearing or other action by examining board re renewal application, effective October 27, 2011; P.A. 13-196 changed reinstatement period re failure to renew license from 1 year to 2 years, effective June 21, 2013; P.A. 14-131 added provision re fee waiver for persons who present recommendation for review issued pursuant to Sec. 31-22u.

See Sec. 21a-4(c) re fines for late license renewals.

See Sec. 21a-10(b) re staggered schedule for license renewals.

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Conn. Gen. Stat. § 25-129.

Sec. 25-129. Certificate of registration. Insurance requirement. Limited contractor and limited journeyperson well casing extension certificates of registration. Regulations. (a) The Commissioner of Consumer Protection, with the advice and assistance of the board, shall establish the requirements of registration for well drilling contractors. Each person, before engaging in the business of well drilling or pump installing, shall obtain annually from the Department of Consumer Protection a certificate of registration as a well drilling contractor, using an application blank prepared by said department. Each application for issuance or renewal of a certificate of registration shall be accompanied by a certificate of liability coverage for bodily injury of at least one hundred thousand dollars per person with an aggregate of at least three hundred thousand dollars and for property damage of at least fifty thousand dollars per accident with an aggregate of at least one hundred thousand dollars. The applicant shall pay a registration fee of eighty-eight dollars with the application and an annual renewal registration fee of two hundred fifty dollars for renewals on and after April 1, 1984. A certificate of registration is not transferable and expires annually. A lost, destroyed or mutilated registration certificate may be replaced by a duplicate upon payment of a lost fee of fifteen dollars.

(b) A well drilling contractor shall place in a conspicuous location on both sides of his well drilling machine his registration number in letters not less than two inches high.

(c) A governmental unit engaged in water-supply well drilling shall be registered under this chapter, but shall be exempt from paying the registration fees. A governmental unit engaged in non-water-supply well drilling shall be exempt from the requirements for registration under this chapter if the drilling is done by regular employees of, and with equipment owned by, the unit and the work is on non-water-supply wells intended for use by the governmental unit.

(d) This chapter shall not restrict a plumber or electrician from engaging in the trade for which he has been licensed.

(e) (1) A certificate of registration may be refused, or a certificate of registration duly issued may be suspended or revoked, or the renewal thereof refused by the board if said board has good and sufficient reason to believe or finds that the applicant for or the holder of such a certificate has: (A) Made a material misstatement in the application for a registration of any application for renewal thereof; or (B) obtained the registration through wilful fraud or misrepresentation; or (C) demonstrated gross incompetency to act as a well driller; or (D) been guilty of failure to comply with the provisions of this chapter or the State Well Drilling Code, as from time to time amended; or (E) refused to file reports of wells drilled as required by subsection (a) of section 25-131; or (F) been found guilty by the board, the Commissioner of Public Health or by a court of competent jurisdiction, of any fraud, deceit, gross negligence, incompetency or misconduct in the industry, operations or business of well drilling.

(2) Before any certificate of registration shall be refused, suspended or revoked, or the renewal thereof refused, the board shall give notice of the intended action and afford opportunity for hearing in accordance with regulations adopted pursuant to this chapter.

(3) Appeal from the decisions of the board may be taken in accordance with the provisions of section 4-183.

(4) After one year from the date of refusal or revocation of a registration, application to register may be made again by the person affected.

(f) The department shall prepare a roster of all registered well drillers and distribute it annually to the local director of health or his agent and the building inspector, if there is one, of each town. The posting of such roster on the Department of Consumer Protection's Internet web site shall constitute compliance with the requirements of this section.

(g) The Commissioner of Consumer Protection, with the advice and assistance of the board, shall adopt regulations, in accordance with the provisions of chapter 54, to establish certificates of registration for limited contractor and limited journeyperson well casing extension. Such certificates of registration shall permit persons licensed to perform plumbing and piping work pursuant to chapter 393 to perform well casing extension, repair and maintenance work. Upon initial application, an applicant shall demonstrate knowledge of well casing extension, repair and maintenance work by passing an examination subject to the provisions of section 20-333. The applicant shall pay a registration fee of fifty dollars upon initial application and an annual renewal registration fee of fifty dollars. A certificate of registration under this subsection is nontransferable and expires annually.

(1969, P.A. 659, S. 4; P.A. 76-436, S. 600, 681; P.A. 77-603, S. 110, 125; 77-614, S. 181, 182, 323, 610; P.A. 80-205, S. 4, 6; P.A. 81-361, S. 38, 39; P.A. 82-431, S. 2, 6; 82-472, S. 99, 183; P.A. 83-574, S. 18, 20; P.A. 89-251, S. 159, 203; P.A. 93-381, S. 9, 39; P.A. 94-36, S. 37, 42; May 25 Sp. Sess. P.A. 94-1, S. 27, 130; P.A. 95-257, S. 12, 21, 58; P.A. 96-17, S. 3; P.A. 03-68, S. 1; June 30 Sp. Sess. P.A. 03-6, S. 146(c), (d), (h); P.A. 04-169, S. 17; 04-189, S. 1; P.A. 07-217, S. 122; June Sp. Sess. P.A. 09-3, S. 302; P.A. 10-9, S. 5; P.A. 13-196, S. 5.)

History: P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous appeal provisions with requirement that appeals be made in accordance with Sec. 4-183; P.A. 77-614 transferred responsibility for establishing registration requirements from board to consumer protection commissioner, retaining board in advisory capacity, deleted detailed hearing procedure in Subsec. (e), requiring instead that notice be given of intended action and that opportunity for hearing be given in accordance with regulations established by commissioner, replaced previous appeal provision with requirement that appeals be made in accordance with Sec. 4-183 and replaced commissioner of health with commissioner of health services, effective January 1, 1979; P.A. 80-205 deleted August first as deadline for distribution of roster and deleted requirement that roster be distributed to town clerk in Subsec. (f); P.A. 81-361 amended Subsecs. (a) and (b) to provide that registration certificates are obtained from the department instead of the board, that application blanks are to be prepared by the department and that the department, not the board, furnishes seals for certificates; P.A. 82-431 eliminated regulations relating to proficiency and financial resources required for registration, imposed certificate of insurance requirement, increased renewal fee from $25 to $100, provided for renewal in holder's birth month commencing January 1, 1983 and transferred duty to prepare roster from the board to the department; P.A. 82-472 made a technical correction in Subsec. (a); P.A. 83-574 amended section to provide for $25 renewal fee for renewals prior to April 1, 1984, and $100 fee on and after that date, effective July 8, 1983, and applicable to registration renewed on or after January 1, 1983; P.A. 89-251 amended Subsec. (a) to increase the registration fee from $35 to $44, to increase the renewal fee from $100 to $125, to increase the late fee from $10 to $13, to increase the replacement fee and fee for additional seals from $2 to $3; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 94-36 deleted the reference to the “April thirtieth” certificate of registration expiration date and the provision allowing late renewal of certificate of registration fees in Subsec. (a), effective January 1, 1995; May 25 Sp. Sess. P.A. 94-1 amended Subsec. (a) by making technical change, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 96-17 amended Subsec. (b) to change “Connecticut registered water well drilling contractor” to “Connecticut registered well drilling contractor” and amended Subsec. (c) to replace reference to “municipal unit” with “governmental unit” and to exempt non-water-supply well drilling by such units from the requirements of this chapter; P.A. 03-68 added new Subsec. (g) re certificates of registration for limited contractor and limited journeyperson well casing extension, effective July 1, 2003; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Commissioner and Department of Consumer Protection with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-217 made technical changes in Subsec. (a), effective July 12, 2007; June Sp. Sess. P.A. 09-3 amended Subsecs. (a) and (g) to increase fees; P.A. 10-9 amended Subsec. (a) to delete provisions requiring 1 seal to be issued to each registrant and re $3 fee for additional seals and amended Subsec. (b) to delete requirement re seal to be affixed adjacent to registration number, effective May 5, 2010; P.A. 13-196 amended Subsec. (f) to add provision re posting of roster on department's web site to constitute compliance with requirements of section, effective June 21, 2013.

See Sec. 21a-4(c) re fines for late registration renewals.

See Sec. 21a-10(b) re staggered schedule for registration renewals.

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Conn. Gen. Stat. § 28-23

Sec. 28-23a. Emergency Management Assistance Compact. This state hereby joins in a compact with such other states and territories legally joining therein, in the form substantially as follows:

Emergency Management Assistance Compact

Article I. Purposes and Authorities.

This compact is made and entered into by and between the participating member states which enact this compact, hereinafter called party states. For the purposes of this agreement, the term “states” is taken to mean the several states, the Commonwealth of Puerto Rico, the District of Columbia, and all United States territorial possessions.

The purpose of this compact is to provide for mutual assistance between the states entering into this compact in managing any emergency or disaster that is duly declared by the Governor of the affected state, whether arising from natural disaster, technological hazard, man-made disaster, civil emergency aspects of resources shortages, community disorders, insurgency or enemy attack.

This compact shall also provide for mutual cooperation in emergency-related exercises, testing or other training activities using equipment and personnel simulating performance of any aspect of the giving and receiving of aid by party states or subdivisions of party states during emergencies, such actions occurring outside actual declared emergency periods. Mutual assistance in this compact may include the use of the states' National Guard forces, either in accordance with the National Guard Mutual Assistance Compact or by mutual agreement between states.

Article II. General Implementation.

Each party state entering into this compact recognizes many emergencies transcend political jurisdictional boundaries and that intergovernmental coordination is essential in managing these and other emergencies under this compact. Each state further recognizes that there will be emergencies which require immediate access and present procedures to apply outside resources to make a prompt and effective response to such an emergency. This is because few, if any, individual states have all the resources they may need in all types of emergencies or the capability of delivering resources to areas where emergencies exist.

The prompt, full and effective utilization of resources of the participating states, including any resources on hand or available from the federal government or any other source, that are essential to the safety, care and welfare of the people in the event of any emergency or disaster declared by a party state, shall be the underlying principle on which all articles of this compact shall be understood.

On behalf of the Governor of each state participating in the compact, the legally designated state official who is assigned responsibility for emergency management will be responsible for formulation of the appropriate interstate mutual aid plans and procedures necessary to implement this compact.

Article III. Party State Responsibilities.

A. It shall be the responsibility of each party state to formulate procedural plans and programs for interstate cooperation in the performance of the responsibilities listed in this article. In formulating such plans and in carrying them out, the party states, insofar as practical, shall:

i. Review individual state hazards analyses and, to the extent reasonably possible, determine all those potential emergencies the party states might jointly suffer, whether due to natural disaster, technological hazard, man-made disaster, emergency aspects of resource shortages, civil disorders, insurgency or enemy attack.

ii. Review party states' individual emergency plans and develop a plan which will determine the mechanism for the interstate management and provision of assistance concerning any potential emergency.

iii. Develop interstate procedures to fill any identified gaps and to resolve any identified inconsistencies or overlaps in existing or developed plans.

iv. Assist in warning communities adjacent to or crossing the state boundaries.

v. Protect and assure uninterrupted delivery of services, medicines, water, food, energy and fuel, search and rescue, and critical lifeline equipment, services and resources, both human and material.

vi. Inventory and set procedures for the interstate loan and delivery of human and material resources, together with procedures for reimbursement or forgiveness.

vii. Provide, to the extent authorized by law, for temporary suspension of any statutes.

B. The authorized representative of a party state may request assistance of another party state by contacting the authorized representative of that state. The provisions of this agreement shall only apply to requests for assistance made by and to authorized representatives. Requests may be verbal or in writing. If verbal, the request shall be confirmed in writing within thirty days of the verbal request. Requests shall provide the following information:

i. A description of the emergency service function for which assistance is needed, such as but not limited to, fire services, law enforcement, emergency medical services, transportation, communications, public works and engineering, building inspection, planning and information assistance, mass care, resource support, health and medical services and search and rescue.

ii. The amount and type of personnel, equipment, materials and supplies needed, and a reasonable estimate of the length of time they will be needed.

iii. The specific place and time for staging of the assisting party's response and a point of contact at that location.

C. There shall be frequent consultation between state officials who have assigned emergency management responsibilities and other appropriate representatives of the party states with affected jurisdictions and the United States government, with free exchange of information, plans and resource records relating to emergency capabilities.

Article IV. Limitations.

Any party state requested to render mutual aid or conduct exercises and training for mutual aid shall take such action as is necessary to provide and make available the resources covered by this compact in accordance with the terms hereof, provided that it is understood that the state rendering aid may withhold resources to the extent necessary to provide reasonable protection for such state. Each party state shall afford to the emergency forces of any party state, while operating within its state limits under the terms and conditions of this compact, the same powers, except that of arrest unless specifically authorized by the receiving state, duties, rights and privileges as are afforded forces of the state in which they are performing emergency services. Emergency forces will continue under the command and control of their regular leaders, but the organizational units will come under the operational control of the emergency services authorities of the state receiving assistance. These conditions may be activated, as needed, only subsequent to a declaration of a state of emergency or disaster by the Governor of the party state that is to receive assistance or commencement of exercises or training for mutual aid and shall continue so long as the exercises or training for mutual aid are in progress, the state of emergency or disaster remains in effect or loaned resources remain in the receiving state or states, whichever is longer.

Article V. Licenses and Permits.

Whenever any person holds a license, certificate or other permit issued by any state party to the compact evidencing the meeting of qualifications for professional, mechanical or other skills, and when such assistance is requested by the receiving party state, such person shall be deemed licensed, certified or permitted by the state requesting assistance to render aid involving such skill to meet a declared emergency or disaster, subject to such limitations and conditions as the Governor of the requesting state may prescribe by executive order or otherwise.

Article VI. Liability.

Officers or employees of a party state rendering aid in another state pursuant to this compact shall be considered agents of the requesting state for tort liability and immunity purposes; and no party state or its officers or employees rendering aid in another state pursuant to this compact shall be liable on account of any act or omission in good faith on the part of such forces while so engaged or on account of the maintenance or use of any equipment or supplies in connection therewith. Good faith in this article shall not include wilful misconduct, gross negligence or recklessness.

Article VII. Supplementary Agreements.

Inasmuch as it is probable that the pattern and detail of the machinery for mutual aid among two or more states may differ from that among the states that are party hereto, this instrument contains elements of a broad base common to all states, and nothing herein contained shall preclude any state from entering into supplementary agreements with another state or affect any other agreements already in force between states. Supplementary agreements may comprehend, but shall not be limited to, provisions for evacuation and reception of injured and other persons and the exchange of medical, fire, police, public utility, reconnaissance, welfare, transportation and communications personnel and equipment and supplies.

Article VIII. Compensation.

Each party state shall provide for the payment of compensation and death benefits to injured members of the emergency forces of that state and representatives of deceased members of such forces in case such members sustain injuries or are killed while rendering aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within their own state.

Article IX. Reimbursement.

Any party state rendering aid in another state pursuant to this compact shall be reimbursed by the party state receiving such aid for any loss or damage to or expense incurred in the operation of any equipment and the provision of any service in answering a request for aid and for the costs incurred in connection with such requests; provided, that any aiding party state may assume in whole or in part such loss, damage, expense, or other cost or may loan such equipment or donate such services to the receiving party state without charge or cost; and provided further, that any two or more party states may enter into supplementary agreements establishing a different allocation of costs among those states. Article VIII expenses shall not be reimbursable under this provision.

Article X. Evacuation.

Plans for the orderly evacuation and interstate reception of portions of the civilian population as the result of any emergency or disaster of sufficient proportions to so warrant, shall be worked out and maintained between the party states and the emergency management or services directors of the various jurisdictions where any type of incident requiring evacuations might occur. Such plans shall be put into effect by request of the state from which evacuees come and shall include the manner of transporting such evacuees, the number of evacuees to be received in different areas, the manner in which food, clothing, housing and medical care will be provided, the registration of the evacuees, the providing of facilities for the notification of relatives or friends, and the forwarding of such evacuees to other areas or the bringing in of additional materials, supplies and all other relevant factors. Such plans shall provide that the party state receiving evacuees and the party state from which the evacuees come shall mutually agree as to reimbursement of out-of-pocket expenses incurred in receiving and caring for such evacuees, for expenditures for transportation, food, clothing, medicines and medical care and like items. Such expenditures shall be reimbursed as agreed by the party state from which the evacuees come. After the termination of the emergency or disaster, the party state from which the evacuees come shall assume the responsibility for the ultimate support of repatriation of such evacuees.

Article XI. Implementation.

A. This compact shall become operative immediately upon its enactment into law by any two states; thereafter, this compact shall become effective as to any other state upon its enactment by such state.

B. Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until thirty days after the Governor of the withdrawing state has given notice in writing of such withdrawal to the governors of all other party states. Such action shall not relieve the withdrawing state from obligations assumed hereunder prior to the effective date of withdrawal.

C. Duly authenticated copies of this compact and of such supplementary agreements as may be entered into shall, at the time of their approval, be deposited with each of the party states and with the Federal Emergency Management Agency and other appropriate agencies of the United States government.

Article XII. Validity.

This compact shall be construed to effectuate the purposes stated in Article I hereof. If any provision of this compact is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the constitutionality of the remainder of this compact and the applicability thereof to other persons and circumstances shall not be affected thereby.

Article XIII. Additional Provisions.

Nothing in this compact shall authorize or permit the use of military force by the National Guard of a state at any place outside that state in any emergency for which the President is authorized by law to call into federal service the militia, or for any purpose for which the use of the Army or the Air Force would, in the absence of express statutory authorization, be prohibited under 18 USC 1385.

(P.A. 00-32, S. 1.)

History: (Revisor's note: In Art. IV, a comma after “while operating within its state” was deleted editorially by the Revisors and, in Art. XIII, “1385 USC 18” was changed editorially by the Revisors to “18 USC 1385”, both for accuracy.)

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Conn. Gen. Stat. § 29-192.

Sec. 29-192. (Formerly Sec. 19-411). General requirements. Variations or exemptions. Appeals. (a) Each elevator or escalator used or intended for use in this state shall be constructed, equipped, maintained and operated, with respect to the supporting members, elevator car, shaftway, guides, cables, doors and gates, safety stops and mechanisms, locking mechanisms, electrical apparatus and wiring, mechanical apparatus, counterweights and all other appurtenances, so as to sustain safely the load which it is designed and intended to carry according to the provisions of this chapter and the regulations of the commissioner adopted in accordance with the provisions of chapter 54.

(b) Any person may apply to the State Building Inspector to grant variations or exemptions from, or approve equivalent or alternate compliance with, standards incorporated in the regulations adopted under the provisions of subsection (a) of this section, and the State Building Inspector may approve such variations, exemptions, or equivalent or alternate compliance where strict compliance with such provisions would cause practical difficulty or unnecessary hardship.

(c) Any person aggrieved by any decision of the State Building Inspector pursuant to subsection (b) of this section may appeal to the Commissioner of Administrative Services or said commissioner's designee not later than thirty days after notice of such decision has been rendered. Any person aggrieved by any ruling of said commissioner or designee may appeal therefrom to the Superior Court in accordance with section 4-183.

(1949 Rev., S. 3768; P.A. 88-364, S. 44, 123; P.A. 00-165, S. 1; P.A. 11-51, S. 90; P.A. 13-247, S. 200.)

History: Sec. 19-411 transferred to Sec. 29-192 in 1983; P.A. 88-364 provided that the regulations be adopted in accordance with chapter 54, deleting provisions re procedural requirements for regulations; P.A. 00-165 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re variations or exemptions and appeals; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (c), effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (c), effective July 1, 2013.

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Conn. Gen. Stat. § 29-200.

Sec. 29-200. Standards concerning certain lifts and elevators. Variations or exemptions. Installation of lifts and elevators. Application. Appeal. (a) The State Building Inspector and the Codes and Standards Committee, with the approval of the Commissioner of Administrative Services, shall adopt standards as referenced in the State Building Code concerning the installation, operation, maintenance and use of inclined stairway chairlifts, vertical wheelchair or incline lifts and limited use, limited access elevators. The State Building Inspector and said committee may adopt, by reference, standards concerning inclined stairway chairlifts, 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 adopted under the provisions of subsection (a) of this section. Any variation of or exemption from any provision of such standards shall be permitted only when approved by the State Building Inspector, who shall, within thirty days of receipt, review the application and render a decision to accept or reject the application in whole or in part. The State Building Inspector may approve a variation of or exemption from any such standard or specification when the State Building Inspector determines that such standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question. Such determination shall be in writing.

(c) Such lifts and elevators may be installed (1) in existing 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, (3) in new buildings for which a building permit application has been filed on or after October 1, 2004, in accordance with the State Building Code, and (4) in other existing buildings and structures only if the State Building Inspector approves such installation. An application for the installation of such lift or elevator in other buildings and structures under subdivision (4) of this subsection shall be submitted to the State Building Inspector who shall, within thirty days of receipt, review the application, and render a decision to accept or reject the application in whole or in part. Such decision shall be published electronically by the State Building Inspector on the Internet web site of the Department of Administrative Services.

(d) Any person aggrieved by any such decision of the State Building Inspector 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.

(P.A. 84-152, S. 1, 3; P.A. 85-205, S. 1, 2; P.A. 89-144, S. 11; P.A. 91-206; P.A. 97-118, S. 2; P.A. 04-237, S. 5; P.A. 11-51, S. 90; P.A. 13-247, S. 200; P.A. 17-96, S. 23.)

History: P.A. 85-205 expanded the types of buildings in which lifts may be installed to include one or two family residential buildings and other approved buildings; P.A. 89-144 substituted the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 91-206 divided the Sec. into Subsecs. adding new provisions in Subsec. (a) requiring that state building inspector and codes and standards committee, with the approval of commissioner, adopt regulations, and adding Subsec. (b) concerning procedure re application for variations or exemptions from standards in regulations, Subsec. (c) concerning procedure re application for lift installation in other buildings and structures under Subdiv. (3), and Subsecs. (d) and (e) concerning provisions for appeal; P.A. 97-118 amended Subsec. (a) to add limited use, limited access elevators to types of lifts for which regulations shall be adopted and Subsec. (c) to add such elevators to provisions governing installation of and application for lifts in certain types of buildings; P.A. 04-237 amended Subsec. (a) to eliminate references to adopting regulations, to add provisions re standards as referenced in the State Building Code and to make technical changes, amended Subsec. (b) to eliminate references to regulations and to add reference to standards, and amended Subsec. (c) to limit purview of Subdiv. (1) to “existing” buildings, to insert new Subdiv. (3) authorizing installation of lifts and elevators in new buildings for which a building permit application has been filed on or after October 1, 2004, in accordance with the code, and to renumber existing Subdiv. (3) as Subdiv. (4) and limit purview of said Subdiv. to “existing” buildings and structures, and to make a technical change; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (a), effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a), effective July 1, 2013; P.A. 17-96 deleted references to Office of Protection and Advocacy for Persons with Disabilities, amended Subsec. (c) to add provision re decision to be published electronically on Internet web site of Department of Administrative Services, and made technical and conforming changes, effective July 1, 2017.

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Conn. Gen. Stat. § 29-232.

Sec. 29-232. (Formerly Sec. 19-428). Regulations. Variations or exemptions. Appeals. (a) The Commissioner of Administrative Services shall adopt regulations in accordance with the provisions of chapter 54 for the design, construction, installation, repair, use and operation of boilers in Connecticut. Such regulations shall conform as nearly as possible to the Boiler Code of the American Society of Mechanical Engineers, and the National Board Inspection Code, both as amended, and shall prescribe requirements as to the construction, installation, repair, use and inspection of boilers in the interest of public safety. The Commissioner of Administrative Services shall hold hearings for the purpose of securing aid in the formulation of such regulations. Such hearings shall be public and representatives of all parties interested shall be given an opportunity to be heard.

(b) Any person may apply to the State Building Inspector to grant variations or exemptions from, or approve equivalent or alternate compliance with, standards incorporated in the regulations adopted under the provisions of subsection (a) of this section, and the State Building Inspector or a designee may approve such variations, exemptions, or equivalent or alternate compliance where strict compliance with such provisions would cause practical difficulty or unnecessary hardship.

(c) Any person aggrieved by any decision of the State Building Inspector or the State Building Inspector's designee pursuant to subsection (b) of this section may appeal to the Commissioner of Administrative Services or said commissioner's designee not later than thirty days after receipt of the notice of such decision. Any person aggrieved by any ruling of said commissioner or designee may appeal therefrom to the Superior Court in accordance with section 4-183.

(1953, S. 2366d; P.A. 77-614, S. 502, 610; P.A. 86-83, S. 2; P.A. 07-110, S. 4; P.A. 08-9, S. 5; P.A. 11-51, S. 90; P.A. 13-247, S. 225.)

History: P.A. 77-614 replaced “board”, i.e. boiler safety board, with commissioner of public safety, effective January 1, 1979; Sec. 19-428 transferred to Sec. 29-232 in 1983; P.A. 86-83 required that boiler regulations also conform to the National Board Inspection Code and included provision re repair; P.A. 07-110 designated existing provisions as Subsec. (a) and added Subsecs. (b) and (c) re variations or exemptions from and equivalent or alternate compliance with standards incorporated in regulations; P.A. 08-9 made technical changes in Subsec. (c), effective April 29, 2008; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsecs. (a) and (c), effective July 1, 2011; P.A. 13-247 replaced references to “Commissioner of Construction Services” with references to “Commissioner of Administrative Services” and amended Subsec. (a) to make a technical change and add reference to Ch. 54, effective July 1, 2013.

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Conn. Gen. Stat. § 29-250.

Sec. 29-250. Office of the State Fire Marshal. Office of the State Building Inspector. There shall be (1) an Office of the State Fire Marshal, and (2) an Office of the State Building Inspector, within the Department of Administrative Services. The head of each office shall report to the Commissioner of Administrative Services.

(P.A. 88-256, S. 1, 2; P.A. 90-337, S. 4, 8; P.A. 93-206, S. 15, 16; P.A. 95-11; P.A. 99-190, S. 8, 9; P.A. 11-51, S. 94; P.A. 13-32, S. 13; 13-247, S. 200.)

History: P.A. 90-337 amended Subsec. (a) to establish division of fire and building safety, deleting reference to office thereof, to require commissioner to serve as administrative head of division, and to permit commissioner to delegate jurisdiction of division affairs to civilian deputy commissioner and Subsec. (b) to require bureaus of the state fire marshal and state building inspector to be in said division and the head of each bureau to report to administrative head of division; P.A. 93-206 amended Subsecs. (a) and (b) to substitute division of fire, emergency and building services for division of fire and building safety, and Subsec. (b) to substitute office for bureau of the state fire marshal and bureau of the state building inspector and to require office of emergency management and office of state-wide emergency telecommunications to be in division, effective July 1, 1993; P.A. 95-11 deleted former Subsecs. (c) and (d) requiring the Public Safety Commissioner and the General Assembly's joint standing committee having cognizance of public safety matters to report every six months on and monitor the status of implementation of the recommendations of the Governor's Building Construction Advisory Committee; P.A. 99-190 amended Subsec. (b) by removing the Office of Emergency Management from within the Division of Fire, Emergency and Building Services and renumbering the Subdivs. accordingly, effective July 1, 2000; P.A. 11-51 deleted former Subsec. (a) re Division of Fire, Emergency and Building Services and amended existing provisions to delete Subsec. (b) designator, to delete references to Division of Fire, Emergency and Building Services, to place offices within Department of Construction Services, to delete provision re Office of State-Wide Emergency Telecommunications, to delete reference to State Building Inspector as administrative head of office, and to require office heads to report to Commissioner of Construction Services, effective July 1, 2011; P.A. 13-32 made a technical change, effective July 1, 2013; pursuant to P.A. 13-247, “Department of Construction Services” and “Commissioner of Construction Services” were changed editorially by the Revisors to “Department of Administrative Services” and “Commissioner of Administrative Services”, respectively, effective July 1, 2013.

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PART Ia*

STATE BUILDING CODE

*Annotations to former Secs. 19-395 to 19-403 and present part Ia:

Preemption and validity of local housing code discussed. 183 C. 168.

State Building Code cited. 13 CA 1; 18 CA 40.

Conn. Gen. Stat. § 29-251

Sec. 29-251c. Development of training and educational programs. Code Training and Education Board of Control. Regulations. Reporting of funds received; expenditures. (a) As used in subsections (a) to (c), inclusive, of 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 Administrative Services. 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 Fire Safety Code conducted for any municipal or state code official, or any candidate for such positions, and (2) continuing educational programs in the mechanics and application of the State Building Code and the 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) Four members of the Codes and Standards Committee, one each of whom shall be appointed by the speaker and majority leader of the House of Representatives and the president pro tempore and majority leader of the Senate, (2) one member of the Fire Marshal Training Council, who shall be appointed by the minority leader of the House of Representatives, (3) one member of the Building Code Training Council, who shall be appointed by the minority leader of the Senate, and (4) 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 Administrative Services. 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 Fire Safety Code conducted for any municipal or state code official, or any candidate for such positions, and a continuing educational program in the mechanics and application of the State Building Code and the Fire Safety Code for any architect, engineer, landscape architect, interior designer, builder, contractor or superintendent of construction doing business in this state.

(d) The Commissioner of Administrative Services 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 subsections (a) to (c), inclusive, of this section. Not later than July 1, 2000, the Commissioner of Administrative Services, with the approval of the Building Code Training Council and the Fire Marshal Training Council, shall adopt regulations in accordance with chapter 54 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 and each municipal building official pursuant to section 29-263, and (2) the portion 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 subsections (a) to (c), inclusive, of this section and the educational programs required in subsections (a) and (b) of section 29-262, except that no such fee may be increased by more than four cents in any one year. The portion 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 the fees to be retained for administrative costs may not be less than one cent or greater than three cents per thousand dollars of the value of the construction declared in the building permit application.

(e) The Commissioner of Administrative Services shall annually submit a report of the amount of funds received pursuant to subsection (d) of this section, or of any other funds received by the commissioner for the purposes of code training and education under this section, to the cochairpersons and ranking members of the joint standing committees of the General Assembly having cognizance of matters relating to finance, revenue and bonding and appropriations. All direct expenses incurred in the conduct of the code training and educational programs, or of the operation, maintenance and repair of facilities, food services and other auxiliary services incurred in the conduct of the code training and educational programs, shall be charged, and any cost of equipment for code training and educational programs may be charged, against the funds appropriated for the code training and educational programs on order of the Comptroller. Any balance of receipts after expenditures shall be retained by the commissioner and shall be used solely for the code training and educational programs under this section and for the acquisition, as provided in section 4b-21, alteration and repairs of real property for educational facilities, provided repairs, alterations or additions to educational facilities costing fifty thousand dollars or less shall require the approval of the Commissioner of Administrative Services and capital projects costing over fifty thousand dollars shall require the approval of the General Assembly, or when the General Assembly is not in session, of the Finance Advisory Committee. Funds appropriated to or received by the Commissioner of Administrative Services for the code training and educational programs shall also be used for (1) (A) the operation, maintenance and repair of auxiliary services facilities, and (B) any other activities related to training and educational programs in the mechanics and application of the State Building Code and the Fire Safety Code conducted for any municipal or state code official, or any candidate for such positions, and (2) continuing educational programs in the mechanics and application of the State Building Code and the Fire Safety Code for any architect, engineer, landscape architect, interior designer, builder, contractor or superintendent of construction doing business in this state. No funds shall be used for the purposes of this section without prior approval of the Code Training and Education Board of Control, established pursuant to subsection (b) of this section.

(P.A. 98-233, S. 1, 2, 8; P.A. 99-209, S. 1, 4; P.A. 04-150, S. 3; P.A. 07-110, S. 2; P.A. 11-8, S. 11–13; 11-51, S. 90; P.A. 13-247, S. 200; P.A. 21-165, S. 11.)

History: P.A. 98-233 effective July 1, 1999; P.A. 99-209 added Subsec. (e), requiring annual report of funds received and setting forth authorized expenditures, effective July 1, 1999; P.A. 04-150 amended Subsec. (d) to require that education fee be adjusted downward or upward to reflect the actual cost of the educational programs required in Sec. 29-262(a) and (b); P.A. 07-110 amended Subsec. (d) to change references from a percentage of the fee to a certain number of cents of the fee, effective July 1, 2008; P.A. 11-8 made technical changes in Subsecs. (a), (c) and (e), effective May 24, 2011; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Commissioner of Public Works” were changed editorially by the Revisors to “Commissioner of Construction Services”, effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services”, effective July 1, 2013; P.A. 21-165 amended Subsec. (b) by replacing provision re 3 members of Building Code Training Council with provision re 4 members of Codes and Standards Committee and replacing provision re appointment by minority leader of House of Representatives with provision re appointments by president pro tempore and majority leader of Senate in Subdiv. (1), replacing “three members” with “one member” and replacing provision re appointment by president pro tempore and majority leader of Senate with provision re appointment by minority leader of House of Representatives in Subdiv. (2), adding new Subdiv. (3) re member of Building Code Training Council and redesignating existing Subdiv. (3) as Subdiv. (4), effective July 1, 2021, and applicable to appointments made on and after said date.

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Conn. Gen. Stat. § 29-251.

Sec. 29-251. (Formerly Sec. 19-395f). Codes and Standards Committee; duties; membership. There shall be within the Department of Administrative Services a Codes and Standards Committee whose duty it shall be to work with the State Building Inspector in the enforcement of this part and the State Fire Marshal in the enforcement of part II of this chapter as set forth in this section. The committee shall be composed of twenty-three members, residents of the state, appointed by the Commissioner of Administrative Services as follows: (1) Two shall be architects licensed in the state of Connecticut; (2) 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; (3) four shall be builders, remodelers or superintendents of construction, one of whom shall have expertise in single-family detached residential construction, one of whom shall have expertise in multifamily residential construction, one of whom shall have expertise in residential remodeling and one of whom shall have expertise in commercial construction; (4) one shall be a public health official; (5) two shall be building officials; (6) two shall be local fire marshals; (7) one shall be a Connecticut member of a national building trades labor organization; (8) one shall have expertise in matters relating to energy efficiency; (9) four shall be public members, one of whom shall have expertise in matters relating to accessibility and use of facilities by persons with physical disabilities; (10) one shall be a contractor licensed to perform electrical work or a member of a state-wide electrical trades labor organization; (11) one shall be a contractor licensed to perform plumbing and piping work or a member of a state-wide plumbing trades labor organization; and (12) one shall be a contractor licensed to perform heating, piping and cooling work or a member of a state-wide heating and cooling trades labor organization. Each member, other than the public members, shall have had not less than ten years' practical experience in such member's profession or business. The committee shall adopt regulations, in accordance with the provisions of chapter 54, governing the procedure of the committee. 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. The committee may, within the limits of appropriations provided therefor, employ such assistants as may be necessary to conduct its business.

(1969, P.A. 443, S. 2; P.A. 77-614, S. 496, 610; P.A. 78-303, S. 17, 136; P.A. 79-560, S. 6, 39; P.A. 80-483, S. 81, 186; P.A. 82-432, S. 5, 19; P.A. 87-51; 87-108; P.A. 88-137; P.A. 89-144, S. 12; P.A. 97-308, S. 4; June Sp. Sess. P.A. 98-1, S. 58, 121; P.A. 09-192, S. 2; P.A. 11-51, S. 90; P.A. 13-146, S. 1; 13-247, S. 200; P.A. 17-96, S. 24; P.A. 24-71, S. 1.)

History: P.A. 77-614 replaced department and commissioner of public works with department and commissioner of public safety, deleted provision re appointment for three-year terms, reduced architect, engineer and builder membership by one representative in each category and held these memberships for public members and deleted provision re committee's election of chairman, effective January 1, 1979; P.A. 78-303 replaced department and commissioner of public works with department and commissioner of administrative services for period between June 6, 1978 and January 1, 1979; P.A. 79-560 cleared confusion re power to appoint members by deleting reference to appointments by state fire marshal and specified that engineer members practice one of listed specialties but prohibited both from practicing same specialty; P.A. 80-483 made technical changes; P.A. 82-432 changed committee name from “state building code standards” to “codes and standards” committee, increased membership from 9 to 14, adding one professional engineer, one building official, one public member and two local fire marshals, required that one engineer member be a practicing fire protection engineer and specified when failure to attend meeting is deemed to be resignation; Sec. 19-395f transferred to Sec. 29-251 in 1983; P.A. 87-51 required the committee to work with the state fire marshal in enforcing part II of this chapter and permitted the appointment of a mechanical engineer with experience in fire protection; P.A. 87-108 increased membership of codes and standards committee from 14 to 15, adding one public member who shall have expertise in handicapped accessibility matters; P.A. 88-137 increased membership from 15 to 17, adding another licensed architect and a laborer in building construction; P.A. 89-144 substituted the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 97-308 increased membership of builders or superintendents by one and specified their expertise in type of construction, substituted member of a national building trades labor organization for a laborer and reduced public members from five to four; June Sp. Sess. P.A. 98-1 specified that regulations re committee procedures shall be adopted in accordance with the provisions of chapter 54, effective June 24, 1998; P.A. 09-192 increased committee's membership to 18, added Subdiv. designators (1) to (9), required member with energy efficiency expertise in Subdiv. (8), and made technical changes, effective July 8, 2009; pursuant to P.A. 11-51, “Commissioner of Public Safety” and “Department of Public Safety” were changed editorially by the Revisors to “Commissioner of Construction Services” and “Department of Construction Services”, respectively, effective July 1, 2011; P.A. 13-146 increased membership of committee from 18 to 21 and added Subdiv. (10) re licensed electrical work contractor or member of electrical trades labor organization, Subdiv. (11) re licensed plumbing and piping work contractor or member of plumbing trades labor organization and Subdiv. (12) re licensed heating, piping and cooling work contractor or member of heating and cooling trades labor organization; pursuant to P.A. 13-247, “Commissioner of Construction Services” and “Department of Construction Services” were changed editorially by the Revisors to “Commissioner of Administrative Services” and “Department of Administrative Services”, respectively, effective July 1, 2013; P.A. 17-96 amended Subdiv. (9) to delete provision re selection from list of names submitted by Office of Protection and Advocacy for Persons with Disabilities and, to replace reference to physically disabled with reference to persons with physical disabilities, effective July 1, 2017; P.A. 24-71 increased membership of committee from 21 to 23 by revising requirements for membership in Subdiv. (3) including by adding reference to remodelers, and made a technical change, effective May 30, 2024.

See Sec. 4-9a for definition of “public member”.

Cited. 18 CA 40.

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Conn. Gen. Stat. § 29-252

Sec. 29-252b. Procedure for adoption and amendment of State Building Code. (a) For the purposes of this section, “proposed code” means a proposal by the State Building Inspector and the Codes and Standards Committee for a new State Building Code or for a change in, addition to or repeal of any provision of the State Building Code.

(b) Notwithstanding the provisions of chapter 54, the adoption of the State Building Code and any amendments thereto shall not be required to comply with the provisions of chapter 54, except as provided in this section.

(c) Prior to the adoption of the State Building Code and any amendments thereto, the State Building Inspector shall (1) post any proposed code, a statement of purpose for which the proposed code is proposed, a fiscal note associated with compliance with the proposed code prepared pursuant to section 4-168, and a regulatory flexibility analysis prepared pursuant to section 4-168a on the Internet web site of the Department of Administrative Services, (2) give notice electronically to the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, (3) give notice to any person who has requested the State Building Inspector for advance notice of its proposed code adoption proceedings, (4) provide for a public comment period of forty-five days following the posting of such proposed code, fiscal note and regulatory flexibility analysis, and (5) hold a public hearing on the proposed code not less than twenty nor more than thirty-five days after such posting.

(d) After the close of the public comment period, the State Building Inspector and the Codes and Standards Committee shall respond to each written and oral comment respecting the proposed code received during the public comment period and at the public hearing. Such response shall include any change made to the proposed code if applicable, and the rationale for such change. The State Building Inspector shall post such response on the Internet web site of the Department of Administrative Services not later than thirty days after the close of the public comment period.

(e) The State Building Inspector and the Codes and Standards Committee shall create and maintain a code-making record for each proposed code, submit such code-making record electronically to the standing legislative regulation review committee and the joint standing committee of the General Assembly having cognizance of matters relating to public safety and security, and post such code-making record on the Internet web site of the Department of Administrative Services. Such code-making record shall include, but need not be limited to: (1) The final wording of the proposed code in a format consistent with a nationally recognized model building code, (2) the fiscal note prepared pursuant to subsection (c) of this section, (3) the regulatory flexibility analysis prepared pursuant to subsection (c) of this section, (4) all written and oral comments received during the public comment period, and (5) the response to such comments prepared pursuant to subsection (d) of this section.

(f) The standing legislative regulation review committee shall have not more than forty-five days from the date the code-making record is submitted to the committee pursuant to subsection (e) of this section to convene a meeting to approve, disapprove or reject without prejudice the proposed code, in whole or in part. If the proposed code is withdrawn, the State Building Inspector shall resubmit the proposed code and the committee shall have not more than forty-five days from the date of such resubmittal to convene a meeting to approve, disapprove or reject without prejudice the resubmitted proposed code. If the committee notifies the State Building Inspector in writing that it is waiving its right to convene a meeting or does not act on a proposed code or a resubmitted proposed code, as the case may be, within such forty-five-day period, the proposed code or resubmitted proposed code shall be deemed to be approved by the committee.

(g) If the committee disapproves a proposed code, in whole or in part, the committee shall notify the State Building Inspector of the disapproval and the reasons for the disapproval. The State Building Inspector shall not take any action to implement such disapproved code, except that the State Building Inspector may submit a substantively new proposed code in accordance with the provisions of this section, provided the General Assembly may reverse such disapproval in accordance with the provisions of section 4-171.

(h) If the committee rejects a proposed code without prejudice, in whole or in part, the committee shall notify the State Building Inspector of the reasons for the rejection and the State Building Inspector shall resubmit the proposed code in revised form to the committee not later than thirty days after the date of rejection without prejudice. Each resubmission of the proposed code under this subsection shall include a summary of any revisions to the proposed code. The committee shall have not more than forty-five days after the receipt of the resubmittal to review and take action on such resubmitted proposed code in the same manner as provided in subsection (f) of this section.

(i) The State Building Code or any amendment thereto approved or deemed approved by the committee pursuant to subsection (f) of this section is effective and enforceable against any person or party upon its posting on the Internet web site of the Department of Administrative Services, except that: (1) If a later date is required by statute or specified in the code, the later date is the effective date, and (2) a code may not be effective before the effective date of the public act requiring or permitting the code. Such posting shall include a statement by the State Building Inspector certifying that the electronic copy of the code is a true and accurate copy of the code approved or deemed approved in accordance with subsection (f) of this section. The electronic copy of the State Building Code posted on the Internet web site of the Department of Administrative Services shall be the official version for all purposes, including all legal and administrative proceedings.

(j) No provision of the State Building Code or any amendment thereto adopted after May 31, 2016, is valid unless adopted in substantial compliance with the requirements of this section. A proceeding to contest any provision of the code on the ground of noncompliance with the requirements of this section shall be commenced within two years from the effective date of the code.

(k) The State Building Inspector shall advise the public concerning how to obtain a copy of the State Building Code and any amendments thereto.

(P.A. 16-215, S. 1.)

History: P.A. 16-215 effective May 31, 2016.

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Conn. Gen. Stat. § 29-252.

Sec. 29-252. (Formerly Sec. 19-395). State Building Code: Adoption, revision and amendments. State Building Inspector: Appointment; interpretations of code. Appeal. (a)(1) The State Building Inspector and the Codes and Standards Committee shall, jointly, with the approval of the Commissioner of Administrative Services and in accordance with the provisions of section 29-252b, adopt and administer a State Building Code based on a nationally recognized model 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 as deemed necessary to incorporate any subsequent revisions to the code not later than eighteen months following the date of first publication of such subsequent revisions to the code. 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, including provisions for electric circuits capable of supporting electric vehicle charging in any newly constructed residential garage in any code adopted after July 8, 2013. Said Building Code includes any code, rule or regulation incorporated therein by reference. As used in this subsection, “geotechnical” means any geological condition, such as soil and subsurface soil condition, which may affect the structural characteristics of a building or structure.

(2) In adopting amendments to the State Building Code pursuant to subdivision (1) of this subsection, the State Building Inspector, the Codes and Standards Committee and the Commissioner of Administrative Services shall consider that the housing shortage in the state compromises the safety of residents who cannot afford a safe home, and any such amendments shall encourage production of buildings that include safe housing and can be constructed at a reasonable cost.

(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.

(1949 Rev., S. 4106; 1957, P.A. 13, S. 87; 1961, P.A. 287; 1967, P.A. 349, S. 1; 845; 1969, P.A. 443, S. 1; P.A. 77-614, S. 495, 610; P.A. 78-303, S. 16, 136; P.A. 79-311; P.A. 82-432, S. 2, 19; P.A. 88-359, S. 1, 12; P.A. 89-255, S. 1, 7; P.A. 97-308, S. 5; P.A. 04-59, S. 2; P.A. 11-51, S. 90; P.A. 12-204, S. 4; P.A. 13-247, S. 200; 13-298, S. 45; P.A. 16-193, S. 10; 16-215, S. 5; P.A. 24-151, S. 116.)

History: 1961 act provided for automatic application of amendments to municipalities; 1967 acts provided for a state building inspector as the agent for purposes of the section instead of the public works commissioner and stated that adoption of code includes adoption of “code, rule or regulation incorporated therein by reference”; 1969 act included state building code standards committee, deleted provisions re adoption of code and amendments by ordinance by towns, cities or boroughs and rephrased statement re adoption of code, rule or regulation referred to in state building code; P.A. 77-614 replaced public works commissioner and department with department and commissioner of public safety, effective January 1, 1979; P.A. 78-303 replaced public works commissioner and department with administrative services commissioner and department for period between June 6, 1978 and January 1, 1979; P.A. 79-311 provided that code promote and ensure design and construction of energy-conserving buildings and the use of renewable resources; P.A. 82-432 replaced state building code standards committee with codes and standards committee; Sec. 19-395 transferred to Sec. 29-252 in 1983; P.A. 88-359 designated existing section as Subsec. (a), amending same to require revision of code not later than July 1, 1989, to incorporate necessary 1988 B.O.C.A. revisions and not more than every four years thereafter to incorporate later revisions and to make necessary technical changes, and added Subsec. (b) re appointment and qualification of state building inspector, Subsec. (c) authorizing state building inspector or his designee to issue official interpretations of the code upon request and requiring the compiling, indexing and publishing of interpretations, and Subsec. (d) requiring state building inspector or his designee to review interpretations of code by a local building official or board of appeals when he believes code has been misconstrued or misinterpreted, and to issue interpretations of code and any appropriate order, providing a procedure for appeals; P.A. 89-255 amended Subsec. (c) to eliminate requirement of approval of the codes and standards committee for issuance of official interpretations of the state building code and amended Subsec. (d) to require state building inspector to review a decision by local building official or board of appeals, eliminating reference to review of interpretations of state building code and making technical changes as necessary; P.A. 97-308 amended Subsec. (a) to define “geotechnical”, to insert limitation for amendments made to code and to require revision of code not later than July 1, 1998, to incorporate necessary 1996 revisions by B.O.C.A., removing requirement that revisions also be incorporated not more than every four years thereafter and adding new alternative re revisions adopted by I.C.C. and a deadline for incorporating revisions; P.A. 04-59 amended Subsec. (a) to provide that code be based on a nationally recognized model building code and be revised not later than January 1, 2005, and thereafter as deemed necessary to incorporate any subsequent revisions to the code, to delete “July 1, 1998, to incorporate such revisions adopted by the Building Officials and Code Administrators International, Inc. in 1996 as they deem necessary” and provision re necessary revisions adopted by said organization or by the International Code Council, Inc., and to make a technical change, effective May 10, 2004; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (a), effective July 1, 2011; P.A. 12-204 amended Subsec. (a) to make a technical change, effective July 1, 2012; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a), effective July 1, 2013; P.A. 13-298 amended Subsec. (a) to add provision re renewable energy resources to include provisions for electric circuits capable of supporting electric vehicle charging and to make a technical change, effective July 8, 2013; P.A. 16-193 amended Subsec. (a) to make a technical change; P.A. 16-215 amended Subsec. (a) to add reference to Sec. 29-252b and to delete “not later than January 1, 2005, and thereafter”, effective May 31, 2016; P.A. 24-151 amended Subsec. (a) to designate existing provisions as Subdiv. (1) and add Subdiv. (2) re consideration of housing shortage in adopting amendments, effective June 6, 2024.

Annotation to former section 19-395:

Cited. 4 Conn. Cir. Ct. 515.

Annotation to present section:

Cited. 211 C. 690.

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Conn. Gen. Stat. § 29-253.

Sec. 29-253. (Formerly Sec. 19-395e). Code applicable to all municipalities. Ordinance governing demolition of hazardous building. (a) The State Building Code, including any amendment to said code adopted by the State Building Inspector and Codes and Standards Committee, shall be the building code for all towns, cities and boroughs.

(b) Nothing in this section shall prevent any town, city or borough from adopting an ordinance governing the demolition of buildings deemed to be unsafe. As used in this subsection, “unsafe building” means a building that constitutes a fire hazard or is otherwise dangerous to human life or the public welfare.

(1969, P.A. 443, S. 3; P.A. 82-269, S. 1, 2; 82-432, S. 4, 19; 82-451, S. 7, 9; P.A. 83-187, S. 2; P.A. 97-320, S. 10, 11.)

History: P.A. 82-269 added Subsec. (b) permitting adoption of ordinance re demolition of hazardous buildings; P.A. 82-432 changed committee's name; P.A. 82-451 added Subsec. (c) which allows a municipality to adopt an ordinance imposing a waiting period prior to demolition; Sec. 19-395e transferred to Sec. 29-253 in 1983; P.A. 83-187 deleted Subsec. (c) concerning waiting periods prior to demolition; P.A. 97-320 amended Subsec. (b) by changing reference from hazardous buildings to buildings deemed to be unsafe and by defining “unsafe building”, effective July 1, 1997.

Cited. 192 C. 207; 225 C. 575.

Cited. 13 CA 1.

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Conn. Gen. Stat. § 29-254

Sec. 29-254b. List of variations or exemptions from, or equivalent or alternate compliance with, code. Not later than January 1, 2003, the State Building Inspector and the Codes and Standards Committee, in conjunction with the Commissioner of Administrative Services, shall create a list of variations or exemptions from, or equivalent or alternate compliance with, the State Building Code granted relative to existing buildings in the last two calendar years and shall update such list biennially. Not later than April 1, 2003, the Commissioner of Administrative Services shall, within available appropriations, (1) publish such list on the Internet web site of the Department of Administrative Services, and (2) educate local building officials and the public on how to use the list.

(P.A. 02-72, S. 1; P.A. 11-51, S. 90; P.A. 13-247, S. 200; P.A. 22-118, S. 407.)

History: Pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Construction Services”, effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services”, effective July 1, 2013; P.A. 22-118 deleted former Subdivs. (1) and (2) re sending list to all local building officials and taking appropriate actions to publicize list, respectively, adding new Subdiv. (1) re publishing of list on Internet web site of department and redesignating existing Subdiv. (3) as Subdiv. (2), effective July 1, 2022.

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Conn. Gen. Stat. § 29-254.

Sec. 29-254. (Formerly Sec. 19-395g). Amendments to code. Variations and exemptions. (a) Any town, city or borough or any interested person may propose amendments to the State Building Code, which proposed amendments may be either applicable to all municipalities or, where it is alleged and established that conditions exist within a municipality which are not generally found within other municipalities, any such amendment may be restricted in application to such municipality. Each amendment to the State Building Code shall be adopted in accordance with the provisions of section 29-252b.

(b) The State Building Inspector may grant variations or exemptions from, or approve equivalent or alternate compliance with, the State Building Code where strict compliance with the code would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided the intent of the law shall be observed and public welfare and safety be assured. Any application for a variation or exemption or equivalent or alternate compliance received by a local building official shall be forwarded to the State Building Inspector by first class mail not later than fifteen business days after receipt by such local building official and shall be accompanied by a letter from such local building official that shall include comments on the merits of the application. Any such determination by the State Building Inspector shall be in writing. Any person aggrieved by any decision of the State Building Inspector may appeal to the Codes and Standards Committee not later than thirty days after mailing of the decision. Any person aggrieved by any ruling of the Codes and Standards Committee may appeal to the superior court for the judicial district wherein the premises concerned are located.

(1969, P.A. 443, S. 4; P.A. 77-614, S. 497, 610; P.A. 78-303, S. 18, 136; P.A. 82-432, S. 6, 19; P.A. 88-129; 88-359, S. 11, 12; P.A. 99-163, S. 3; P.A. 02-72, S. 3; P.A. 09-177, S. 2; P.A. 16-215, S. 8.)

History: P.A. 77-614 made approval of amendment by building inspector and code standards committee further subject to approval by commissioner of public safety, effective January 1, 1979; P.A. 78-303 made approval of amendment subject to approval by commissioner of administrative services for period between June 6, 1978 and January 1, 1979; P.A. 82-432 replaced state building code standards committee with codes and standards committee and added Subsec. (b) re grant of variations or exemption and equivalent or alternate compliance; Sec. 19-395g transferred to Sec. 29-254 in 1983; P.A. 88-129 amended Subsec. (a) to require that each amendment to the state building code be adopted in accordance with chapter 54 and to delete other procedural requirements concerning adoption of proposed amendments; P.A. 88-359 amended Subsec. (b) to solely authorize state building inspector to grant variations or exemptions from the code thus eliminating the authority of the codes and standards committee, to require that state building inspector's determination be in writing and to provide an appeals procedure; P.A. 99-163 amended Subsec. (b) by deleting requirement that notifications re decisions on modifications be sent by registered mail; P.A. 02-72 amended Subsec. (b) to specify procedure for forwarding of application for variation or exemption or equivalent or alternate compliance received by local building officials to the State Building Inspector, to delete reference to applications for a modification of the code and to make technical changes; P.A. 09-177 made technical changes and increased time re appeal to committee from 14 to 30 days in Subsec. (b); P.A. 16-215 amended Subsec. (a) by replacing reference to Ch. 54 with reference to Sec. 29-252b, effective May 31, 2016.

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Conn. Gen. Stat. § 29-256

Sec. 29-256f. Amendments to State Building Code and Fire Safety Code re residential occupancies served by single exit stairway and three-unit and four-unit residential buildings. The State Building Inspector and the Codes and Standards Committee shall, jointly, with the approval of the Commissioner of Administrative Services, in accordance with the provisions of section 29-252b, include in the amendments to the State Building Code next adopted after June 6, 2024, and the State Fire Marshal and the Codes and Standards Committee shall, in accordance with section 29-292a, include in the amendments to the Fire Safety Code next adopted after June 6, 2024, provisions that:

(1) Allow additional residential occupancies to be served safely by a single exit stairway, in such a way as to:

(A) Be consistent with safe occupancy and egress;

(B) Consider the experience of the cities of Seattle, New York City and Honolulu in implementing similar provisions;

(C) Apply to municipalities in which the fire service is sufficient to maintain safe occupancy and egress under such additional occupancies, if appropriate;

(D) Promote the inclusion of units with three or more bedrooms in building designs to promote construction of family-sized units, especially on smaller lots; and

(E) Allow additional stories above grade plane to be served by a single exit stairway in a building with an automatic sprinkler system, under such conditions as to ensure safe occupancy and egress. Such conditions may include, but need not be limited to, additional levels of fire and smoke separation and any features necessary to allow for firefighters to ascend a stair as occupants descend; and

(2) Encourage construction of safe three-unit and four-unit residential buildings, which shall:

(A) Be consistent with safe occupancy and egress; and

(B) Include three-unit and four-unit residential buildings in the International Residential Code portion of the Connecticut State Building Code, or otherwise provide for requirements for three-unit and four-unit residential buildings in the International Building Code portion of the Connecticut State Building Code similar to those for one-unit and two-unit residential buildings in the International Residential Code portion of the Connecticut State Building Code, under such conditions as to ensure safe occupancy and egress.

(P.A. 24-151, S. 117.)

History: P.A. 24-151 effective June 6, 2024.

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Conn. Gen. Stat. § 29-256.

Sec. 29-256. (Formerly Sec. 19-395q). Revision of Building and Fire Safety Codes. Rehabilitation subcode. Regulations. (a) In order to make the State Building Code and the Fire Safety Code more responsive to present economic conditions, to promote reduction in the cost of construction of homes and other buildings, thereby creating more jobs in the construction industry and promoting home ownership, as well as to enable the citizens of the state to realize the benefits of the latest technology in energy conservation in the design and construction of homes and other buildings, the State Building Inspector and Codes and Standards Committee, in conjunction with the Commissioner of Administrative Services, shall thoroughly review and revise the State Building Code and the Fire Safety Code, with an emphasis on performance rather than design specifications. In the course of such review, the State Building Inspector and the Codes and Standards Committee shall develop a rehabilitation subcode. The provisions of such subcode shall include, but not be limited to, the identification and standardization of economically feasible rehabilitation standards and modifications that ensure the public health, safety and welfare, and protect the environment. Such subcode shall be included in any revision of the State Building Code.

(b) Not later than January 1, 2005, the commissioner shall adopt regulations, in accordance with the provisions of sections 29-252b and 29-292a, to implement the provisions of this section.

(P.A. 77-512, S. 1, 5; 77-614, S. 73, 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 80-417; P.A. 82-432, S. 7, 19; June Sp. Sess. P.A. 98-1, S. 59, 121; P.A. 03-184, S. 8; P.A. 11-8, S. 17; 11-51, S. 90; P.A. 13-247, S. 200; P.A. 16-215, S. 9.)

History: P.A. 77-614 replaced commissioner of public works with commissioner of administrative services, but reference was dropped altogether in 1979 edition of statutes, presumably by authority of P.A. 78-303 to achieve conformity with Secs. 19-395, 19-395f and 19-395g, and, effective January 1, 1979, replaced commissioner of state police with commissioner of public safety; P.A. 80-417 required development of separate standards by building inspector and code standards committee and required their inclusion in building code revisions; P.A. 82-432 amended section to reflect merger of fire safety code standards committee and state building code standards committee into single codes and standards committee; Sec. 19-395q transferred to Sec. 29-256 in 1983; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998; P.A. 03-184 designated existing provisions as Subsec. (a) and amended said Subsec. by replacing requirement for separate Building Code standards for rehabilitation of buildings with provisions re rehabilitation subcode, and added Subsec. (b) re adoption of regulations; P.A. 11-8 made technical changes in Subsec. (a), effective May 24, 2011; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (a), effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a), effective July 1, 2013; P.A. 16-215 amended Subsec. (b) by replacing reference to Ch. 54 with reference to Secs. 29-252b and 29-292a, effective May 31, 2016.

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Conn. Gen. Stat. § 29-259.

Sec. 29-259. (Formerly Sec. 19-395t). Exemption from code for urban homesteading property and historic structures. (a) The State Building Inspector and the Codes and Standards Committee shall revise the State Building Code to allow exemptions from the State Building Code for property acquired by an urban homesteading agency, pursuant to section 8-169r, and transferred to a qualified applicant pursuant to section 8-169s, and for historic structures, as defined in section 10-410, which have been classified as such in the state register of historic places, to encourage participation in urban homesteading programs and the restoration and preservation of historic places; provided such exemptions shall not affect the safe design, use or construction of such property.

(b) Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector and the Codes and Standards Committee to modify or set aside standards for historic buildings incorporated in the State Building Code. The State Building Inspector shall, within seven days of receipt of any such application, forward a copy of such application to the Commissioner of Economic and Community Development. Said commissioner shall, within thirty days of receipt, review such application and make such written recommendations as the commissioner deems appropriate to the State Building Inspector and the Codes and Standards Committee concerning the disposition of such application. The recommendation of the commissioner shall be part of the records and documents of the State Building Inspector concerning such application. The State Building Inspector and the Codes and Standards Committee shall consider such written recommendations when acting upon such application and may set aside or modify an individual standard or specification when they jointly determine that such standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question and where alternative methods and materials have been proposed to maintain certain features. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard or specification, a copy of such determination shall be sent to the commissioner. The State Building Inspector shall electronically publish such determination on the Internet web site of the Department of Administrative Services.

(c) Regulations or codes made or amended by authority of this section shall be adopted in accordance with the provisions of section 29-252b.

(d) If any regulation made or amended by authority of this section is set aside by a court, such ruling shall affect only the regulation, standard or specification included in the ruling and all other regulations, standards or specifications shall remain in effect.

(P.A. 77-318; P.A. 79-607, S. 14; P.A. 80-483, S. 82, 186; P.A. 82-432, S. 8, 19; June Sp. Sess. P.A. 98-1, S. 60, 121; June 30 Sp. Sess. P.A. 03-6, S. 210(e); P.A. 04-20, S. 3; 04-205, S. 5; May Sp. Sess. P.A. 04-2, S. 30; P.A. 11-48, S. 172; P.A. 16-215, S. 11; P.A. 17-96, S. 26.)

History: P.A. 79-607 inserted new Subsec. (b) re modification or setting aside of standards and redesignated former Subsecs. (b) and (c) accordingly; P.A. 80-483 made technical change; P.A. 82-432 replaced state building code standards committee with codes and standards committee; Sec. 19-395t transferred to Sec. 29-259 in 1983; June Sp. Sess. P.A. 98-1 changed reference in Subsec. (b) from “advocacy for the handicapped and developmentally disabled” to “advocacy for persons with disabilities”, effective June 24, 1998; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-20 replaced the Connecticut Historical Commission with the Connecticut Commission on Arts, Tourism, Culture, History and Film, effective August 20, 2003; P.A. 04-205, effective June 3, 2004, and May Sp. Sess. P.A. 04-2, effective May 12, 2004, both replaced Connecticut Commission on Arts, Tourism, Culture, History and Film with Connecticut Commission on Culture and Tourism; P.A. 11-48 amended Subsec. (b) to make technical changes and replace “director of the Connecticut Commission on Culture and Tourism” with “Commissioner of Economic and Community Development”, effective July 1, 2011; P.A. 16-215 amended Subsec. (c) to delete provision re public hearing and filing in accordance with Ch. 54 and to add reference to Sec. 29-252b, effective May 31, 2016; P.A. 17-96 amended Subsec. (b) by deleting references to Director of the Office of Protection and Advocacy for Persons with Disabilities, adding provision re publishing determination on Internet web site of Department of Administrative Services, and made technical and conforming changes, effective July 1, 2017.

Cited. 200 C. 151.

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Conn. Gen. Stat. § 29-262.

Sec. 29-262. (Formerly Sec. 19-397a). Licensure of building officials. Continuing educational programs. Suspension or revocation of license or certificate. Hearing. Appeal. Indemnification. (a) The State Building Inspector and the Codes and Standards Committee acting jointly, with the approval of the Commissioner of Administrative Services, shall require passage of a written examination and successful completion of a suitable educational program of training as proof of qualification pursuant to section 29-261 to be eligible to be a building official. No person shall act as a building official for any municipality until the State Building Inspector, upon a determination of qualification, issues a license to such person, except that a license shall not be required (1) in the case of a person certified prior to January 1, 1984, or (2) in the case of a provisional appointment, for a period not to exceed ninety days in order to complete such training program and licensure classes, made in accordance with standards established in regulations adopted by the State Building Inspector and the Codes and Standards Committee in accordance with the provisions of chapter 54. The State Building Inspector and the Codes and Standards Committee, with the approval of the Commissioner of Administrative Services, shall adopt regulations, in accordance with chapter 54, to (A) establish classes of licensure that will recognize the varying complexities of code enforcement in the municipalities within the state, and (B) require continuing educational programs for each such class that shall include basic requirements for each such program and a system of control and reporting. Any licensed or certified building official or inspector who wishes to retire his or her license or certificate may apply to the office of the State Building Inspector to have such license or certificate retired and be issued a certificate of emeritus. Such retired official or inspector may no longer hold himself or herself out as a licensed or certified official or inspector.

(b) The State Building Inspector shall prepare and conduct or approve continuing educational programs designed to train and assist building officials in carrying out the duties and responsibilities of their office. Such educational programs shall be in addition to the program specified under subsection (a) of this section and shall consist of not less than ninety hours of training over consecutive three-year periods. Each building official shall attend such training programs and present proof of successful completion to the State Building Inspector. The State Building Inspector may, after notice and opportunity for hearing, revoke any license issued under the provisions of subsection (a) of this section or any certificate issued prior to January 1, 1984, for failure on the part of any building official to present such proof.

(c) The fees for the educational programs of training required in subsections (a) and (b) of this section and the cost of textbooks for such programs shall be paid from the education fee assessed pursuant to section 29-263. Any person may participate in the educational programs specified under subsection (b) of this section at his own expense where space is available.

(d) The Codes and Standards Committee may suspend or revoke the license or certificate of any building official who fails to faithfully perform the duties of his office. No such building official may have his license or certificate suspended or revoked unless he has been given notice in writing of the specific grounds for such action and an opportunity to be heard in his own defense, personally or by counsel, at a hearing before the Codes and Standards Committee. Such hearing shall be held in accordance with the provisions of chapter 54. Any such building official may appeal such suspension or revocation to the Superior Court in accordance with the provisions of section 4-183. Said court shall review the record of such hearing and, if it appears upon the hearing on the appeal that testimony is necessary for an equitable disposition of the appeal, it may take evidence or appoint a referee or a committee to take such evidence as it may direct and report the same to the court with his or its findings of fact, which report shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may affirm the action of the Codes and Standards Committee or may set the same aside if it finds that such committee acted illegally or in the abuse of its discretion.

(e) For purposes of indemnification of any building official against any losses, damages or liabilities arising out of the performance of his official duties, the building official shall be deemed to be acting for the municipality in which he was appointed.

(1969, P.A. 443, S. 7; P.A. 77-614, S. 498, 610; P.A. 78-303, S. 19, 136; P.A. 82-432, S. 9, 19; P.A. 86-372, S. 2; P.A. 87-105; P.A. 88-359, S. 3, 12; P.A. 89-255, S. 3, 7; P.A. 91-117, S. 1, 2; P.A. 04-150, S. 1; P.A. 11-51, S. 90; P.A. 13-247, S. 200.)

History: P.A. 77-614 replaced public works commissioner with commissioner of public safety, effective January 1, 1979; P.A. 78-303 replaced public works commissioner with commissioner of administrative services for period between June 6, 1978 and January 1, 1979; P.A. 82-432 replaced building code standards committee with codes and standards committee, required that building official pass examination and successfully complete educational program where previously one of the two was sufficient and replaced certification procedure with licensure procedure as specified; Sec. 19-397a transferred to Sec. 29-262 in 1983; P.A. 86-372 divided section into Subsecs., required municipalities to pay fees associated with training programs and added provision re indemnification; P.A. 87-105 amended Subsec. (a), providing an exemption from licensure in the case of a provisional appointment made according to standards established in regulations and deleting reference to “initial” appointment; P.A. 88-359 amended Subsec. (a)(2) re provisional appointment to delete reference to minimum period of time necessary, substituting in lieu thereof, a period not to exceed 90 days, inserted new provisions in Subsec. (b) requiring continuing education for local building officials, consisting of a minimum of 90 hours over three years and revocation of licensure for failure to complete such educational programs and relettered remaining Subsecs., inserting in Subsec. (c) provision authorizing any person to participate in educational programs in Subsec. (b) at own expense where space is available; P.A. 89-255 amended Subsec. (b) to clarify that the educational program be of a continuing nature and inserted new Subsec. (d) relative to the suspension or revocation of a local building official's license for failure to perform duties of his office, relettering former Subsec. (d) as (e); P.A. 91-117 amended Subsec. (b) to permit state building inspector to revoke any certificate issued prior to January 1, 1984, for building official's failure to present proof of successful completion of continuing educational programs and Subsec. (d) to permit codes and standards committee to suspend or revoke certificate of any such official who fails to faithfully perform official duties; P.A. 04-150 amended Subsec. (a) to require adoption of regulations to establish classes of licensure that recognize varying complexities of code enforcement in municipalities and to require continuing educational programs for each such class that shall include basic requirements for each such program and a system of control and reporting, and to authorize application by any licensed or certified building official or inspector who wishes to retire his or her license or certificate to the State Building Inspector to have such license or certificate retired and to be issued a certificate of emeritus, amended Subsec. (b) to make a technical change, and amended Subsec. (c) to eliminate responsibility of each municipality for full payment of fees for educational programs of training and to require that such fees be paid from the education fee assessed pursuant to Sec. 29-263; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (a), effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (a), effective July 1, 2013.

See Sec. 29-251b re Building Code Training Council.

Cited. 219 C. 217.

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Conn. Gen. Stat. § 29-263.

Sec. 29-263. (Formerly Sec. 19-398). Permit to construct or alter. Education fee. Building permit fee exemptions. (a) Except as provided in subsection (h) of section 29-252a and the State Building Code adopted pursuant to subsection (a) of section 29-252, 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 application shall be filed in person, by mail or electronic mail, in a manner prescribed by the building official. 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 the owner's authorized agent. No permit shall be issued to a contractor who is required to be registered pursuant to chapter 400, for work to be performed by such contractor, unless the name, business address and Department of Consumer Protection registration number of such contractor is clearly marked on the application for the permit, and the contractor has presented such contractor's certificate of registration as a home improvement contractor. 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 such license or registration, 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 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 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 Administrative Services, for deposit in the General Fund. Upon deposit in the General Fund, the amount of such fees shall be credited to the appropriation to the Department of Administrative Services and shall be used for the code training and educational programs established pursuant to section 29-251c and the educational programs required in subsections (a) and (b) of section 29-262. On and after July 1, 2000, the assessment shall be made in accordance with regulations adopted pursuant to subsection (d) of section 29-251c. 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 portion of such fees which may be retained by a local building department shall be determined in accordance with regulations adopted pursuant to subsection (d) of section 29-251c. No building official shall assess such education fee on a building permit application to repair or replace a concrete foundation that has deteriorated due to the presence of pyrrhotite.

(c) Any municipality may, by ordinance adopted by its legislative body, exempt Class I renewable energy source projects from payment of building permit fees imposed by the municipality.

(d) Notwithstanding any municipal charter, home rule ordinance or special act, no municipality shall collect an application fee on a building permit application to repair or replace a concrete foundation that has deteriorated due to the presence of pyrrhotite.

(e) Notwithstanding any municipal charter, home rule ordinance or special act, no municipality shall collect any fee for a building permit application for the construction or substantial rehabilitation of (1) an eligible workforce housing opportunity development project, as defined in section 8-395a, or (2) a workforce housing development project, as defined in section 8-395.

(1949 Rev., S. 4109; 1969, P.A. 443, S. 8; 1971, P.A. 802, S. 6; P.A. 82-432, S. 10, 19; P.A. 85-195, S. 2; P.A. 86-372, S. 3; P.A. 90-230, S. 51, 101; P.A. 93-435, S. 9, 23, 95; P.A. 98-233, S. 4, 8; P.A. 99-209, S. 3, 4; P.A. 00-60; June 30 Sp. Sess. P.A. 03-6, S. 146(d); P.A. 04-150, S. 2; 04-169, S. 17; 04-189, S. 1; P.A. 07-110, S. 5; P.A. 11-8, S. 20; 11-51, S. 90; 11-80, S. 128; P.A. 13-247, S. 200; June Sp. Sess. P.A. 17-2, S. 339; June Sp. Sess. P.A. 21-2, S. 173; P.A. 23-207, S. 31.)

History: 1969 act initiated permit requirement “after October 1, 1970” rather than “after the adoption of the state building code by any municipality” and added provisions requiring action on application within 30 days of its submission and requiring application by builder except where owner or his agent is applicant; 1971 act required application by owner or his agent in all cases, builder no longer acceptable as applicant; P.A. 82-432 added provisions re review of building plans by building official and local fire marshal prior to issuance of permit; Sec. 19-398 transferred to Sec. 29-263 in 1983; P.A. 85-195 exempted state agencies from permit requirement; P.A. 86-372 specifically required review of plans within 30-day period and required plans to substantially comply with state building and fire codes; P.A. 90-230 corrected an internal reference; P.A. 93-435 provided that plans to be reviewed include plans prepared by architects, professional engineers or interior designers and made a technical change in reference to Sec. 29-252a to correct subsection cite, effective June 28, 1993; P.A. 98-233 designated existing provisions as Subsec. (a) adding reference to the State Building Code adopted pursuant to Sec. 29-252(a), and added new Subsec. (b) re assessment of education fees, effective July 1, 1999; P.A. 99-209 amended Subsec. (b) by specifying that the education fees deposited in the General Fund be credited to the Department of Public Safety for code training and educational programs, effective July 1, 1999; P.A. 00-60 amended Subsec. (a) by adding requirements for application information and for proof of contractor's certificate of registration to be presented prior to permit issuance and by making technical changes for purposes of gender neutrality; June 30 Sp. Sess. P.A. 03-6 and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-150 amended Subsec. (b) to require education fee to be used for the educational programs required in Sec. 29-262 (a) and (b); P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-110 made a technical change in Subsec. (b); P.A. 11-8 made technical changes in Subsec. (a), effective May 24, 2011; pursuant to P.A. 11-51, “Department of Public Safety” was changed editorially by the Revisors to “Department of Construction Services” in Subsec. (b), effective July 1, 2011; P.A. 11-80 added Subsec. (c) re fee exemption for Class I renewable energy source projects, effective July 1, 2011; pursuant to P.A. 13-247, “Department of Construction Services” was changed editorially by the Revisors to “Department of Administrative Services” in Subsec. (b), effective July 1, 2013; June Sp. Sess. P.A. 17-2 amended Subsec. (b) to add provision re waiver of education fee on permit application to repair or replace concrete foundation that has deteriorated due to pyrrhotite, and added Subsec. (d) re municipality not to collect application fee on permit application to repair or replace such foundation, effective October 31, 2017; June Sp. Sess. P.A. 21-2 amended Subsec. (a) by specifying that applications shall be filed in person, by mail or electronic mail; P.A. 23-207 added Subsec. (e) re building permit application fee exemption for certain workforce housing development projects, effective June 1, 2024.

See Sec. 20-417a(8) re new home construction.

Annotation to former section 19-398:

Where a building permit has been properly obtained, it may not arbitrarily be revoked, particularly where on the faith of it the owner has incurred material expense and substantial liabilities. 23 CS 461.

Annotations to present section:

Cited. 10 CA 581; 18 CA 40. Actual notice to defendant by state building inspector that his roof repair required permit constituted fair warning and defeated defendant's claim that section is unconstitutionally vague. 64 CA 480.

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Conn. Gen. Stat. § 29-264.

Sec. 29-264. (Formerly Sec. 19-398a). Approval of sets of building plans by State Building Inspector. Issuance of permits pursuant to such approval. The State Building Inspector may, upon application by a builder setting forth that a set of plans and specifications will be utilized in more than one municipality to acquire building permits, review and approve any set of plans and specifications for the construction or erection of any building or structure designed to provide dwelling space for not more than two families if such set of plans and specifications meet the requirements of the State Building Code. Any building official shall issue a building permit upon application by a builder and presentation to him of such a set of plans and specifications bearing the approval of the State Building Inspector if all other local ordinances are complied with. Such application may be delivered in person, by mail or electronic mail, in a manner prescribed by the building official.

(1969, P.A. 443, S. 9; June Sp. Sess. P.A. 21-2, S. 174.)

History: Sec. 19-398a transferred to Sec. 29-264 in 1983; June Sp. Sess. P.A. 21-2 added provision authorizing delivery of applications in person, by mail or electronic mail.

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Conn. Gen. Stat. § 29-266.

Sec. 29-266. (Formerly Sec. 19-402). Municipal board of appeals. Filing of appeals in absence of board of appeals. (a) A board of appeals shall be appointed by each municipality. Such board shall consist of five members, all of whom shall meet the qualifications set forth in the State Building Code. A member of a board of appeals of one municipality may also be a member of the board of appeals of another municipality.

(b) When the building official rejects or refuses to approve the mode or manner of construction proposed to be followed or the materials to be used in the erection or alteration of a building or structure, or when it is claimed that the provisions of the code do not apply or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of the code and regulations have been misconstrued or wrongly interpreted, or when the building official issues a written order under subsection (c) of section 29-261, the owner of such building or structure, whether already erected or to be erected, or his authorized agent may appeal in writing or by electronic mail, in a manner prescribed by the board of appeals, from the decision of the building official to the board of appeals. When a person other than such owner claims to be aggrieved by any decision of the building official, such person or his authorized agent may appeal, in writing or by electronic mail, in a manner prescribed by the board of appeals, from the decision of the building official to the board of appeals, and before determining the merits of such appeal the board of appeals shall first determine whether such person has a right to appeal. Upon receipt of an appeal from an owner or his representative or approval of an appeal by a person other than the owner, the chairman of the board of appeals shall appoint a panel of not less than three members of such board to hear such appeal. Such appeal shall be heard in the municipality for which the building official serves within five days, exclusive of Saturdays, Sundays and legal holidays, after the date of receipt of such appeal. Such panel shall render a decision upon the appeal and file the same with the building official from whom such appeal has been taken not later than five days, exclusive of Saturdays, Sundays and legal holidays, following the day of the hearing thereon. A copy of such decision shall be mailed, prior to such filing, to the party taking such appeal. Any person aggrieved by the decision of a panel may appeal to the Codes and Standards Committee within fourteen days after the filing of the decision with the building official. Any determination made by the local panel shall be subject to review de novo by said committee.

(c) If, at the time that a building official makes a decision under subsection (b) of this section, there is no board of appeals for the municipality in which the building official serves, a person who claims to be aggrieved by such decision may submit an appeal to the chief executive officer of such municipality. Such appeal may be made in writing or by electronic mail, in a manner prescribed by the chief executive officer. If, within five days, exclusive of Saturdays, Sundays and legal holidays, after the date of receipt of such appeal by such officer, the municipality fails to appoint a board of appeals from among either its own residents or residents of other municipalities, such officer shall file a notice of such failure with the building official from whom the appeal has been taken and, prior to such filing, mail a copy of the notice to the person taking the appeal. Such person may appeal the decision of the building official to the Codes and Standards Committee within fourteen days after the filing of such notice with the building official. If the municipality succeeds in appointing a board of appeals, the chief executive officer of the municipality shall immediately transmit the written appeal to such board, which shall review the appeal in accordance with the provisions of subsection (b) of this section.

(d) Any person aggrieved by any ruling of the Codes and Standards Committee may appeal to the superior court for the judicial district where such building or structure has been or is being erected.

(1949 Rev., S. 4113; 1969, P.A. 443, S. 12; 1971, P.A. 802, S. 9; P.A. 76-436, S. 391, 681; P.A. 78-280, S. 1, 127; P.A. 82-432, S. 14, 19; P.A. 85-321, S. 2, 3; P.A. 92-164, S. 2; P.A. 93-78; P.A. 04-150, S. 5; June Sp. Sess. P.A. 21-2, S. 175.)

History: 1969 act rephrased provisions establishing board of appeals, set membership at five and allowed members to serve on more than one board, allowed appeals by owners of buildings “whether already erected or to be erected”, added provisions re hearings by panel, to be followed by appeals to state building code standards committee and then to court of common pleas, replacing provision for appeals from board of appeals directly to court of common pleas; 1971 act added provisions concerning appeals by persons other than owners; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 82-432 replaced state building code standards committee with codes and standards committee; Sec. 19-402 transferred to Sec. 29-266 in 1983; P.A. 85-321 divided the section into Subsecs., inserting new language in Subsec. (c), specifying a procedure for filing of appeals in the absence of a municipal board of appeals; P.A. 92-164 amended Subsec. (b) to authorize the board to hear appeals on citations issued by the building inspector concerning improper licensure of persons at a construction site; P.A. 93-78 amended Subsecs. (b) and (c) to extend, from 7 to 14 days, the time within which an appeal may be made to codes and standards committee; P.A. 04-150 amended Subsec. (b) to delete “the permit, in whole or in part, having been refused by the building official,”; June Sp. Sess. P.A. 21-2 amended Subsec. (b) by authorizing the making of appeals by electronic mail, and Subsec. (c) by authorizing the making of appeals in writing or by electronic mail and making a conforming change.

Annotations to former section 19-402:

Cited. 162 C. 73; 174 C. 195; 175 C. 415; 176 C. 475; 185 C. 145.

Annotations to present section:

Cited. 18 CA 40; 24 CA 44.

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Conn. Gen. Stat. § 29-269.

Sec. 29-269. (Formerly Sec. 19-395a). Standards for construction of buildings to accommodate persons with physical disabilities. (a) The State Building Inspector and the Codes and Standards Committee shall revise the State Building Code to be in substantial compliance with the provisions of the Americans with Disabilities Act of 1990, as amended, 42 USC 12101 and the Fair Housing Amendments Act of 1988, as amended, 42 USC 3600. The provisions of this subsection and the State Building Code as from time to time revised pursuant to this section shall control the design, construction and arrangement of all buildings and building elements, constructed under permits issued on or after October 1, 1975, and all buildings or building elements constructed or substantially renovated by the state, any municipality or any other political subdivision of the state, the architectural design of which was commenced on or after October 1, 1977, except buildings which have been approved by the Department of Housing and Urban Development as being in conformance with federal standards for housing for the elderly and physically handicapped and for which a permit was issued prior to June 9, 1976, to ensure accessibility thereto and use by the physically handicapped.

(b) Any variation of or exemption from any provision of (1) the State Building Code relating to accessibility to, and use of, buildings and structures by persons with disabilities, (2) subsection (i) of section 14-253a, (3) section 29-273, or (4) section 29-274, shall be permitted only when approved by the State Building Inspector. 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 State Building Code pursuant to the provisions of subsection (a) of this section. The State Building Inspector shall, within thirty days of receipt, review the application, and render a decision to accept or reject the application in whole or in part. The State Building Inspector may approve a variation of or exemption from any such standard or specification when the State Building Inspector determines that the standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard or specification, a copy of such determination shall be published electronically by the State Building Inspector on the Internet web site of the Department of Administrative Services. Any person aggrieved by any such decision may appeal to the Codes and Standards Committee within thirty days after such decision has been rendered.

(c) Regulations or codes made or amended by authority of this section shall be adopted in accordance with the provisions of section 29-252b.

(d) If any regulation is set aside by a court of competent jurisdiction, such ruling shall affect only the regulation, standard or specification included in the ruling and all other regulations, standards or specifications shall remain in effect.

(e) Notwithstanding the provisions of subsection (b) of this section, a variation or exemption from the State Building Code shall not be required to construct a visitable feature in a residential home. For purposes of this section, “visitable feature” means (1) interior doorways that provide a minimum thirty-two inch wide unobstructed opening, (2) an accessible means of egress, as defined in Appendix A to 28 CFR Part 36, including a ramp complying with the International Residential Code portion of the State Building Code intended to allow access by a wheelchair, or (3) a full or half bathroom on the first floor that is compliant with the provisions of the Americans with Disabilities Act of 1990, as amended, 42 USC 12101.

(February, 1965, P.A. 216, S. 1, 2, 5; 1967, P.A. 349, S. 2; P.A. 75-503, S. 1, 6; P.A. 76-395, S. 1, 2; P.A. 77-133; P.A. 78-351, S. 1, 3; P.A. 82-432, S. 3, 19; P.A. 87-123, S. 1; P.A. 88-315, S. 1; P.A. 89-144, S. 13; P.A. 90-300, S. 3, 8; P.A. 92-71, S. 1, 3; P.A. 04-237, S. 6; P.A. 10-56, S. 1; P.A. 13-250, S. 3; P.A. 14-122, S. 47; P.A. 16-215, S. 12; P.A. 17-96, S. 27.)

History: 1967 act substituted state building inspector for public works commissioner; P.A. 75-503 replaced general provisions in Subsec. (a) re regulations to ensure that buildings are accessible to disabled person with specific requirement that state code conforms to minimum requirements of American National Standards Institute and replaced references to Secs. 19-395a to 19-395c with “this section” and to Secs. 4-44 to 4-46 with “chapter 54”; P.A. 76-395 added exception for certain buildings for housing the elderly and physically handicapped in Subsec. (a); P.A. 77-133 made provisions applicable to buildings and elements constructed or renovated by state, municipalities or political subdivisions designed on or after October 1, 1977; P.A. 78-351 inserted new Subsec. (b) re modification or setting aside of standards and redesignated remaining Subsecs. accordingly; P.A. 82-432 replaced state building code standards committee with codes and standards committee; Sec. 19-395a transferred to Sec. 29-269 in 1983; P.A. 87-123 amended Subsecs. (a) and (b) to delete obsolete references to “ANSI A117.1-1961” and “article 21” of the code; P.A. 88-315 amended Subsec. (b) to revise procedure re approval of variations or exemptions from state building code provisions relating to accessibility for persons with disabilities by requiring joint approval of state building inspector and director of office of protection and advocacy for handicapped and added provision authorizing appeals; P.A. 89-144 amended Subsec. (b) by substituting the office of protection and advocacy for persons with disabilities for the office of protection and advocacy for handicapped and developmentally disabled persons; P.A. 90-300 amended Subsec. (b) to add four Subdiv. designations and to insert new language as Subdivs. (2) to (4), inclusive, re variations of or exemptions from provisions of Secs. 14-253a(g), 29-273 and 29-274(b), (d); P.A. 92-71 amended Subsec. (a) to delete requirement that code incorporate American National Standard specifications, substituting requirement that code be in substantial compliance with Americans with Disabilities Act of 1990 and Fair Housing Amendments Act of 1988; P.A. 04-237 amended Subsec. (b)(4) to delete reference to Subsecs. (b) and (d) of Sec. 29-274; P.A. 10-56 added Subsec. (e) re variation or exemption from State Building Code not required to construct visitable feature in a residential home; P.A. 13-250 amended Subsec. (e)(2) to add provision re wheelchair ramp complying with International Residential Code, effective July 1, 2013; P.A. 14-122 made a technical change in Subsec. (b)(2); P.A. 16-215 amended Subsec. (c) to delete provision re public hearing and filing in accordance with Ch. 54 and to add reference to Sec. 29-252b, effective May 31, 2016; P.A. 17-96 amended Subsec. (b) by deleting references to Director of the Office of Protection and Advocacy for Persons with Disabilities, adding provision re determination to be published on Internet web site of Department of Administrative Services, and making technical and conforming changes, effective July 1, 2017.

See Sec. 10-292 re necessity for public schools' building projects to comply with standards to meet needs of disabled persons.

See Sec. 29-274 re exemptions from State Building Code.

Cited. 24 CA 44.

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Conn. Gen. Stat. § 29-270

Sec. 29-270a. Automatic doors for persons with physical disabilities in certain shopping malls or retail businesses. The owner of any enclosed shopping mall or retail business with more than fifty thousand square feet of floor space, shall install, in at least one of the primary entrances, doors that are automatically activated to provide access to persons with physical disabilities, provided the State Building Inspector may grant an exemption from such requirement where strict compliance would entail practical difficulty or unnecessary hardship. The State Building Inspector shall electronically publish such waiver on the Internet web site of the Department of Administrative Services. Nothing in this section shall require the installation of an automatically activated door in a primary entrance which is open and unobstructed by any door during the hours the retail business is open to the public.

(P.A. 87-54; June Sp. Sess. P.A. 98-1, S. 61, 121; P.A. 17-96, S. 28.)

History: June Sp. Sess. P.A. 98-1 changed reference from “advocacy for the handicapped and developmentally disabled” to “advocacy for persons with disabilities”, effective June 24, 1998; P.A. 17-96 deleted provision re concurrence with Director of the Office of Protection and Advocacy for Persons with Disabilities, and added provision re publishing waiver on Internet web site of Department of Administrative Services, effective July 1, 2017.

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Conn. Gen. Stat. § 29-271.

Sec. 29-271. (Formerly Sec. 19-395p). Design of units and facilities in state-assisted housing for persons with physical disabilities. Any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under a building permit application filed on or after January 1, 1976, and prior to October 1, 2004, that contains ten or more housing units shall have at least ten per cent of the units and all common use areas and facilities designed to promote safe and accessible means of entrance and egress and ease of access and use of facilities for the physically disabled, as defined in subsection (b) of section 1-1f, unless a waiver of such requirement is obtained from the Commissioner of Housing as provided in this section. Any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under a building permit application filed on or after October 1, 2004, that contains four or more dwelling units shall have the dwelling units and all common use areas and facilities designed in accordance with the State Building Code to promote the safe and accessible use of facilities for the physically disabled, as defined in subsection (b) of section 1-1f, unless such waiver is obtained. Said commissioner may, with the concurrence of the State Building Inspector, waive the requirement for such units for any state-financed rental housing project awarded state assistance under sections 8-214a and 8-216b, provided all requirements concerning the provision of housing units accessible to the physically disabled promulgated by the United States Department of Housing and Urban Development have been met. The State Building Inspector shall electronically publish such waiver on the Internet web site of the Department of Administrative Services. Physically disabled persons and families shall receive priority in placement in no less than ten per cent of the housing units constructed or substantially rehabilitated after January 1, 1976.

(P.A. 75-147, S. 1, 2; P.A. 81-79; P.A. 87-378, S. 8; P.A. 88-280, S. 11; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; June Sp. Sess. P.A. 98-1, S. 62, 121; P.A. 04-237, S. 2; P.A. 05-288, S. 196; P.A. 07-6, S. 5; P.A. 13-234, S. 2; P.A. 17-96, S. 29.)

History: P.A. 81-79 provided for the waiver of handicapped unit requirement in some cases where two or fewer such units are required; Sec. 19-395p transferred to Sec. 29-271 in 1983; P.A. 87-378 changed “housing or housing project” to “rental housing or rental housing project”, extended section requirements to all common use areas and facilities in applicable housing, and made waiver provisions applicable to rental housing awarded assistance under Sec. 8-213 to Sec. 8-214a where federal requirements have been met; P.A. 88-280 made technical change, substituting reference to Secs. 8-214a and 8-216b for reference to Secs. 8-213 to 8-214a, inclusive; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; June Sp. Sess. P.A. 98-1 changed reference from “advocacy for the handicapped and the developmentally disabled” to “advocacy for persons with disabilities”, effective June 24, 1998; P.A. 04-237 provided that 10% requirement re state-assisted rental housing or rental housing project applies to those constructed or substantially rehabilitated under building permit application filed on or after January 1, 1976, and prior to October 1, 2004, added requirement that any state-assisted rental housing or rental housing project constructed or substantially rehabilitated under building permit application filed on or after October 1, 2004, which contains four or more dwelling units shall have the dwelling units and all common use areas and facilities designed in accordance with code, and required concurrence of State Building Inspector for commissioner to waive such requirement; P.A. 05-288 made technical changes, effective July 13, 2005; P.A. 07-6 replaced reference to Sec. 8-124a with reference to Sec. 8-214a; pursuant to P.A. 13-234, reference to Commissioner of Economic and Community Development was changed editorially by the Revisors to reference to Commissioner of Housing, effective June 19, 2013; P.A. 17-96 deleted reference to Director of the Office of Protection and Advocacy for Persons with Disabilities, and added provision re publishing waiver on Internet web site of Department of Administrative Services, effective July 1, 2017.

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Conn. Gen. Stat. § 29-277.

Sec. 29-277. Sale or installation of foamed-in-place insulating material. Certification of compliance. Penalty. (a) As used in this section:

(1) “Urea-formaldehyde foamed-in-place insulation material” means a cellular plastic insulation material generated in a continuous stream by mixing the components which consist of a urea-formaldehyde based resin, air and a foaming agent, but does not mean or include urethane foam insulation or styrene foam insulation;

(2) “Standard Method” means “Standard Method for the Testing and Evaluation of Volatile Organic Chemical Emissions from Indoor Sources Using Environmental Chambers Version 1.1”, issued in 2010 by the California Department of Public Health; and

(3) “ASTM standard D7859” means “ASTM D7859, Standard Practice for Spraying, Sampling, Packaging and Test Specimen Preparation of Spray Polyurethane Foam (SPF) for Testing of Emissions Using Environmental Chambers,” published by ASTM International.

(b) Foamed-in-place insulating material, except urethane foam insulation or styrene foam insulation, shall not be sold or installed in this state on or after May 28, 2013, unless the manufacturer or supplier has certified to the State Building Inspector that the material complies with the provisions of this section.

(c) Such certification shall contain the following information:

(1) The name of the manufacturer;

(2) A description of the type of insulating material being certified in sufficient detail to permit its identification, which description may include information sheets, brochures, a sample label for the product or similar information;

(3) A statement that the insulating material is not a urea-formaldehyde foamed-in-place insulation material;

(4) (A) Verification that the insulating material has undergone small-scale formaldehyde emissions testing and evaluation in accordance with, and meets the requirements of, the most current version of the Standard Method, provided:

(i) All samples are prepared, sprayed, packaged and shipped to an analytical laboratory in accordance with the most current version of ASTM standard D7859;

(ii) The analytical laboratory has ISO/IEC standard 17025 accreditation and the capabilities to perform such testing and evaluation; and

(iii) The formaldehyde emissions testing and evaluation includes indoor air quality modeling for thermal insulation used in ceilings and walls in a standard school classroom as specified in table 4.3 of the most current version of the Standard Method; or

(B) Verification that the insulating material meets the requirements of one of the following methods, provided all samples are prepared, sprayed, packaged and shipped in accordance with the most current version of ASTM standard D7859:

(i) Scientific Certification Systems Indoor Advantage + Formaldehyde Free Certification Requirements;

(ii) GREENGUARD Environmental Institute Formaldehyde Free Verification Requirements;

(iii) CAN/ULC-S774-09 Standard Laboratory Guide for the Determination of Volatile Organic Compound Emissions from Polyurethane Foam; or

(iv) Any other test or documentation acceptable to the State Building Inspector that documents the emission or release of formaldehyde within cured insulating materials; and

(5) A description of the quality assurance program used by the manufacturer or supplier, including the manufacturer's or supplier's training program for installers of the insulating material.

(d) Any person who violates any provision of this section shall be fined not more than five hundred dollars for the first offense and for each subsequent offense shall be fined not more than one thousand dollars.

(P.A. 81-250, S. 1–4; P.A. 13-43, S. 1.)

History: P.A. 13-43 replaced former Subsecs. (a) and (b) with new Subsec. (a) defining “urea-formaldehyde foamed-in-place insulation material”, “Standard Method” and “ASTM standard D7859” and new Subsec. (b) re prohibition on sale or installation of foamed-in-place insulating material, except urethane foam insulation or styrene foam insulation, on or after May 28, 2013, unless manufacturer or supplier has certified it complies with section, added new Subsec. (c) re information required to be contained in certification and redesignated existing Subsec. (c) as Subsec. (d), effective May 28, 2013.

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Secs. 29-278 to 29-281. (Formerly Secs. 19-399a to 19-399d). Safety glazing material; definitions. Labeling of lights. Safety glazing material requirement; liability; penalty. Statute supersedes local ordinance. Sections 29-278 to 29-281, inclusive, are repealed.

(P.A. 73-182, S. 1–5; P.A. 77-614, S. 500, 610; P.A. 78-303, S. 21, 136; P.A. 82-432, S. 13, 19; P.A. 88-317, S. 89, 107; 88-356, S. 5.)

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Conn. Gen. Stat. § 29-294.

Sec. 29-294. (Formerly Sec. 29-42). Publication of code. The Fire Safety Code and all amendments to said code shall be posted on the Internet web site of the Department of Administrative Services in accordance with section 29-292a and, in addition, a copy shall be provided to each local fire marshal, fire chief and building inspector, and other governmental officials who request said code.

(1949 Rev., S. 3667; P.A. 73-616, S. 24; June Sp. Sess. P.A. 98-1, S. 64, 121; P.A. 16-215, S. 13.)

History: P.A. 73-616 substituted Sec. 4-173 for Sec. 4-46; Sec. 29-42 transferred to Sec. 29-294 in 1983; June Sp. Sess. P.A. 98-1 made technical changes, effective June 24, 1998; P.A. 16-215 replaced “registered with the Secretary of the State and published in accordance with section 4-173,” with “posted on the Internet web site of the Department of Administrative Services in accordance with section 29-292a” and made technical changes, effective May 31, 2016.

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Conn. Gen. Stat. § 29-309.

Sec. 29-309. (Formerly Sec. 29-56). Procedure for appeal. The Codes and Standards Committee shall establish a procedure whereby any person determined to have the right to appeal may appeal a decision of the local fire marshal or State Fire Marshal relating to the enforcement of any provision of the general statutes concerning the Fire Safety Code not more than thirty days after the receipt of notice of the decision by the person aggrieved by such decision. Such procedure shall include the committee and shall be established in accordance with the provisions of chapter 54. Any person aggrieved by a decision made in accordance with such procedure may appeal therefrom to the superior court for the judicial district wherein the premises concerned are located.

(1949 Rev., S. 3679; 1957, P.A. 516, S. 5; 1959, P.A. 233, S. 3; P.A. 76-436, S. 611, 681; P.A. 78-280, S. 1, 127; P.A. 82-432, S. 15, 19; P.A. 96-14; June Sp. Sess. P.A. 98-1, S. 65, 121; P.A. 08-65, S. 4; P.A. 11-8, S. 25.)

History: 1959 act removed reference to appeal from order of building inspector; P.A. 76-436 replaced court of common pleas with superior court and added reference to judicial districts, effective July 1, 1978; P.A. 78-280 deleted reference to counties; P.A. 82-432 entirely replaced previous appeal provisions; Sec. 29-56 transferred to Sec. 29-309 in 1983; P.A. 96-14 limited right to appeal to 30 days; June Sp. Sess. P.A. 98-1 made technical changes, effective June 24, 1998; P.A. 08-65 deleted reference to “fire prevention and safety” re grounds for appeal; P.A. 11-8 made a technical change, effective May 24, 2011.

Annotation to former section 29-56:

Exercise of discretion by fire marshal is subject to review for abuse. 141 C. 524.

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Conn. Gen. Stat. § 29-315.

Sec. 29-315. (Formerly Sec. 29-44c). Fire extinguishing system required for certain buildings. (a)(1) When any building is to be built having more than four stories and is to be used for human occupancy, such building shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor.

(2) When any building is (A) to be built as an educational occupancy, (B) eligible for a school building project grant pursuant to chapter 173, and (C) put out to bid on or after July 1, 2004, such building shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor. As used in this subsection, “educational occupancy” has the same meaning as provided in the Fire Safety Code.

(3) The State Fire Marshal and the State Building Inspector may jointly grant variations or exemptions from, or approve equivalent or alternate compliance with, the requirement in subdivision (2) of this subsection, where strict compliance with such requirement would entail practical difficulty or unnecessary hardship or is otherwise adjudged unwarranted, provided (A) any such variation or exemption or approved equivalent or alternate compliance shall, in the opinion of the State Fire Marshal and the State Building Inspector, secure the public safety, and (B) the municipality in which such educational occupancy is located complies with all other fire safety requirements in the Fire Safety Code and the State Building Code with respect to such occupancy. If either the State Fire Marshal or the State Building Inspector determines that a variation or exemption from, or an equivalent or alternate compliance with, said subdivision (2) should not be permitted, no such variation or exemption, or equivalent or alternate compliance shall be granted or approved. Any determination made pursuant to this subdivision by the State Fire Marshal and the State Building Inspector shall be in writing. Any person aggrieved by any decision of the State Fire Marshal or the State Building Inspector, or both, may appeal to the Codes and Standards Committee no later than fourteen days after issuance of the decision. Any person aggrieved by any ruling of the Codes and Standards Committee may appeal to the superior court for the judicial district wherein such occupancy is located.

(b) Each hotel or motel having six or more guest rooms and providing sleeping accommodations for more than sixteen persons for which a building permit for new occupancy is issued on or after January 1, 1987, shall have an automatic fire extinguishing system installed on each floor in accordance with regulations adopted by the Commissioner of Administrative Services. Such regulations shall be incorporated into the State Fire Prevention Code.

(c) Not later than October 1, 1992, each hotel or motel having more than four stories shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor.

(d) (1) Not later than January 1, 1995, each residential building having more than four stories and occupied primarily by elderly persons shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor. Not later than January 1, 1994, the owner or manager of or agency responsible for such residential building shall submit plans for the installation of such system, signed and sealed by a licensed professional engineer, to the local fire marshal within whose jurisdiction such building is located or to the State Fire Marshal, as the case may be. For the purposes of this subsection, the phrase “occupied primarily by elderly persons” means that on October 1, 1993, or on the date of any inspection, if later, a minimum of eighty per cent of the dwelling units available for human occupancy in a residential building have at least one resident who has attained the age of sixty-five years.

(2) Each residential building having more than twelve living units and occupied primarily by elderly persons, as defined in subdivision (1) of this subsection, or designed to be so occupied, for which a building permit for new occupancy is issued or which is substantially renovated on or after January 1, 1997, shall have an automatic fire extinguishing system approved by the State Fire Marshal on each floor.

(e) No building inspector shall grant a building permit unless a fire extinguishing system as required by subsection (a) or (b) of this section is included in the final, approved building plans and no fire marshal or building inspector shall permit occupancy of such a building unless such fire extinguishing system is installed and operable. The State Fire Marshal may require fire extinguishing systems approved by him to be installed in other occupancies where they are required in the interest of safety because of special occupancy hazards.

(f) (1) Not later than July 31, 2006, each chronic and convalescent nursing home or rest home with nursing supervision licensed pursuant to chapter 368v shall have a complete automatic fire extinguishing system approved by the State Fire Marshal installed throughout such chronic and convalescent nursing home or rest home with nursing supervision. Not later than July 1, 2004, the owner or authorized agent of each such home shall submit plans for the installation of such system, signed and sealed by a licensed professional engineer, to the local fire marshal and building official within whose jurisdiction such home is located or to the State Fire Marshal, as the case may be, and shall apply for a building permit for the installation of such system. The owner or authorized agent shall notify the Department of Public Health of such submission.

(2) On or before July 1, 2005, and quarterly thereafter, each chronic and convalescent nursing home or rest home with nursing supervision licensed pursuant to chapter 368v shall submit a report to the local fire marshal describing progress in installing the automatic fire extinguishing systems required under subsection (a) of this section. In preparing such report each such nursing home or rest home shall conduct a facility risk analysis. Such analysis shall include, but not be limited to, an analysis of the following factors: Type of construction, number of stories and residents, safeguards in the facility, types of patients, travel distance to exits and arrangement of means of egress. After review of the report, the local fire marshal may require the nursing home or rest home to implement alternative fire safety measures to reduce the level of risk to occupants before installation of automatic fire sprinklers is completed.

(g) Any person who fails to install an automatic fire extinguishing system in violation of any provision of this section shall be subject to a civil penalty of not more than one thousand dollars for each day such violation continues. The Attorney General, upon request of the State Fire Marshal, shall institute a civil action to recover such penalty.

(P.A. 73-375; P.A. 81-381, S. 2, 4; P.A. 86-163, S. 1, 3; P.A. 88-80; 88-304, S. 1, 6, 7; P.A. 91-282, S. 1; P.A. 93-106, S. 1, 2; P.A. 96-138; P.A. 01-173, S. 66, 67; June 30 Sp. Sess. P.A. 03-3, S. 92; P.A. 05-31, S. 1; 05-187, S. 1; 05-272, S. 37; P.A. 11-51, S. 90; P.A. 13-247, S. 200; P.A. 14-187, S. 43.)

History: P.A. 81-381 made minor changes in wording; Sec. 29-44c transferred to Sec. 29-315 in 1983; P.A. 86-163 divided section into Subsecs. and required the installation of automatic fire extinguishing system in hotels and motels; P.A. 88-80 amended Subsec. (b), limiting application of provision to hotels or motels having six or more guest rooms and providing sleeping accommodations for more than sixteen; P.A. 88-304 inserted new Subsec. (c), requiring installation of automatic fire extinguishing systems in hotels and motels having more than four stories and in housing for the elderly having more than four stories, relettered former subsection as Subsec. (d) and changed effective date of P.A. 88-80 from October 1, 1988, to July 1, 1988; P.A. 91-282 amended Subsec. (c) to add a definition of “occupied primarily by elderly persons”; P.A. 93-106 transferred from Subsec. (c) to (d) provision requiring installation of automatic fire extinguishing system in housing for the elderly, postponed installation requirement from October 1, 1993, to January 1, 1995, required owner or manager of or agency responsible for such residential building to submit plans for installation of system to local or state fire marshal by January 1, 1994, and relettered former Subsec. (d) as (e), effective July 12, 1993; P.A. 96-138 subdivided Subsec. (d) into Subdivs., adding requirement of automatic fire extinguishing system in housing for the elderly with more than twelve units beginning January 1, 1997; P.A. 01-173 amended Subsec. (a) to designate existing provisions as Subdiv. (1) and to add Subdiv. (2) re educational occupancy, effective July 1, 2001; June 30 Sp. Sess. P.A. 03-3 added Subsec. (f) requiring automatic fire extinguishing systems in licensed chronic and convalescent nursing homes and rest homes with nursing supervision and added Subsec. (g) re civil penalty for violation of section, effective August 20, 2003; P.A. 05-31 amended Subsec. (a)(2) to make technical changes in definition of “educational occupancy”, and added new Subsec. (a)(3) allowing State Fire Marshal and State Building Inspector to jointly grant variations or exemptions from, or approve equivalent or alternate compliance with, requirement that educational occupancy have an automatic fire extinguishing system installed, effective May 2, 2005; P.A. 05-187 amended Subsec. (f) by designating existing provisions as Subdiv. (1) and amending same by postponing date for installation of automatic fire extinguishing systems in nursing and rest homes from July 1, 2005, to July 31, 2006, requiring that complete systems be installed throughout the nursing and rest homes instead of on each floor and that the owner notify the Commissioner of Public Health of submission of plan for installation, and by adding Subdiv. (2) re submission of quarterly progress reports on installation, effective June 30, 2005; P.A. 05-272 amended Subsec. (f)(1) by clarifying requirement that approved fire extinguishing system be installed throughout chronic and convalescent nursing homes and rest homes with nursing supervision and requiring Department of Public Health, rather than Commissioner of Public Health, to be notified of plan for installation of system, effective July 13, 2005; pursuant to P.A. 11-51, “Commissioner of Public Safety” was changed editorially by the Revisors to “Commissioner of Construction Services” in Subsec. (b), effective July 1, 2011; pursuant to P.A. 13-247, “Commissioner of Construction Services” was changed editorially by the Revisors to “Commissioner of Administrative Services” in Subsec. (b), effective July 1, 2013; P.A. 14-187 amended Subsec. (b) to add provision re regulations to be incorporated into State Fire Prevention Code, effective June 11, 2014.

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Conn. Gen. Stat. § 29-381

Sec. 29-381a. Sufficiency of main entrances in places of public assembly. Variations or exemptions. Appeal. (a) Each place of public assembly, as defined in the Fire Safety Code, constructed under a building permit application filed on or after June 8, 2004, or renovated under a building permit application filed on or after said date to increase capacity or change its occupancy, as defined in the State Building Code, that has a single main entrance shall have such main entrance sufficient to allow the emergency exit of two-thirds of the capacity of such place of assembly.

(b) The State Fire Marshal or the State Building Inspector may grant variations or exemptions from, or approve equivalent or alternate compliance with, the requirement in subsection (a) of this section where strict compliance with such requirement would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided the intent of the provisions of subsection (a) of this section shall be observed and public welfare and safety be assured. Any such determination by the State Fire Marshal or the State Building Inspector shall be in writing. Any person aggrieved by any decision of the State Fire Marshal or the State Building Inspector may appeal to the Codes and Standards Committee within fourteen days after mailing of the decision. Any person aggrieved by any ruling of the Codes and Standards Committee may appeal to the superior court for the judicial district wherein the place of assembly concerned is located.

(P.A. 03-231, S. 3; P.A. 04-237, S. 8; P.A. 11-8, S. 26.)

History: P.A. 03-231 effective July 9, 2003; P.A. 04-237 designated existing provisions as Subsec. (a) and amended same to require each place of public assembly constructed under building permit application filed on or after June 8, 2004, or renovated under building permit application filed on or after said date that has a single main entrance to have such entrance sufficient to allow emergency exit of two-thirds of capacity, and added Subsec. (b) authorizing State Fire Marshal or State Building Inspector to grant variations or exemptions from or approve equivalent or alternate compliance with requirement in Subsec. (a), requiring any determination by such official to be in writing and authorizing appeal to Codes and Standards Committee and to superior court, effective June 8, 2004; P.A. 11-8 made a technical change in Subsec. (a), effective May 24, 2011.

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Secs. 29-382 to 29-388. (Formerly Secs. 19-377, 19-379, 19-381 to 19-383, 19-384a and 19-385a). Local authorities to require safe exits. Examination by local authorities. Order; appeal. Fastening of doors in school houses. Fire alarms in school houses. Penalties. Stairways and fire escapes for school houses. Condemnation of nonconforming building. Sections 29-382 to 29-388, inclusive, are repealed.

(1949 Rev., S. 4086, 4088, 4090–4092; 1957, P.A. 13, S. 85; 516, S. 10, 12; 1959, P.A. 662, S. 1, 2; February, 1965, P.A. 574, S. 28; 1971, P.A. 802, S. 2, 3; P.A. 74-183, S. 232, 291; P.A. 76-436, S. 201, 681; P.A. 78-280, S. 1, 127; P.A. 85-4; 85-9; 85-34, S. 2; P.A. 88-356, S. 5.)

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Conn. Gen. Stat. § 29-393.

Sec. 29-393. (Formerly Sec. 19-391). Building inspectors; duties, right of entry. On receipt of information from the local fire marshal or from any other authentic source that any building in his jurisdiction, due to lack of exit facilities, fire, deterioration, catastrophe or other cause, is in such condition as to be a hazard to any person or persons, the building inspector shall immediately make an inspection by himself or by his assistant, and may make orders for additional exit facilities or the repair or alteration of the building if the same is susceptible to repair or both or for the removal of such building or any portion thereof if any such order is necessary in the interests of public safety. Any building inspector shall have the right of entry into all buildings for the performance of his duties between the hours of nine o'clock a.m. and five o'clock p.m., in the interests of public safety.

(1949 Rev., S. 4101; P.A. 07-110, S. 6.)

History: Sec. 19-391 transferred to Sec. 29-393 in 1983; P.A. 07-110 made technical changes.

Annotations to former section 19-391:

Provision in municipal building code which prohibited the repair of any building of nonfireproof construction within the inner fire limits of the city after it had been damaged to the extent of 50 per cent of the cost of replacing the original building, held a valid exercise of power delegated to city. 147 C. 602.

No action lies against fire marshal for failure to inspect. 7 CS 318.

Annotation to present section:

Cited. 18 CA 40.

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Conn. Gen. Stat. § 29-394.

Sec. 29-394. (Formerly Sec. 19-392). Penalty. Any person who, by himself or his agent, fails to comply with the written order of a building inspector for the provision of additional exit facilities in a building, the repair or alteration of a building or the removal of a building or any portion thereof, shall be fined not less than two hundred nor more than one thousand dollars or imprisoned not more than six months, or both.

(1949 Rev., S. 4102; P.A. 07-110, S. 7.)

History: Sec. 19-392 transferred to Sec. 29-394 in 1983; P.A. 07-110 made a technical change, increased fine to a minimum of $200 and a maximum of $1,000 and permitted both fine and imprisonment to be imposed.

Cited. 18 CA 40.

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Conn. Gen. Stat. § 8-12

Sec. 8-12a. Establishment of municipal penalties for violations of regulations. (a) Any municipality may, by ordinance adopted by its legislative body, establish penalties for violations of zoning regulations adopted under section 8-2 or by special act. The ordinance shall establish the types of violations for which a citation may be issued and the amount of any fine to be imposed thereby and shall specify the time period for uncontested payment of fines for any alleged violation under any such regulation. No fine imposed under the authority of this section may exceed one hundred fifty dollars for each day a violation continues. Any fine shall be payable to the treasurer of the municipality.

(b) The hearing procedure for any citation issued pursuant to this section shall be in accordance with section 7-152c except that no zoning enforcement officer, building inspector or employee of the municipal body exercising zoning authority may be appointed to be a hearing officer.

(P.A. 91-398, S. 6, 7; P.A. 92-180; P.A. 93-435, S. 90, 95; P.A. 96-210; P.A. 02-74, S. 3; P.A. 12-47, S. 1.)

History: P.A. 92-180 amended Subsec. (a) to include violations of zoning regulations adopted “by special act”; P.A. 93-435 amended the section by deleting Subsec. (d), which had terminated provisions of section as of October 1, 1993, effective June 28, 1993; P.A. 96-210 amended Subsec. (a) by deleting phrase “concerning primary uses and buildings and structures which pose an immediate and substantive threat to public safety” modifying “special act”; P.A. 02-74 amended Subsec. (a) by replacing “a single citation” with “each day a violation continues”; P.A. 12-47 deleted former Subsec. (c) re liability of zoning enforcement officer for treble damages.

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Conn. Gen. Stat. § 8-12.

Sec. 8-12. Procedure when regulations are violated. If any building or structure has been erected, constructed, altered, converted or maintained, or any building, structure or land has been used, in violation of any provision of this chapter or of any bylaw, ordinance, rule or regulation made under authority conferred hereby, any official having jurisdiction, in addition to other remedies, may institute an action or proceeding to prevent such unlawful erection, construction, alteration, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Such regulations shall be enforced by the officer or official board or authority designated therein, who shall be authorized to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereon in violation of any provision of the regulations made under authority of the provisions of this chapter or, when the violation involves grading of land, the removal of earth or soil erosion and sediment control, to issue, in writing, a cease and desist order to be effective immediately. The owner or agent of any building or premises where a violation of any provision of such regulations has been committed or exists, or the lessee or tenant of an entire building or entire premises where such violation has been committed or exists, or the owner, agent, lessee or tenant of any part of the building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor or any other person who commits, takes part or assists in any such violation or who maintains any building or premises in which any such violation exists, shall be fined not less than ten dollars or more than one hundred dollars for each day that such violation continues; but, if the offense is wilful, the person convicted thereof shall be fined not less than one hundred dollars or more than two hundred fifty dollars for each day that such violation continues, or imprisoned not more than ten days for each day such violation continues not to exceed a maximum of thirty days for such violation, or both; and the Superior Court shall have jurisdiction of all such offenses, subject to appeal as in other cases. Any person who, having been served with an order to discontinue any such violation, fails to comply with such order within ten days after such service, or having been served with a cease and desist order with respect to a violation involving grading of land, removal of earth or soil erosion and sediment control, fails to comply with such order immediately, or continues to violate any provision of the regulations made under authority of the provisions of this chapter specified in such order shall be subject to a civil penalty not to exceed two thousand five hundred dollars, payable to the treasurer of the municipality. In any criminal prosecution under this section, the defendant may plead in abatement that such criminal prosecution is based on a zoning ordinance or regulation which is the subject of a civil action wherein one of the issues is the interpretation of such ordinance or regulations, and that the issues in the civil action are such that the prosecution would fail if the civil action results in an interpretation different from that claimed by the state in the criminal prosecution. If the court renders judgment for such municipality and finds that the violation was wilful, the court shall allow such municipality its costs, together with reasonable attorney's fees to be taxed by the court. The court before which such prosecution is pending may order such prosecution abated if it finds that the allegations of the plea are true.

(1949 Rev., S. 846; 1959, P.A. 28, S. 46; February, 1965, P.A. 109, S. 1; P.A. 73-434; P.A. 74-183, S. 181, 291; P.A. 76-436, S. 160, 681; P.A. 77-509, S. 7; P.A. 79-348; P.A. 87-244; 87-347; P.A. 12-80, S. 5.)

History: 1959 act changed jurisdiction of violations from local police court to circuit court; 1965 act added provisions concerning civil and criminal actions involving violation of one zoning regulation; P.A. 73-434 added provision allowing issuance of cease and desist orders for violations involving land grading or earth removal; P.A. 74-183 substituted court of common pleas for circuit court; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 77-509 made no change; P.A. 79-348 increased civil penalty for violation of order from $250 to $500 and added provision re costs and attorneys' fees; P.A. 87-244 authorized soil erosion and sediment control orders to be effective immediately; P.A. 87-347 changed amount of civil penalty from $500 to an amount not to exceed $2,500; P.A. 12-80 added provision establishing maximum term of imprisonment of 30 days for wilful offense and made technical changes.

Cited. 135 C. 423. Plea in abatement overruled where town named as plaintiff as no substantive rights affected; structural alterations on nonconforming use change building into substantially different structure adapted to an extension of the nonconforming use. 146 C. 178. Cited. 150 C. 439. When ordinance requires approval for extension of nonconforming use, extension without approval is prohibited. Id., 584. Judgment denying plaintiff injunctive relief based on unsound proposition of law set aside. 155 C. 431. Cited. 165 C. 185. Measure of damages for breach of contract and warranty deed in that house was constructed in violation of zoning regulations; ripening of use under Sec. 8-13a after breach does not affect damages. 170 C. 177. Cited. 180 C. 575; 181 C. 556; 186 C. 106; 199 C. 575; 208 C. 1; Id., 696; 221 C. 374; 225 C. 575; 230 C. 622; 232 C. 122; 239 C. 515. Although federal regulations allow a local zoning commission to consider compliance with local health regulations in evaluating recreational uses within a hydroelectric power project, federal regulations do not require that licensee obtain local zoning and building permits for development of recreational resources. 285 C. 498. Probable cause is necessary to justify search for zoning violations that target a single residence; administrative searches of residences must comply with fourth amendment of U.S. Constitution; injunction is an appropriate procedural vehicle through which a municipality may seek judicial authorization to conduct a zoning inspection. 303 C. 676.

Held to be unnecessary for zoning enforcement officer to allege and prove irreparable harm and lack of an adequate legal remedy in order for injunction to issue. 1 CA 176. Cited. Id., 285; 2 CA 515; 4 CA 252. Application of prior pending action rule to bar action under section is neither equitable nor just where prior action was brought under Sec. 8-6. 9 CA 534. Cited. 10 CA 41; Id., 190; 15 CA 550; 17 CA 17; judgment reversed, see 212 C. 570; Id., 344; 19 CA 208; 28 CA 379; 41 CA 89; 46 CA 5. Imposition of fine for violation of zoning ordinance when defendant also violated State Building Code not double jeopardy since zoning ordinance and code are distinct and fines characterized as remedial; there is a legitimate remedial purpose in imposing fines for zoning violations; such fines are civil fines, not criminal penalties. 65 CA 265. Does not require court to impose fines and to award attorney's fees, despite use of word “shall”. 78 CA 818. Because the enforcement of zoning regulations is an act performed wholly for the direct benefit of the public, it is a discretionary and not ministerial act and therefore not amenable to mandamus relief. 122 CA 465. Section does not contain any requirement to prove public nuisance as prerequisite to imposing daily fines. 187 CA 604.

In criminal action for alleged violation of order of zoning board of appeals, accused must be charged with violation of provision of ordinance, not merely order of board. 6 CS 375. Board's power to institute legal proceedings held to include right to engage counsel. 12 CS 192. Cited. 15 CS 485. Where two permits for “all liquor package store” were issued by liquor control commission in violation of 1,500 foot requirement of local ordinance, injunction against one permittee on action brought by building inspector refused. 16 CS 349. Appeal under Sec. 8-7 stays all proceedings in action appealed from, including criminal proceedings provided for in this section; information which didn't specify crime or section of zoning ordinance held defective; court could not take judicial notice of ordinance or of order of building inspector which defendant was charged with violating. 23 CS 125. Allows for injunctive relief where fines provided by law would not deter violation. 29 CS 62. Cited. 34 CS 69; 39 CS 334.

School dormitory has educational purpose and is itself a school, rather than an accessory use, within zoning ordinance. 2 Conn. Cir. Ct. 294.

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Conn. Gen. Stat. § 8-218

Sec. 8-218h. Task force on building accessibility. Annual report to General Assembly. (a) There is established a task force consisting of the cochairmen and ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public safety; the State Building Inspector or his or her designee; four representatives of the Home Builders Association, one of whom shall be appointed by the president pro tempore of the Senate, one by the minority leader of the Senate, one by the speaker of the House of Representatives and one by the minority leader of the House of Representatives; and four members of the public having physical disabilities, two of whom shall be appointed by the Governor, one by the majority leader of the Senate and one by the majority leader of the House of Representatives. On and after July 1, 1990, the task force shall also consist of the Commissioner of Social Services, or his or her designee; an additional representative of the Home Builders Association, who shall be appointed jointly by the ranking members of the joint standing committee of the General Assembly having cognizance of matters relating to public safety; and an additional member of the public having a physical disability, who shall be appointed jointly by the cochairpersons of said joint standing committee. On and after June 26, 1991, the task force shall also consist of the Commissioner of Economic and Community Development, or his or her designee, and a representative of each community housing development corporation administering the program established under subsection (d) of section 8-218, appointed by the Commissioner of Economic and Community Development. On and after July 1, 2013, the task force shall also consist of the Commissioner of Housing, or his or her designee.

(b) The task force shall report its findings and recommendations, including any proposed legislation, pursuant to this subsection, to the General Assembly and the joint standing committee of the General Assembly having cognizance of matters relating to public safety on or before January first annually.

(c) The task force shall: (1) Advise the housing development corporation administering the program established under subsection (d) of section 8-218; (2) study the feasibility of other funding sources for grants for the conversion of adaptable living units into units accessible to persons with disabilities and for conversion of such units back to adaptable living units; and (3) develop a plan to establish and maintain the registry of adaptable units prepared by said task force.

(P.A. 88-315, S. 4, 5; S.A. 89-4; P.A. 90-300, S. 7, 8; P.A. 91-338, S. 2, 3; P.A. 93-262, S. 1, 87; P.A. 95-250, S. 1; P.A. 96-211, S. 1, 5, 6; P.A. 13-234, S. 32; P.A. 17-96, S. 3.)

History: S.A. 89-4 extended deadline for report from December 1, 1988, to December 1, 1989; P.A. 90-300 amended Subsec. (a) by expanding the task force to include the commissioner of human resources and an additional member of the Home Builders Association and the public and added Subsec. (c) re a study of the availability of information on funding to assist persons with disabilities with the cost of converting adaptable units into units accessible to and usable by such persons; P.A. 91-338 amended Subsec. (a) by expanding the membership of the task force to include the commissioner of housing and an additional representative of the Home Builders Association and the general public, amended Subsec. (b) to delete reference to modification of the building code formula specified in Sec. 29-273 and delete the December 1, 1989, due date for the report and to substitute in lieu thereof a report due January first annually and amended Subsec. (c) by deleting prior language and substituting in lieu thereof provisions re advising on the program established under Subsec. (d) of Sec. 8-218, study of funding sources and development of a plan for establishment and maintenance of a registry of adaptable units; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 95-250 and P.A. 96-211 replaced Commissioner and Department of Housing with Commissioner and Department of Economic and Community Development; P.A. 13-234 amended Subsec. (a) by adding Commissioner of Housing to task force and making technical changes, effective July 1, 2013; P.A. 17-96 amended Subsec. (a) to delete “the assistant director of the Office of Protection and Advocacy for Persons with Disabilities”, effective July 1, 2017.

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Conn. Gen. Stat. § 8-8.

Sec. 8-8. Appeal from board to court. Mediation. Review by Appellate Court. (a) As used in this section:

(1) “Aggrieved person” means a person aggrieved by a decision of a board and includes any officer, department, board or bureau of the municipality charged with enforcement of any order, requirement or decision of the board. In the case of a decision by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, “aggrieved person” includes any person owning land in this state that abuts or is within a radius of one hundred feet of any portion of the land involved in the decision of the board.

(2) “Board” means a municipal zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals or other board or commission the decision of which may be appealed pursuant to this section, or the chief elected official of a municipality, or such official's designee, in a hearing held pursuant to section 22a-250, whose decision may be appealed.

(b) Except as provided in subsections (c), (d) and (r) of this section and sections 7-147 and 7-147i, any person aggrieved by any decision of a board, including a decision to approve or deny a site plan pursuant to subsection (g) of section 8-3 or a special permit or special exception pursuant to section 8-3c, may take an appeal to the superior court for the judicial district in which the municipality is located, notwithstanding any right to appeal to a municipal zoning board of appeals under section 8-6. The appeal shall be commenced by service of process in accordance with subsections (f) and (g) of this section within fifteen days from the date that notice of the decision was published as required by the general statutes. The appeal shall be returned to court in the same manner and within the same period of time as prescribed for civil actions brought to that court.

(c) In those situations where the approval of a planning commission must be inferred because of the failure of the commission to act on an application, any aggrieved person may appeal under this section. The appeal shall be taken within twenty days after the expiration of the period prescribed in section 8-26d for action by the commission.

(d) Any person affected by an action of a planning commission taken under section 8-29 may appeal under this section. The appeal shall be taken within thirty days after notice to such person of the adoption of a survey, map or plan or the assessment of benefits or damages.

(e) The proceedings of the court for an appeal may be stayed by agreement of the parties when a mediation conducted pursuant to section 8-8a commences, provided any such stay shall terminate upon termination of the mediation.

(f) Service of legal process for an appeal under this section shall be directed to a proper officer and shall be made as follows:

(1) For any appeal taken before October 1, 2004, process shall be served by leaving a true and attested copy of the process with, or at the usual place of abode of, the chairman or clerk of the board, and by leaving a true and attested copy with the clerk of the municipality. Service on the chairman or clerk of the board and on the clerk of the municipality shall be for the purpose of providing legal notice of the appeal to the board and shall not thereby make the chairman or clerk of the board or the clerk of the municipality a necessary party to the appeal.

(2) For any appeal taken on or after October 1, 2004, process shall be served in accordance with subdivision (5) of subsection (b) of section 52-57. Such service shall be for the purpose of providing legal notice of the appeal to the board and shall not thereby make the clerk of the municipality or the chairman or clerk of the board a necessary party to the appeal.

(g) Service of process shall also be made on each person who petitioned the board in the proceeding, provided such person's legal rights, duties or privileges were determined therein. However, failure to make service within fifteen days on parties other than the board shall not deprive the court of jurisdiction over the appeal. If service is not made within fifteen days on a party in the proceeding before the board, the court, on motion of the party or the appellant, shall make such orders of notice of the appeal as are reasonably calculated to notify the party not yet served. If the failure to make service causes prejudice to the board or any party, the court, after hearing, may dismiss the appeal or may make such other orders as are necessary to protect the party prejudiced.

(h) The appeal shall state the reasons on which it has been predicated and shall not stay proceedings on the decision appealed from. However, the court to which the appeal is returnable may grant a restraining order, on application, and after notice to the board and cause shown.

(i) Within thirty days after the return date to court, or within any further time the court allows, the board shall transmit the record to the court. The record shall include, without limitation, (1) the original papers acted on by the board and appealed from, or certified copies thereof, (2) a copy of the transcript of the stenographic or sound recording prepared in accordance with section 8-7a, and (3) the written decision of the board including the reasons therefor and a statement of any conditions imposed. If the board does not provide a transcript of the stenographic or the sound recording of a meeting where the board deliberates or makes a decision on a petition, application or request on which a public hearing was held, a certified, true and accurate transcript of a stenographic or sound recording of the meeting prepared by or on behalf of the applicant or any other party shall be admissible as part of the record. By stipulation of all parties to the appeal, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the court for additional costs. The court may require or permit subsequent corrections or additions to the record.

(j) Any defendant may, at any time after the return date of the appeal, make a motion to dismiss the appeal. If the basis of the motion is a claim that the appellant lacks standing to appeal, the appellant shall have the burden of proving standing. The court may, on the record, grant or deny the motion. The court's order on the motion may be appealed in the manner provided in subsection (o) of this section.

(k) The court shall review the proceedings of the board and shall allow any party to introduce evidence in addition to the contents of the record if (1) the record does not contain a complete transcript of the entire proceedings before the board, including all evidence presented to it, pursuant to section 8-7a, or (2) it appears to the court that additional testimony is necessary for the equitable disposition of the appeal. The court may take the evidence or may appoint a referee or committee to take such evidence as it directs and report the same to the court, with any findings of facts and conclusions of law. Any report of a referee, committee or mediator under subsection (f) of section 8-8a shall constitute a part of the proceedings on which the determination of the court shall be made.

(l) The court, after a hearing thereon, may reverse or affirm, wholly or partly, or may revise, modify or remand the decision from which the appeal was taken in a manner consistent with the evidence in the record before it. In an appeal from an action of a planning commission taken under section 8-29, the court may also reassess any damages or benefits awarded by the commission. Costs shall be allowed against the board if the decision appealed from is reversed, affirmed in part, modified or revised.

(m) Appeals from decisions of the board shall be privileged cases and shall be heard as soon as is practicable unless cause is shown to the contrary.

(n) No appeal taken under subsection (b) of this section shall be withdrawn and no settlement between the parties to any such appeal shall be effective unless and until a hearing has been held before the Superior Court and such court has approved such proposed withdrawal or settlement.

(o) There shall be no right to further review except to the Appellate Court by certification for review, on the vote of three judges of the Appellate Court so to certify and under such other rules as the judges of the Appellate Court establish. The procedure on appeal to the Appellate Court shall, except as otherwise provided herein, be in accordance with the procedures provided by rule or law for the appeal of judgments rendered by the Superior Court unless modified by rule of the judges of the Appellate Court.

(p) The right of a person to appeal a decision of a board to the Superior Court and the procedure prescribed in this section shall be liberally interpreted in any case where a strict adherence to these provisions would work surprise or injustice. The appeal shall be considered to be a civil action and, except as otherwise required by this section or the rules of the Superior Court, pleadings may be filed, amended or corrected, and parties may be summoned, substituted or otherwise joined, as provided by the general statutes.

(q) If any appeal has failed to be heard on its merits because of insufficient service or return of the legal process due to unavoidable accident or the default or neglect of the officer to whom it was committed, or the appeal has been otherwise avoided for any matter of form, the appellant shall be allowed an additional fifteen days from determination of that defect to properly take the appeal. The provisions of section 52-592 shall not apply to appeals taken under this section.

(r) In any case in which a board fails to comply with a requirement of a general or special law, ordinance or regulation governing the content, giving, mailing, publishing, filing or recording of any notice either of a hearing or of an action taken by the board, any appeal or action by an aggrieved person to set aside the decision or action taken by the board on the grounds of such noncompliance shall be taken not more than one year after the date of that decision or action.

(1949 Rev., S. 844; 1951, 1955, S. 379d; 1959, P.A. 460, S. 2; 1963, P.A. 45; February, 1965, P.A. 622, S. 3; 1967, P.A. 348; 712; 1971, P.A. 870, S. 9; P.A. 74-183, S. 179, 291; P.A. 76-436, S. 158, 681; P.A. 77-470; P.A. 78-280, S. 1, 127; P.A. 81-165; June Sp. Sess. P.A. 83-29, S. 13, 82; P.A. 84-227, S. 1; P.A. 85-284, S. 3; P.A. 86-236, S. 2; P.A. 88-79, S. 1, 4; P.A. 89-356, S. 1; P.A. 90-286, S. 1, 2, 9; P.A. 91-219; P.A. 92-249, S. 8; P.A. 99-238, S. 5, 8; P.A. 00-84, S. 3, 6; 00-108, S. 2; P.A. 01-47, S. 1; 01-110; 01-195, S. 112, 181; P.A. 02-74, S. 2; P.A. 04-78, S. 1; P.A. 07-60, S. 1; P.A. 12-146, S. 1; P.A. 15-85, S. 2; P.A. 19-64, S. 24.)

History: 1959 act deleted qualification in sentence re taking of evidence in addition to record “if said record does not contain a stenographic report or a complete mechanical recording of the entire proceedings before said board including all evidence presented to it”; 1963 act added to the same sentence “if the record does not contain a complete transcript of the entire proceedings before said board, including all evidence presented to it, pursuant to section 8-7a”; 1965 act provided 15 days allowed for taking appeal run from date decision was published rather than from date it was rendered; 1967 acts allowed costs against board if decision “reversed, affirmed in part, modified or revised” rather than allowing costs only when court decides board acted with gross negligence, in bad faith or with malice as previously and allowed appeals by persons owning land adjacent to land involved in decision; 1971 act added provisions concerning appeals to supreme court; P.A. 74-183 included judicial districts; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 77-470 allowed appeals by persons whose land is within one-hundred-foot radius of land involved in decision; P.A. 78-280 deleted reference to counties; P.A. 81-165 allowed for service of notice upon the clerk of the municipality; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof; P.A. 84-227 inserted Subsec. indicators, added Subsec. (d) re a hearing on a motion to dismiss made by the person who applied for the board's decision where each appellant has the burden of proving his standing to bring the appeal, and added Subsec. (h) prohibiting withdrawal or settlement without court approval; P.A. 85-284 provided for notice of appeals to be given to the chairman or clerk of the board and the clerk of the municipality, rather than just one; P.A. 86-236 amended Subsec. (c) to require the return of the transcript of the stenographic or sound recording; P.A. 88-79 amended Subsec. (b) to add proviso that service of the notice of the appeal upon the clerk of the municipality is for the purpose of providing additional notice of such appeal to the board and does not thereby make such clerk a necessary party to such appeal; P.A. 89-356 entirely reorganized existing provisions and added Subsec. (a) defining “aggrieved person” and “board”, added Subsec. (c) re the procedure for taking an appeal where the approval of the planning commission must be inferred, formerly part of Sec. 8-28, added Subsec. (d) re the procedure for taking an appeal by a person affected by an action of a planning commission under Sec. 8-29, formerly part of Sec. 8-30, added Subsec. (f) re service of process on parties other than the board and the consequences and court remedies if such service is not made, added provisions in Subsec. (i) requiring the record to include the board's findings of fact and conclusions of law, authorizing the record to be shortened by stipulation and additional costs to be taxed against a party who unreasonably refuses to stipulate to limit the record and authorizing the court to require or permit subsequent corrections or additions to the record, added provisions in Subsec. (l) authorizing the court in sustaining an appeal to render a judgment that modifies the board decision or orders the particular board action if a particular board action is required by law and authorizing the court in an appeal from an action of a planning commission taken under Sec. 8-29 to reassess damages or benefits awarded by the commission, formerly part of Sec. 8-30, added Subsec. (p) providing for a liberal interpretation of the right to appeal and the appeal procedure and providing that an appeal shall be considered a civil action, and added Subsec. (q) allowing an appellant additional time to take the appeal if the appeal has failed to be heard on its merits because of certain defects and providing that Sec. 52-592 shall not apply to appeals taken under this section; P.A. 90-286 amended Subsec. (b) to replace “The appeal shall be taken” with “The appeal shall be commenced by service of process in accordance with subsections (e) and (f) of this section” and to replace “The appeal shall be commenced and returned to court in the same manner as prescribed for civil actions brought to that court” with “The appeal shall be returned to court in the same manner and within the same period of time as prescribed for civil actions brought to that court” and amended Subsec. (i) to replace requirement that the board transmit the record within 30 days “after the appeal is served” with within 30 days “after the return date to court”; P.A. 91-219 amended Subsec. (i) to require that the record include the written decision of the board rather than the board's findings of fact and conclusions of law; P.A. 92-249 amended Subdiv. (2) of Subsec. (a) to include the chief elected official of a municipality in the definition of “board” re hearings under Sec. 22a-250; P.A. 99-238 amended Subsec. (b) by adding reference to new Subsec. (r), and added new Subsec. (r) re appeal of aggrieved person to set aside decision or action of board for noncompliance with requirement of notice of content, giving, mailing, publishing, filing or recording of hearing or action taken by board within two years of the date of such decision or action, effective July 1, 2000; P.A. 00-84 revised effective date of P.A. 99-238 to specify applicability of section as amended by that act to errors, irregularities and omissions occurring on or after January 1, 1999, effective July 1, 2000; P.A. 00-108 deleted former Subsec. (h) re surety bond, relettered the subsections accordingly and amended new Subsec. (h) to add provision re transcripts of meetings; P.A. 01-47 inserted new Subsec. (e) re mediation, redesignated existing Subsecs. (e) to (q) as Subsecs. (f) to (r) and made technical and conforming changes; P.A. 01-110 amended former Subsec. (q) by reducing the time for appeal from within two years to not more than one year; P.A. 01-195 made technical changes, effective July 11, 2001 (Revisor's note: In merging the gender-neutral technical changes to Subsec. (a)(2) contained in P.A. 01-47 and P.A. 01-195, the Revisors gave precedence to the changes contained in P.A. 01-195); P.A. 02-74 amended Subsec. (b) to allow appeals of decisions to approve or deny site plans under Sec. 8-3(g), effective June 3, 2002; P.A. 04-78 amended Subsec. (f) by designating existing service requirements as Subdiv. (1), applicable to appeals taken before October 1, 2004, adding Subdiv. (2) re service requirements applicable to appeals taken on or after said date and making conforming changes; P.A. 07-60 amended Subsec. (b) to authorize appeal of special permits and special exceptions and add provision notwithstanding right to appeal under Sec. 8-6; P.A. 12-146 amended Subsec. (a)(1) by adding “in this state” re land abutting or within 100 feet of land involved in board decision; P.A. 15-85 amended Subsec. (l) by replacing provisions re modification or revision of decision appealed from with provision authorizing court to revise, modify or remand the decision from which appeal was taken in a manner consistent with the evidence in the record before it; P.A. 19-64 amended Subsec. (o) by replacing “vote of two judges” with “vote of three judges”.

Right of appeal under section is from decision of zoning board of appeals under zoning laws contained in chapter and does not extend to decisions of board under another statute. 116 C. 555. Power of court to modify or revise does not include power to substitute its own discretion for that of board; must find that board acted illegally or abused discretion. 120 C. 455. Cited. 123 C. 263. Appeal from zoning board is not an action within meaning of Sec. 54-131 which permits a new action when writ abated. 126 C. 603. Under same language in New Haven charter, right of appeal held not to be contingent upon restraining order; no vested right acquired by applicant by virtue of fact no such order was obtained when opponent appealed. 127 C. 309. Recognizance without surety is insufficient; failure to file bond sound ground for abatement of appeal. 131 C. 657. No appeal from zoning commission under former statutes. 133 C. 248. Cited. 135 C. 305. Reasons for decision and transcript of evidence both constitute “proceedings” before board. 136 C. 1. Finding should contain only facts which court finds on basis of evidence taken by it. Id., 452. Cited. 138 C. 500. Plaintiff held an aggrieved person. 139 C. 463. Competitors are not aggrieved persons but owners of residential property in vicinity are. Id., 577. “Any person aggrieved” includes any landowner or resident within city whose situation is such that decision may adversely affect him in use or occupancy of his property. 140 C. 65. Prayer for relief to effect that decision of board of zoning appeals be modified or reversed is not necessary. 142 C. 277. Cited. Id., 415; Id., 659; 143 C. 280; 144 C. 61. If sole basis of plaintiff's grievance was that new business would create competition, he would not be an aggrieved person; any taxpayer of a town who feels aggrieved at granting of license for sale of liquors therein has right of appeal. Id., 160. On an appeal from zoning board of appeals, record made before board should be annexed to, and incorporated by reference in, answer of board; where there is an incompleteness in summary of evidence, court must take evidence to determine what facts and considerations were presumptively in minds of members of board when they acted. Id., 332. Cited. Id., 425, 493. Admissibility of evidence outside of record; wide and liberal discretion in board. Id., 560. Finding that plaintiff is not an aggrieved person divests court of jurisdiction. 145 C. 136. Admissibility of evidence not on record and of evidence not presented at hearing. Id., 218. Change in comprehensive plan, though not change in zone itself, may adversely affect parties outside immediate vicinity. Id., 237. Cited. Id., 325, 416, 435. Considerations authorizing variance are not identical with those justifying an outright change of zone. Id., 468. Zoning commission cannot appeal unless ruling or order of its own is in issue. Id., 655. To be an aggrieved person, where traffic in intoxicating liquor is not involved, one must be found to have been specially and injuriously affected in his property or other legal rights. Id.; 149 C. 284. On appeal, court cannot conduct a trial de novo and substitute its findings and conclusions for decision of board. 146 C. 27. Denial of motion to present evidence in addition to record held indicative that additional testimony was not necessary for equitable disposition of appeal. Id., 547. When building met zoning requirements, building inspector exceeded his authority in imposing additional conditions for certificate of occupancy. Id., 570. Scope of authority of committee appointed to take evidence. Id., 588. Action of board held an abuse of discretion since facts did not warrant granting of variance. Id., 595. Aggrievement from which one may appeal does not arise until board has acted. Id., 665. Former statute: On appeal, admission of testimony not presented to commission is within discretion of court; evidence of former applications admissible only when subsequent application seeks substantially same relief. 147 C. 65. Limits of court's power in reviewing refusal of board to grant variance. Id., 469. Cited. 148 C. 33, 299. Plaintiff's property bordered defendant's land which had received a zoning variance; plaintiff held to be an aggrieved person. Id., 492. Inferentially requires stenographic transcript or mechanical recording to be filed with court with return of board's proceedings. Id., 599. Inadequate summary required trial court to hear evidence. Id., 600. Evidence to prove plaintiff aggrieved admissible. Id., 602. One cannot qualify as aggrieved person solely because zone change may permit operation of business in competition with him. 149 C. 284. Motion for permission to offer additional evidence on appeal called for decision, in exercise of court's discretion, as to whether additional evidence was necessary for equitable disposition of appeal. Id., 413; 150 C. 285. Where court does not hear evidence, but decides appeal on record returned by zoning commission, no finding should be made. 149 C. 414. Cited. Id., 681. Plaintiffs were aggrieved persons within meaning of statute if board's decision affected them directly or in relation to a specific, personal interest, as distinguished from a general interest, in the subject matter. Id., 698. Although plaintiff could not, in its appeal from denial of permit, attack constitutionality of regulations under which it sought permit, it could attack their constitutionality in an independent proceeding. Id., 712. Under New Haven charter, person aggrieved by decision of zoning enforcement officer may appeal to board of zoning appeals which shall hear and determine reasonableness of decision; in such case, function of court on appeal from board of appeals is to decide whether board correctly interpreted ordinance and applied it with reasonable discretion to facts. 150 C. 113. Plaintiff has burden of proving that it is aggrieved; this burden requires that it establish that it was specially and injuriously affected in its property rights or other legal rights; it is not sufficient to show that action complained of would permit the operation of business in competition with its business. Id., 285. History discussed; reversal of decision in 23 CS 6; failure of board of appeals to comply with mandate of Sec. 8-7a renders action voidable at option of an aggrieved person. Id., 411. Party claiming aggrievement must show he is specifically and injuriously affected, mere generalities and fears are not enough. Id., 696. Right of appeal begins to run from effective date of decision which is controlled by Sec. 8-7. 151 C. 378. Cited. Id., 510; 646. Time for taking appeal from zoning board controlled by Sec. 8-7 rather than this section. Id., 646. Although applicant has burden of proving board acted in abuse of its discretion, board must show justification on record for denial of variance. 152 C. 247. Building inspector is authorized to take appeal from board's action in granting variance since he is “charged with the enforcement” of the decision of the board. Id., 311. Cited. Id., 660, 661. To be an “aggrieved” person, in a case in which traffic in intoxicating liquor is not involved, one has to be specially and injuriously affected in his property or other legal rights. 153 C. 37. Plaintiff, as a taxpayer, is an aggrieved person in a case in which traffic in liquor is involved without having to show that he has an interest peculiar to himself. Id., 117. Where transcript of board hearing was incomplete and plaintiff raised constitutional issue of confiscation, he should have been permitted to introduce additional evidence. Id., 343, 344. Cited. Id., 433, 437. In order to qualify as aggrieved persons under section, plaintiffs must show that the value of their property would be lessened or that their legal rights would be injuriously affected. 154 C. 46, 47. Right to produce evidence under section may be waived by stipulation of a party. Id., 393. Plaintiffs did not qualify as aggrieved persons to appeal granting of variance where only claim to aggrievement was that their property adjoined that for which variance was granted. 155 C. 241, 242. In light of record and express allegations of impropriety and illegality, additional testimony of what occurred at executive session of board was necessary and permitted. Id., 245. Where plaintiff appealed claiming amendments were an unconstitutional denial of due process since they were confiscatory and would put him out of business, trial court should have permitted introduction of additional evidence limited to question of constitutionality of ordinance, complete transcript of hearings before commission being insufficient evidence in the case. Id., 265. Cited. 155 C. 365. Order of reference for a finding of facts on the issue of aggrievement and to take additional evidence to complete the record is not final judgment from which appeal lies under Sec. 52-263. Id., 617. While plaintiffs were not “aggrieved persons”, appeal was considered because of unusual circumstances of trial below. 157 C. 520. When construction of new building under zoning variance sought would affect use of plaintiff's parking facilities, plaintiff is an aggrieved person entitled to appeal from zoning board's decision. 158 C. 187. New evidence may be introduced only on a direct appeal from action of board, not in action to enjoin successful applicants for a zoning variance. Id., 202. Limit of time for appeal prevented retroactive application of procedural amendment giving abutting landowners statutory right to appeal. Id., 331. Appeals must be taken under this section and Sec. 8-9 rather than any city charter sections; aggrievement means plaintiffs were specially and injuriously affected in their property or other legal rights by board's decision. 159 C. 1. Trial court may not substitute its judgment for that of town council in granting a change of zone for special development district. Id., 212. When zoning authority gives reasons for action it takes, question for court to determine on appeal is whether reasons assigned are reasonably supported by the record and pertinent to considerations which must be applied under applicable zoning regulations. Id., 534, 540. Abutting landowners have standing to appeal a zoning commission's decision. 160 C. 239. Cited. 161 C. 32; 162 C. 45, 74, 238; 163 C. 379, 615. Abutting landowner who successfully opposed application is not entitled to notice of appeal. 164 C. 187. Record of board proceeding, including exhibits, may be reconstructed by evidence in court. Id., 215. Cited. 165 C. 185; 166 C. 102; Id., 112. A resident taxpayer of a town is an “aggrieved person” with standing to appeal decision of town's zoning board to extend a nonconforming liquor store use. 167 C. 596. There is no aggrievement which is prerequisite to right of appeal when a “floating zone” is designated without attachment to particular property or area in the town. 168 C. 285. Cited. 171 C. 480; 172 C. 286; 173 C. 408; 174 C. 493; 176 C. 475; 177 C. 440; 178 C. 364; 179 C. 250; Id., 650; 180 C. 296; 181 C. 230; Id., 556; 185 C. 135; 186 C 32; Id., 106. Provisions of statute which are inconsistent with provisions of Sec. 51-197d(11) are repealed by implication. 188 C. 555. Cited. 190 C. 746; 195 C. 276; 196 C. 623. Life tenant has sufficient ownership to be entitled to recognition as a “person owning land” with right of appeal. 203 C. 317. Cited. 205 C. 413; Id., 703; 206 C. 374; 208 C. 146; Id., 476; Id., 480; 209 C. 652; 211 C. 78; Id., 85; Id., 416; Id., 662; 212 C. 375; Id., 471; Id., 628; 213 C. 604; 214 C. 400; 217 C. 588; 219 C. 511; 220 C. 584; Id., 929; 221 C. 374; 222 C. 262; Id., 380; Id., 541. Upon judicial appeal from zoning board of appeals pursuant to section, trial court must focus on decision of the board because it is the subject of the appeal. Judgment of Appellate Court in 28 CA 256 affirmed in part and modified in part. 226 C. 80. Cited. Id., 230; Id., 314; Id., 757; 228 C. 476; 229 C. 178; 232 C. 122; Id., 270; 234 C. 498; 236 C. 681; 237 C. 184; 239 C. 515. Where applicant denied for hardship, plaintiff not required to submit alternative plans before submitting claim for inverse condemnation. 247 C. 196.

Cited. 1 CA 285; 2 CA 384; Id., 506; Id., 595; 3 CA 172; Id., 496. A coholder of a life interest in property is a “person owning land” entitled to appeal under statute. Id., 550. Cited. Id., 556; Id., 576; 4 CA 205; Id., 271; Id., 500; 5 CA 455; Id., 520; 6 CA 110; Id., 317; Id., 715; 8 CA 556; 9 CA 538; 13 CA 699; 15 CA 729; 16 CA 281; Id., 604; judgment reversed, see 212 C. 628; 17 CA 150; 18 CA 69; Id., 85; Id., 159; Id., 195; Id., 488; Id., 549; Id., 722; 20 CA 302; Id., 474; Id., 561; 21 CA 340; Id., 421; 22 CA 407; Id., 606; 23 CA 75; Id., 232; Id., 256; Id., 258; 24 CA 172; 25 CA 199; 27 CA 297; Id., 590; 28 CA 344; 29 CA 402; 32 CA 799; 34 CA 685; 35 CA 204; Id., 317; Id., 599; 37 CA 105; 43 CA 545; Id., 563; 45 CA 653. Zoning board required to hold a hearing on plaintiff's zoning application. 69 CA 230. Plaintiff's failure to appeal imposition of required “sidewalk fund” contribution did not meet exceptions to rule against collateral attacks on zoning commission actions and thus was properly dismissed. 85 CA 606.

Wide discretion in board. 1 CS 89. Compared with number 305 of special acts of 1931. 10 CS 194. Superior Court has jurisdiction to hear appeals from board. 11 CS 489. Mode of service on board discussed; notice to chairman sufficient compliance; time for appeal excludes day of act. 17 CS 116. Officer of corporation which would be affected by variance is not “person aggrieved”. 15 CS 362. Building inspector is. 19 CS 349. Resident landowner of town not living in borough is “aggrieved person” in action by borough zoning board. Id., 446. In an appeal from granting of variance for sale of liquor, a “person aggrieved” held to include any landowner, resident or taxpayer of municipality affected. 21 CS 102. History discussed; where, due to mechanical failure of the recording machine no transcript is available, court may not remand case for rehearing, but it may permit introduction of additional evidence to determine what considerations were presumptively in minds of board members. 23 CS 6; judgment reversed, see 150 C. 411. Cited. 25 CS 276. This section and Secs. 8-3 and 8-9 are not so linked that the date of publication of notice must be considered as the date the decision was rendered. 26 CS 88. Part owner of property is not precluded, merely because her co-owners have not joined with her, from showing that she, as an aggrieved person, has the right to appeal to the court. Id., 170. Circumstances under which board's decisions should be overruled discussed. Id., 256. Equitable relief outside the framework of appeal procedure set up by statute might be granted in the presence of allegations of fraudulent connivance or collusion on the part of local zoning board of appeals; plaintiffs have been granted equitable relief when the zoning authority lacked the jurisdiction to take the action which plaintiff was challenging; equitable relief by way of an injunction will not be granted if the court finds that the legal remedy afforded by statute has not been exhausted. Id., 334, 335. Chairman of town planning and zoning commission is aggrieved person within section and may appeal variance granted defendant by zoning board of appeals of town. 28 CS 278. Cited. 29 CS 5; 30 CS 157; 31 CS 197; 32 CS 104; Id., 223; Id., 625; 33 CS 175; Id., 607; 35 CS 246. Portion of section in conflict with amendment to Sec. 51-197d is repealed by implication. 38 CS 356. Cited. Id., 492; 39 CS 426; Id., 523; 41 CS 218; Id., 398; 42 CS 256; 43 CS 373. Claim re denial of permit to establish a public parking lot does not require recognition of a state Bivens action because plaintiff's existing remedy under section is appropriate. 51 CS 636.

Subsec. (a):

Failure to allege publication provisions is not a jurisdictional defect requiring dismissal of appeal. 211 C. 78; Id., 416; Id., 662. Cited. 212 C. 628; 214 C. 407; 218 C. 65; Id., 265; Id., 438; 225 C. 1; 230 C. 140; 233 C. 198. Court reaffirmed long-standing interpretation of “aggrieved person” that provides that any taxpayer has automatic standing to appeal decisions involving the sale of liquor in community. 262 C. 393. When zoning decision affects a single property within a zone, “land involved in the decision of the board,” as used in Subdiv. (1), does not include the entire zone of which the affected property is part. 271 C. 152. Party was not “aggrieved” because he did not own the property that was subject to zoning application and did not own land abutting or within 100 feet of the property. 285 C. 381. Party was aggrieved under Subdiv. (1) because “land involved” language refers to the entire property abutted, even when the parcel at issue is distinct in terms of its use within a multiuse development and in terms of the application to commission. 290 C. 313. The phrase “any person” includes persons who own land in another state. 297 C. 414. Subsec. does not afford statutory aggrievement in historic district commission appeals brought pursuant to Sec. 7-147i. 325 C. 765.

Cited. 4 CA 633. Statutory aggrievement and classical aggrievement discussed. 7 CA 632. Cited. 18 CA 99; 19 CA 357; 30 CA 511; 31 CA 643; 45 CA 653. Since zoning is meant to protect the public at large, without some particular harm, such as the maintenance of a nuisance affecting the land of plaintiff or a statute allowing the maintenance of plaintiff's lawsuit, plaintiff can have no standing. 49 CA 669. Court had subject matter jurisdiction to hear appeal. 87 CA 277. Plaintiff, as town's zoning enforcement officer, was statutorily aggrieved and had standing to bring appeal challenging approval of a variance granted by town's zoning board of appeals. Id., 533. Plaintiff's access easement did not give plaintiff undisturbed possession of the land or a right to the profit of the land; accordingly, plaintiff did not fit into the category of an owner of land, for purposes of determining standing, because his rights and privileges did not confer a sufficient benefit. 109 CA 777. Plaintiff's failure to state factual basis for statutory aggrievement in complaint deprived court of subject matter jurisdiction. 113 CA 502. Subdiv. (1): Text amendment created a defined, bounded zoning district, and landed plaintiff is statutorily aggrieved because his property falls within the particular zone to which the text amendment pertained, regardless of his ability to opt out of amendments because his decision to opt out does not affect whether his neighbors opt out. 127 CA 87. Plaintiffs' allegations that they own property in the country residential zone and that defendant redefined buildable area solely in the country residential zone is sufficient to establish statutory aggrievement. 130 CA 587. When a zoning commission, as part of its sua sponte application to amend its zoning regulations or zoning map, refrains from taking action to alter in any manner the zoning classification of a particular property that is not specified in the application as the subject thereof, that property is not “land involved in the decision” of the commission pursuant to Subdiv. (1). 150 CA 489.

Cited. 41 CS 593. The trustee of a revocable trust has a sufficient ownership interest to be considered an owner for statutory aggrievement purposes. 51 CS 190.

Subsec. (b):

Failure to name statutorily mandated necessary party in citation is a jurisdictional defect. 205 C. 413. Mandates that clerk of municipality be properly cited and served as a necessary party. 206 C. 374. Cited. 207 C. 67. Clerk of fire district is a clerk of municipality required to be served. 212 C. 375. Cited. Id., 471; Id., 628; 218 C. 438; 220 C. 455; 222 C. 374; 224 C. 823; 225 C. 1; Id., 691; Id., 731; 227 C. 71; 228 C. 785; 232 C. 419; 235 C. 448. Planning commission's decision to settle pending appeal by entering into a stipulated judgment is not a “decision” within meaning of Subsec., and therefore is not appealable. 259 C. 607. Does not shorten legislatively prescribed time period within which plaintiff must serve process on the commission and the municipality, when fifteenth day falls on a day when municipal offices are closed, since to do so would deny plaintiff any remedy and leave it without recourse for what may be an otherwise meritorious appeal. 270 C. 42. Plain language of Subsec. clearly provides that any person statutorily aggrieved may take an appeal; thus, there was no merit to planning and zoning commission's claim that J Co. must be an applicant or partner in proposed project in order to be aggrieved by commission's denial of M's applications. 278 C. 660.

Cited. 13 CA 165; 18 CA 99; 24 CA 172; 29 CA 28; 31 CA 643; 35 CA 646; judgment reversed, see 235 C. 448; 45 CA 89; Id., 653. Trial court improperly held that special permit was not supported by substantial evidence in the record, substituted its interpretation of town's regulations and its judgment for those of the commission. 53 CA 636. Plaintiff appealing planning and zoning commission decision did not fail to exhaust his administrative remedies where he had no actual or constructive notice of commission's findings that defendant complied with town's zoning regulations. 66 CA 508. Court had subject matter jurisdiction to hear appeal. 87 CA 277.

Subsec. (f):

Cited. 215 C. 58. Trial court's dismissal of plaintiff's zoning appeal for lack of subject matter jurisdiction reversed; right to appeal decision of zoning board to Superior Court and procedure prescribed in section shall be liberally interpreted in any case where strict adherence to these provisions would work surprise or injustice; although plaintiffs' zoning appeal citation should have named town clerk, plaintiffs had in fact served citation on town clerk, thus plaintiffs' failure to so name town clerk is not a defect that deprived trial court of subject matter jurisdiction over the appeal. 278 C. 751. In passing P.A. 04-78, legislature clearly and specifically provided that for any zoning appeal taken prior to October 1, 2004, process was to be served in accordance with Subsec. only; since appeal was served on July 15, 2003, and plaintiffs' marshal followed the service requirements of Sec. 52-57(b)(5), leaving two copies of appeal papers with town clerk, plaintiffs did not comply with service requirements of this Subsec. which sets forth exclusive method for service of process in zoning appeals taken before October 1, 2004, and plaintiffs failed to make proper service of process for their zoning appeal. 279 C. 672. Where marshal filed one copy of process on town clerk, actual service was made and failure to file two copies of process on town clerk constituted formal defect that could be corrected pursuant to Subsec. (p). 297 C. 414.

Cited. 43 CA 606.

Subsec. (i):

Nothing in the language of section explicitly indicates that filing the record with the court was intended to be the only requirement placed on zoning authorities regarding service or that, having authorized appeals to the Superior Court, the legislature intended that the court's normal procedural rules as to service were not to be operative. 50 CS 453.

Subsec. (k):

Cited. 218 C. 438; 233 C. 198.

Cited. 25 CA 137; 40 CA 840; 43 CA 105; Id., 512. Statute does not say that trial court is required to hold evidentiary hearing. 78 CA 561. Trial court did not abuse its discretion in allowing additional evidence to be presented in zoning appeal where plaintiff was specific in spelling out the nature of his claim and who was a pro se individual objecting to a petition before the commission. 110 CA 349.

Subsec. (l):

Court reiterated previous holdings that based on evidence presented at trial, the judgment of a planning and zoning commission denying site plan application can be affirmed, reversed, modified or revised where there is no evidence or basis to support commission's decision re qualification as permitted basic neighborhood store and re evaluation of provision of parking that met zoning regulations. 287 C. 746.

Subsec. (m):

Hearing held pursuant to Subsec. serves to protect the public interest by guarding against any attempt by settling parties to evade judicial review and scrutiny by potentially aggrieved landowners. 259 C. 607.

Subsec. (n):

Purpose of hearing is to protect public interest and neither a pretrial conference nor a court hearing to enforce a settlement met the statutory requirement. 247 C. 732.

Plaintiff's appeal was moot since remand hearing was the proper forum for plaintiff to challenge the proposed settlement based on alleged negative environmental impact. 133 CA 173.

Subsec. (o):

Cited. 220 C. 61; 222 C. 374; 224 C. 823; 225 C. 1; Id., 691; Id., 731; 228 C. 498. Requirement of certification by Appellate Court held applicable to affordable housing land use appeals. 245 C. 257. Failure to make service of process on clerk of the municipality is fatal jurisdictional flaw not remedied by savings clause. 257 C. 604.

Cited. 25 CA 572; 35 CA 646; judgment reversed, see 235 C. 448.

Subsec. (q):

Plaintiff's failure to serve the borough clerk was not a technical defect in form but a substantive defect in service that could not be cured by the savings provision of Subsec.; it is the duty of plaintiff rather than the marshal to identify who must be served. 285 C. 240.

Subsec. (r):

Legislature specifically intended the limitation period to apply only to challenges of failures of notice postdating January 1, 1999, as expressed in P.A. 00-84. 98 CA 213. Subsec. prohibits an appeal made more than 1 year from an action of the commission claimed to have been made without proper notice. 120 CA 50. One year appeal period is triggered only when the commission itself, not defendant applicants, fails to comply with notice requirement. 165 CA 488.

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The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)