AMENDMENTS TO THE BOCA NATIONAL BUILDING CODE/1996

CHAPTER 1 - ADMINISTRATION

(Amd) 101.1 Title: Section 29-252-1c, together with the BOCA National Building Code/1996, the 1997 International Plumbing Code, the 1996 International Mechanical Code, the 1999 National Electrical Code, and the CABO One and Two Family Dwelling Code, 1995 Edition, shall be known as the State Building Code, hereinafter referred to as "the code" or "this code."

(Add) 101.1.1 Statutes: In accordance with the provisions of sections 29-252a and 29-253 of the Connecticut General Statutes (C.G.S.), respectively, this code shall be the building code for all towns, cities and boroughs and all state agencies.

(Amd) 104.2 Appointment: The chief executive officer of any town, city or borough shall appoint an officer to administer this code, and this officer shall be known as the "building official" in accordance with section 29-260, C.G.S., and referred to herein as the building official, local building official or code official.

(Amd) 105.6 Rule making authority: The State Building Inspector and the Codes and Standards Committee shall, jointly, with the approval of the Commissioner of Public Safety, adopt and administer a State Building Code for the purpose of regulating the design, construction and use of buildings or structures to be erected and the alteration of buildings or structures already erected and make such amendments thereto as they, from time to time, deem necessary or desirable.

(Amd) 106.2 Modifications: The State Building Inspector may grant variations or exemptions from, or approve equivalent or alternative compliance with the State Building Code where strict compliance with the State Building Code would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided that the intent of the law shall be observed and public welfare and safety be assured. Any person aggrieved by any decision of the State Building Inspector may appeal to the Codes and Standards Committee within 14 days after mailing of the decision in accordance with subsection (b) of section 29-254, C.G.S.

(Amd) 106.2.1 Records: The application for modification, variation or exemption and the decision of the State Building Inspector shall be in writing and shall be officially recorded with the application for a building permit in the permanent records of the code official.

(Add) 106.2.2 Accessibility exemption: Any variation of or exemption from any provisions relating to accessibility to, use of, and egress from, buildings and structures as required herein shall be permitted only when approved by the State Building Inspector and the Executive Director of the Office of Protection and Advocacy for Persons with Disabilities, acting jointly, pursuant to subsection (b) of section 29-269, C.G.S. Any person aggrieved by the joint decision of the State Building Inspector and the Executive Director of the Office of Protection and Advocacy for Persons with Disabilities may appeal to the Codes and Standards Committee within 30 days after such decision has been rendered in accordance with subsection (b) of section 29-269, C.G.S.

(Add) 106.2.3 Historic structures exemption: See Section 3406.1.

(Add) 106.2.4 Urban homesteading property exemption: In accordance with section 29-259, C.G.S., exemptions may be granted to the provisions of this code for property acquired by an urban homesteading agency, pursuant to section 8-169r, C.G.S., and transferred to a qualified applicant pursuant to section 8-169s, C.G.S., provided such exemptions shall not affect the safe design, use or construction of such property. Exemptions shall be granted in accordance with Section 106.2 of this code.

(Add) 107.1.2 State agency exemptions: A State agency shall not be required to obtain a building permit from the local building official. A State agency shall obtain a building permit for construction or alteration of state buildings or structures from the State Building Inspector in accordance with the provisions of section 29-252a, C.G.S.

Exception: State agencies shall obtain demolition permits from the local building official in accordance with the provisions of sections 29-401 through 29-415, C.G.S.

(Amd) 107.6.1 Private sewage disposal system: The site plan shall indicate the location of a private sewage disposal system where a public sewer is not available. Private sewage disposal systems shall be designed and installed in accordance with the requirements of the Public Health Code adopted under authority of section 19a-36, C.G.S. All technical and soil data required by the Public Health Code shall be submitted with the site plan.

(Amd) 107.9 Time limitation of application: An application for a permit for any proposed work shall be deemed to have been abandoned six months after the date of filing, unless such application has been diligently prosecuted or a permit shall have been issued; except that the code official shall grant not more than two extensions of time for additional periods not exceeding 90 days each if there is reasonable cause. For the purpose of this section, diligently prosecuted shall mean actions by the applicant within the six-month time period or extensions toward the issuance of the permit including, but not limited to, making application for such other state and local approvals as may be required.

(Add) 108.1.1 Construction document review: Prior to the issuance of a permit, which shall be issued or refused, in whole or in part, within 30 days of the date of application, the code official shall review the construction documents of the buildings or structures to be constructed or altered to determine their substantial compliance with the requirements of the code in effect at the time of receipt of application. In order to meet the 30-day requirement set forth herein, construction documents shall be submitted by the applicant to both the code official and the local fire marshal, concurrently.

(Amd) 109.1 General: The code official is authorized to issue a permit for the construction of temporary structures of limited size and use. The permits for such structures shall be restricted as to duration of service. In no case shall temporary use or construction be permitted for more than one year.

(Amd) 109.3 Termination of approval: The code official is hereby authorized to terminate such special approval, revoke the permit issued for temporary construction, and order the demolition of such construction at his or her discretion.

(Add) 110.4 Demolition of structures: The demolition of structures shall be conducted in accordance with sections 29-401-1 to 29-401-5, inclusive, of the Regulations of Connecticut State Agencies, known as the State Demolition Code, and Section 110.0 and Chapter 33 of this code.

(Amd) 112.3.1 Fee schedule: Each municipality shall establish a schedule of fees for each construction document review, building permit, and certificate of occupancy. A schedule of adopted fees shall be posted for public view.

(Add) 113.2.3 Posting for required inspections: A schedule of required inspections shall be compiled by the code official. The schedule shall be posted in the building department for public view.

(Amd) 113.4 Right of entry: In accordance with the provisions of section 29-261, C.G.S., the building official or his assistant shall have the right of entry to buildings or structures, except single-family residences, for the proper performance of his duties between the hours of nine a.m. and five p.m., except that in the case of an emergency, he shall have the right of entry at any time, if such entry is necessary in the interest of public safety. 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 official or his assistant shall immediately make inspection in accordance with the provisions of section 29-393, C.G.S.

(Add) 114.1.1 Additional requirements: In accordance with section 29-276c, C.G.S., the plans and specifications for any proposed structure or addition classified as (1) assembly, educational, institutional, high hazard, transient residential, which includes hotels, motels, rooming or boarding houses, dormitories or similar buildings, other than residential buildings designed to be occupied by one or more families, without limitation as to size or number of stories; (2) business, factory and industrial, mercantile, moderate and low hazard storage, having three stories or more or exceeding 30,000 square feet total gross area; and (3) nontransient residential dwellings having more than 16 units or 24,000 square feet total gross area per building, shall be sealed by a licensed architect or professional engineer. Such design professionals shall be responsible for the review of shop drawings and the observation of construction. In the event such architect or engineer is unable to fulfill his review responsibilities, an additional architect or engineer shall be retained and the local building official shall be informed, in writing, of such retainer. If fabricated structural load-bearing members or assemblies are used in such construction, the licensed professional engineer responsible for the design of such members or assemblies shall be responsible for the implementation of his design by reviewing the fabrication process to ensure conformance with his design specifications and parameters.

(Add) 114.3 Requirements for structures exceeding threshold limits: For the purposes of this section, the term "threshold limit" shall apply to any structure or addition thereto: (1) having four stories; (2) 60 feet in height; (3) with a clear span of 150 feet in width; (4) containing 150,000 square feet of total gross floor area; or (5) with an occupancy of 1,000 persons.

The following use groups shall have the following additional threshold limits:

Pursuant to the requirements of section 29-276b, C.G.S., if a proposed structure or addition will exceed the threshold limit as defined or as provided herein, the owner of the proposed structure or addition shall inform the code official of the municipality in which the building shall be located, or the State Building Inspector pursuant to subsection (b) of section 29-252a, C.G.S., not less than 90 days prior to the submission of any application for permit, and said code official shall require that an independent structural engineering consultant review the structural construction documents of the structure or addition to be constructed to determine compliance with the requirements of the code. Any modifications of approved plans or design specifications shall require shop drawings to determine compliance with the requirements of the code and shall be reviewed by such consultant.

Each architect, professional engineer and general contractor involved in the construction of a structure or addition which exceeds the threshold limits, including the professional engineer responsible for the design of fabricated structural load-bearing members and assemblies used in such construction, shall sign a statement of professional opinion affirming that the completed construction is in substantial compliance with the approved plans and design specifications.

(Add) 114.3.1 Lift slab construction: Pursuant to subsection (b) of section 29-276a, C.G.S., any building designed to be constructed utilizing the lift slab method of construction shall be classified as exceeding the "threshold limit" and shall be subject to the provisions of Sections 114.3.

(Add) 114.3.2 Lift slab operations: All buildings and structures utilizing the lift slab method of construction shall comply with the provisions of 29 C.F.R. Part 1926 and Section 31-372-107-1926 of the Regulations of Connecticut State Agencies.

(Amd) 116.4 Violation penalties: Any person who violates any provision of this code shall be fined not less than two hundred nor more than one thousand dollars or imprisoned not more than six months or both, pursuant to section 29-254a, C.G.S.

(Amd) 117.2 Unlawful continuance: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable for penalties in accordance with Section 116.4.

(Amd) 118.1 General: A certificate of occupancy, indicating completion of the work for which a permit was issued, shall be obtained prior to any occupancy of a structure except as provided for in Section 118.2. Such certificate of occupancy shall be in accordance with section 29-265, C.G.S., and subsection (b) of section 29-276c, C.G.S.

(Add) 118.1.1 State agency: State agencies shall not be required to obtain certificates of occupancy from local building officials. State agencies shall obtain certificates of occupancy from the State Building Inspector in accordance with the provisions of section 29-252a, C.G.S.

(Add) 118.1.2 Statement of professional opinion: In accordance with the provisions of section 29-276c, C.G.S., no certificate of occupancy shall be issued for a proposed structure or addition to buildings classified as (1) assembly, educational, institutional, high hazard, transient residential, which includes hotels, motels, rooming or boarding houses, dormitories or similar buildings, other than residential buildings designed to be occupied by one or more families, without limitation as to size or number of stories; (2) business, factory and industrial, mercantile, moderate and low hazard storage, having three stories or more or exceeding 30,000 square feet total gross area; and (3) nontransient residential dwellings having more than 16 units or 24,000 square feet total gross area per building, until the building official has been provided with a statement signed by the architect or professional engineer and the general contractor stating that the completed structure or addition is in substantial compliance with the approved plans on file.

(Amd) 118.3 Issuance of certificate: Pursuant to subsection (a) of section 29-265, C.G.S., no building or structure erected or altered in any municipality after October 1, 1970, shall be occupied or used, in whole or in part, until a certificate of occupancy has been issued by the code official, certifying that such building or structure substantially complies with the provisions of the State Building Code. Nothing in the code shall require the removal, alteration or abandonment of, or prevent the continuance of the use and occupancy of, any single-family dwelling but within six years of the date of occupancy of such dwelling after substantial completion of construction of, alteration to, or addition to such dwelling, or of a building lawfully existing on October 1, 1945, except as may be necessary for the safety of life or property. The use of a building or premises shall not be deemed to have changed because of a temporary vacancy or change of ownership or tenancy.

(Add) 118.3.1 Partial occupancy: A partial certificate of occupancy may be issued by the code official for a portion of the building or structure when, in the code official’s sole opinion, adequate egress facilities, accessibility features, and health and safety requirements are in compliance as required herein.

(Add) 118.5 Return of construction documents: In accordance with the provisions of subsection (e) of section 29-261, C.G.S., the code official shall return construction documents which are on file at the time of the request for the issuance of a certificate of occupancy for any single-family dwelling or out-building to the owner of such dwelling or building no earlier than two years after the issuance of the certificate of occupancy. Unless a written request for return of such documents was made at the time that the certificate of occupancy was issued, the documents may be disposed of in accordance with the provisions of Chapter 97, C.G.S.

(Add) 119.7 Penalty: Pursuant to the provisions of section 29-394, C.G.S., any person who, by himself or his agent, fails to comply with the written order of a building inspector, or the mayor of a city, the warden of a borough or the first selectman of a town not having 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 more than five hundred dollars or imprisoned not more than six months.

(Amd) 121.1 Appeal from decision of code official: When the code 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 has been misconstrued or wrongly interpreted, the permit, in whole or in part, having been refused by the code official, or when the code official issues a written order under subsection (c) of section 29-261, C.G.S., the owner of such building or structure, whether already erected or to be erected, or his authorized agent may appeal in writing from the decision of the code official to the municipal board of appeals. A person, other than such owner, who claims to be aggrieved by any decision of the code official may, by himself or his authorized agent, appeal in writing from the decision of the code official to the municipal board of appeals as provided by section 29-266, C.G.S.

(Add) 121.1.1 State Building Inspector review: In accordance with the provisions of section 29-252, C.G.S., the State Building Inspector or his designee shall review a decision by a local building official or municipal board of appeals appointed pursuant to section 29-266, C.G.S., when he has reason to believe that such official or board has misconstrued or misinterpreted any provision of the State Building Code.

(Amd) 121.2 Appointment of municipal board of appeals: A municipal board of appeals consisting of five members shall be appointed in accordance with the provisions of subsection (a) of section 29-266, C.G.S.

(Amd) 121.2.1 Qualifications: One member of the board of appeals shall be appointed from the general public. The other four members shall have at least five years experience each in either building design, building construction, or supervision of building construction.

(Amd) 121.3 Notice of meeting: Each appeal under this subsection shall be heard in the municipality for which the code official serves within five days, exclusive of Saturdays, Sundays, and legal holidays, after the date of receipt of the appeal.

(Amd) 121.4.1 Determination of aggrievement: Upon receipt of an appeal from a person other than the owner or his agent, the board of appeals shall first determine whether such person has a right to appeal.

(Add) 121.4.2 Appointment of a panel: Upon receipt of an appeal from an owner or his agent, or approval of an appeal by a person other than the owner, the chairman of the municipal board of appeals shall appoint a panel of not less than three members of such board to hear such appeal.

(Del) 121.5 Postponed hearing: Delete without substitution.

(Amd) 121.6 Rendering of decisions: The panel shall, upon majority vote of its members, affirm, modify or reverse the decision of the code official in a written decision upon the appeal and file such decision with the code 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 the decision shall be mailed, prior to such filing, to the party taking the appeal.

(Amd) 121.7 Appeal to the Codes and Standards Committee: Any person aggrieved by the decision of a municipal board of appeals may appeal to the Codes and Standards Committee within 14 days after the filing of the decision with the code official in accordance with the provisions of section 29-266, C.G.S.

(Add) 121.8 Court review: 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.

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