AMENDMENTS TO THE 1996 INTERNATIONAL MECHANICAL CODE

CHAPTER 1 - ADMINISTRATION

(Amd) 101.1 Title: These regulations shall be known as the 1996 International Mechanical Code portion of the State Building Code, hereinafter referred to as "the code" or "this code."

(Amd) 102.6 Historic buildings: Pursuant to section 29-259, C.G.S., exemptions may be granted to the provisions of this code for historic structures as defined by section 10-321a, C.G.S., which have been classified as such in the State Register of Historic Places, as long as the provisions of subsection (b) of section 29-259, C.G.S., are adhered to and provided that such exemptions shall not affect the safe design, use or construction of such property.

(Amd) 103.2 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.

(Del) 104.2 Rule making authority: Delete without substitution.

(Amd) 104.5 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.

(Amd) 105.1 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 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.

(Add) 105.1.1 Accessibility exemptions: 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 under this section and 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 section 29-269, C.G.S.

(Amd) 106.4 Permit issuance: The application, construction documents and other data filed by the applicant for the permit shall be reviewed by the code official within 30 days after the date of application. If the code official finds that the proposed work conforms to the requirements of this code and that the required fees have been paid, a permit shall be issued to the applicant. If the application and supporting documents do not meet the aforesaid requirements, the code official shall reject the application in writing.

(Add) 106.4.6.1 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 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.

(Amd) 106.5.2 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.

(Amd) 106.5.3 Fee refunds: In the case of the revocation of a permit or abandonment or discontinuance of a building project, the portion of the work actually completed shall be computed and any excess fee for the incomplete work shall be returned to the permit holder upon written request. All plan examination and permit processing fees and all penalties that have been imposed on the permit holder under the requirements of this code shall first be collected.

(Amd) 108.4 Violation penalties: Any person who violates any provisions 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) 108.5 Stop work orders: Upon notice from the code official, work on any mechanical system that is being done contrary to the provisions of this code or in a dangerous or unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which the work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. 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 108.4.

(Amd) 109.1 Application for appeal: 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 and regulations have 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 subsection (b) of section 29-266, C.G.S.

(Add) 109.1.1 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) 109.2 Membership of board: 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) 109.2.1 Qualifications: One member of the municipal 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) 109.3 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) 109.4.1 Procedure: Upon receipt of an appeal from a person other than the owner or his agent, the municipal board of appeals shall first determine whether such person has a right to appeal.

(Add) 109.4.2 Appointment of 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) 109.5 Postponed hearing: Delete without substitution.

(Amd) 109.6 Board decision: 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) 109.7 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) 109.8 Court review: Any person aggrieved by any ruling of the Codes and Standards Committee may appeal to the Superior Court for the judicial district in which such building or structure has been or is being erected.