AMENDMENTS TO THE CABO ONE AND TWO FAMILY DWELLING CODE 1995 EDITION

CHAPTER 1 - GENERAL ADMINISTRATION

(Amd) 101.1 One and Two Family Dwelling Code: These regulations shall be known as the 1995 CABO One and Two Family Dwelling Code portion of the State Building Code, hereinafter referred to as "the code" or "this code."

(Amd) 103.1 Application: Unless at the time of permit application the applicant chooses to follow the requirements of Use Group R-3 as set forth in the BOCA National Building Code/1996 portion of the State Building Code, the provisions of the 1995 CABO One and Two Family Dwelling Code shall apply to the construction, addition, prefabrication, alteration, repair, use, occupancy and maintenance of detached one- and two-family dwellings and one-family townhouses not more than two stories and 35 feet in height, plus habitable attic, 4,800 square feet per floor, and their accessory structures. This code shall be considered the minimum requirements for structures in the R-4 Use Group classification and shall be followed in its entirety. Structures exceeding these limitations shall comply with Use Group R-3 in the BOCA National Building Code/1996 portion of the State Building Code.

(Amd) 105.1 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) 106.2 Violation and 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.

(Del) 106.4 Penalty - Delete without substitution.

(Del) SECTION 107 - RIGHT OF APPEAL Delete this section in its entirety and replace with the following:

(Add) 107.1 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) 107.1.1 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.

(Add) 107.2 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.

(Add) 107.2.1 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.

(Add) 107.2.2 Alternate members. The chief appointing authority shall appoint two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for five years or until a successor has been appointed.

(Add) 107.2.3 Chairman. The board shall annually select one of its members to serve as chairman.

(Add) 107.2.4 Disqualification of member. A member shall not hear an appeal in which that member has any personal, professional or financial interest.

(Add) 107.2.5 Secretary. The chief administrative officer shall designate a qualified clerk to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative officer.

(Add) 107.3 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.

(Add) 107.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant’s representative, the code official and any person whose interests are affected shall be given an opportunity to be heard.

(Add) 107.4.1 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) 107.4.2 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.

(Add) 107.5 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.

(Add) 107.5.1 Resolution. The decision by the board shall be by resolution. Certified copies shall be furnished to the appellant and to the code official.

(Add) 107.5.2 Administration. The code official shall take immediate action in accordance with the decision of the board.

(Add) 107.6 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) 107.7 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.

(Amd) 108.1 Alternate materials, methods and equipment: The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire-resistance, durability and safety.

(Amd) 108.3 Tests. In the absence of approved rules or other approved standards, the code official shall make, or cause to be made, the necessary tests and investigations; or the code official shall accept duly authenticated reports from approved agencies regarding the quality and manner of use of new materials or assemblies. The cost of all tests and other investigations shall be borne by the permit applicant.

(Amd) 109.1 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 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.

(Add) 111.1.2 Action on application: In accordance with section 29-263, C.G.S., the code official shall examine or cause to be examined all applications for permits and amendments thereto and a permit shall be issued or refused, in whole or in part, within 30 days after the date of application. If the application or the construction documents are not in substantial compliance with the provisions of the State Building Code, the code official shall reject such application in writing, stating reasons therefore.

(Amd) 111.2 Permit fees: 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) 112.3 Return of plans: In accordance with the provisions of subsection (e) of section 29-261, C.G.S., the code official shall return plans 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.

(Add) 113.1.6.1 Certificate of occupancy: 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. Such certificate of occupancy shall be obtained in accordance with the provisions of section 29-265, C.G.S.

(Amd) 114.1 General: A certificate of approval by an approved agency shall be furnished with every prefabricated assembly, including modular housing, except where all elements of the assembly are readily accessible for inspection at the site. Placement of prefabricated assemblies and the connections to public utilities and private water and septic systems at the building site, as well as any site built or installed components or equipment shall be inspected by the code official to determine compliance with this code. A final inspection shall be provided in accordance with Section 113.1.6.

(Add) 114.2 Manufactured housing used as dwellings: Provisions for foundation systems and building service equipment connections necessary to provide for the installation of new manufactured homes and existing manufactured homes to which additions, alterations or repairs are made are contained in Appendix A.

(Del) 115.0 Swimming pools, spas and hot tubs: Delete section and subsections and replace with: The installation of private swimming pools, spas and hot tubs shall be subject to the requirements of Section 421.0 of the BOCA National Building Code/1996 portion of the State Building Code.

(Add) 118.2 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 106.2.

(Amd) 119.1 General: Provisions for energy conservation shall be as contained in Appendix E.

(Add) SECTION 120 - UNSAFE STRUCTURES AND EQUIPMENT

(Add) 120.1 General: The procedures to be followed regarding unsafe structures and equipment shall be as set forth in Section 119.0 of the BOCA National Building Code/1996 portion of the State Building Code.

(Add) SECTION 121 - EMERGENCY MEASURES

(Add) 121.1 General: The procedures to be followed regarding emergency measures shall be as set forth in Section 120.0 of the BOCA National Building Code/1996 portion of the State Building Code.