Sec. 29-252. (Formerly Sec. 19-395). State Building Code: Adoption, revision and amendments. State Building Inspector: Appointment; interpretations of code. Appeal.
Sec. 29-252. (Formerly Sec. 19-395). State Building Code: Adoption, revision
and amendments. State Building Inspector: Appointment; interpretations of code.
Appeal. (a) As used in this subsection, "geotechnical" means any geological condition,
such as soil and subsurface soil conditions, which may affect the structural characteristics of a building or structure. 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 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 not later than January 1, 2005, and
thereafter as deemed necessary to incorporate any subsequent revisions to the code not
later than eighteen months following the date of first publication of said 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. Said Building Code includes any code, rule or
regulation incorporated therein by reference.
(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.)
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.
Annotation to former section 19-395:
Cited. 4 Conn. Cir. Ct. 515.
Annotation to present section:
Cited. 211 C. 690.