Sec. 29-259. (Formerly Sec. 19-395t). Exemption from code for urban homesteading property and historic structures.
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 director of the Office
of Protection and Advocacy for Persons with Disabilities and to the director of the
Connecticut Commission on Culture and Tourism. Each of said directors shall, within
thirty days of receipt, review such application and make such written recommendations
as he deems appropriate to the State Building Inspector and the Codes and Standards
Committee concerning the disposition of such application. The recommendations of
such directors 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 it 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 of specification, a
copy of such determination shall be sent to each of said directors.
(c) Regulations or codes made or amended by authority of this section shall, after
a public hearing called for that purpose by the State Building Inspector not less than
thirty days before the date of such hearing, be filed by the State Building Inspector with
the Secretary of the State in accordance with the provisions of chapter 54 and he shall
thereafter make copies available to persons having an interest therein.
(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.)
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.
Annotation to former section 19-395t:
Cited. 200 C. 151.
Annotation to present section:
Cited. 200 C. 151.