Sec. 29-261. (Formerly Sec. 19-397). Qualifications of building official and assistant building officials. Powers and duties. Return of building plans and specifications.
Sec. 29-261. (Formerly Sec. 19-397). Qualifications of building official and assistant building officials. Powers and duties. Return of building plans and specifications. (a) The building official, to be eligible for appointment, shall have had at least
five years' experience in construction, design or supervision and assistant building officials shall have had at least three years' experience in construction, design or supervision,
or equivalent experience as determined by the Commissioner of Public Safety. They
shall be generally informed on the quality and strength of building materials, on the
accepted requirements of building construction, on the accepted requirements of design
and construction relating to accessibility to and use of buildings by the physically disabled, on good practice in fire prevention, on the accepted requirements regarding light
and ventilation, on the accepted requirements for safe exit facilities and on other items
of equipment essential for the safety, comfort and convenience of occupants and shall
be certified under the provisions of section 29-262.
(b) The building official or assistant building official shall pass upon any question
relative to the mode, manner of construction or materials to be used in the erection or
alteration of buildings or structures, pursuant to applicable provisions of the State Building Code and in accordance with rules and regulations adopted by the Department of
Public Safety. They shall require compliance with the provisions of the State Building
Code, of all rules lawfully adopted and promulgated thereunder and of laws relating to
the construction, alteration, repair, removal, demolition and integral equipment and
location, use, accessibility, occupancy and maintenance of buildings and structures,
except as may be otherwise provided for.
(c) A building official may request proof of licensure from any person at a construction site for which a building permit was issued. If such official finds any person engaging
in or practicing work in an occupation for which a license is required under chapters
393 and 393a, without first having obtained an apprentice permit or a license for such
work or occupation, the building official may issue a written order and personally deliver
such order or send such order by certified mail to the person holding such building
permit. Such order may require that any person working at such site without the required
permit or license shall cease work at the site immediately. The unlicensed person may
perform such work or occupation at the construction site upon submission of documentation satisfactory to the building official of compliance under said chapters 393 and 393a.
(d) The building official or his assistant shall have the right of entry to such 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.
(e) Notwithstanding any provision of the Freedom of Information Act, as defined
in section 1-200, or the State Building Code, upon receipt of a written request signed
by the owner of plans and specifications on file for a single-family dwelling or out-building, the building official shall immediately return the original plans and specifications to the owner after a certificate of occupancy is issued with respect to the plans and
specifications.
(1949 Rev., S. 4108; 1969, P.A. 443, S. 6; 1971, P.A. 573, S. 1; 802, S. 5; P.A. 82-279, S. 1, 4; P.A. 86-372, S. 4; P.A.
87-55; P.A. 88-356, S. 3; 88-364, S. 45, 123; P.A. 92-164, S. 1; P.A. 97-47, S. 34; P.A. 02-115, S. 1; P.A. 03-205, S. 1.)
History: 1969 act required that building official be certified under Sec. 19-397a and revised conditions under which
qualifications need not be fulfilled, i.e. in case of official holding office before October 1, 1970, provided certification is
achieved within four years (October 1, 1974), previously officials holding office before municipality adopted state building
code were excused from qualifications; 1971 acts replaced "October 1, 1970" with "October 1, 1971", made provisions
applicable to assistant building officials and required them to have at least three years' experience in construction, design
or supervision and required officials to act "pursuant to applicable provisions of the state building code and in accordance
with rules and regulations adopted by the board of materials review"; P.A. 82-279 transferred regulatory functions from
board of materials review to public safety department, effective July 1, 1983; Sec. 19-397 transferred to Sec. 29-261 in
1983; P.A. 86-372 subdivided the section into Subsecs. and added provision requiring return of plans and specifications;
P.A. 87-55 amended Subsec. (a), requiring building official and assistant building officials to be informed on design and
construction requirements concerning handicapped accessibility; P.A. 88-356 and 88-364 amended Subsec. (a) to eliminate
exception for building officials or assistant building officials holding office in any municipality prior to October 1, 1971;
P.A. 92-164 inserted new Subsec. (c) authorizing building officials to request proof of licensure from any person at a
construction site and relettered the remaining Subsecs.; P.A. 97-47 amended Subsec. (e) by substituting reference to "the
Freedom of Information Act, as defined in Sec. 1-18a" for "chapter 3"; P.A. 02-115 amended Subsec. (a) to allow building
official and assistant building officials to have equivalent experience as determined by the Commissioner of Public Safety;
P.A. 03-205 amended Subsec. (e) to make a technical change and replace former provisions re return of plans and specifications with provisions requiring the return of original plans and specifications to the owner of a single-family dwelling or
out-building after a certificate of occupancy is issued and a signed written request is received.
Cited. 208 C. 620.
Cited. 15 CA 323.