Sec. 29-262. (Formerly Sec. 19-397a). Licensure of building officials. Continuing educational programs. Suspension or revocation of license or certificate. Hearing. Appeal. Indemnification.
Sec. 29-262. (Formerly Sec. 19-397a). Licensure of building officials. Continuing educational programs. Suspension or revocation of license or certificate. Hearing. Appeal. Indemnification. (a) The State Building Inspector and the Codes and
Standards Committee acting jointly, with the approval of the Commissioner of Public
Safety, shall require passage of a written examination and successful completion of a
suitable educational program of training as proof of qualification pursuant to section
29-261 to be eligible to be a building official. No person shall act as a building official
for any municipality until the State Building Inspector, upon a determination of qualification, issues a license to such person except that a license shall not be required (1) in
the case of a person certified prior to January 1, 1984, or (2) in the case of a provisional
appointment, for a period not to exceed ninety days in order to complete such training
program and licensure classes, made in accordance with standards established in regulations adopted by the State Building Inspector and the Codes and Standards Committee
in accordance with the provisions of chapter 54. The State Building Inspector and the
Codes and Standards Committee, with the approval of the Commissioner of Public
Safety, shall adopt regulations, in accordance with chapter 54, to (A) establish classes
of licensure that will recognize the varying complexities of code enforcement in the
municipalities within the state, and (B) require continuing educational programs for
each such class that shall include basic requirements for each such program and a system
of control and reporting. Any licensed or certified building official or inspector who
wishes to retire his or her license or certificate may apply to the office of the State
Building Inspector to have such license or certificate retired and be issued a certificate
of emeritus. Such retired official or inspector may no longer hold himself or herself out
as a licensed or certified official or inspector.
(b) The State Building Inspector shall prepare and conduct or approve continuing
educational programs designed to train and assist building officials in carrying out the
duties and responsibilities of their office. Such educational programs shall be in addition
to the program specified under subsection (a) of this section and shall consist of not less
than ninety hours of training over consecutive three-year periods. Each building official
shall attend such training programs and present proof of successful completion to the
State Building Inspector. The State Building Inspector may, after notice and opportunity
for hearing, revoke any license issued under the provisions of subsection (a) of this
section or any certificate issued prior to January 1, 1984, for failure on the part of any
building official to present such proof.
(c) The fees for the educational programs of training required in subsections (a) and
(b) of this section and the cost of textbooks for such programs shall be paid from the
education fee assessed pursuant to section 29-263. Any person may participate in the
educational programs specified under subsection (b) of this section at his own expense
where space is available.
(d) The Codes and Standards Committee may suspend or revoke the license or
certificate of any building official who fails to faithfully perform the duties of his office.
No such building official may have his license or certificate suspended or revoked unless
he has been given notice in writing of the specific grounds for such action and an opportunity to be heard in his own defense, personally or by counsel, at a hearing before the
Codes and Standards Committee. Such hearing shall be held in accordance with the
provisions of chapter 54. Any such building official may appeal such suspension or
revocation to the Superior Court in accordance with the provisions of section 4-183.
Said court shall review the record of such hearing and, if it appears upon the hearing
on the appeal that testimony is necessary for an equitable disposition of the appeal, it
may take evidence or appoint a referee or a committee to take such evidence as it may
direct and report the same to the court with his or its findings of fact, which report shall
constitute a part of the proceedings upon which the determination of the court shall be
made. The court may affirm the action of the Codes and Standards Committee or may
set the same aside if it finds that such committee acted illegally or in the abuse of its
discretion.
(e) For purposes of indemnification of any building official against any losses, damages or liabilities arising out of the performance of his official duties, the building official
shall be deemed to be acting for the municipality in which he was appointed.
(1969, P.A. 443, S. 7; P.A. 77-614, S. 498, 610; P.A. 78-303, S. 19, 136; P.A. 82-432, S. 9, 19; P.A. 86-372, S. 2; P.A.
87-105; P.A. 88-359, S. 3, 12; P.A. 89-255, S. 3, 7; P.A. 91-117, S. 1, 2; P.A. 04-150, S. 1.)
History: P.A. 77-614 replaced public works commissioner with commissioner of public safety, effective January 1,
1979; P.A. 78-303 replaced public works commissioner with commissioner of administrative services for period between
June 6, 1978 and January 1, 1979; P.A. 82-432 replaced building code standards committee with codes and standards
committee, required that building official pass examination and successfully complete educational program where previously one of the two was sufficient and replaced certification procedure with licensure procedure as specified; Sec. 19-397a transferred to Sec. 29-262 in 1983; P.A. 86-372 divided section into Subsecs., required municipalities to pay fees
associated with training programs and added provision re indemnification; P.A. 87-105 amended Subsec. (a), providing
an exemption from licensure in the case of a provisional appointment made according to standards established in regulations
and deleting reference to "initial" appointment; P.A. 88-359 amended Subsec. (a)(2) re provisional appointment to delete
reference to minimum period of time necessary, substituting in lieu thereof, a period not to exceed 90 days, inserted new
provisions in Subsec. (b) requiring continuing education for local building officials, consisting of a minimum of 90 hours
over three years and revocation of licensure for failure to complete such educational programs and relettered remaining
Subsecs., inserting in Subsec. (c) provision authorizing any person to participate in educational programs in Subsec. (b)
at own expense where space is available; P.A. 89-255 amended Subsec. (b) to clarify that the educational program be of
a continuing nature and inserted new Subsec. (d) relative to the suspension or revocation of a local building official's
license for failure to perform duties of his office, relettering former Subsec. (d) as (e); P.A. 91-117 amended Subsec. (b)
to permit state building inspector to revoke any certificate issued prior to January 1, 1984, for building official's failure
to present proof of successful completion of continuing educational programs and Subsec. (d) to permit codes and standards
committee to suspend or revoke certificate of any such official who fails to faithfully perform official duties; P.A. 04-150
amended Subsec. (a) to require adoption of regulations to establish classes of licensure that recognize varying complexities
of code enforcement in municipalities and to require continuing educational programs for each such class that shall include
basic requirements for each such program and a system of control and reporting, and to authorize application by any
licensed or certified building official or inspector who wishes to retire his or her license or certificate to the State Building
Inspector to have such license or certificate retired and to be issued a certificate of emeritus, amended Subsec. (b) to make
a technical change, and amended Subsec. (c) to eliminate responsibility of each municipality for full payment of fees for
educational programs of training and to require that such fees be paid from the education fee assessed pursuant to Sec.
29-263.
See Sec. 29-251b re Building Code Training Council.
Subsec. (a):
Cited. 219 C. 217.