Sec. 29-263. (Formerly Sec. 19-398). Permit to construct or alter. Education fee.
Sec. 29-263. (Formerly Sec. 19-398). Permit to construct or alter. Education
fee. (a) Except as provided in subsection (h) of section 29-252a and the State Building
Code adopted pursuant to subsection (a) of section 29-252, after October 1, 1970, no
building or structure shall be constructed or altered until an application has been filed
with the building official and a permit issued. Such permit shall be issued or refused,
in whole or in part, within thirty days after the date of an application. No permit shall
be issued except upon application of the owner of the premises affected or the owner's
authorized agent. No permit shall be issued to a contractor who is required to be registered pursuant to chapter 400, for work to be performed by such contractor, unless the
name, business address and Department of Consumer Protection registration number
of such contractor is clearly marked on the application for the permit, and the contractor
has presented such contractor's certificate of registration as a home improvement contractor. Prior to the issuance of a permit and within said thirty-day period, the building
official shall review the plans of buildings or structures to be constructed or altered,
including, but not limited to, plans prepared by an architect licensed pursuant to chapter
390, a professional engineer licensed pursuant to chapter 391 or an interior designer
registered pursuant to chapter 396a acting within the scope of such license or registration,
to determine their compliance with the requirements of the State Building Code and,
where applicable, the local fire marshal shall review such plans to determine their compliance with the State Fire Safety Code. Such plans submitted for review shall be in
substantial compliance with the provisions of the State Building Code and, where applicable, with the provisions of the State Fire Safety Code.
(b) On and after July 1, 1999, the building official shall assess an education fee on
each building permit application. During the fiscal year commencing July 1, 1999, the
amount of such fee shall be sixteen cents per one thousand dollars of construction value
as declared on the building permit application and the building official shall remit such
fees quarterly to the Department of Public Safety, for deposit in the General Fund. Upon
deposit in the General Fund, the amount of such fees shall be credited to the appropriation
to the Department of Public Safety and shall be used for the code training and educational
programs established pursuant to section 29-251c and the educational programs required
in subsections (a) and (b) of section 29-262. On and after July 1, 2000, the assessment
shall be made in accordance with regulations adopted pursuant to subsection (d) of
section 29-251c. All fees collected pursuant to this subsection shall be maintained in a
separate account by the local building department. During the fiscal year commencing
July 1, 1999, the local building department may retain two per cent of such fees for
administrative costs incurred in collecting such fees and maintaining such account. On
and after July 1, 2000, the portion of such fees which may be retained by a local building
department shall be determined in accordance with regulations adopted pursuant to
subsection (d) of section 29-251c.
(1949 Rev., S. 4109; 1969, P.A. 443, S. 8; 1971, P.A. 802, S. 6; P.A. 82-432, S. 10, 19; P.A. 85-195, S. 2; P.A. 86-372,
S. 3; P.A. 90-230, S. 51, 101; P.A. 93-435, S. 9, 23, 95; P.A. 98-233, S. 4, 8; P.A. 99-209, S. 3, 4; P.A. 00-60; June 30 Sp.
Sess. P.A. 03-6, S. 146(d); P.A. 04-150, S. 2; 04-169, S. 17; 04-189, S. 1; P.A. 07-110, S. 5.)
History: 1969 act initiated permit requirement "after October 1, 1970" rather than "after the adoption of the state building
code by any municipality" and added provisions requiring action on application within 30 days of its submission and
requiring application by builder except where owner or his agent is applicant; 1971 act required application by owner or
his agent in all cases, builder no longer acceptable as applicant; P.A. 82-432 added provisions re review of building plans
by building official and local fire marshal prior to issuance of permit; Sec. 19-398 transferred to Sec. 29-263 in 1983; P.A.
85-195 exempted state agencies from permit requirement; P.A. 86-372 specifically required review of plans within 30-day period and required plans to substantially comply with state building and fire codes; P.A. 90-230 corrected an internal
reference; P.A. 93-435 provided that plans to be reviewed include plans prepared by architects, professional engineers or
interior designers and made a technical change in reference to Sec. 29-252a to correct subsection cite, effective June 28,
1993; P.A. 98-233 designated existing provisions as Subsec. (a) adding reference to the State Building Code adopted
pursuant to Sec. 29-252(a), and added new Subsec. (b) re assessment of education fees, effective July 1, 1999; P.A. 99-209 amended Subsec. (b) by specifying that the education fees deposited in the General Fund be credited to the Department
of Public Safety for code training and educational programs, effective July 1, 1999; P.A. 00-60 amended Subsec. (a) by
adding requirements for application information and for proof of contractor's certificate of registration to be presented
prior to permit issuance and by making technical changes for purposes of gender neutrality; June 30 Sp. Sess. P.A. 03-6
and P.A. 04-169 replaced Department of Consumer Protection with Department of Agriculture and Consumer Protection,
effective July 1, 2004; P.A. 04-150 amended Subsec. (b) to require education fee to be used for the educational programs
required in Sec. 29-262 (a) and (b); P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the
merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004; P.A. 07-110 made a technical
change in Subsec. (b).
See Sec. 20-417a(8) re new home construction.
Annotation to former section 19-398:
Where a building permit has been properly obtained it may not arbitrarily be revoked, particularly where on the faith
of it the owner has incurred material expense and substantial liabilities. 23 CS 461.
Annotations to present section:
Cited. 10 CA 581. Cited. 18 CA 40. Actual notice to defendant by state building inspector that his roof repair required
permit constituted fair warning and defeated defendant's claim that section is unconstitutionally vague. 64 CA 480.