Sec. 29-265. (Formerly Sec. 19-400). Certificate of occupancy.
Sec. 29-265. (Formerly Sec. 19-400). Certificate of occupancy. (a) Except as
provided in subsection (h) of section 29-252a, no building or structure erected or altered
in any municipality after October 1, 1970, shall be occupied or used, in whole or in part,
until a certificate of occupancy, as defined in the regulations adopted under section 29-252, has been issued by the building official, certifying that such building, structure or
work performed pursuant to the building permit substantially conforms to the provisions
of the State Building Code and the regulations lawfully adopted under said code. Nothing
in the code or in this part shall require the removal, alteration or abandonment of, or
prevent the continuance of the use and occupancy of, any single-family dwelling but
within six years of the date of occupancy of such dwelling after substantial completion
of construction of, alteration to or addition to such dwelling, or of a building lawfully
existing on October 1, 1945, except as may be necessary for the safety of life or property.
The use of a building or premises shall not be deemed to have changed because of a
temporary vacancy or change of ownership or tenancy.
(b) No building official shall refuse to issue a certificate of occupancy for any single-family dwelling because such dwelling is not connected to an electric utility if such
dwelling is otherwise in conformity with the requirements of this section and applicable
local health codes and is equipped with an alternative energy system. A certificate issued
under this section shall contain a statement that an alternative energy system is in place.
For the purposes of this subsection, "alternative energy system" means any system or
mechanism which uses solar radiation, wind, water, biomass or geothermal resources
as the primary source for the generation of electrical energy.
(1949, Rev., S. 4111; 1969, P.A. 443, S. 11; P.A. 80-108, S. 1; P.A. 81-162, S. 3; P.A. 85-195, S. 3; P.A. 90-230, S.
52, 101; P.A. 93-435, S. 10, 95; P.A. 98-233, S. 5, 8.)
History: 1969 act required certificate of occupancy after October 1, 1970, rather than after adoption of state building
code by municipality; P.A. 80-108 added Subsec. (b) re certificate for buildings with alternative energy systems; P.A. 81-162 included six-year limitation on need for certificate on single-family dwelling; Sec. 19-400 transferred to Sec. 29-265
in 1983; P.A. 85-195 amended Subsec. (a), providing that state agencies be exempt from certificate of occupancy requirement; P.A. 90-230 corrected an internal reference; P.A. 93-435 made a technical amendment to Subsec. (a), effective June
28, 1993; P.A. 98-233 amended Subsec. (a) by referencing the definition of certificate of occupancy and adding "work
performed pursuant to the building permit," effective July 1, 1999.
See Sec. 29-261(e) re return of plans and specifications by building officials.
See Sec. 47a-57 re issuance of certificate of occupancy as requirement for lawful occupation.
Annotation to former section 19-400:
Cited. 191 C. 528.
Annotation to present section:
Cited. 191 C. 528.
Subsec. (a):
Although plaintiff owner of commercial property failed to secure a certificate of occupancy for the property in violation
of the statute, public policy did not preclude plaintiff from recovering unpaid rent from defendant lessee, who continued
to occupy the premises after being informed that plaintiff had failed to secure certificate of occupancy. 282 C. 434.