Sec. 29-292. (Formerly Sec. 29-40). Fire Safety Code. Carbon monoxide and smoke detection and warning equipment. Certificate of occupancy.
Sec. 29-292. (Formerly Sec. 29-40). Fire Safety Code. Carbon monoxide and
smoke detection and warning equipment. Certificate of occupancy. (a) The State
Fire Marshal and the Codes and Standards Committee shall adopt and administer a Fire
Safety Code and at any time may amend the same. The code shall be based on a nationally
recognized model fire code and shall be revised not later than January 1, 2005, and
thereafter as deemed necessary to incorporate advances in technologies and improvements in construction materials and any subsequent revisions to the code not later than
eighteen months following the date of first publication of such revisions to the code,
unless the State Fire Marshal and the committee certify that a revision is not necessary
for such purpose. The regulations in said code shall provide for reasonable safety from
fire, smoke and panic therefrom, in all buildings and areas adjacent thereto except in
private dwellings occupied by one or two families and upon all premises except those
used for manufacturing, and shall include provision for (1) carbon monoxide detection
and warning equipment in new residential buildings not exempt under regulations
adopted pursuant to this subsection and designed to be occupied by one or two families
for which a building permit for new occupancy is issued on or after October 1, 2005,
and (2) smoke detection and warning equipment in (A) residential buildings designed
to be occupied by two or more families, (B) new residential buildings designed to be
occupied by one family for which a building permit for new occupancy is issued on or
after October 1, 1978, requiring equipment complying with the Fire Safety Code, and
(C) new residential buildings designed to be occupied by one or more families for which
a building permit for new occupancy is issued on or after October 1, 1985, requiring
equipment capable of operation using alternating current and batteries. Said regulations
shall provide the requirements for markings and literature which shall accompany such
equipment sufficient to inform the occupants and owners of such buildings of the purpose, protective limitations and correct installation, operating, testing, maintenance and
replacement procedures and servicing instructions for such equipment and shall require
that smoke detection and warning equipment which is installed in such residential buildings shall be capable of sensing visible or invisible smoke particles, that the manner
and location of installing smoke detectors shall be approved by the local fire marshal
or building official, that such installation shall not exceed the standards under which
such equipment was tested and approved and that such equipment, when activated, shall
provide an alarm suitable to warn the occupants, provided each hotel, motel or inn shall
install or furnish such equipment which, when activated, shall provide a visible alarm
suitable to warn occupants, in at least one per cent of the units or rooms in such establishment having one hundred or more units or rooms and in establishments having less than
one hundred units or rooms, it shall install or furnish at least one such alarm. Said
regulations shall provide the requirements and specifications for the installation and use
of carbon monoxide detection and warning equipment and shall include, but not be
limited to, the location, power requirements and standards for such equipment and exemptions for buildings that do not pose a risk of carbon monoxide poisoning due to sole
dependence on systems that do not emit carbon monoxide.
(b) (1) No certificate of occupancy shall be issued for any residential building designed to be occupied by two or more families, or any new residential building designed
to be occupied by one or more families for which a building permit for new occupancy
is issued on or after October 1, 1978, unless the local fire marshal or building official
has certified that said building is equipped with smoke detection and warning equipment
complying with the Fire Safety Code.
(2) No certificate of occupancy shall be issued for any new residential building not
exempt under regulations adopted pursuant to subsection (a) of this section and designed
to be occupied by one or two families for which a building permit for new occupancy
is issued on or after October 1, 2005, unless the local fire marshal or building official
has certified that said building is equipped with carbon monoxide detection and warning
equipment complying with the Fire Safety Code.
(1949 Rev., S. 3665; 1971, P.A. 802, S. 11; P.A. 73-95, S. 1; P.A. 76-78; P.A. 77-334, S. 1, 2; 77-604, S. 65, 84; P.A.
80-297, S. 11, 20; P.A. 81-381, S. 1, 4; P.A. 82-344, S. 1, 3; 82-432, S. 11, 19; 82-472, S. 179 (Void), 183; P.A. 84-178;
P.A. 85-321, S. 1; P.A. 86-327, S. 3; P.A. 87-186; July Sp. Sess. P.A. 87-2, S. 1, 2; P.A. 88-364, S. 46, 123; P.A. 97-25;
P.A. 04-59, S. 3; P.A. 05-161, S. 1.)
History: 1971 act substituted "adopt, promulgate and administer" for "establish"; P.A. 73-95 required that regulations
provide reasonable safety from fire, smoke, etc. in areas adjacent to buildings as well as in buildings themselves; P.A. 76-78 added provisions re regulations concerning smoke detection systems in residential buildings and added Subsec. (b)
requiring that buildings contain smoke detection systems before certificates of occupancy issued if building permit issued
on or after October 1, 1976; P.A. 77-334 substituted "smoke detection and warning equipment" for "smoke detection
systems" and required their installation in residential buildings to be occupied by one or more families after October 1,
1978, where previously they were required in buildings to be occupied by two or more families and required that regulations
provide requirements for markings and literature which should accompany smoke detection and warning equipment; P.A.
77-604 made technical changes in Subsec. (b); P.A. 80-297 added Subsec. (c) re review of plans and specifications of
structures subject to fire safety code to determine whether or not the structures comply with code requirements; P.A. 81-381 amended Subsec. (a) to require the installation of smoke detection and warning equipment in student dormitories at
all colleges and universities not later than September 1, 1982; P.A. 82-344 repealed mandate for installation of smoke
detection devices in student dormitories at all colleges and universities by September 1, 1982; P.A. 82-432 added reference
to codes and standards committee in Subsec. (a); P.A. 82-472 attempted to make technical change in section 1 of vetoed
public act 82-64 and therefore was without effect; Sec. 29-40 transferred to Sec. 29-292 in 1983; P.A. 84-178 amended
Subsec. (a), adding a proviso requiring hotels, motels or inns to install or furnish visible fire alarm signals as specified;
P.A. 85-321 amended Subsec. (a) to delete language requiring provision of Level Four Protection and require that smoke
detection and warning equipment comply with fire safety code, and to require equipment capable of operation using current
and batteries in one-family or multifamily new residential buildings; P.A. 86-327 amended Subsec. (a) to require revision
of code not later than January 1, 1987, and every four years thereafter to incorporate certain advances and improvements;
P.A. 87-186 amended Subsec. (c), exempting municipalities from payment of fees for plan review to determine fire safety
code compliance; July Sp. Sess. P.A. 87-2 amended Subsec. (a)(1) to require smoke detection and warning equipment in
all residential buildings designed to be occupied by two or more families by deleting provision which limited requirement
to such buildings "for which a building permit is issued on or after October 1, 1976", amended Subsec. (a)(2) to change
"one or more families" to "one family" and amended Subsec. (b) to prohibit the issuance of a certificate of occupancy for
any residential building designed to be occupied by two or more families, unless it is equipped with smoke detection and
warning equipment by deleting provision which limited prohibition to any such building "for which a building permit is
issued on or after October 1, 1976"; P.A. 88-364 made a technical change in Subsec. (a); P.A. 97-25 deleted former Subsec.
(c) which authorized submission of plans and specifications of structures subject to State Fire Safety Code to State Fire
Marshal for determination re compliance with code requirements; P.A. 04-59 amended Subsec. (a) to make a technical
change, require that code be based on a nationally recognized model fire code and be revised not later than January 1,
2005, and thereafter as deemed necessary to incorporate subsequent revisions to the code not later than 18 months following
the date of first publication of such revisions to the code, and delete provision requiring revision by January 1, 1987, and
every four years thereafter, effective May 10, 2004; P.A. 05-161 amended Subsec. (a) to insert new Subdiv. (1) requiring
installation of carbon monoxide detection and warning equipment in certain new residential buildings, designate provisions
re smoke detection and warning equipment as Subdiv. (2) and redesignate existing Subdivs. (1) to (3) as Subparas. (A) to
(C) of said Subdiv. (2), and to require that regulations provide requirements and specifications for installation and use of
carbon monoxide detection and warning equipment and exemptions for buildings that do not pose a risk of carbon monoxide
poisoning due to sole dependence on systems that do not emit carbon monoxide, and amended Subsec. (b) to designate
existing provisions as Subdiv. (1) and to add Subdiv. (2) prohibiting issuance of certificate of occupancy for certain new
residential buildings unless equipped with carbon monoxide detection and warning equipment, effective July 1, 2005.
See Sec. 7-282b re installation and connection of automatic calling devices.
See Sec. 29-251a re review of regulations for conflicts with State Fire Safety Code.
See Sec. 29-252a re compliance of state-owned buildings with State Fire Safety Code.
Annotations to former section 29-40:
Not an unlawful delegation of legislative power; it prescribes standards as a guide in adoption of regulations. Constitutionality upheld. 141 C. 524. Cited. 143 C. 1.
Annotations to present section:
Cited. 204 C. 410; Id., 429. Cited. 211 C. 501.
Cited. 33 CA 422.
Subsec. (a):
Subdiv. (1) cited. 45 CA 46.