General Assembly Raised Bill No.

343
February Session, 2024 LCO No. 2218

Referred to Committee on PUBLIC SAFETY AND SECURITY

Introduced by:
(PS)

AN ACT MAKING VARIOUS CHANGES RELATED TO THE STATE

BUILDING CODE AND FIRE SAFETY CODE, FISCAL NOTES FOR
PROPOSED REGULATIONS, BARRIERS FOR SWIMMING POOLS,
BATTERY-CHARGED SECURITY FENCES AND PARKING OF
ELECTRIC VEHICLES.

Be it enacted by the Senate and House of Representatives in General

Assembly convened:

1 Section 1. Section 29-251 of the general statutes is repealed and the

2 following is substituted in lieu thereof (Effective from passage):

3 There shall be within the Department of Administrative Services a

4 Codes and Standards Committee whose duty it shall be to work with
5 the State Building Inspector in the enforcement of this part and the State
6 Fire Marshal in the enforcement of part II of this chapter as set forth
7 [herein] in this section. The committee shall be composed of [twenty-
8 one] twenty-three members, residents of the state, appointed by the
9 Commissioner of Administrative Services as follows: (1) Two shall be
10 architects licensed in the state of Connecticut; (2) three shall be
11 professional engineers licensed in the state of Connecticut, two of whom
12 shall practice either structural, mechanical or electrical engineering but
13 in no event shall both of such members represent the same specialty,

LCO No. 2218 1 of 10

 Raised Bill No. 343

14 and one of whom shall be a practicing fire protection engineer or

15 mechanical engineer with extensive experience in fire protection; (3)
16 [two] four shall be builders, remodelers or superintendents of
17 construction, one of whom shall have expertise in single-family
18 detached residential construction, [and] one of whom shall have
19 expertise in [nonresidential] multifamily residential construction, one of
20 whom shall have expertise in residential remodeling and one of whom
21 shall have expertise in commercial construction; (4) one shall be a public
22 health official; (5) two shall be building officials; (6) two shall be local
23 fire marshals; (7) one shall be a Connecticut member of a national
24 building trades labor organization; (8) one shall have expertise in
25 matters relating to energy efficiency; (9) four shall be public members,
26 one of whom shall have expertise in matters relating to accessibility and
27 use of facilities by persons with physical disabilities; (10) one shall be a
28 contractor licensed to perform electrical work or a member of a state-
29 wide electrical trades labor organization; (11) one shall be a contractor
30 licensed to perform plumbing and piping work or a member of a state-
31 wide plumbing trades labor organization; and (12) one shall be a
32 contractor licensed to perform heating, piping and cooling work or a
33 member of a state-wide heating and cooling trades labor organization.
34 Each member, other than the public members, shall have had not less
35 than ten years' practical experience in such member's profession or
36 business. The committee shall adopt regulations, in accordance with the
37 provisions of chapter 54, governing the procedure of the committee.
38 Members who fail to attend three consecutive meetings or fifty per cent
39 of all meetings during a calendar year shall be deemed to have resigned.
40 The committee may, within the limits of appropriations provided
41 therefor, employ such assistants as may be necessary to conduct its
42 business.

43 Sec. 2. Subsection (a) of section 29-252 of the general statutes is

44 repealed and the following is substituted in lieu thereof (Effective from
45 passage):

46 (a) (1) The State Building Inspector and the Codes and Standards
47 Committee shall, jointly, with the approval of the Commissioner of

LCO No. 2218 2 of 10

 Raised Bill No. 343

48 Administrative Services and in accordance with the provisions of

49 section 29-252b, adopt and administer a State Building Code based on a
50 nationally recognized model building code for the purpose of regulating
51 the design, construction and use of buildings or structures to be erected
52 and the alteration of buildings or structures already erected and make
53 such amendments thereto as they, from time to time, deem necessary or
54 desirable. Such amendments shall be limited to administrative matters,
55 geotechnical and weather-related portions of said code, amendments to
56 said code necessitated by a provision of the general statutes and any
57 other matter which, based on substantial evidence, necessitates an
58 amendment to said code. The code shall be revised as deemed necessary
59 to incorporate any subsequent revisions to the code not later than
60 [eighteen] twenty-four months following the date of first publication of
61 such subsequent revisions to the code. The purpose of said Building
62 Code shall also include, but not be limited to, promoting and ensuring
63 that such buildings and structures are designed and constructed in such
64 a manner as to conserve energy and, wherever practicable, facilitate the
65 use of renewable energy resources, including provisions for electric
66 circuits capable of supporting electric vehicle charging in any newly
67 constructed residential garage in any code adopted after July 8, 2013.
68 Said Building Code includes any code, rule or regulation incorporated
69 therein by reference. As used in this subsection, "geotechnical" means
70 any geological condition, such as soil and subsurface soil condition,
71 which may affect the structural characteristics of a building or structure.

72 (2) In adopting amendments to the State Building Code pursuant to

73 subdivision (1) of this subsection, the State Building Inspector, the
74 Codes and Standards Committee and the Commissioner of
75 Administrative Services (A) shall consider that the housing shortage in
76 the state compromises the safety of residents who cannot afford a safe
77 home, and any such amendments shall encourage production of
78 buildings that include safe housing and can be constructed at a
79 reasonable cost, and (B) may consider economic impacts, including, but
80 not limited to, (i) impacts on the length of time it takes to earn a return
81 on investment, (ii) impacts on construction costs, (iii) disparate impacts

LCO No. 2218 3 of 10

 Raised Bill No. 343

82 on environmental justice communities, as defined in section 22a-20a, (iv)

83 impacts on housing affordability, accessibility and production, and (v)
84 the impacts described in subdivision (6) of subsection (a) of section 4-
85 168, as amended by this act.

86 Sec. 3. Subsection (a) of section 4-168 of the general statutes is

87 repealed and the following is substituted in lieu thereof (Effective from
88 passage):

89 (a) Except as provided in subsections (g) and (h) of this section, an

90 agency, not less than thirty days prior to adopting a proposed
91 regulation, shall (1) post a notice of its intended action on the
92 eRegulations System, which notice shall include (A) a specified public
93 comment period of not less than thirty days, (B) a description
94 sufficiently detailed so as to apprise persons likely to be affected of the
95 issues and subjects involved in the proposed regulation, (C) a statement
96 of the purposes for which the regulation is proposed, (D) a reference to
97 the statutory authority for the proposed regulation, (E) when, where
98 and how interested persons may obtain a copy of the small business
99 impact and regulatory flexibility analysis required pursuant to section
100 4-168a, and (F) when, where and how interested persons may present
101 their views on the proposed regulation; (2) post a copy of the proposed
102 regulation on the eRegulations System; (3) give notice electronically to
103 each joint standing committee of the General Assembly having
104 cognizance of the subject matter of the proposed regulation; (4) prior to
105 January 1, 2017, give notice electronically or provide a paper copy
106 notice, if requested, to all persons who have made requests to the agency
107 for advance notice of its regulation-making proceedings; (5) provide a
108 paper copy or electronic version of the proposed regulation to persons
109 requesting it; and (6) prepare a fiscal note, including an estimate of the
110 cost or of the revenue impact (A) on the state or any municipality of the
111 state, [and] (B) on small businesses in the state, including an estimate of
112 the number of small businesses subject to the proposed regulation and
113 the projected costs, including, but not limited to, reporting,
114 recordkeeping and administrative, associated with compliance with the
115 proposed regulation and, if applicable, the regulatory flexibility analysis

LCO No. 2218 4 of 10

 Raised Bill No. 343

116 prepared under section 4-168a, and (C) on housing affordability and
117 accessibility in the state. The governing body of any municipality, if
118 requested, shall provide the agency, within twenty working days, with
119 any information that may be necessary for analysis in preparation of
120 such fiscal note. On and after January 1, 2017, each such agency shall
121 mail a paper copy of the notice posted pursuant to subdivision (1) of this
122 subsection, not later than five days after posting such notice, to any
123 person who has requested advance notice of the agency's regulation-
124 making proceedings on or after October 1, 2016.

125 Sec. 4. (NEW) (Effective from passage) The State Building Inspector and
126 the Codes and Standards Committee shall, jointly, with the approval of
127 the Commissioner of Administrative Services, in accordance with the
128 provisions of section 29-252b of the general statutes, include in the
129 amendments to the State Building Code next adopted after the effective
130 date of this section, and the State Fire Marshal and the Codes and
131 Standards Committee shall, in accordance with section 29-292a of the
132 general statutes, include in the amendments to the Fire Safety Code next
133 adopted after the effective date of this section, provisions that:

134 (1) Allow additional residential occupancies to be served safely by a

135 single exit stairway, which shall:

136 (A) Be consistent with safe occupancy and egress;

137 (B) Consider the availability and height of fire equipment as a second
138 means of egress, along with response times of fire departments in the
139 state;

140 (C) Consider the experience of the city of Seattle, New York City and
141 the state of Hawaii in implementing similar provisions;

142 (D) Ensure that units with three or more bedrooms can be included
143 in building designs to promote construction of family-sized units,
144 especially on smaller lots; and

145 (E) Allow up to six stories above grade plane to be served by a single

LCO No. 2218 5 of 10

 Raised Bill No. 343

146 exit stairway in a building with an automatic sprinkler system, under

147 such conditions as to ensure safe occupancy and egress. Such conditions
148 may include, but need not be limited to, additional levels of fire and
149 smoke separation and features necessary to allow for firefighters to
150 ascend a stair as occupants descend;

151 (2) Encourage construction of safe three-unit and four-unit residential

152 buildings, which shall:

153 (A) Be consistent with safe occupancy and egress;

154 (B) Include three-unit and four-unit residential buildings in the

155 International Residential Code portion of the Connecticut State Building
156 Code, or otherwise provide for similar requirements for three-unit and
157 four-unit residential buildings as for one-unit and two-unit residential
158 buildings in the International Building Code portion of the Connecticut
159 State Building Code, under such conditions as to ensure safe occupancy
160 and egress; and

161 (C) Include provisions regarding three-unit dwellings which shall

162 include, but need not be limited to, (i) a requirement for not more than
163 a one-hour fire resistance rating for wall, floor and ceiling separation
164 assemblies, and (ii) an exclusion of such dwellings from the requirement
165 for mandatory automatic fire sprinkler systems; and

166 (3) Require that all new buildings constructed after the effective date
167 of such amendments that use combustible gas be equipped with a gas
168 detector, and not later than two years after the effective date of such
169 amendments, all buildings that use combustible gas be equipped with a
170 gas detector.

171 Sec. 5. (Effective from passage) (a) On or after July 1, 2024, no local
172 building official shall issue a building permit for the construction or
173 substantial alteration of a swimming pool unless a barrier that complies
174 with the requirements of Section 305 of the International Swimming
175 Pool and Spa Code portion of the State Building Code is installed, or is
176 included in the plan for such construction or substantial alteration to be

LCO No. 2218 6 of 10

 Raised Bill No. 343

177 installed, around such pool, except that no powered safety cover, as
178 defined in Section 305 of the International Swimming Pool and Spa
179 Code, may be installed in lieu of any barrier fence around such pool.

180 (b) (1) Any owner of a swimming pool that is not subject to the
181 provisions of subsection (a) of this section and that, as of July 1, 2024, is
182 surrounded by a barrier that complies with the requirements of Section
183 305 of the International Swimming Pool and Spa Code portion of the
184 State Building Code, shall maintain such barrier in compliance with said
185 section and shall not be permitted to remove such barrier except for the
186 purposes of replacing or repairing such barrier.

187 (2) Any owner of a swimming pool that is not subject to the
188 provisions of subsection (a) of this section and that, as of July 1, 2024, is
189 not surrounded by a barrier that complies with the requirements of
190 Section 305 of the International Swimming Pool and Spa Code portion
191 of the State Building Code, shall install a barrier that complies with the
192 requirements of said section not later than July 1, 2025.

193 (c) The provision of Section 305 of the International Swimming Pool
194 and Spa Code portion of the State Building Code that permits
195 installation of a powered safety cover that complies with ASTM F1346
196 as an exception to the requirements of said section shall have no effect
197 and shall not be construed as an exception to the requirement in
198 subsection (a) or (b) of this section for the installation and maintenance
199 of a barrier around a swimming pool that complies with the
200 requirements of said Section 305.

201 (d) The provisions of this section shall be enforced as if such

202 provisions were included within the State Building Code, except the
203 State Building Inspector may not grant variances or exemptions from,
204 or approve equivalent or alternate compliance with, the requirements of
205 this section that would (1) permit the installation of any pool cover or
206 alarm to satisfy any requirement concerning the installation and
207 maintenance of a barrier around a swimming pool, or (2) have a
208 negative impact on safety in the determination of the State Building

LCO No. 2218 7 of 10

 Raised Bill No. 343

209 Inspector.

210 (e) On or after July 1, 2024, no local building official shall issue a
211 certificate of compliance or other approval for use for the construction
212 or substantial alteration of a swimming pool unless a barrier that
213 complies with the requirements of Section 305 of the International
214 Swimming Pool and Spa Code portion of the State Building Code is
215 installed around such pool, except that no powered safety cover, as
216 defined in Section 305 of the International Swimming Pool and Spa
217 Code, may be installed in lieu of any barrier fence around such pool.

218 (f) As soon as practical after the effective date of this section, the
219 Department of Administrative Services shall (1) inform all local building
220 officials of the requirements of this section, and (2) conspicuously post
221 on the Internet web site of the department a notice of the provisions of
222 this section and the provisions of the State Building Code preempted by
223 the provisions of this section.

224 Sec. 6. (NEW) (Effective from passage) (a) For purposes of this section,
225 "battery-charged security fence" means an alarm system and ancillary
226 components, or equipment attached to such system, including, but not
227 limited to, a fence, an energizer, cameras and a battery-charging device
228 used exclusively to charge the battery that:

229 (1) Interfaces with a monitored alarm device in a manner that enables
230 the alarm system to transmit a signal intended to summon the owner of
231 the business protected by such fence or a law enforcement officer in
232 response to an intrusion or burglary;

233 (2) Is located on property that is not zoned by a municipality

234 exclusively for residential use;

235 (3) Has an energizer that is powered by a commercial storage battery

236 that is not more than twelve volts of direct current, and meets the
237 standard set forth in International Electrotechnical Commission
238 Standard 60335-2-76;

LCO No. 2218 8 of 10

 Raised Bill No. 343

239 (4) Is behind and interior to a non-electric fence, wall or barrier that
240 is not less than five feet in height;

241 (5) Is ten feet in height, or at least two feet higher than the non-electric
242 fence described in subdivision (4) of this subsection; and

243 (6) Is marked with conspicuous warning signs that are located on
244 such battery-charged security fence at no more than thirty-foot
245 intervals, and such signs state: "WARNING—ELECTRIC FENCE".

246 (b) Notwithstanding any general statute, special act, or local law,
247 ordinance or charter, a municipality may not adopt or enforce an
248 ordinance, order or regulation that:

249 (1) Requires a permit or fee to install or use a battery-charged security

250 fence that is in addition to an alarm system permit, and no permit or fee
251 other than for an alarm system shall be required for such a fence;

252 (2) Imposes installation or operational requirements for a battery-

253 charged security fence that are inconsistent with those described in
254 subdivisions (1) to (6), inclusive, of subsection (a) of this section; or

255 (3) Prohibits the installation or use of a battery-charged security

256 fence.

257 Sec. 7. (NEW) (Effective October 1, 2024) No person shall park an

258 electric vehicle, as defined in section 16-19eee of the general statutes, in
259 a residential or commercial parking garage.

This act shall take effect as follows and shall amend the following
sections:

Section 1 from passage 29-251

Sec. 2 from passage 29-252(a)
Sec. 3 from passage 4-168(a)
Sec. 4 from passage New section
Sec. 5 from passage New section
Sec. 6 from passage New section
Sec. 7 October 1, 2024 New section

LCO No. 2218 9 of 10

 Raised Bill No. 343

Statement of Purpose:
To (1) expand membership of the Codes and Standards Committee; (2)
require revisions of the State Building Code within twenty-four, instead
of eighteen, months of publication of revisions to the model code; (3)
establish certain factors for consideration in adopting amendments to
the State Building Code; (4) add a requirement for the fiscal note that
must be completed for a proposed regulation; (5) require certain
amendments to the State Building Code and Fire Safety Code related to
residential occupancies served by a single exit stairway, construction of
three-unit and four-unit residential buildings and gas detectors; (6)
make various changes related to barriers around swimming pools; (7)
impose certain requirements related to battery-charged security fences;
and (8) prohibit parking electric vehicles in parking garages.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]

LCO No. 2218 10 of 10