Conn. Gen. Stat. § 29-269

Current with legislation from the 2024 Regular and Special Sessions.

Section 29-269 - (Formerly Sec. 19-395a). Standards for construction of buildings to accommodate persons with physical disabilities

(a) The State Building Inspector and the Codes and Standards Committee shall revise the State Building Code to be in substantial compliance with the provisions of the Americans with Disabilities Act of 1990, as amended, 42 USC 12101 and the Fair Housing Amendments Act of 1988, as amended, 42 USC 3600. The provisions of this subsection and the State Building Code as from time to time revised pursuant to this section shall control the design, construction and arrangement of all buildings and building elements, constructed under permits issued on or after October 1, 1975, and all buildings or building elements constructed or substantially renovated by the state, any municipality or any other political subdivision of the state, the architectural design of which was commenced on or after October 1, 1977, except buildings which have been approved by the Department of Housing and Urban Development as being in conformance with federal standards for housing for the elderly and physically handicapped and for which a permit was issued prior to June 9, 1976, to ensure accessibility thereto and use by the physically handicapped.

(b) Any variation of or exemption from any provision of (1) the State Building Code relating to accessibility to, and use of, buildings and structures by persons with disabilities, (2) subsection (i) of section 14-253a, (3) section 29-273, or (4) section 29-274, shall be permitted only when approved by the State Building Inspector. Any person, agent of the state, municipality or any other political subdivision of the state may apply to the State Building Inspector to vary or set aside standards incorporated in the State Building Code pursuant to the provisions of subsection (a) of this section. The State Building Inspector shall, within thirty days of receipt, review the application, and render a decision to accept or reject the application in whole or in part. The State Building Inspector may approve a variation of or exemption from any such standard or specification when the State Building Inspector determines that the standard or specification would not be feasible or would unreasonably complicate the construction, alteration or repair in question. Such determination shall be in writing, shall state the reasons therefor and if it sets aside any such standard or specification, a copy of such determination shall be published electronically by the State Building Inspector on the Internet web site of the Department of Administrative Services. Any person aggrieved by any such decision may appeal to the Codes and Standards Committee within thirty days after such decision has been rendered.

(c) Regulations or codes made or amended by authority of this section shall be adopted in accordance with the provisions of section 29-252b.

(d) If any regulation is set aside by a court of competent jurisdiction, such ruling shall affect only the regulation, standard or specification included in the ruling and all other regulations, standards or specifications shall remain in effect.

(e) Notwithstanding the provisions of subsection (b) of this section, a variation or exemption from the State Building Code shall not be required to construct a visitable feature in a residential home. For purposes of this section, "visitable feature" means

(1) interior doorways that provide a minimum thirty-two inch wide unobstructed opening,

(2) an accessible means of egress, as defined in Appendix A to 28 CFR Part 36, including a ramp complying with the International Residential Code portion of the State Building Code intended to allow access by a wheelchair, or

(3) a full or half bathroom on the first floor that is compliant with the provisions of the Americans with Disabilities Act of 1990, as amended, 42 USC 12101.

Conn. Gen. Stat. § 29-269

(February, 1965, P.A. 216, S. 1, 2, 5; 1967, P.A. 349, S. 2; P.A. 75-503, S. 1, 6; P.A. 76-395, S. 1, 2; P.A. 77-133; P.A. 78-351, S. 1, 3; P.A. 82-432, S. 3, 19; P.A. 87-123, S. 1; P.A. 88-315, S. 1; P.A. 89-144, S. 13; P.A. 90-300, S. 3, 8; P.A. 92-71, S. 1, 3; P.A. 04-237, S. 6; P.A. 10-56, S. 1; P.A. 13-250, S. 3; P.A. 14-122, S. 47; P.A. 16-215, S. 12; P.A. 17-96, S. 27.)

Amended by P.A. 17-0096, S. 27 of the Connecticut Acts of the 2017 Regular Session, eff. 7/1/2017.

Amended by P.A. 16-0215, S. 12 of the Connecticut Acts of the 2016 Regular Session, eff. 5/31/2016.

Amended by P.A. 14-0122, S. 47 of the Connecticut Acts of the 2014 Regular Session, eff. 10/1/2014.

Cited. 24 Conn.App. 44.

See Sec. 10-292 re necessity for public schools' building projects to comply with standards to meet needs of disabled persons. See Sec. 29-274 re exemptions from State Building Code.