§ 29-292 — (Formerly Sec. 29-40). Fire Safety Code. Carbon monoxide and smoke detection and warning equipment. Certificate of occupancy. Liability.

Connecticut § 29-292

• Jurisdiction: Connecticut
• Title 29: Public Safety and State Police
• Ch. 541: Building, Fire and Demolition Codes. Fire Marshals and Fire Hazards. Safety of Public and Other Structures

Text

(a)(1) 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 in accordance with the provisions of section 29-292a. The code shall be based on nationally recognized model fire and life safety codes and shall be revised as deemed necessary to incorporate advances in technologies and improvements in construction materials and any subsequent revisions to the model fire and life safety codes not later than eighteen months following the date of first publication of such revisions, unless the State Fire Marshal and the committee certify that a revision is not necessary for such purpose. The code shall provide for reasonable safety from fire, smoke and panic therefrom, in all buildings, structures and areas adjacent to such buildings and structures, except in private dwellings occupied by one or two families and upon all premises. The code shall require (A) carbon monoxide detection and warning equipment in (i) new residential buildings not exempt under the code 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 (ii) all public or nonpublic school buildings, and (B) smoke detection and warning equipment in residential buildings designed to be occupied by one or more families. (2) The Fire Safety Code shall require each hotel, motel or inn to install or furnish smoke detection and warning 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 to install or furnish at least one such visible alarm in establishments having less than one hundred units or rooms. (b) (1) No certificate of occupancy shall be issued for any residential building designed to be occupied by one or more families, unless the local fire marshal or building official has certified that such building is equipped with smoke detection and warning equipment complying with the Fire Safety Code and State Building Code. (2) No certificate of occupancy shall be issued for any (A) new residential building not exempt under the Fire Safety Code, or (B) public or nonpublic school building for which a building permit for new occupancy is issued on or after January 1, 2012, unless the local fire marshal or building official has certified that such residential or school building is equipped with carbon monoxide detection and warning equipment complying with the Fire Safety Code and State Building Code. (c) (1) No municipality, local or regional board of education, or supervisory agent of a nonpublic school, and (2) no employee, officer or agent of such municipality, board of education or supervisory agent acting without malice, in good faith and within the scope of his or her employment or official duties shall be liable for any damage to any person or property resulting from the failure to detect carbon monoxide within a public school building, provided carbon monoxide detection equipment is installed and maintained in accordance with the manufacturer's published instructions and with the Fire Safety Code. See Sec. 7-282b re installation and connection of automatic calling devices. See Sec. 29-251a re review of regulations for conflicts with Fire Safety Code. See Sec. 29-252a re compliance of state buildings with Fire Safety Code.

Legislative History

(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; P.A. 09-35, S. 3; P.A. 11-248, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 69; P.A. 16-215, S. 7; P.A. 21-165, S. 1; P.A. 22-75, S. 2.) 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; P.A. 09-35 amended Subsec. (a) to delete exception re premises used for manufacturing; P.A. 11-248 amended Subsec. (a) to divide existing provisions into Subdivs. (1) to (3), added provisions requiring public and nonpublic schools to have carbon monoxide detection and warning equipment installed and requiring State Fire Marshal and Codes and Standards Committee to include provisions re such schools in regulations, added Subsec. (c) re immunity from liability for failure to detect carbon monoxide within a public school building, and made technical changes, effective July 1, 2011; June 12 Sp. Sess. P.A. 12-2 made technical changes in Subsec. (a)(3)(C); P.A. 16-215 amended Subsec. (a)(1) to add reference to Sec. 29-292a and delete reference to January 1, 2005, effective May 31, 2016; P.A. 21-165 substantially amended Subsec. (a) to add references to model life safety code, add provision re structures, add provision re smoke detection and warning equipment in residential buildings designed to be occupied by 1 or more families and new residential buildings, amend Subdiv. (2) to delete provision re markings and literature and delete Subdiv. (3) re installation and use of carbon monoxide detection and warning equipment, amended Subsec. (b)(1) to delete “two or more families, or any new residential building designed to be occupied by”, delete “for which a building permit for new occupancy is issued on or after October 1, 1978,” and add reference to State Building Code, amended Subsec. (b)(2) to delete provision re certificate of occupancy exemption for new residential building designed to be occupied by 1 or 2 families for which a building permit for new occupancy is issued on or after October 1, 2005, and add reference to State Building Code, and made technical changes, effective July 1, 2021; P.A. 22-75 amended Subsec. (a) to redesignate Subdivs. (1)(A) and (1)(B) as Subparas. (A)(i) and (A)(ii), redesignate Subdiv. (2) as Subpara. (B) and amend same to delete Subpara. (A) designator, delete provision re when smoke detection and warning system is installed or replaced and delete existing Subpara. (B) re 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 July 1, 2021. 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; 211 C. 501. Cited. 33 CA 422; 45 CA 46.