Planning and Development Committee
JOINT FAVORABLE REPORT
Bill No.: HB-5428
AN ACT CONCERNING BUILDING OFFICIALS, RESOURCES RELATING TO
THE ADMINISTRATION OF THE STATE BUILDING CODE AND THE
Title: PROMOTION OF CAREERS IN RELATED FIELDS.
Vote Date: 3/25/2022
Vote Action: Joint Favorable Substitute
PH Date: 3/14/2022
File No.:
Disclaimer: The following JOINT FAVORABLE Report is prepared for the benefit of the
members of the General Assembly, solely for purposes of information, summarization and
explanation and does not represent the intent of the General Assembly or either chamber
thereof for any purpose.
SPONSORS OF BILL:
Planning and Development Committee
REASONS FOR BILL:
Building codes are becoming larger and more complex. Experienced, incumbent building
officials are retiring or getting out of the profession while applicants are in short supply.
Joint Favorable Substitute to Finance LCO:3961: This draft (1) specifies that the pilot
program my be conducted by three COGs or combination of COGs rather than two and that
each anticipating COG/combination may retain the services of one or more building officials,
(2) removes Sec 2 of the raised bill regarding a working group to assist in the
oversight/administration of the pilot, (3) replaces requirement that DAS develop such a
system, (4) adds language in Sec 5 regarding internship and apprenticeship programs, (5)
removes provisions limiting terms of building officials and eliminating opportunity for hearings
regarding and appeal of terminations.
RESPONSE FROM ADMINISTRATION/AGENCY:
Deborah Schander, State Librarian, Connecticut State Library: The State Library has
concerns, suggestions and reminders that the committee should be aware of. First, the
language is vague concerning the records in question. What is meant by the phrase "records
relating to the administration of the State Building Code?" Does this apply to both state
agency and local records? Are these municipal building department records or records
related to the State Building Code from the Office of the State Building Inspector? Would this
include every record located in these offices or only specific records? In addition, there may
be security issues making all building information available publicly accessible. Currently the
bill directs DAS to consult with the State Library and Town Clerks Association. We
recommend including building officials, local fire marshals and other officials involved with
enforcing the State Building Code be part of the development of this database. Two
reminders: 1) Any digitization project must follow the current Public Records Policy 02 Digital
Imaging and Digital/Imaging Standards 2) Along with any digitization project, it is important to
be aware of the state's records retention schedules.
Michelle Gilman, Acting Commissioner, Department of Administrative Services and
Martin Heft, Undersecretary, Office of Policy and Management: in lieu of the current
proposal we suggest (1) a minor statutory modification to facilitate regions sharing multiple
building officials, (2) new language creating a working group to address the important issues
proposed in Sections five and seven of this bill. Sections 1-3: A pilot program is not
necessary because under existing law, Section 29-260(a), two or more communities are
already permitted to combine in the appointment of a building official for the propose of
enforcing the provisions of the code in the same manner. Section 7-148cc provides that two
or more municipalities may jointly perform any function that each municipality may perform
separately under any provisions of the general any function that each municipality may
perform separately under any provisions of the general statutes. Thus, only minor
modifications are necessary to clarify that regions may jointly appoint multiple building
officials. An amendment to subsection (a) of section 29-260 will clarify the ability of
communities to appoint multiple building officials, as described. Section 29-260 (a): The chief
executive officer of any town, city or borough shall appoint an officer to administer the code
for a term of four years and until his successor qualifies and quadrennially thereafter shall
appoint a successor. Two or more communities may combine in the appointment of one or
more building officials for the purpose of enforcing the provisions of the code in the same
manner. The chief executive officer may appoint a licensed building official for a period not to
exceed one hundred eighty days upon the death, retirement of a building official. Section 4:
This section eliminates the four-year term of appointment for building officials and eliminates
notice requirements 's opportunity for a public hearing prior to a dismissal. The language
implicates due process concerns. Section 5: This section directs DAS to develop and
implement a process for scanning and digitizing records relating to the State Building Code.
The proposed consulting parties do not include any land use agencies such as the
Connecticut Building Officials Association. Section 6: This section directs DAS to study the
creation of a pathway for building officials currently licensed in other jurisdictions to receive
reciprocal licensure in the State of Connecticut. DAS has a study underway concerning
reciprocal licensure; therefore this section is unnecessary. The study is anticipated to be
released April 15, 2022.
The outcome of the study will not require legislative changes because current law permits
DAS to issue Connecticut licenses. Section 7: DAS has concerns about adding Higher
Education students to DAS's customer base for building official training. This will require
significant development efforts initially and throughout the process. In essence, DAS would
require additional staff and the necessary funding for the additions. Instead, DAS proposes a
working group to properly explore this issue in detail before addressing it through legislation.
DAS and OPM urge the committee to modify this bill as written and create a working group to
study (1) the establishment of minimum standards for the digitization of building code records
and (2) options for the expansion of training programs for students pursuing careers as
building officials. Were such a working group to be created, we would recommend that it
include representatives from
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relevant state agencies, including DAS and OPM, representatives from Higher Education,
representatives from the Connecticut Building Officials Association, including local building
officials and any other relevant stakeholders. DAS looks forward to working with the
committee on this.
NATURE AND SOURCES OF SUPPORT:
Joseph J. Summers, CBO, MCP, Building and Zoning Official, City of Groton: Supports
the following sections with modifications: Section 4 subsections (b) and (c) needs to stay in
statues as it provides some protection for the local building official from the local politics as
our position can be confrontational and become very political. Section 6: The provisions of
reciprocity will bring our profession in line with other professionals such as architects and
engineers. This will allow Connecticut to attract qualified candidates. Section 7: There are
several building officials (active and retired) who can assist with this program and many other
departments are willing to provide mentoring to individuals interested in this profession.
Betsy Gara, Executive Director, Connecticut Council of Small Towns: COST supports
Sections 1-3 of the bill. It establishes a pilot program for the provision of building inspection
on a regional basis and provides funding from the Regional Performance Incentive Program.
It will reduce costs and improve efficiency. COST supports the intent of Section4: COST
recommends narrowing this section to provide flexibility where municipalities are participating
in the regional pilot program established under the bill such as "Notwithstanding the
provisions of this section, a building official may be dismissed to facilitate the provision of
building inspection services on a regional basis." COST supports Section 5 regarding the
digitization of records relating to the administration of state building code records, Section 6
which calls for licensing reciprocity with other states to expand the pool of qualified building
officials and Section7 to study options to offer programs through the community colleges and
technical high schools to encourage students to pursue training as building officials.
John Filchak, Executive Director, Northeastern Connecticut Council of Governments:
The working group stablished by this bill is essential to ensure that the pilots and the career
development re on the correct path. Section 4, 29-260 contains language that sets forth a
four-year appointment for building officials and establishes a unique remedy for the dismissal
of a building official. In our view a building official should be treated the same as other
municipal employees.
Samuel S. Gold, ACIP, Executive Director, Lower Connecticut River Valley Council of
Governments: This bill will assist interested member municipalities in the creation of a
regional building official service. This statue would allow a shared service to be created with a
team of building officials who can work interchangeably in a larger number of municipalities.
To facilitate a shared team of building officials, this bill envisions digital records and
workflows. I believe a creation of a common digital framework that towns and cities would
follow and populate is needed. Funding is essential for setting up such programs and his
may be eligible for a Regional Performance Incentive Program grant, that funding is not
guaranteed and there is a question of a match. Most importantly, this bill creates an official
pilot program and working group to establish state policy for the future.
James Rupert, President Connecticut Building Officials Association: supports the bill
with modifications: Section 1 Building officials are currently permitted to serve in more than
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one jurisdiction, so it is unlikely necessary to enact legislation that effectually does the same
thing. Section 2: The CBOA recommends moving this bill into a working group and bring it
before the committee again during the next legislative session. An appropriate working group
would involve the stakeholders that raised the bill along with representatives from the Office
of the State Building Inspector, Office of Education and Data Management, Ct Dept of Labor
Apprenticeship Program and the CBOA.
Jim Perras, CEO, Home Builders and Remodelers Association of Connecticut, INC of
Connecticut supports with an amendment: Suggests that Sec 2 of LCO 2860 be amended to
expand the working group created to assist the OPM Secretary in oversight and
administration of the regional building inspection services pilot program to include one
registered new home contractor as defined in Sec 20-419 of the Connecticut General
Statutes. As the predominant users of services provided by municipal building officials,
residential construction contractors registered to do business in Connecticut are uniquely
qualified to provide important incite from a customer's perspective as to the effectiveness of
the pilot program, what works and what can be improved upon.
NATURE AND SOURCES OF OPPOSITION:
Harold W. Loomis, Woodbridge, Ct: The proposed bill does not belong under the purview
of the Planning and Development Committee. Building code administration and enforcement
have nothing to do with planning or development. statutory provisions relating to the building
code and building officials are found in C.G.S. Title 29: Public Safety and State Police. A
uniform code applicable to 169 individual, municipal jurisdictions and to state buildings is
uniform only to the extent that enforcement is uniform. Uniform enforcement requires building
officials to be fully informed regarding the myriad requirements of the building code and the
hundreds of technical standards adopted as reference standards under the several books
that comprise the State Building Code. These are technical issues that address construction.
Nothing contained in the State Building Code in any way pertains to or affects planning and
development activities.
Section1 (4) of the bill suggests utilizing members of apprenticeship programs in the
administration of the State Building Code. There is nothing in the Connecticut General
Statues that allows the use of apprentices to enforce the State Building Code Connecticut
has a need for regionalized building code administration and enforcement precisely because
so many Connecticut municipalities regard building permit fees as a "cash cow" rather than
as a fee that is charged to commensurate with the services performed. If a pilot program of
regionalized building code enforcement is to be undertaken, I respectfully submit that the
State must require that any regional building inspection office include at a minimum at least:
1- full time building official, 1- full time assistant building official, 1- full time mechanical
supervisor, 1- full time plumbing inspector, 1- full time electrical inspector, 1- full time plan
review technician and 2 full-time clerical assistants. The proposed bill calls for establishing
a pilot program for regionalizing building inspection but does not provide any framework for
accomplishing that purpose and does not include any end date for the pilot program. The
creation of an open-ended, non-structured pilot program with no structure and no clearly
defined result will not solve the problem. Section 2 establishes a working group. I respectfully
submit that a representative of the Planning and Development Committee has no place on a
working group overseeing a pilot program concerning building code enforcement. Section 3
establishes an annual budget for each pilot regional department of building inspection of two
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hundred fifty thousand dollars and that amount is inadequate. Section 4 should revise the
statue to require that a public hearing be conducted before the Codes and Standards
Committee, with the State Building Inspector as the presiding official.
Daniel McInerny, on Behalf of the Brotherhood of Electrical Workers: The Office of
Education and Data Management within the Department of Administrative Services already
does what this bill is trying to do. Ten cents on every $1,000 dollars spent on permits in each
city and town goes to funding this office for training existing code officials through continuing
education, to maintain their accreditation classes as well as instructional code related classes
for allied trade and design individuals who wish to pursue a career in these areas. Section 6
calls for developing a pathway to reciprocal licensure for building officials licensed in other
jurisdictions, however each jurisdiction has their own set of rules and regulations that are
different. Section 7 calls for community colleges to provide training for students pursuing
careers as building officials. It is very difficult to inspect building construction if you have not
worked in the field of construction and to be state certified in building construction, imagine
trying to inspect electrical or plumbing installations if you have not had experience in those
trades. The Office of Education Management does exactly that type of training and you must
qualify to enter their programs
Reported by: Maureen O'Reilly
Date: March 31, 2022
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Statutes affected:
Raised Bill: 29-260