AGO 1990-026.

• Case Date: July 24, 1990
• Court: Connecticut

Connecticut Attorney General Opinions 1990. AGO 1990-026. July 24, 1990Opinion No. 1990-026Honorable Bernard R. SullivanCommissionerDepartment of Public Safety100 Washington StreetHartford, Connecticut 06106 Dear Commissioner Sullivan: In a letter to our office from your predecessor, our advice is requested on the authority of the codes and standards committee to review the actions of the state building inspector taken pursuant to General Statutes e§29-200. Our advice is sought on the following question: Does the Codes and Standards Committee have jurisdiction to hear an appeal of the decision of the State Building Inspector when that official is acting pursuant to Chapter 538, Section 29-200 of the Connecticut General Statutes? Our analysis of the relationship between Conn. Gen. Stat. e 29-200 and the duties of the Codes and Standards Committee under Conn. Gen. Stat. e 29-251 indicates that the answer to your question is no. Conn. Gen. Stat. e 29-200 as amended by 1989 Public Acts No. 89-144 provides as follows: The commissioner of public safety shall adopt regulations in accordance with the provisions of chapter 54 concerning the installation, operation, maintenance and use of inclined stairway chairlifts and vertical wheelchair or incline lifts. Such lifts may be installed (1) in buildings principally used for meeting, gathering or assembling by civic, religious, fraternal or charitable organization, (2) in residential buildings designed to be occupied by one or two families, and (3) in other buildings and structures only if the executive director of the office of protection and advocacy for persons with disabilities and the state building inspector jointly approve such installation. In adopting such regulations, the commissioner may adopt by reference standards concerning inclined stairway chairlifts and vertical wheelchair or incline lifts set forth by the American National Standards Institute. A review of Conn. Gen. Stat. e 29-200 clearly indicates that it was enacted to permit the installation, operation, maintenance and use of inclined stairway chairlifts and vertical wheelchair or incline lifts in certain specified buildings. Moreover, Section 29-200 permits the installation of such devices in other buildings or structures only upon the joint approval of the state building inspector and the director of the office of...