AGO 1990-032C.

CourtConnecticut
Connecticut Attorney General Opinions 1990. AGO 1990-032C. 1990Opinion No. 1990-032CHonorable Bernard R. SullivanCommissionerDepartment of Public Safety100 Washington StreetHartford, Connecticut 06106 Dear Commissioner Sullivan: In a letter dated May 29, 1990, you request our advice on the effect of 1989 Conn. Pub. Acts No. 89-255 e4(c) on the plan review application and permit procedures and issuance of certificates of occupancy sections of the Connecticut State Building Code. Your questions appear to be directed primarily at the scope of the independent engineering consultant review required by 1989 Conn. Pub. Acts No. 89-255. Your specific questions are as follows: 1. If an application for a building permit was made and a permit for that building issued before June 16, 1989, do the provisions of C.G.S. Section 29-276b control the scope of the review or do the provisions of Public Act 89-255 control the scope of review? 2. If an application for a building permit for a threshold building was made before June 16, 1989 but the permit was not issued until after June 16, 1989, do the provisions of C.G.S. Section 29-276b control the scope of the review or do the provisions of Public Act 89-255 control the scope of review? It is our opinion that the provisions of 1989 Conn. Pub. Acts No. 89-255 control the scope of the review in both of the circumstances you describe in your questions. In 1988, the legislature enacted 1988 Conn. Pub. Acts No. 88-359, now codified in Conn. Gen. Stat. e 29-276b. This public act was in response to the collapse of the L'Ambiance Plaza on April 23, 1987. Conn. Gen. Stat. e 29-276b required the local building official to hire an independent engineering consultant to review the plans and specifications for certain proposed buildings which would exceed a stated threshold limit. A member of your staff has advised us that the independent engineering consultant review is a continuing process which may take place both prior to and subsequent to issuance of the building permit. Conn. Gen. Stat. e 29-276b(c) provided in relevant parts as follows: If a proposed building will exceed the threshold limit ..., the local building official of the municipality in which the building shall be located shall hire an independent engineering consultant to review the plans and specifications of the building to be constructed...

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