FIRE MARSHAL AND FIRE CODE MODIFICATIONS
By: Veronica Rose, Principal Analyst
You want to know under what circumstances a fire marshal may waive fire code provisions and whether the legislature has ever proposed legislation to deal with a situation involving fire code enforcement and the homeless.
By law, the state fire marshal, but not the local fire marshal, may grant variations or exemptions from, or approve equivalent or alternate compliance with, the state fire safety code when strict compliance would entail practical difficulty or unnecessary hardship, or is otherwise adjudged unwarranted, provided the action secures the public safety (CGS � 29-296). Within 15 business days after a local fire marshal receives a request for a waiver or modification, he must send it along with his written comments and recommendations to the state fire marshal. The state fire marshal makes the decision and informs the local fire marshal. If he does not agree with the local fire marshal ' s recommendations, he must explain why.
Both the state building and fire safety codes classify buildings based on their function. These classifications, defined as “Use Groups,” include institutional (e.g., convalescent facilities); educational (e.g., schools); and assembly (e.g., churches). The level of protection required by a building depends on how the building is to be used. This means that the greater the hazard, the more stringent the level of protection required. And if a building changes its use, it is subject to the standards that apply to buildings in the new use group.
In any building or structure, whether or not a physical alteration is needed, a change from one occupancy classification to another shall be permitted only where such a structure, building or portion thereof conforms with the requirements of [the] code that apply to new construction for the proposed new use (Conn. Agency Regs. � 29-292-11e).
The code does not specify whether the above provision applies to both permanent and temporary use changes. But, in practice, it appears that the state fire marshal applies the provision to all use changes, even those in which a building is used occasionally for a purpose other than the primary purpose for which the code standards were set.
In the situation you describe, a church functioning as a homeless shelter wants a waiver of the more stringent fire code standards that apply to homeless shelters. In order to grant a waiver in any situation, the state fire marshal must determine (1) that the stricter standards impose a hardship and (2) public safety can be maintained by some alternate means.
The law allowing waivers and modifications does not define “unnecessary hardship.” And, based on our discussion with the State Fire Marshal ' s Office, the office does not construe displacing the homeless from the church as a qualifying hardship for code purposes. But even if the office considers this a qualifying hardship, the state fire marshal can grant a waiver only if public safety is protected. He cannot grant a waiver otherwise. Your constituent should discuss the issue with the local fire marshal, who is in the best position to inspect the building and determine if an alternate method of compliance can maintain public safety. If aggrieved by the fire marshal ' s decision, your constituent may appeal to the Codes and Standards Committee. If aggrieved by the committee ' s decision, he may appeal to the Superior Court (CGS � 29-309).
We looked at proposed legislation for the past five years and found none that addresses the specific issue in your letter. We will be sending you a follow-up report that discusses housing for the homeless, including a discussion of the Uniform Relocation Assistance Act (CGS � 8-266) and how this act may affect the situation you describe.