Vermont H 717: An act relating to the Residential and Commercial Building Energy Standards and the adoption of a residential building code

Bill Text

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VT LEG #386266 v.3
H.717 1
Introduced by Representative Campbell of St. Johnsbury 2
Referred to Committee on 3
Date: 4
Subject: Public safety; building energy; Residential Building Energy 5
Standards; Commercial Building Energy Standards; residential 6
building code 7
Statement of purpose of bill as introduced: This bill proposes to change the 8
name of the Division of Fire Safety to the Division of Fire and Building Safety 9
and to transfer jurisdiction over the Residential and Commercial Building 10
Energy Standards from the Department of Public Service to the Division of 11
Fire and Building Safety. The bill also proposes to require the Division of Fire 12
and Building Safety to adopt a residential building code that applies to public 13
buildings that contain residential units. 14
An act relating to the Residential and Commercial Building Energy 15
Standards and the adoption of a residential building code 16
It is hereby enacted by the General Assembly of the State of Vermont: 17
* * * Residential and Commercial Building Energy Standards * * * 18

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Sec. 1. 20 V.S.A. chapter 173, subchapter 2 is amended to read: 1
Subchapter 2. Division of Fire and Building Safety 2
§ 2728. DIRECTOR OF FIRE SAFETY 3
There shall be a Director of Fire and Building Safety, who shall be 4
responsible for the operation and supervision of the Fire and Building Safety 5
Division of the Department of Public Safety. The Director shall report directly 6
to the Commissioner and shall serve as a member of the Fire Service Training 7
Council. The Director shall be an exempt State employee and shall be 8
appointed by the Commissioner, with the approval of the Governor. 9
* * * 10
§ 2731. RULES; INSPECTIONS; VARIANCES 11
* * * 12
(l) Energy standard certificates. Provision of a certificate as required by 13
30 V.S.A. § 51 section 2772 of this title (residential building energy standards) 14
or 53 section 2774 of this title (commercial building energy standards) shall be 15
a condition precedent to the issuance of a certificate of use or occupancy for a 16
public building under the rules adopted pursuant to this section. 17
* * * 18
§ 2734. PENALTIES 19
(a) A person who violates any provision of this subchapter or subchapter 20
2B of this chapter or any order or rule issued pursuant to this subchapter shall 21

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VT LEG #386266 v.3
be fined not more than $10,000.00. The State’s Attorney of the county in 1
which the violation occurs shall prosecute the violation and may commence a 2
proceeding in the Superior Court to compel compliance with the order or rule, 3
and the court may make orders and decrees in relation to the proceeding by 4
way of writ of injunction or otherwise. 5
* * * 6
(c) The Commissioner may, after notice and opportunity for hearing, assess 7
an administrative penalty of not more than $1,000.00 for each violation of this 8
subchapter or subchapter 2B of this chapter or any rule adopted under this 9
subchapter. Penalties assessed pursuant to this subsection shall be based on the 10
severity of the violation. An election by the Commissioner to proceed under 11
this subsection shall not limit or restrict the Commissioner’s authority under 12
subsection (a) of this section. 13
(d) Violation of any rule adopted under this subchapter or subchapter 2B of 14
this chapter shall be prima facie evidence of negligence in any civil action for 15
damage or injury that is the result of the violation. 16
* * * 17
§ 2736. MUNICIPAL ENFORCEMENT 18
(a)(1) The legislative body of a municipality may appoint one or more 19
trained and qualified officials and may establish procedures to enforce rules 20
and standards adopted under subsection 2731(a) of this title and sections 2772 21

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(residential building energy standards) and 2774 (commercial building energy 1
standards) of this title. 2
(2) After considering the type of buildings within the municipality, if the 3
Commissioner determines that the training, qualifications, and procedures are 4
sufficient, he or she the Commissioner may assign responsibility to the 5
municipality for enforcement of some or all of these the rules and standards 6
adopted under subsection 2731(a) of this title and sections 2772 (residential 7
building energy standards) and 2774 (commercial building energy standards) 8
of this title. The Commissioner may also assign responsibility for enforcement 9
of the rules of the Access Board adopted under section 2902 of this title. 10
(3) The Commissioner shall provide continuing review, consultation, 11
and assistance as may be necessary. 12
(4) The assignment of responsibility may be revoked by the 13
Commissioner after notice and an opportunity for hearing if the Commissioner 14
determines that the training, qualifications, or procedures are insufficient. 15
(5)