Conn. Agencies Regs. § 19-13-B100a - Building conversions/changes in use, building additions, garages/accessory structures, swimming pools, sewage disposal area preservation
(a)
Definitions. As used in this
section:
(1) "Accessory structure" means a
permanent non-habitable structure which is not served by a water supply and is
used incidental to residential or non-residential buildings. Accessory
structures include, but are not limited to, detached garages, open decks, tool
and lawn equipment storage sheds, gazebos, and barns.
(2) "Building conversion" means the act of
winterizing a seasonal use building into year round use by providing one or
more of the following:
(A) a positive heating
supply to the converted area; or,
(B) a potable water supply which is protected
from freezing; or,
(C) energy
conservation in the form of insulation to protect from heat loss.
(3) "Change in use " means any
structural, mechanical or physical change to a building which allows the
occupancy to increase; or the activities within the building to expand or alter
such that, when the building is fully utilized, the design flow or required
effective leaching area will increase.
(4) "Code-complying area" means an area on a
property where a subsurface sewage disposal system can be installed which meets
all requirements of Section 19-13-B103 of the Regulations of Connecticut State
Agencies, and the Technical Standards except for the one hundred percent
reserve leaching area referred to in Section VIII A of the Technical
Standards.
(5) "Design flow" means
the anticipated daily discharge from a building as determined in accordance
with Sections IV and VIII F of the Technical Standards.
(6) "Potential repair area" means an area on
a property which could be utilized to repair or replace an existing or failed
septic system and includes areas on the property where exceptions to Section
19-13-B103 of the Regulations of Connecticut State Agencies could be granted by
the local director of health or the Commissioner of Public Health but does not
include areas beyond those necessary for a system repair and areas of exposed
ledgerock.
(7) "Technical
Standards" means those standards established by the Commissioner of Public
Health in the most recent revision of the publication entitled "Technical
Standards for Subsurface Sewage Disposal Systems" prepared pursuant to Section
19-13-B103d(d)
of the Regulations of Connecticut State Agencies. These standards can be
obtained from the Department of Public Health, 410 Capitol Avenue, MS #51SEW,
P.O. Box 340308, Hartford, CT. 06134-0308, or by calling (860)
509-7296.
(b)
Building conversion, change in use. If public sewers are not
available, no building or part thereof shall be altered so as to enable its
continuous occupancy by performing any building conversion, nor shall there be
a change in use unless the local director of health has determined that after
the conversion or change in use, a code-complying area exists on the lot for
installation of a subsurface sewage disposal system. The determination by the
local director of health of whether a code-complying area exists on the
property shall be based upon analysis of existing soil data. If soil data is
not available, the property owner shall perform soil testing. The property
owner or the owner's authorized agent shall submit design plans or a sketch to
demonstrate how the property contains a code-complying area that can
accommodate a sewage disposal system. The local director of health may require
expansion of the existing sewage disposal system or installation of a new
sewage disposal system at the time of the change in use for those properties
whenever the proposed change in use results in a more than 50% increase in the
design flow.
(c)
Building
additions. If public sewers are not available, no addition to any
building shall be permitted unless the local director of health has determined
that after the building addition a code-complying area exists on the lot for
the installation of a subsurface sewage disposal system. Once a code-complying
area is identified, portions of the property outside this designated area may
be utilized for further development of the property. This determination by the
local director of health shall be based upon analysis of existing soil data to
determine if a code-complying area exists. If soil data is not available, the
property owner shall perform soil testing. The property owner or the owner's
authorized agent shall submit design plans or a sketch to demonstrate how the
property contains a code-complying area that can accommodate a sewage disposal
system. If the applicant submits soil test data, design plans or a sketch and
is unable to demonstrate a code-complying area, the building addition shall be
permitted, provided:
(1) The size of the
replacement system shown on design plans or sketch provides a minimum of 50% of
the required effective leaching area per the Technical Standards,
(2) The replacement system shown on the plans
or sketch provides a minimum of 50% of the required Minimum Leaching System
Spread (MLSS) per the Technical Standards,
(3) The proposed design does not require an
exception to Section
19-13-B103d(a)
(3) of the Regulations of Connecticut State Agencies, regarding separation
distances to wells,
(4) The
addition does not reduce the potential repair area, and
(5) The building addition does not increase
the design flow of the building.
The local director of health may require expansion of the existing sewage disposal system or installation of a new sewage disposal system at the time of building addition whenever the proposed addition results in a more than 50% increase in the design flow. The separation distance from an addition to any part of the existing sewage disposal system shall comply with Table 1 in Section II of the Technical Standards.
(d)
Attached or detached garages,
accessory structures, below or above ground pools. If public sewers are
not available, no attached garage, detached garage, accessory structure, below
or above ground pool shall be permitted unless the local director of health has
determined that after construction of the attached garage, detached garage,
accessory structure, below or above ground pool, a code-complying area exists
on the lot for installation of a subsurface sewage disposal system. This
determination by the local director of health shall be based upon analysis of
existing soil data. If soil data is not available, the property owner shall
perform soil testing. The property owner or the owner's authorized agent shall
submit design plans or a sketch to demonstrate how the property contains a
code-complying area that can accommodate a sewage disposal system. If the
applicant submits soil test data, design plans or a sketch and is unable to
demonstrate a code-complying area, the attached or detached garage, below or
above ground pool, or accessory structure shall be permitted, provided the
structure does not reduce the potential repair area. The separation distance
from the attached or detached garage, below or above ground pool, or accessory
structure to any part of the existing sewage disposal system shall comply with
Table 1 in Section II of the Technical Standards.
(e)
Sewage disposal area
preservation. If public sewers are not available, no lot line shall be
relocated or any other activity performed that affects soil characteristics or
hydraulic conditions so as to reduce the potential repair area, unless the
local director of health has determined that after the lot line relocation or
disturbance of soils on the lot a code-complying area exists for the
installation of a subsurface sewage disposal system. This determination by the
local director of health shall be based upon analysis of existing soil data. If
soil data is not available, the property owner shall perform soil testing. The
property owner or the owner's authorized agent shall submit design plans or a
sketch to demonstrate how the property contains a code-complying area that can
accommodate a sewage disposal system. In no case shall a relocated lot line
violate Subsection (d) of Section
19-13-B103(d) of
the Regulations of Connecticut State Agencies that requires that each
subsurface sewage disposal system shall be located on the same lot as the
building served.
(f)
Decision
by Director of Health. Any final decision of the local director of
health made in regard to this section shall be made in writing and sent to the
applicant. Any decision adverse to the applicant or which limits the
application shall set forth the facts and conclusions upon which the decision
is based. Such written decision shall be deemed equivalent to an order, and may
be appealed pursuant to Section
19a-229
of the Connecticut General Statutes.
Notes
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