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Senate Bill No. 432

PUBLIC ACT NO. 96-41

AN ACT CONCERNING THE SALE OF WOOD BY VOLUME AND THE USE OF UNGRADED LUMBER.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 43-27 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) As used in this section, "fuel wood" means any kindling, logs, boards, timbers, chips or other wood, split or not split, natural or processed, which is advertised, offered for sale or sold as fuel; "commercial dealer" means any person who sells more than twenty-five cords or sixty-five tons of fuel wood in any one year; "seasoned wood" means any fuel wood which is cut and air dried for at least six months or if sold by weight which is cut and air dried under cover for at least six months.

(b) The appointing authority of each town may appoint annually, and more often if necessary, two or more of its inhabitants to be measurers of wood offered for sale within the town, who shall be sworn and shall receive such compensation for their services as the town may prescribe. Any such measurer, on request of the owner of any wood so offered for sale, shall, without delay, measure it and sign and give such owner a certificate of its quantity. All fuel wood shall be sold by the standard cord containing one hundred twenty eight cubic feet of compactly piled wood or fractional part of a cord OR ON THE BASIS OF CUBIC VOLUME, or by weight according to the provisions of subsection (c) of this section. The terms "face cord", "rack", "pile", "truckload" or terms of similar import shall not be used when advertising, offering for sale, or selling fuel wood.

(c) No commercial dealer may sell fuel wood by weight or load or deliver fuel wood sold by weight in any vehicle for transportation unless such fuel wood is weighed by a licensed public weigher, as defined in section 43-16a, on a stationary scale which has been tested and sealed by an authorized sealer or inspector of weights and measures. Any fuel wood sold by weight shall be accompanied by a delivery ticket in duplicate which shall contain the following information: (1) The gross weight of any vehicle transporting such fuel wood; (2) the net weight of such fuel wood; (3) whether such fuel wood is seasoned or green; (4) the price of such fuel wood by weight; (5) the name and license number of the public weigher; (6) the name and address of the buyer and the seller; and (7) the date of such transaction. The commercial dealer shall give the original of such ticket to the customer and shall retain the duplicate for at least one year, which copy shall be subject to inspection by any sealer or inspector of weights and measures. No such dealer may sell or deliver to any customer less than the amount of fuel wood represented on such delivery ticket. No public weigher may weigh fuel wood loaded on a vehicle for transportation unless he has first weighed the vehicle empty on the same scale in order to determine the true net weight of such fuel wood. Any sealer or inspector of weights and measures may require that any vehicle for transportation of fuel wood be weighed at the nearest public scale to verify the information recorded on any delivery ticket. If fuel wood is sold by weight, no commercial dealer may deliver more than one load of such fuel wood at a time.

(d) The Commissioner of Consumer Protection may adopt regulations in accordance with the provisions of chapter 54 to carry out the purposes of this section.

Sec. 2. (NEW) The State Building Inspector and the Codes and Standards Committee shall, jointly, with the approval of the Commissioner of Public Safety, amend the State Building Code adopted under section 29-252 of the general statutes to allow the use of ungraded lumber in utility structures, as defined in the State Building Code, or low risk structures including, but not limited to, barns, agricultural buildings, sheds, garages or other outbuildings.

Approved May 2, 1996. Effective October 1, 1996.

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