Sec. 13a-86a. Geometric design standards for bridges, exceptions. Factors re bridge rehabilitation or new construction. Development or construction of projects by municipal governments. Immunity from
Sec. 13a-86a. Geometric design standards for bridges, exceptions. Factors re
bridge rehabilitation or new construction. Development or construction of projects
by municipal governments. Immunity from liability. (a) In the event site conditions,
environmental factors, engineering factors or considerations of community standards
and custom would reasonably allow for a departure from the standards for geometric
design with respect to bridges established by the American Association of State Highway
and Transportation Officials or by the Department of Transportation, the department
may approve exceptions to such standards without waivers.
(b) In choosing between the rehabilitation of an existing bridge and the construction
of a new bridge, whether on the existing location or on a new location, the department
and any affected municipality shall weigh the following factors: (1) The functional
classification of the highway; (2) the load capacity and geometric constraints of the
bridge within its existing footprint and the availability of alternative routes; (3) the
comparative long-term costs, risks and benefits of rehabilitation and new construction;
(4) the requirements of state standards for geometric design; (5) disruption to homes
and businesses; (6) environmental impacts; (7) the potential effects on the local and
state economies; (8) cost-effectiveness; (9) mobility; (10) safety, as determined by factors such as accident history for motorists, pedestrians and bicyclists; and (11) the impact
on the historic, scenic and aesthetic values of the municipality in which the bridge is or
may be located.
(c) The department shall implement policies and programs to allow municipal governments to develop projects or construct projects, or both, in consultation with the
department, in accordance with federal laws and regulations if federal funds are used.
(d) The state or a municipality, any state or municipal agency or any employee
thereof or any engineer retained in connection with a bridge project shall not be liable
for any injury or damage to any person or property caused by the selection of design
standards that enable an existing bridge, which was initially constructed not less than
twenty-five years prior to October 1, 1997, to be repaired or rehabilitated in substantially
the same configuration that existed before such repair or rehabilitation, provided nothing
in this subsection shall be construed to relieve the state, any municipality or any person
from liability under section 13a-144 or 13a-149 arising out of structural or design defects
in any such bridge or negligence in the maintenance, repair or rehabilitation of any such
bridge.
(P.A. 97-214, S. 1.)