Wyo. Code R. 041-0002-1
Council on Fire Prevention, Electrical Safety
Effective Date: 02/11/2008 to 02/21/2012
Rule Type: Superceded Rules & Regulations
Reference Number: 041.0002.1.02112008
& ELECTRICAL SAFETY RULES
(FINAL RULES ADOPTED BY GOV. FEBRUARY 11, 2008)
GENERAL PROVISIONS
Section 1. Authority and Purpose.
These rules are adopted pursuant to W.S. 35-9-106 and 16-3-101 et seq. for the purpose of establishing fair and efficient means of conducting the duties of the Department of Fire Prevention and Electrical Safety [hereafter the Department] and to give notice of the procedures to be used.
Section 2. Codes and Standards.
(a) In accordance with W.S. 35-9-106, the following codes are adopted: (i) The International Building Code, 2006 Edition. (ii) The International Fire Code, 2006 Edition including, a. Appendix D, Appendix E, Appendix F and Appendix G. (iii) The International Mechanical Code, 2006 Edition. (iv) The International Fuel Gas Code, 2006 Edition. (v) Provisions of the International Existing Building Code, the International Residential Code, the International Property Management Code, as said codes are referenced in the International Building Code, the International Fire Code, the International Mechanical Code, and the International Fuel Gas Code but only to the extent that the referenced provisions apply to fire and life safety issues. (vi) Provisions of the National Electrical Code, the International Plumbing Code, and the International Energy Conservation Code referenced in the International Building Code, the International Fire Code, the International Mechanical Code, and the International Fuel Gas Code are specifically not adopted herein.
(b) W.S. 16-6-501 and 16-6-502 establish the minimum standards for accessibility by the physically handicapped in public buildings built by any public administrative body.
(c) When the terms building official, fire chief, or enforcing authority are encountered in the codes, they shall mean the State Fire Marshal or his authorized representative.
(d) Where the term fire department is encountered in the codes, it means the Department of Fire Prevention and Electrical Safety.
(e) Definitions found in W.S. 35-9-102 and in the International Codes shall apply throughout these rules.
(f) In cases of clearly demonstrated hardship or practical difficulty, the Council on Fire Prevention and Electrical Safety in Buildings may grant exceptions from the standards adopted in these rules. An exception may be granted when the Council has determined that an equivalent standard of safety is achieved by alternate means.
(a) For the purpose of these rules and regulations, the term "variance" shall mean a waiver of the strict letter of the codes as established by W.S. 35-9-106(c) as to construction methods and materials which requires substantial compliance without sacrificing the spirit and intent of codes.
(b) If any person does not agree to comply with the decisions of the Department after notification of same by the Department, he/she shall submit to the Department, in writing, a request for an appeal hearing before the Council. It shall be the right of the aggrieved to appeal the decision of the Department to the Council through the provisions of Chapter VI of these rules and regulations.
(a) "Building Code" means the International Building Code, 2006 Edition. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction.
(b) "Council" means the Council on Fire Prevention and Electrical Safety in Buildings.
(c) “Design Professional” is an architect or engineer, registered or licensed to practice architecture or engineering, as defined by statutory requirements of the professional registration laws of the state of Wyoming.
(d) “Factory built housing” means manufactured homes or mobile homes.
(e) “Fire Code” means the International Fire Code, excluding Chapter 1, Section 105, 2006 Edition. The provisions of this code prescribe regulations consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from hazards of fire, explosions, and dangerous conditions arising from the storage and handling and use of hazardous materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises and provisions to assist emergency response personnel.
(f) “General Plan Review Correction List” means a detailed report that lists the code deficiencies noted during the plan review process that may need to be corrected and resubmitted. This list is also referred to as “Review Comments”.
(g) “HUD Code” means the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. Sec. 5401 et seq.
(h) “Mechanical Code” means the International Mechanical Code, 2006 Edition. The provisions of this code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances within this jurisdiction.
(i) “Mobile home” means a transportable factory built housing unit built on or before June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code).
(j) “Nationally Recognized Standards” means standards that are generally accepted as reliable or authoritative.
(k) “Participant Sports Area” as referenced in the International Building Code shall include the playing area and the area surrounding the playing area, provided the occupants of the surrounding area are associated with the participant, and the total occupant load of the building is less than 50 and the building contains no other occupancies or uses.
(l) “Plans” means a submittal including drawings or diagrams, calculations, design professional’s seal or letter of approval, cut sheets (material specifications), technical specifications and any other design documents as needed, showing the arrangement in horizontal section of a building or aboveground flammable or combustible storage tank, which may include details of foundations, structural components, framing, plumbing, mechanical, electrical systems and fire protection systems.
(m) “Plan Review Packet” means the packet of printed material that contains detailed information for the plan submitter, detailing specific required information related to the proposed project and a schedule of plan review fees based on the valuation of the project.
(n) “Preliminary Review” means a discussion or procedure leading to the final review of submitted plans.
(o) “Valuation” of a building shall be the estimated cost to replace the building or structure in kind, based on current replacement costs including materials and labor. Valuation may also refer to the estimated construction cost of a system of building components only, such as a “fire protection sprinkler system” or “fire alarm system”.
(a) Prior to beginning any new construction, the remodeling of existing buildings or the installation of aboveground flammable or combustible fuel storage tanks, plans shall be submitted for review. The owner or the owner's designated representative shall submit plans to the Department for review of the proposed project for compliance with applicable fire and electrical safety standards. The owner shall be responsible to ensure plans are submitted and approved by the Department prior to beginning work.
(i) Applicable plan review fees shall accompany submitted plans. Sufficient postage to provide for the return of one set of plans and specifications shall be included and attached to a label bearing the return address of the applicant.
(ii) For the purposes of a fire protection sprinkler system or a fire alarm system, design plans may be submitted electronically as long as they are drawn to scale.
(b) A separate plan submittal shall be submitted for each building, structure or tank facility unless such building, structure or tank facility is associated with the main project.
(c) When hard copy plans are sent to the Department for review they shall be drawn to scale on substantial paper; and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of the statutes and the rules and regulations of the Department.
If plans received do not meet the provisions of the statutes, rules, and regulations they may be returned as unaccepted at the expense of submitter.
(d) Plans which have been prepared by a professional individual or firm practicing architecture or engineering shall include the name and Wyoming license number of the responsible architect or engineer and bear their seal.
(i) Plans submitted must be prepared by a design professional registered to practice in Wyoming, unless the building is exempted from professional plans preparation as described in W. S. 33-4-117.
(ii) Plans submitted for fire protection systems and for fire detection and alarm systems, designed by a NICET III or greater professional, shall be prepared under the direct supervision of a design professional registered to practice engineering in Wyoming. If the system is a manufactured, pre-engineered system, such evidence shall be submitted for verification.
(iii) Plans submitted for public or private above ground fuel dispensing facilities or a Type I Commercial Hood System must be professionally designed or be pre-engineered by the manufacturer.
(iv) When determining the occupant load of a Family Child Care Home (FCCH), a Family Child Care Center (FCCC) or a Child Care Center (CCC), the floor area in square feet per occupant shall be calculated by using the occupant load factor of 35.
(v) Mobile Homes shall not be used for Family Child Care Homes (FCCH), Family Child Care Centers (FCCC) or Child Care Centers (CCC).
(e) A separate form provided by the Department and known as the project information sheet shall give the following information:
Proposed Construction Starting Date: (sprinkler and alarm systems only)
Name of the Building/Facility: _______
Building/Facility Address: _______
Type of Construction (Circle one): I-A, I-B, II-A, II-B, III-A, III-B, IV-HT, V-A, V-B
Building Occupancy or Use: _______
Automatic Fire Sprinklers: ☐ Yes ☐ No
Number of Stories: ☐ Basement: ☐ Building Height: ☐
Square Footage: 1st Floor ☐ 2nd Floor ☐ Basement ☐
Estimated Valuation of Work: $ ___
Plan Review Fees: $ ___
Building Owner: _______
Address: _______
City/Town: ____ State: __ Zip: _______
Telephone Number: _______
Plans Submitted By: _______
Address: _______
City/Town: ____ State: __ Zip: _______
Telephone Number: _______
(f) A separate form and packet provided by the Department shall be required for aboveground tank installations, commercial hood systems, fire protection sprinkler systems, fire alarm systems, and other fire suppression systems.
(g) Plans shall include site plan, drawn to scale, showing the property lines, streets and alleys, fire access roads, proposed building location, and any other structures on the site.
(h) Plans shall further include floor plans, drawn to scale, with all rooms identified, exterior elevations, wall, ceiling, floor and roof details and complete mechanical plans.
(i) Electrical: Sufficient information on the plans and in the specifications shall include one line diagrams showing feeders, service and panels, panel schedules, location of all electrical equipment, devices, classification on hazardous areas, emergency systems, and short circuit current available at the supply terminals at the service equipment.
(a) Upon request, the Department shall provide the Plan Review Packet which contains the project information sheet which shall be completed and accompany the plan submittal and the plan review fees.
(b) The Department may upon its own initiative, or upon the request of the submitter, hold preliminary meetings with design professionals and building owners or the building owner's designated representative to discuss code issues relative to proposed projects.
(c) The applicant shall send or deliver the plans to the Department. The following must be provided before a plan review will commence by the Department:
(i) Four (4) sets of plans and specifications as described in Section I (e) & (f) or One (1) set of CAD drawings (in DWF format) if sent electronically for sprinkler and alarm systems;
(ii) Plan review fee;
(iii) Postage for return of one set of approved plans (not applicable if review documents are sent electronically);
(iv) Project Information Sheet;
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(v) Compliance with other rules of the Council.
(d) If it is determined by the Department that the plans received are incomplete, the applicant will be notified in writing of the required additional information, and with that notice, the plans and specifications may be returned at the submitter's expense.
(e) The plan review process shall begin after the Department determines the plans submitted contain sufficient information for a comprehensive plan review. After that determination is made, the plans shall be logged into the plan review data base and stamped and dated as "RECEIVED".
(f) After having been logged in and stamped as "RECEIVED" the plans shall be assigned to a plans analyst for review. The review shall be completed within twenty-one (21) working days.
(g) If the plans contain items that must be corrected, a general plan review correction list or review comments shall be mailed or electronically transmitted in a protected format back to the submitter. The identified items shall be corrected and verification of correction shall be resubmitted to the Department with an original signature concurring that corrections have been made before construction may begin.
(h) If the applicant does not agree to correct the deficiencies he/she shall submit an objection, in writing, to the Department and request an appeal hearing before the Council pursuant to W.S. 35-9-106(c).
(i) When the Department issues final approval of plans, he/she shall stamp the plans and the specifications "REVIEWED AND APPROVED FOR FIRE AND LIFE SAFETY ONLY" or "APPROVED AS NOTED". Approved plans and specifications shall not be changed, modified, or altered without authorization of the Department relative to fire and life safety consideration, and all work, construction and installation, shall be performed in accordance with the approved accepted plans.
(j) Three (3) sets of accepted plans and specifications shall be retained by the Department. One (1) set of plans shall be returned to the applicant and a hard copy shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. The General Plan Review Correction List or review comments shall be attached to the applicant's plans and shall remain as a part of the plans. All hard copies shall be the responsibility of the submitter.
(k) Stamped plans marked "REVIEWED AND APPROVED FOR FIRE AND LIFE SAFETY ITEMS ONLY" or "APPROVED AS NOTED" is not authorization, allowance or approval of the violation of any applicable code, law, or regulation.
(l) After acceptance by the Department, construction shall commence within 180 days. After construction commences work shall not be suspended or abandoned for more than 180 days or the approval of plans and/or the electrical permit shall become null and void.
(m) The Department may, in writing, suspend or revoke acceptance issued under the provisions of the rules and regulations whenever the acceptance is issued in error or on the basis of incomplete or incorrect information.
(n) The Department may issue a temporary certificate of occupancy or temporary certificate of compliance in cases where occupancy and use will not pose an unreasonable risk to persons using and occupying the premises. Such temporary certificates shall be on the Department's letterhead or forms approved by the Department. A temporary certificate shall clearly list any and all outstanding code requirements to be completed before issuance of a permanent certificate of occupancy or certificate of compliance will occur. A temporary certificate of occupancy or compliance shall also clearly state an expiration date when all code requirements are to be met.
(a) When documents are submitted as required by W. S. 35-9-108, a plan review fee shall be paid with the submittal. Said plan review fee shall be as follows on page 2-9:
| TOTAL VALUATION | FEE |
|---|---|
| $1.00 to $500.00 | $16.03 |
| $501.00 to $2,000.00 | $16.03 for the first $500.00 plus $2.08 for each additional $100.00, or fraction thereof, and including $2,000.00 |
| $2001.00 to $25,000.00 | $47.22 for the first $2,000.00 plus $9.55 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 |
| $25,001.00 to $50,000.00 | $267.12 for the first $25,000.00 plus $6.90 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 |
| $50,001.00 to $100,000.00 | $438.95 for the first $50,000.00 plus $4.78 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 |
| $100,001.00 to $500,000.00 | $677.60 for the first $100,000.00 plus $3.82 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 |
| $500,001.00 to $1,000,000.00 | $2,204.94 for the first $500,000.00 plus $3.25 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 |
| $1,000,001.00 and up | $3,824.33 for the first $1,000,000.00 plus $2.49 for each additional $1,000.00, or fraction thereof |
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Other Inspections and Fees:
1. Inspections outside of normal business hours...$49.31 per hour (Minimum charge - two hours)
2. Reinspection fees assessed under provisions of Section 109.3.8 of the 2006 Uniform Building Code ...$49.31 per hour*
3. Inspections for which no fee is specifically indicated...$49.31 per hour* (Minimum charge -- one-half hour)
4. Additional plan review required by changes, additions or revisions to Plans... $49.31 per hour* (Minimum charge -- one-half hour)
5. Outside consultants for plan checking and inspections, or both ...Actual costs
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
Actual costs include administrative and overhead costs.
MUNICIPALITY/COUNTY LOCAL ENFORCEMENT AUTHORITY
Section 1. Delegation of Enforcement Authority.
(a) The delegation of joint plan review authority over state owned or leased buildings pursuant to W.S. 35-9-121(b) is contingent upon maintenance of properly certified inspectors by the municipality or county for each purpose. Failure to maintain the properly certified inspectors will result in cancellation of the authority of the local enforcement jurisdiction over state owned or leased buildings. It is the responsibility of the municipality or county to inform the Department promptly of any lapse in required inspector certification.
(b) If local enforcement is relinquished back to the State it must be done as prescribed in W.S. 35-9-121(a), and it shall be for a period of time not less than 6 months. The six-month period may be waived by the Department upon satisfactory evidence demonstrating the need.
Section 2. Inspector Qualifications (Recommended).
(a) In accordance with W.S. 35-9-106(a)(iii), it is recommended that each political subdivision applying for local enforcement authority provide at least one full time inspector assigned to perform each of the following functions:
(i) A building inspector certified by the International Code Council. Enforcement should include review of building construction plans to ensure compliance to such standards.
(ii) A fire inspector certified by the International Code Council (ICC).
(iii) An electrical inspector certified by the International Code Council or the International Association of Electrical Inspectors and licensed by the state as a master electrician.
SPECIAL DEPUTY STATE FIRE MARSHALS
Section 1. Authority.
W.S. 35-9-107(b)(iii).
Special Deputy State Fire Marshal means any person properly qualified and appointed by the State Fire Marshal to assist with his duties. Special Deputy State Fire Marshals serve without pay. Special Deputy State Fire Marshals shall not charge for their services while acting in that capacity.
The State Fire Marshal may appoint as many special deputies as he/she determines necessary to serve the public interest.
(a) Appointment may be made verbally when necessary to facilitate and insure timely inspection or investigation. Such verbal appointments must be verified within forty-eight (48) hours in writing. All other appointments shall be in writing at the time of appointment. (b) An appointee shall be certified in conformance with the requirements established by the Department. (c) An appointee will be issued an identification card and certificate.
The appointment term of a special deputy shall expire on January 1 following the year of issue. The appointment becomes invalid when withdrawn in writing by the Department, or when any qualification in W.S. 35-9-107(b)(iii) or Section 4 of these rules and regulations is no longer satisfied.
The powers of a special deputy are limited to those necessary to conduct an effective inspection or investigation as assigned by Department. Any actions taken by the special deputy which exceed these powers are not binding on the Department.
Special deputies shall submit a written report of observations, findings, and conclusions of each inspection or investigation permitted by this section. Reports shall be submitted to the Department by certified mail within forty-eight (48) hours of completion of the inspection or investigation, unless more time is granted by the Department.
In the event a special deputy continues to act as a special deputy after an appointment has been terminated, or expires, or if a special deputy goes beyond the authority permitted by this section, the Department may institute appropriate legal proceedings.
FIRE REPORTING
(a) The chief officer or designated representative of every fire protection jurisdiction in the state shall report all fires occurring that were reported or that required an emergency response. The report shall include all information required by the Department concerning the origin, facts and circumstances of the fire determined by investigation under this act. The report shall be submitted electronically or in a digital format approved by the Department. The report shall be furnished to the Department within one (1) week of the fire. (W.S. 35-9-107 and 35-9-109).
APPEAL PROCEDURES
Section 1. Authority.
These rules are promulgated by authority of W.S. 35-9-106 and W.S. 16-3-101 through 16-3-115.
Section 2. Definitions. The following definitions will apply under these rules:
Section 3. Purpose.
These rules are established to provide a fair and efficient method for the Council to hear appeals to determine the suitability of alternate materials and types of construction and to interpret and grant variances from rules and regulations of the Council.
Section 4. Commencement of Action.
Commencement of Action shall be as follows:
(b) Any person, or his representative, may make a request to the Department, in writing, for a hearing. An Appeal Request Form will be provided by the Department upon request.
(c) The request shall contain at least:
As nearly as practicable, the following order of procedure shall be followed:
1. The Council shall be present at the hearing and the Council Chairman shall act as presiding officer over the case.
2. The Council Chairman shall announce the hearing is open and call by title the case to be heard. The Council Chairman shall ask if parties are ready to proceed and will allow parties an opportunity to dispose of any preliminary matters.
3. The Council Chairman shall administer the oath to all witnesses who will present testimony.
4. The Council Chairman may, at their discretion, allow evidence to be heard in an order other than prescribed here and shift the burden of proof accordingly.
5. Opening statements will be made, Complainant first, then Respondent.
6. The Complainant presents its case including witness testimony. There shall be opportunity for cross-examination by Respondent. The Council may exercise the right to ask questions of witnesses as well.
7. The Respondent presents its case including witness testimony. There shall be opportunity for cross-examination by Complainant. The Council may exercise the right to ask questions of witnesses as well.
8. Closing statements will be made, Complainant first, then Respondent, then the Complainant in rebuttal.
9. The Council Chairman may limit the time for opening and closing statements.
10. The Council Chairman may recess the proceedings as appropriate.
11. After all parties have had an opportunity to be heard, the Council Chairman shall excuse all witnesses and close the evidence.
12. All deliberations will be done in an open meeting.
Section 6. Decision.
The Council will issue the final written decision within 30 days. The decision will consist of findings of fact and conclusions of law and the appropriate order, relief or denial thereof.
Section 7. Informal Disposition.
Settlement of an appeal by any informal means (i.e. stipulation, agreed settlement or consent order) shall be allowed at any time, unless precluded by law. Such settlements shall be in writing by both parties and included as a part of the record. The Council shall enter an order dismissing the hearing proceeding upon such settlement, and such order shall be considered the final order.