Wyo. Code R. 041-0002-6
Council on Fire Prevention, Electrical Safety
Effective Date: 01/15/2004 to 06/27/2006
Rule Type: Superceded Rules & Regulations
Reference Number: 041.0002.6.01152004
Section 1. Authority.
These rules are promulgated by authority of W.S., § 35-9-106(c).
Section 2. Definitions. The following definitions will apply under these rules:
(a) Applicant - Party appealing to council on action or decision of the Wyoming state fire marshal. (b) Department - Wyoming Department of Fire Prevention and Electrical Safety. (c) Council - The Council on Fire Prevention, and Electrical Safety in Buildings.
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:
(a) Any aggrieved party may appeal from an order or final action of the state fire marshal decided under W.S., § 35-9-106(c). Persons desiring to be heard by the council under this section shall request and complete the Appeal Request Form provided by the state fire marshal. (b) Seven (7) copies of the form and the required documentation containing the following information must be completed and returned to the department at least five (5) working days prior to the next regularly scheduled council meeting: (i) Name and address of applicant; (ii) Telephone contact number for applicant; (iii) Name of attorney or person who will be representing applicant on the appeal before the council;
(iv) Name and address of facility or installation involved, and:
(v) Issue for appeal, which must fall into at least one of the following categories, along with the attached materials specified below:
1. Determine suitability of alternate materials or types of construction: If the appeal concerns a determination, attach separate sheet(s) clearly detailing the specific materials to be used or methods used to achieve suitability of alternate materials or types of construction, including all test data, etc., necessary to substantiate the submittal, or;
2. Interpretation or variance of rules and regulations: If the appeal concerns an interpretation of or variance from the rules and regulations of the council, attach separate sheet(s) detailing the section(s) of the rules and regulations for which the applicant is requesting the interpretation or variance along with any documentation substantiating or supporting the reasons and rationale for the request.
(xiii) Explain reason for Appeal Request:
(c) An Appeal Request, along with the materials submitted with it, shall be presented to the council during the next regularly scheduled council meeting. The party requesting the appeal may appear in person at the meeting and give oral testimony in support of his or her position regarding the appeal.
(d) The department shall present exhibits, testimony, or evidence to the council which explains the department's position on the issue or demonstrates the basis of its action or decision that has been appealed to the council.