Fire Prevention & Electrical Safety, Dept. of

Council on Fire Prevention, Electrical Safety

Effective Date: 08/16/2001 to 01/15/2004

Rule Type: Superceded Rules & Regulations

Reference Number: 041.0002.6.08162001

CHAPTER VI

APPEAL PROCEDURES

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:

1. (a) Respondent - Applicant or appellant.
2. (b) Department - Wyoming Department of Fire Prevention and Electrical Safety.
3. (c) Council - The Council on Fire Prevention, Electrical Safety, and Energy Efficiency 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 twenty (20) days prior to the next regularly scheduled Council meeting.

1. (i) Requested by:
2. (ii) Title:
3. (iii) Address:
4. (iv) City, State, Zip:
5. (v) Telephone:
6. (vi) To be presented by:
7. (vii) Title:
8. (viii) Address:
9. (ix) City, State, Zip:
10. (x) Telephone:

(xi) Name and address of facility or installation involved:

(xii) Reason for Appeal Request:

1. Determine suitability of alternate materials and/or types of construction;

1(a) If request is for Item 1, attach separate sheet(s) clearly detailing the specific method used to achieve suitability of alternate materials and types of construction, including all test data, etc., necessary to substantiate your submittal.

2. Interpretation of Rules and Regulations; or

2(a) If request is for Item 2, attach separate sheet(s) detailing the section(s) of the Rules and Regulations for which you are requesting interpretation along with any documentation substantiating or supporting your reason for requesting the interpretation.

3. Variance from Rules and Regulations;

3(a) If request is for Item 3, attach separate sheet(s) clearly detailing your reasons for a variance request along with substantiating documentation.

(xiii) Explain reason for Appeal Request:

(c) Written and oral information in support of the request may be presented to the Council during the next regularly scheduled Council meeting. All requests must contain explanations, exhibits, or evidence of alternative methods of code compliance. The appellant shall submit seven (7) copies of each written document to the Council on or before the meeting.

(d) The Department must present exhibits or evidence which explain the violation.