Fire Prevention & Electrical Safety, Dept. of

General Agency, Board or Commission Rules

Effective Date: 03/24/1994 to 03/29/1999

Rule Type: Superceded Rules & Regulations

Reference Number: 041.0003.1.03241994

CHAPTER I

GENERAL PROVISIONS

Section 1. Authority and Purpose. These rules are adopted pursuant to W.S. 35-9-106 and W.S. 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 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 current editions of the following codes are adopted:

1. (i) The Uniform Building Code.
2. (ii) The Uniform Fire Code, excluding Article 4.
3. (iii) The Uniform Mechanical Code.
4. (iv) The Uniform Code for Building Conservation.

(b) The appendices of the above codes are adopted for use by the Department of Fire Prevention and Electrical Safety. They are recognized as standards of good practice and may be enforced by the Department whenever the codes are inapplicable. The materials, methods of construction, installations, practices or operations necessary shall be substantially in accordance with these recognized standards of good practice.

(c) Wyoming Statute 35-9-120(a) establishes the National Electrical Code as the minimum standard for the installation of electric equipment in or on buildings, mobile homes and premises.

(d) Wyoming Statutes 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.

(e) It is recommended that Chapter 53 of the Uniform Building Code set the minimum standards for the conservation of energy in new residential and public buildings.

(f) When the terms Building Official, Fire Chief, or Enforcing Authority are encountered in the codes, they shall mean the State Fire Marshal.

(g) Where the term Fire Department is encountered in the codes, it means the Department of Fire Prevention and Electrical Safety.

(h) Definitions found in W.S. 35-9-102 and of The Uniform Codes shall apply throughout these rules.

(i) In cases of clearly demonstrated hardship or practical difficulty, the State Fire Marshal may grant exceptions from the standards adopted in these rules. An exception may be granted when the

State Fire Marshal has determined that an equivalent standard of safety and efficiency is achieved by alternate means.

Section 3. Appeals from Decisions.

(a) In accordance with W.S. 35-9-106(c), the Council on Fire Prevention, Electrical Safety and Energy Efficiency in Buildings (The Council) shall hear appeals to determine the suitability of alternate materials and types of construction and interpret and grant variances from rules and regulations of the council.

(b) 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) and 35-9-124(a)(ii) as to construction methods and materials which requires substantial compliance without sacrificing the spirit and intent of codes.

(c) If any person does not agree to comply with the decisions of the department after notification of same by the department, he shall submit to the state fire marshal his reason for objection by mail or in person. It shall be the right of the aggrieved to appeal the decision of the State Fire Marshal through the provisions of Chapter VIII of these rules and regulations.