Wyo. Code R. 041-0003-2
General Agency, Board or Commission Rules
Chapter 2: Building Construction Plan Review
Effective Date: 10/05/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 041.0003.2.10052023
(a) Except as provided in W.S. 35-9-108(q), prior to beginning any new construction, the remodeling of existing buildings, change of occupancy/use, modification of any building system, 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, with a permit issued by the Department prior to beginning work.
(b) When plans are submitted to the Department for review they shall be drawn to scale; 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.
(c) 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 otherwise exempted from professional plans preparation by Wyoming Statute or Agency Rule.
(ii) Plans submitted for fire protection systems and for fire detection and alarm systems, designed by a NICET III or greater professional, or 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 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.
(d) An application to the Department shall be required for tank installations, commercial hood systems, fire protection sprinkler systems, fire alarm systems, and other fire suppression systems.
(e) 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.
(f) 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. Codes used for justification and their Edition shall be clearly indicated on the design.
(i) Electrical Designs: Sufficient information on the plans and in the specifications shall include but not be limited to, 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) 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.
(b) Plan reviews may be submitted in phases so that work may begin on the first phase of a project upon approval of the plans for that phase. Subsequent work may begin on each successive phase as plans are approved for each successive phase. Plans for commercial Type I hoods, fire alarm systems and fire sprinkler systems shall be submitted as deferred submittals after the initial plans are approved. The number of phases in the total project shall be clearly identified in the initial plan submittal. A phased plan submittal may be returned as unacceptable by the Department if it contains more phases than proposed in the initial submittal.
(c) The applicant shall make an application and submit plans and specifications electronically through the Department public e-portal.
(d) If it is determined by the Department that the plans received are incomplete, the applicant will be notified electronically of the required additional information.
(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 database and status updated to 'Plan Review Payment Pending'.
(f) After having been logged in and status updated 'Plan Review Payment Pending', the plans shall be assigned to a plans examiner for review. The review shall be completed within twenty-one (21) working days.
(g) If the plans contain items that must be corrected or clarified, a 'Request for Information' letter shall be electronically transmitted to the submitter. The identified items shall be corrected and shall be resubmitted to the Department for review.
(i) If the applicant does not agree to correct the deficiencies, the applicant 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).
(h) When the Department approves the submitted plans, the plans and the specifications shall be stamped “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, mechanical or electrical code requirements, and all work, construction and installation, shall be performed in accordance with the approved plans.
(i) Upon receipt of payment and approval of submitted plans, a ‘Permit to Construct’ shall be issued. An electronic copy shall be sent to the submitter.
(j) One (1) electronic copy of approved plans and specifications shall be retained by the Department. One (1) electronic 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 and a hard copy of the “Permit to Construct” shall be conspicuously posted. The 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 “APPROVED AS NOTED” is not authorization, allowance or approval of the violation of any applicable code, law, or regulation.
(l) After a permit to construct is issued 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 letter of compliance in cases where occupancy and use will not pose an unreasonable risk to persons using and occupying the premises. Such temporary certificates or letters shall be on the Department’s letter-head or forms approved by the Fire Marshal or Assistant Fire Marshal. A temporary certificate or letter shall clearly list any and all outstanding code requirements to be completed before issuance of a permanent certificate of occupancy or letter of compliance will occur. A temporary certificate of occupancy or letter of compliance shall be signed by the Director or Deputy Director. The temporary certificate of occupancy 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:
| TOTAL VALUATION | FEE |
|---|---|
| $1.00 to $499.99 | $36.61 |
| $500.00 To $1,999.99 | $36.61 for the first $500.00 plus $4.91 for each additional $100.00, or fraction thereof, to and including $1,999.99; |
| $2,000.00 to $24,999.99 | $110.24 for the first $2,000.00 plus $22.33 for each additional $1,000.00, or fraction thereof, to and including $24,999.99; |
| $25,000.00 to $49,999.99 | $623.64 for the first $25,000.00 plus $16.05 for each additional $1,000.00, or fraction thereof, to and including $49,999.99; |
| $50,000.00 to $99,999.99 | $1024.80 for the first $50,000.00 plus $11.14 for each additional $1,000.00, or fraction thereof, to and including $99,999.99; |
| $100,000.00 to $499,999.99 | $1581.98 for the first $100,000.00 plus $8.91 for each additional $1,000.00, or fraction thereof, to and including $499,999.99; |
| $500,000.00 to $999,999.99 | $5147.90 for the first $500,000.00 plus $7.56 for each additional $1,000.00, or fraction thereof, to and including $999,999.99; |
| $1,000,000.00 and up | $8928.74 for the first $1,000,000.00 plus $5.79 for each additional $1,000.00, or fraction thereof. |
Other Inspections and Fees:
1. Inspections outside of normal business hours... $103.76 per hour Minimum charge - 1 hour).
2. Re-inspection fees $103.76 per hour*.
3. 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.