HB0229 - Fire safety code amendments.

 

2001

State of Wyoming

01LSO-0401.E1

ENGROSSED

 

 

 

HOUSE BILL NO.  HB0229

 

 

Fire safety code amendments.

 

Sponsored by:

 

 

A BILL

 

for

 

 1  AN ACT relating to public health and safety; providing
 2  amendments to the fire prevention and safety code as
 3  specified; modifying process for submitting building plans
 4  for review as specified; eliminating the role of the fire
 5  prevention and electrical safety council regarding
 6  efficient energy usage; modifying provisions relating to
 7  the issuance of a permit or certificate of occupancy as
 8  specified; and providing for an effective date.

 9 

10  Be It Enacted by the Legislature of the State of Wyoming:

11 

12         Section 1.  W.S. 35-9-102(a)(iv), 35-9-103(a)(iii),
13  35-9-106(a)(i)(intro), 35-9-107(b)(ii) and (iii),
14  35-9-108(a)(intro), (c), (d), (f) and (g), 35-9-109(a),
15  35-9-121(a) and (c) and 36-8-1002(e) are amended to read:

16 

17         35-9-102.  Definitions.

 

Page  1

 

 

 

 1 

 2         (a)  As used in W.S. 35-9-101 through 35-9-130:

 3 

 4              (iv)  "Council" means the council on fire
 5  prevention, and electrical safety; and energy efficiency in
 6  buildings;

 7 

 8         35-9-103.  Divisions created; council and board
 9  created.

10 

11         (a)  There are created within the department:

12 

13              (iii)  The council on fire prevention, and electrical
14  safety; and energy efficiency in buildings;

15 

16         35-9-106.  Powers and duties of council.

17 

18         (a)  The council shall adopt rules and regulations to:

19 

20              (i)  Establish minimum fire standards not
21  exceeding the nationally recognized standards prescribed by
22  the Uniform Fire Code, the Uniform Building Code and the
23  Uniform Mechanical Code for:

24 

 

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 1         35-9-107.  Duties and powers of state fire marshal.

 2 

 3         (b)  The state fire marshal may:

 4 

 5              (ii)  Inspect public, business or industrial
 6  buildings and require conformance to standards of
 7  prevention and safety and of uses of premises as
 8  promulgated by the Uniform Fire Code, Uniform Building Code
 9  and Uniform Mechanical Code according to nationally
10  recognized fire safety standards;

11 

12              (iii)  Deputize a member of a fire or building
13  department who is approved by the administrator or chief of
14  his department and is qualified to inspect, investigate and
15  carry out orders for the state fire marshal under the rules
16  adopted by the council;

17 

18         35-9-108.  Plan review; procedure; fees.

19 

20         (a)  Prior to beginning work, the owner shall submit
21  to the state fire marshal and the state fire marshal shall
22  review for fire and electrical safety considerations and
23  efficient energy usage all plans for construction or
24  remodeling, if the cost of remodeling exceeds twenty-five

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 1  percent (25%) of the market value of the structure or five
 2  thousand dollars ($5,000.00), whichever is less, of:

 3 

 4         (c)  Plans which are disapproved may shall be
 5  corrected and resubmitted. The state fire marshal shall
 6  review only the corrections made in response to the
 7  violations cited in the initial review. If the state fire
 8  marshal does not notify the sender in writing of violations
 9  of the fire and electrical safety standards within ten (10)
10  working days of receiving the corrected plans, they are
11  approved as resubmitted.

12 

13         (d)  The department shall collect fees for plan reviews
14  and other inspections in the amount provided in the most
15  current building code adopted by rule or regulation by the
16  council. Fees shall be established in accordance with W.S.
17  33-1-201. Fees collected under this subsection shall be
18  deposited into the general fund.

19 

20         (f)  Prior to occupancy the state fire marshal may
21  shall inspect a building to determine conformance with the
22  requirements of the plan review and all applicable safety
23  codes. When conformance has been achieved, a "certificate
24  of occupancy" or "letter of compliance" shall be issued.

 

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 1 

 2         (g)  No person shall be denied a permit or certificate
 3  of occupancy for any new building if the building is under
 4  construction or constructed in accordance with plans
 5  approved under this section. If a violation is found by the
 6  department, the department shall notify the owner at the
 7  time the permit or certificate of occupancy is issued. A
 8  person may be required to correct violations discovered
 9  after final plan review approval only if the violation
10  could not reasonably have been discovered by reviewing the
11  plans.

12 

13         35-9-109.  Investigation of fires; notification to
14  fire marshal; powers of fire marshal.

15 

16         (a)  Upon notification of a fire, the county fire
17  warden or chief of the fire department of a city, town or
18  fire district shall investigate the cause, origin and
19  circumstances of each fire occurring in the city, town or
20  district by which property has been destroyed or damaged.
21  in excess of five hundred dollars ($500.00). The
22  investigation shall be commenced within two (2) days. The
23  state fire marshal may direct the investigation.

24 

 

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 1         35-9-121.  Local enforcement.

 2 

 3         (a)  The state fire marshal shall delegate complete
 4  authority to municipalities and counties which apply to
 5  enforce and interpret local or state fire, energy
 6  efficiency, building or electrical safety standards. The
 7  state fire marshal shall notify the governing body of the
 8  municipality or county of the minimum standards and
 9  requirements of this act, and W.S. 16-6-501 and 16-6-502
10  and any applicable federal law including the Americans with
11  Disabilities Act, 42 U.S.C. §§ 12131 et seq. and transfer
12  jurisdiction and authority by letter. Nothing in this
13  section affects the authority of the state fire marshal or
14  chief electrical inspector regarding state owned or leased
15  buildings.

16 

17         (c)  A municipality or county which has enforcement
18  authority under this section may create its own appeals
19  boards to determine the suitability of alternate materials
20  and types of construction. The boards shall be appointed
21  and removed by the governing body of the municipality or
22  county. The council on fire prevention, and electrical
23  safety and energy efficiency in buildings and the
24  electrical board shall serve as appeals boards for a

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 1  municipality or county that has not created an appeals
 2  board under this subsection.

 3 

 4         36-8-1002.  Transfer of lands; park administration by
 5  recreation commission; site administration by archives,
 6  museums and historical department; lease and contract
 7  agreements.

 8 

 9         (e)  Notwithstanding W.S. 35-9-121, for the purposes
10  of contested cases involving fire prevention or electrical
11  safety issues, decisions by the city of Laramie are subject
12  to review and final administrative action by the state
13  council on fire prevention, and electrical safety and
14  energy efficiency under the Wyoming Administrative
15  Procedure Act. Decisions of the council are subject to
16  judicial review under the Wyoming Administrative Procedure
17  Act.

18 

19         Section 2.  W.S. 35-9-106(a)(ii) is repealed.

20 

21         Section 3.  This act is effective July 1, 2001.

22 

23                         (END)

 

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