HB0229 - Fire safety code amendments.
|
2001 |
State of Wyoming |
01LSO-0401 |
HOUSE BILL NO. HB0229
Fire safety code amendments.
Sponsored by: Representative(s) Luthi
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; and providing for an effective
5
date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section
1. W.S.
35-9-106(a)(i)(intro) and (ii),
10 35-9-107(b)(ii) and (iii), 35-9-108(a)(intro),
(c), (d) and
11 (f), 35-9-109(a) and 35-9-121(a) are
amended to read:
12
13 35-9-106. Powers and duties of council.
14
15 (a) The council shall adopt rules and regulations to:
16
Page 1
1 (i) Establish
minimum fire standards not
2
exceeding the nationally recognized standards prescribed by
the Uniform Fire Code, the Uniform Building Code and the
Uniform Mechanical Code for:
5
6 (ii) Recommend
minimum standards for the
7 conservation
of energy in new residential and public
8
buildings;. The standards shall result in energy savings
equal to those achievable under the American Society of
Heating,
Refrigerating and Air Conditioning Engineers, Inc.
Standard 90-75
or Chapter 53 of the Uniform Building Code;
12
13 35-9-107. Duties and powers of state fire marshal.
14
15 (b) The state fire marshal may:
16
17 (ii) Inspect
public, business or industrial
18 buildings and require conformance to
standards of
19 prevention and safety and of uses of
premises as
promulgated by
the Uniform Fire Code, Uniform Building Code
and Uniform
Mechanical Code according to nationally
22 recognized fire
safety standards;
23
Page 2
1 (iii) Deputize a
member of a fire or building
2
department who is approved by the administrator
or chief of
3 his
department and is qualified to inspect, investigate and
4
carry out orders for the state fire marshal under the rules
5
adopted by the council;
6
7 35-9-108. Plan review; procedure; fees.
8
9 (a) Prior to
beginning work, the owner shall submit
10 to the state fire marshal and the state fire
marshal shall
11 review for fire and electrical safety
considerations and
12 efficient energy usage all plans for
construction or
13 remodeling, if
the cost of remodeling exceeds twenty-five
percent (25%) of
the market value of the structure or five
thousand dollars
($5,000.00), whichever is less, of:
16
17 (c) Plans which
are disapproved may shall be
18 corrected and resubmitted. The state fire
marshal shall
19 review only the corrections made in response
to the
20 violations cited in the initial review. If
the state fire
21 marshal does not notify the sender in writing
of violations
22 of the fire and electrical safety standards
within ten (10)
23 working days of receiving the corrected
plans, they are
24 approved as resubmitted.
Page 3
1
2 (d) The
department shall collect fees for plan reviews
3 and
other inspections in the amount provided in the
most
current building code adopted by rule or
regulation by the
5 council.
Fees shall be established in accordance with W.S.
6 33-1-201. Fees collected under this subsection
shall be
7 deposited
into the general fund.
8
9 (f) Prior to
occupancy the state fire marshal may
11 requirements of the plan review and all applicable safety
12 codes.
When conformance has been achieved, a
"certificate
13 of
occupancy" or "letter of compliance" shall be issued.
14
15 35-9-109. Investigation of fires;
notification to
16 fire marshal; powers of fire marshal.
17
18 (a) The county
fire warden or chief of the fire
19 department of a city, town or fire district
shall
20 investigate the cause, origin and
circumstances of each
21 fire occurring in the city, town or district
by which
22 property has been destroyed or damaged. in excess of five
hundred dollars
($500.00). The investigation shall be
Page 4
1 commenced within two (2) days. The state fire marshal may
direct the investigation.
3
4 35-9-121. Local enforcement.
5
6 (a) The state
fire marshal shall delegate complete
7 authority
to municipalities and counties which apply to
8
enforce and interpret local or state fire, energy
9
efficiency, building or electrical safety standards. The
10 state fire marshal shall notify the
governing body of the
11 municipality or county of the minimum
standards and
12 requirements of this act, and W.S.
16-6-501 and 16-6-502
13 and any
applicable federal law including the Americans with
14 Disabilities Act,
42 U.S.C. §§ 12131 et seq. and transfer
15 jurisdiction and authority by letter.
Nothing in this
16 section affects the authority of the state
fire marshal or
17 chief electrical inspector regarding state
owned or leased
18 buildings.
19
20 Section 2. W.S. 35-9-108(g) is repealed.
21
22 Section 3. This act is effective July 1, 2001.
23
24 (END)
Page 5