Chapter 9 - Fire Protection
CHAPTER 9 - FIRE PROTECTION
ARTICLE 1 - DEPARTMENT OF FIRE PREVENTION AND ELECTRICALSAFETY
35-9-101. Department created.
Thedepartment of fire prevention and electrical safety is created.
35-9-102. Definitions.
(a) As used in W.S. 35-9-101 through 35-9-130:
(i) "Apprentice electrician" means a person who hasinsufficient qualifications to be a journeyman electrician and is hired by alicensed electrical contractor to assist a licensed journeyman or masterelectrician. An apprentice electrician must be registered with the departmentof fire prevention and electrical safety and must be enrolled in a bona fideprogram of training approved by the bureau of apprenticeship and training,United States department of labor, or present evidence directly to thedepartment that he is enrolled in an apprentice training program which providestraining equivalent to a program approved by the bureau of apprenticeship andtraining, United States department of labor;
(ii) "Apprentice technician" means a person who hasinsufficient qualifications to be a low voltage or a limited technician and ishired by a licensed electrical contractor, low voltage contractor, or limitedcontractor to assist a licensed low voltage or limited technician. Anapprentice technician must be registered with the department of fire preventionand electrical safety and must be enrolled in a training program as approved bythe department;
(iii) "Board" means the electrical board;
(iv) "Council" means the council on fire preventionand electrical safety in buildings;
(v) "Department" means the department of fireprevention and electrical safety;
(vi) "Electrical contractor" means a person licensedby the department to contract with another to plan, lay out and supervise theinstallation of electric equipment. "Electrical contractor" excludesa person who only plans or designs electrical installations;
(vii) "Full-time paid fire fighters" means anindividual regularly employed for devoting his entire time of employment to thecare, operation and requirements of a regularly constituted fire department;
(viii) "Installation of electric equipment" includesinstalling, altering and repairing the wiring of apparatus equipment andconductors subject to the National Electrical Code;
(ix) "Journeyman electrician" means a person licensedby the department who has four (4) years experience in the electrical wiringindustry and technical knowledge to install and supervise the installation ofelectrical equipment for any purpose in accordance with the National ElectricalCode and city, county and state ordinances and regulations;
(x) "Limited electrical contractor" means a person,licensed by the department to contract with another to plan, lay out andsupervise the installation of electrical equipment associated with the type oflimited electrical contractor license held. "Limited electricalcontractor" excludes a person who only plans or designs electricalinstallations;
(xi) "Limited technician" means a person licensed bythe department who has two (2) years experience in the portion of theelectrical wiring industry covered by his limited license and technical knowledgeto install and supervise the installation of electrical equipment associatedwith the type of limited electrical license held in accordance with theNational Electrical Code and city, county and state ordinances and regulations;
(xii) "Low voltage electrical contractor" means aperson licensed by the department to contract with another to plan, lay out andsupervise the installation of electrical equipment associated with the type oflimited electrical contractor license held. "Low voltage electricalcontractor" excludes a person who only plans or designs electricalinstallations;
(xiii) "Low voltage technician" means a person licensedby the department who has two (2) years experience in the portion of theelectrical wiring industry covered by his low voltage license and technicalknowledge to install and supervise the installation of electrical equipmentassociated with the type of low voltage electrical license held in accordancewith the National Electrical Code and city, county and state ordinances andregulations;
(xiv) "Master electrician" means a person licensed bythe department who has eight (8) years experience in the electrical wiringindustry and technical knowledge to plan, lay out and supervise theinstallation of electric equipment in accordance with the National ElectricalCode and city, county and state ordinances and regulations;
(xv) "Master electrician of record" means a Wyominglicensed master electrician who is actively employed by a licensed electricalcontractor in a full-time capacity, and who assumes responsibility to ensurethat the National Electrical Code, W.S. 35-9-120 through 35-9-130 andapplicable rules of the department of fire prevention and electrical safety areadhered to on all electrical work undertaken by the electrical contractor inthe state of Wyoming, and who is not the master electrician of record for, oremployed by, any other electrical contractor;
(xvi) "Owner" means the person holding legal title to abuilding or real property;
(xvii) "Public building" means a building intended foraccess by the general public;
(xviii) "Remodeling" includes repairing, altering oradding to a building or its electrical system;
(xix) "Technician of record" means a Wyoming licensedlow voltage or limited technician who is actively employed by a licensed lowvoltage or limited electrical contractor in a full-time capacity, and whoassumes responsibility to ensure that the National Electrical Code, W.S.35-9-120 through 35-9-130 and applicable rules of the department of fireprevention and electrical safety are adhered to on all low voltage or limitedelectrical work undertaken by the low voltage or limited electrical contractorin the state of Wyoming, and who is not the technician of record for, or employedby, any other low voltage or limited electrical contractor.
35-9-103. Divisions created; council and board created.
(a) There are created within the department:
(i) The division of fire prevention;
(ii) The division of electrical safety;
(iii) The council on fire prevention and electrical safety inbuildings;
(iv) The electrical board.
(b) The council consists of five (5) members appointed by thegovernor for six (6) year terms which commence on April 1 followingappointment. One (1) member shall be appointed to represent each of thefollowing: counties or municipalities, fire fighters, the electrical board, anassociation of architects or an association of general contractors and thegeneral public. Vacancies shall be filled for the unexpired term. When newappointments are made, the council shall select a chairman, a vice chairman anda secretary. A quorum consists of three (3) members. The council shall meet atleast twice each year.
(c) The board consists of five (5) members appointed by thegovernor for six (6) year terms. At least one (1) member and no more than two(2) members shall be journeymen electricians, at least one (1) and no more thantwo (2) shall be master electricians, and at least one (1) and no more than two(2) shall be electrical contractors. No two (2) members shall be employed bythe same entity and serve on the board. Any member who becomes employed by thesame entity as another member during his term of office shall be ineligible tocontinue as a member of the board. Vacancies shall be filled for the unexpiredterm. When new appointments are made, the board shall select a chairman, avice chairman and a secretary. A quorum consists of three (3) members. Theboard shall meet at least twice each year.
(d) The members of the council and board shall receivecompensation, per diem and travel expenses in the same manner and amount as thestate legislature while going to, attending or returning from meetings. Thegovernor may remove any council or board member as provided in W.S. 9-1-202.
35-9-104. State fire marshal; qualifications.
(a) After consultation with the council, the governor shallappoint a state fire marshal who shall be the director of the department andshall have theoretical knowledge and practical and managerial skill andexperience which fits him for the position, as determined by the governor.
(b) Repealed by Laws 1987, ch. 185, 2.
35-9-105. Division administrators; qualifications.
(a) After consultation with the council and the governor, thestate fire marshal shall appoint:
(i) The chief deputy fire marshal, who is the administrator ofthe fire prevention division. His qualifications shall be the same as the statefire marshal;
(ii) The chief electrical inspector who is the administrator ofthe electrical safety division. He shall be a master electrician and anelectrical inspector certified by the International Code Council or theInternational Association of Electrical Inspectors.
(b) The chief deputy fire marshal and the chief electricalinspector shall devote full time to the duties of the office and shall bedirectly responsible to the state fire marshal.
35-9-106. Powers and duties of council.
(a) The council shall adopt rules and regulations to:
(i) Establish minimum fire standards not exceeding thestandards prescribed by the International Fire Code, the International BuildingCode, the International Mechanical Code, the International Existing BuildingCode and the International Fuel Gas Code for:
(A) All new building construction or remodeling under W.S.35-9-108(a);
(B) The prevention of fire and the protection of life andproperty from fire and panic in all existing buildings;
(C) The safeguarding of life and property from hazards of fireand explosion arising from storage, handling and use of hazardous substances,materials and devices.
(ii) Repealed by Laws 2003, Ch. 49, 3.
(iii) Repealed By Laws 2010, Ch. 84, 3.
(iv) Implement this section.
(b) The council shall have access to records of the divisionsand may require written or oral information from any officer or employee of thedepartment when conducting investigations pursuant to W.S. 35-9-108(p) and35-9-117.
(c) Except as provided under W.S. 35-9-124(a)(ii), the councilshall hear appeals to determine the suitability of alternate materials and typeof construction and to interpret and grant variances from rules and regulationsof the council.
(d) The standards for liquefied petroleum gas installationsshall be the current edition of NFPA 58 Liquefied Petroleum Gas Code and ANSIZ223.1/NFPA 54 National Fuel Gas Code. To the extent the standards forliquefied petroleum gas conflict with the standards prescribed by theInternational Fuel Gas Code, the NFPA 58 Liquefied Petroleum Gas Code and ANSIZ223.1/NFPA 54 National Fuel Gas Code control.
(e) Repealed By Laws 2010, Ch. 84, 3.
35-9-107. Duties and powers of state fire marshal.
(a) The state fire marshal shall:
(i) Establish administrative policy for the department;
(ii) Adopt regulations in consultation with the board andcouncil to implement this article, excluding the provisions of W.S. 35-9-106and 35-9-124;
(iii) Implement fire safety programs designed to minimize firehazards and disasters and loss of life and property from these causes. Theseprograms shall include:
(A) Establishment and enforcement of fire safety and safetypractices throughout the state;
(B) Preventive inspection and corrective activities;
(C) Coordination of fire safety programs with volunteer andpaid fire companies and other state agencies and political subdivisions;
(D) Critical analysis and evaluation of fire loss statistics todetermine problems and solutions;
(E) Coordination, development and implementation of trainingprograms designed to assist fire fighters in all phases of fire prevention andsuppression activities except the wild land and forestry division fire controlprograms implemented by the state forester; and
(F) Acceptance testing on fire alarm systems, fire sprinklersystems and kitchen hood and duct suppression systems.
(iv) Inspect each state owned building not under the authorityof a local governmental entity pursuant to W.S. 35-9-121(b) and requireconformance to the minimum standards of fire prevention, fire protection andpublic safety;
(v) Inspect facilities or installations upon request by theowner. The department may charge reasonable fees not exceeding the cost of theinspection;
(vi) Upon request, assist the chief of a fire company ordepartment, a fire marshal, a local building inspector, other state agencies orpolitical subdivisions of the state or county fire wardens in fire preventionmatters; and
(vii) Keep a record of all fires which occur in the state,including the origin, facts, statistics and circumstances of the firedetermined by investigation under this act. The record, except for testimonygiven in the examination, shall be open for public inspection at all times.
(b) The state fire marshal may:
(i) Enforce state laws not otherwise enforceable by anotherstate agency concerning:
(A) The prevention of fire;
(B) The storage, sale and use of an explosive, combustible orother dangerous article in solid, liquid or gas form;
(C) Repealed By Laws 2003, Ch. 49, 3.
(D) The suppression of arson and investigation of fire andexplosions.
(ii) Inspect public, business or industrial buildings andrequire conformance to standards of prevention and safety and of uses ofpremises as promulgated by the International Fire Code, the InternationalBuilding Code, the International Mechanical Code and the International Fuel GasCode;
(iii) Deputize a member of a fire department who is approved bythe chief of his department, or a local building inspector approved by thelocal governmental entity, provided that the person is qualified to inspect,investigate and carry out orders for the state fire marshal under the rulesadopted by the department;
(iv) Employ personnel and contract with appropriate personnel asnecessary for the efficient performance of assigned duties.
(c) The state fire marshal shall not interfere with the hookupof a utility to a new or remodeled building either during construction or afterconstruction is completed, unless the state fire marshal determines that thehookup of a utility poses immediate danger to life or property.
35-9-108. Plan review; procedure; fees.
(a) Prior to beginning any new construction, the remodeling ofexisting buildings except as provided under subsection (q) of this section, orthe installation of aboveground flammable or combustible fuel storage tanks,the owner or the owner's designated representative shall submit plans to thestate fire marshal for review of the proposed project for compliance withapplicable fire and electrical safety standards for:
(i) Buildings or structures owned or leased by the state orlocal governmental entities;
(ii) Public buildings over five thousand (5,000) square feet oftotal floor area including basement;
(iii) Multistory public buildings;
(iv) Buildings intended for use as child care centers housingmore than ten (10) children;
(v) Public bars, public lounges, restaurants, night clubs,lodge halls, theaters, churches or public meeting places regardless of size;
(vi) Public and private aboveground fuel dispensing facilities.
(b) If the state fire marshal does not notify the sender inwriting of violations of the fire or electrical safety standards withintwenty-one (21) working days of receiving the plans, they are approved assubmitted. If code deficiencies are discovered through inspection by the firemarshal during the construction or remodeling of buildings, the plan and planreview shall be amended to bring the building into compliance with applicablecodes.
(c) Plans which are disapproved may be corrected andresubmitted. The state fire marshal shall review only the corrections made inresponse to the violations cited in the initial review. If the state firemarshal does not notify the sender in writing of violations of the fire andelectrical safety standards within ten (10) working days of receiving thecorrected plans, they are approved as resubmitted.
(d) The department shall collect fees for plan reviews andother inspections except as provided in subsections (q) and (r) of thissection, in the amount provided in the 1997 Uniform Building Code and adjustedfor inflation as adopted by rule or regulation by the department. Feescollected under this subsection shall be deposited into the general fund.
(e) For publicly owned buildings other than school buildings,the department may charge fees not in excess of fees authorized under W.S. 35-9-108(d)to any entity for which it performs any plan inspection or review.
(f) Repealed By Laws 2003, Ch. 49, 3.
(g) Repealed By Laws 2003, Ch. 49, 3.
(h) Nothing in this section shall apply to municipalities orcounties which have received enforcement authority for fire safety standardsunder W.S. 35-9-121.
(j) No new construction or remodeling of buildings orinstallation of aboveground flammable or combustible fuel storage tanks shallbegin until the state fire marshal has approved the plans for compliance withapplicable fire and electrical safety standards.
(k) If new construction or remodeling of buildings orinstallation of aboveground flammable or combustible fuel storage tanks iscommenced without approved plans, the state fire marshal may order theconstruction, remodeling or installation to cease until plans are approved,subject to the requirements of subsection (m) of this section.
(m) Orders issued by the state fire marshal pursuant to thissection shall be served upon the owner in the manner provided for service ofprocess by the Wyoming Rules of Civil Procedure. The order shall require thatthe person served immediately cease certain activities until he has compliedwith the applicable statutory requirements. The order shall be in full forceand effect from the time of service until the person complies with thestatutory requirement as described in the order, or the order is revoked by thecouncil. If the person fails to cease certain activities as required withinforty-eight (48) hours of service, the person is guilty of a misdemeanor.
(n) After new construction or remodeling of buildings iscompleted, the state fire marshal shall inspect the building and determineconformance with the plan review or amended plan review. If he findsconformance, the state fire marshal shall issue a certificate of occupancy fora newly constructed building and a letter of compliance for a remodeledbuilding. No newly constructed or remodeled building shall be used or occupieduntil the state fire marshal has issued a certificate of occupancy or letter ofcompliance. If a newly constructed or remodeled building is used or occupiedprior to the issuance of a certificate of occupancy or letter of compliance,the state fire marshal shall order the use and occupancy of the building tocease until a certificate of occupancy or letter of compliance is issued,subject to the requirements of subsection (m) of this section.
(o) After the installation of aboveground flammable orcombustible fuel storage tanks is completed, the state fire marshal shallinspect the premises and determine conformance with the plan review. If hefinds conformance, the state fire marshal shall issue a letter of compliance. No premises with aboveground flammable or combustible fuel storage tanksinstalled shall be used until the state fire marshal has issued a letter ofcompliance. If a premise with aboveground flammable or combustible fuelstorage tanks installed is used prior to issuance of a letter of compliance,the state fire marshal shall order the use of the premises to cease until aletter of compliance is issued, subject to the requirements of subsection (m)of this section.
(p) Any owner aggrieved by an order of the state fire marshalmay appeal to the council within forty-eight (48) hours. The complaint shall beinvestigated immediately by direction of the council. Unless the order isrevoked by the council, it shall remain in force and the owner shall comply.
(q) A plan review is:
(i) Not required for remodeling that is exempt from permittingunder the International Code;
(ii) Required for remodeling that costs less than forty thousanddollars ($40,000.00) and affects a built-in fire protection system for thebuilding, provided a fee of no more than fifty dollars ($50.00) per hour shallbe paid to the department for the review;
(iii) Required for remodeling that costs forty thousand dollars($40,000.00) or more, provided the department shall collect a fee pursuant tosubsection (d) of this section.
(r) There shall be no inspection fees for school buildings.
(s) Plan reviews may be submitted in phases so that work maybegin on the first phase of a project upon approval of the plans for thatphase. Subsequent work may begin on each successive phase as plans areapproved for each successive phase. Plans for fire alarm systems and firesprinkler systems shall be submitted as successive phase plans after theinitial plans are approved.
(t) Subsections (a) through (s) shall not apply to remodelingthat is exempt under subsection (q).
35-9-109. Investigation of fires; notification to fire marshal; powersof fire marshal.
(a) The county fire warden or chief of the fire department of acity, town, county or fire district shall investigate the cause, origin andcircumstances of each fire occurring in the city, town, county or district thatwas reported or subject to emergency response, by which property has beendestroyed or damaged.
(b) The officer investigating a fire shall notify the statefire marshal and within one (1) week of the fire shall furnish him a written statementof all facts relating to its cause and origin, and other information requiredby forms provided by the state fire marshal.
(c) The state fire marshal may investigate the origin orcircumstances of any fire or explosion or any attempt to cause a fire orexplosion.
(d) In performing the duties imposed by this act, the statefire marshal may:
(i) Enter and examine any building or premises where any firesor attempt to cause fires occurred;
(ii) Enter any building adjacent to that in which a fire orattempt to cause a fire occurred; and
(iii) Take full control and custody of the buildings and premisesuntil his examination and investigations are completed.
35-9-110. Investigation of fires; testimony; subpoena; arrest.
(a) The state fire marshal may take testimony under oath andcause the testimony to be reduced to writing.
(b) When the examination discloses that a fire or explosion wasof incendiary origin, the state fire marshal may arrest the supposed incendiaryor cause him to be arrested and charged with the crime. The state fire marshalshall transmit a copy of the testimony to the district attorney for the countywhere the fire, explosion or attempt occurred.
(c) The state fire marshal may:
(i) Subpoena witnesses and compel their attendance before him;
(ii) Cause to be produced papers he requires in theexamination; and
(iii) Administer oaths and affirmations to persons appearing aswitnesses before him.
35-9-111. Certain structures declared nuisance; repair or demolition;procedure.
(a) A building or structure is a public nuisance if it isespecially liable to fire and endangers people, buildings or property in thevicinity. If the state fire marshal, county fire warden, or the chief of afire department or district finds that a building or structure is especiallyliable to fire and endangers people, buildings or property in the vicinity, theofficer shall order the structure to be repaired, torn down or demolished, allmaterials removed and all dangerous conditions remedied.
(b) The order shall be in writing, state the grounds and befiled in the office of the clerk of the district court of the county in whichthe building or structure is situated. A copy of the order shall be served inaccordance with the Wyoming Rules of Civil Procedure upon the owner and anyoccupants of the building or structure with a written notice that the order hasbeen filed and will be put in force unless the owner or occupant files hisobjections or answer with the clerk of the district court within the timespecified in W.S. 35-9-112. A copy of the order shall be posted in aconspicuous place upon the building or structure.
35-9-112. Certain structures declared nuisance; answer to notice ororder.
Withintwenty (20) days of service of an order under W.S. 35-9-111(b) the owner oroccupant may file with the clerk of the district court and serve upon thecouncil an answer denying the existence of any of the allegations in the order.If no answer is filed and served, the court shall affirm the order ofcondemnation and fix a time in which the order shall be enforced. If an answeris filed and served, the court shall hear and determine the issues raised asprovided in W.S. 35-9-113.
35-9-113. Certain structures declared nuisance; hearing.
Uponapplication of the state fire marshal, county fire warden or the chief of afire department or district, the court shall order a hearing within twenty (20)days from the date of the filing of the answer. If the court sustains theorder, the court shall fix a time within which the order shall be enforced.Otherwise the court shall annul or set aside the order of condemnation.
35-9-114. Certain structures declared nuisance; appeal.
Anappeal from the judgment of the district court may be taken by the owner oroccupant in accordance with the Wyoming Rules of Appellate Procedure.
35-9-115. Certain structures declared nuisance; sale of materials;expenses constitute lien; disposition of proceeds.
Ifthe owner or occupant fails to comply with an order of condemnation within thetime fixed by the court, the state fire marshal, county fire warden or thechief of a fire department or district shall alter, repair or demolish thebuilding or structure in accordance with the order. If a building or structureis demolished in accordance with the order, the state fire marshal, county firewarden or the chief of a fire department or district may dispose of thesalvaged materials at public auction upon five (5) days posted notice. He shallkeep an accurate account of the expenses incurred in carrying out the order. Heshall report his action and present a statement of the expenses incurred by himand the amount received from any salvage sale to the court for approval andallowance. The court shall examine, correct if necessary and allow the expenseaccount. The amount allowed constitutes a lien against the real estate on whichthe building or structure is or was situated and if the amount is not paid bythe owner or occupant within six (6) months after the amount has been examinedand approved by the court, the real estate shall be sold under court order bythe county sheriff in the manner provided by law for the sale of real estateupon execution. The proceeds of the sale shall be paid into the state treasury.If the amount received as salvage or on sale exceeds the expense incurred bythe state fire marshal, county fire warden or the chief of the fire departmentor district, the court shall direct the payment of the surplus to the previousowner for his use and benefit.
35-9-116. Removal of combustible material; remedy of flammableconditions.
Ifthe state fire marshal, county fire warden or the chief of a fire department ordistrict finds combustible materials or flammable conditions or fire hazards ina building or on premises subject to an inspection and the materials orconditions are dangerous to the safety of the buildings, premises or public,the officer shall order the materials to be removed or conditions remedied. Theorder shall be in writing and shall be served upon the owner, lessee, agent oroccupant. A person who is served and fails to comply within twenty-four (24)hours after service, unless the order prescribes a longer time, is guilty of amisdemeanor. The material may be removed or the condition corrected at theexpense of any person served. The state fire marshal, county fire warden orthe chief of a fire department or district may maintain actions for therecovery of the expenses. In the event of a hazard of immediate lifethreatening severity, the state fire marshal, county fire warden or the chiefof a fire department or district may order evacuation of a building or area andmay implement emergency measures to protect life and property and to remove thehazard.
35-9-117. Removal of combustible material; appeal to council.
Anowner or occupant aggrieved by an order of an officer under W.S. 35-9-116 mayappeal to the council within forty-eight (48) hours. The cause of the complaintshall be investigated immediately by direction of the council. Unless the orderis revoked by the council, it shall remain in force and the owner or occupantshall comply.
35-9-118. Exceptions.
(a) W.S. 35-9-106 through 35-9-117 do not apply to:
(i) Farms or ranches of forty (40) acres or more on deededland;
(ii) County memorial hospitals, state-owned health careinstitutions, hospital districts, private hospitals and other health carefacilities, except as permitted pursuant to W.S. 35-9-121.1;
(iii) Mines or their appurtenant facilities, oil fieldoperations, petroleum refineries and liquefied petroleum gas facilities;
(iv) Railway shops, railway buildings (except those used forpublic assembly, cafeterias, dormitories, etc.), rolling stock and locomotiveequipment;
(v) Automotive equipment employed by a railway, gas, electricor communication utility in the exercise of its function as a public utility.
(b) Nothing in this section prohibits the state fire marshalfrom assisting, upon request, another state agency, or an owner or operator ofproperty listed in subsection (a) of this section.
35-9-119. Duties of chief electrical inspector.
(a) The chief electrical inspector shall:
(i) Enforce the minimum requirements for electrical installationsexcept in localities which have received enforcement authority for electricalsafety standards under W.S. 35-9-121;
(ii) Aid cities, towns, counties and inspectors in understandingthe National Electrical Code;
(iii) Distribute copies of the National Electrical Code at cost;
(iv) Interpret the National Electrical Code; and
(v) Supervise deputy electrical inspectors.
(b) The chief electrical inspector may investigateelectrocution incidents that occur in the state pursuant to W.S. 35-9-131.
(c) Upon receipt from the department of family services of acertified copy of an order from a court to withhold, suspend or otherwiserestrict a license issued by the chief electrical inspector, the chiefelectrical inspector shall notify the party named in the court order of thewithholding, suspension or restriction of the license in accordance with theterms of the court order.
35-9-120. Minimum requirements for electrical installations; permits;inspections; fees.
(a) The installation of electric equipment in or on buildings,mobile homes and premises shall be made subject to the applicable minimumrequirements of the National Electrical Code. To the extent that any provisionin the International Fire Code, the International Building Code, theInternational Mechanical Code, the International Existing Building Code and theInternational Fuel Gas Code conflicts with the standards prescribed by theNational Electrical Code, the National Electrical Code shall control.
(b) The chief electrical inspector and his deputies:
(i) Have the right of ingress or egress to all buildings orother structures owned or leased by the state or local governmental entitiesduring reasonable working hours to make electrical inspections;
(ii) May inspect any building or structure:
(A) With a search warrant issued by a district court after afinding of probable cause that there is a violation of state law regardingelectrical installations; or
(B) At any time during construction and within thirty (30) daysafter completion of the installation for which an electrical wiring permit wasissued or an electrical plan review was performed.
(iii) Shall inspect any building or structure within five (5)business days of the request of the owner or the general or electricalcontractor installing the electrical equipment.
(c) For any requested electrical inspection conducted orelectrical wiring permit issued by the chief electrical inspector or hisdeputy, a fee established by the department by rule shall be paid by the personor contractor making the request. The electrical wiring permit fee shall bewaived for anyone requesting and paying for an electrical inspection. The feesestablished by the department shall not exceed the following:
(i) Electrical inspection fees for requested inspections:
(A) Each residential unit-------------------- $20.00
plus $.50 per ampere rating of the electrical service;
(B) Mobile home services--------------------- $20.00
plus $.50 per ampere rating of mobile home;
(C) Temporary services-------------------------- ..$40.00 each;
(D) Remodels of residential units----------- $20.00
plus 2% of the value of any electrical installation included in the remodel;
(E) All other electrical installations
------------------------------------------------------ $20.00
plus $.50 per ampere rating of the electrical service;
(F) Reinspections---------------------------- $50.00
plus $.20 per ampere rating of the electrical service.
(ii) Electrical wiring permit fees. $50.00
(d) Inspection fees pursuant to paragraph (c)(i) of thissection shall be charged for requested inspections made on installations thatare not under new construction or remodeling.
(e) No person shall install electrical equipment in newconstruction or remodeling, if the remodeling requires a public utility toconnect or disconnect and restore electrical power, of a building, mobile homeor premises without obtaining an electrical wiring permit. No public utilityshall energize an electrical service for an electrical installation whichrequires an electrical wiring permit until the person responsible for theelectrical installation has obtained an electrical wiring permit. A utility mayenergize an electrical service in an emergency situation without proof that anelectrical wiring permit has been obtained, however the utility shall notifythe department of the action as soon as possible, but in no case later thanfive (5) days following the date that the electrical service was energized.Electrical wiring permits shall be issued by the chief electrical inspectorupon request. Each permit shall explain procedures and costs for permits andrequested inspections conducted by the chief electrical inspector or his deputyelectrical inspectors. This subsection does not apply to municipalities andcounties granted local enforcement authority for electrical safety standardsunder W.S. 35-9-121 and to exempt installations under W.S. 35-9-123(a)(ii)through (v).
(f) Sixty percent (60%) of the fees collected pursuant tosubsection (c) of this section shall be deposited in a separate account for thepurpose of providing additional state electrical inspectors. Forty percent(40%) of the fees collected pursuant to subsection (c) of this section shall bedeposited in the general fund.
35-9-121. Local enforcement.
(a) The state fire marshal shall delegate complete authority tomunicipalities and counties which apply to enforce and interpret local or statefire, building, existing building standards or electrical safety standardswhich meet the requirements of this section. The state fire marshal shallnotify the governing body of the municipality or county of the minimumstandards and requirements of this act and W.S. 16-6-501 and 16-6-502 andtransfer jurisdiction and authority by letter. Nothing in this section affectsthe authority of the state fire marshal or chief electrical inspector regardingstate owned or leased buildings. Local enforcement authority under thissubsection shall be subject to the following requirements and certification ofinspectors:
(i) Before a municipality or county without local enforcementauthority is initially granted local enforcement authority for fire, building,existing building standards or electrical standards the state fire marshalshall determine that the local governing body has adopted minimum standards byordinance or resolution that are equivalent to or more stringent than thoseapplicable standards adopted by the department;
(ii) If a municipality or county that has been granted localenforcement authority under this subsection fails to adopt, within six (6)months following the adoption of new standards by the department, or maintainstandards by ordinance or resolution that at least meet the statewidestandards, enforcement authority shall immediately revert to the department. Itshall be the responsibility of the municipality or county to notify thedepartment of the repeal of minimum standards in their jurisdiction;
(iii) If code enforcement authority for fire and building codesis requested, certification of a fire inspector or building inspector by theInternational Code Council or the International Conference of BuildingOfficials is required for any inspector employed or contracted after July 1,2010 to enforce those codes for the municipality or county;
(iv) If code enforcement authority for the electrical code isrequested, certification of an electrical inspector by the International CodeCouncil or the International Association of Electrical Inspectors and licensingby the state as a journeyman or master electrician is required;
(v) If a municipality or county that has been granted localenforcement authority under this subsection fails to maintain employment of aninspector holding any certification required by this subsection, enforcementauthority shall revert to the department one hundred twenty (120) days afterthe last day the properly certified inspector has left the employment of themunicipality or county. It shall be the responsibility of the municipality orcounty to notify the department upon the termination of employment of anycertified inspector required by this subsection.
(b) Notwithstanding the provisions of subsection (a) of thissection a local governmental entity is authorized to assume joint plan reviewauthority with the state fire marshal, and that entity has sole constructioninspection authority on the approved plans, and sole authority for periodicfire and life safety inspections on state owned or leased buildings. For thepurpose of this section, school buildings shall be construed to be statebuildings. If local code provisions are more stringent than adopted statecodes, the local code prevails. The authority granted to local governmentalentities under this subsection is subject to certification of local inspectorsas follows:
(i) If joint plan review authority is requested, certificationof a plan reviewer by the international conference of building officials or theInternational Code Council;
(ii) If code enforcement authority for fire and building codesis requested, certification of a fire inspector or building inspector by theInternational Code Council or the International Conference of BuildingOfficials;
(iii) If code enforcement authority for the electrical code isrequested, certification of an electrical inspector by the International CodeCouncil or the International Association of Electrical Inspectors and licensingby the state as a master electrician.
(c) If a municipality or county has assumed enforcementauthority for only one (1) or two (2) of the fire, building and electricalstandards, the municipality or county shall deliver notice of any project planssubmitted to the municipality or county for approval to the department. Thenotice of the project shall be delivered within ten (10) days of receivingplans from the applicant.
(d) A municipality or county which has enforcement authorityunder this section shall create its own appeals boards to determine thesuitability of alternate materials and types of construction. The boards shallbe appointed and removed by the governing body of the municipality or county,but the person making the decision upon which the appeal is based shall not bea member of the appeal board.
(e) A decision rendered by the local municipal or countyappeals board pursuant to subsection (d) of this section may be appealed to thecouncil on fire prevention and electrical safety in buildings for a finaldecision. A decision of the council may be appealed to the appropriate districtcourt.
(f) Any appeal to a local board under subsection (d) of thissection or the council under subsection (e) of this section shall be heard withinthirty (30) days of the request for appeal.
35-9-121.1. Health care facilities; jurisdiction; delegation; rules.
(a) The department of health has jurisdiction over all aspectsof construction and remodeling, except electrical installation, of any statelicensed health care facility as defined in W.S. 35-2-901.
(b) The fire safety code requirements for the construction andremodeling of any state licensed health care facility shall meet the minimumrequirements established in the National Fire Protection Association 101 LifeSafety Code or any other code required to meet federal fire and life safetycertification. If any code requirements for federal certification conflictwith the code of any other state or local governmental entity, the code requiredfor federal certification shall prevail.
(c) The department of health shall promulgate rules andregulations for all aspects of construction and remodeling of health carefacilities except electrical installation. For aspects of construction andremodeling included in codes adopted by the council pursuant to W.S. 35-9-106,the rules and regulations shall be based on and not exceed the standards ofthese codes except where federal certification requirements dictate otherwise.
(d) Upon written request from any county or municipality, thedepartment of health shall delegate plan review and inspection responsibilitiesto the county or municipality that has personnel who are certified pursuant tothe applicable code. The department of health shall transfer jurisdiction andauthority by letter. The department of health shall notify the governing bodyof the municipality or county of the minimum standards and requirements underthis section and W.S. 16-6-501 and 16-6-502. The following shall apply:
(i) Any municipality or county may issue a certificate ofoccupancy for a health care facility. The certificate shall reference any codeapplied to the construction or remodeling of the facility;
(ii) A municipality or county which has enforcement authorityunder this subsection shall create its own appeals board to determine thesuitability of alternate materials and types of construction.
(e) After construction or remodeling of any health carefacility, the department of health shall have jurisdiction over the fire andlife safety inspections required for federal certification.
35-9-122. Chief electrical inspector responsible for licensing.
Thechief electrical inspector is responsible for licensing electrical contractors,master electricians, journeyman electricians, low voltage electricalcontractors, limited electrical contractors, low voltage technicians andlimited technicians and shall pass on the fitness and qualifications ofapplicants for licenses. Every applicant for a license under this chapter shallprovide his social security number to the chief electrical inspector.
35-9-123. Electrical installations to be performed by licensedelectricians; exceptions.
(a) Licensed electrical contractors employing licensed masteror journeymen electricians, or registered apprentice electricians supervised bya licensed master or journeyman electrician shall install all electricalequipment. This requirement is waived for the following, however the waiverdoes not exempt the following persons from meeting all other code requirementsunder this act:
(i) Property owned or leased by a person when the person, hispartner or a major stockholder of a family corporation is installing theequipment and the property is not for immediate resale;
(ii) Oil or gas field operations, including those operationsinvolving exploration, testing, drilling, production or transporting viapipeline of oil or gas, railroads, petroleum refineries, fertilizermanufacturing facilities, foundries, mines and their appurtenant facilities;
(iii) Liquefied petroleum, gas, electric or communicationfacilities exercising their function as public utilities;
(iv) Cable-TV, satellite-TV and telecommunications, includingdata and related services of cable-TV, satellite-TV and telecommunicationsproviders including its contractors and subcontractors provided suchcontractors and subcontractors are limited to the installation of low voltagecable, A.M. or F.M. radio stations, television stations, phone services,internet services, data services and related services;
(v) Farms or ranches of forty (40) acres or more on deededland;
(vi) Buildings constructed by a school or community collegedistrict as part of an industrial arts curriculum, under the direct supervisionof a qualified industrial arts instructor. The school or community collegedistrict shall have the installations inspected by the state electrical inspector'soffice or the local enforcement authority, whichever has jurisdiction, toensure compliance with W.S. 35-9-120;
(vii) Licensed low voltage electrical contractors employinglicensed low voltage technicians or registered low voltage apprenticetechnicians who may install electrical equipment which falls under the scope oftheir low voltage license or registration. No low voltage contractor may workon electrical systems which exceed ninety (90) volts unless allowed pursuant tothis subsection. The chief electrical inspector may issue a low voltageelectrical contractor's license to contractors not qualified for an electricalcontractor's license but qualified for their low voltage area of expertise forthe installation, repair or remodel of:
(A) All electrical systems under ninety (90) volts;
(B) Alarm systems under ninety (90) volts;
(C) Communication systems under ninety (90) volts or currentlimited communication systems of higher voltage;
(D) Sound systems under ninety (90) volts;
(E) Television systems under ninety (90) volts;
(F) Control systems under ninety (90) volts;
(G) Lawn sprinkler systems under ninety (90) volts.
(viii) Licensed limited electrical contractors employing licensedlimited technicians or registered limited apprentice technicians who mayinstall electrical equipment which falls under the scope of their limitedlicense or registration. The electrical work shall only include the electricalsystem on the load side of the disconnect which supplies power to theelectrical equipment that they are licensed to work on. The chief electricalinspector may issue a limited electrical contractor's license to a contractornot qualified for an electrical contractor's license but qualified in hislimited area of expertise for the:
(A) Installation, repair or remodel of heating, ventilating andair conditioning systems limited to wiring on the load side of the equipmentdisconnect;
(B) Installation, repair or remodel of elevator systems limitedto wiring on the load side of the equipment disconnect;
(C) Installation, repair or remodel of sign systems limited towiring on the load side of the equipment disconnect;
(D) Installation, repair or remodel of water well andirrigation systems limited to wiring on the load side of the equipmentdisconnect;
(E) Routine repair or maintenance of light fixtures limited toreplacement of lamps, ballasts and fixture parts.
(b) Exceptions shall not apply to anyone who contracts orsubcontracts to or for any exempt person, partnership or corporation.
35-9-124. Powers and duties of board; appeals.
(a) The board shall:
(i) Adopt rules and regulations to implement this section andto establish minimum standards for:
(A) Training requirements for all classes of electricians;
(B) Licensing requirements for all classes of electricians; and
(C) Reciprocal licenses for any journeyman electrician, masterelectrician, low voltage technician or limited technician license.
(ii) Regarding the installation of electrical equipment andelectrical safety standards, hear appeals to determine the suitability ofalternate materials and type of construction and to interpret and grantvariances from the National Electrical Code.
(b) Any applicant may appeal a decision of the chief electricalinspector to the board.
(c) The board may suspend or cancel the license of any licenseefor a repeated or serious violation of this act or the rules and regulations ofthe board. A serious violation is any violation that poses a risk of injury ordeath to persons or is likely to result in property damage exceeding twothousand five hundred dollars ($2,500.00). A repeated violation is one thatoccurs within two (2) years of any previously documented violation.
(d) Any person whose license is suspended, cancelled or refusedby the board may appeal to the appropriate district court.
(e) Repealed By Laws 2010, Ch. 84, 3.
(f) The board may hear appeals of civil penalties imposed bythe department pursuant to W.S. 35-9-130.
(g) The board may enter into and approve reciprocal licenseagreements with other states if such agreements conform with the conditions andminimum standards required under W.S. 35-9-126(d).
35-9-125. Electrical contractor's, low voltage electrical contractor'sand limited electrical contractor's licenses.
(a) On or before July 1 of each year, an electrical contractorshall file with the chief electrical inspector a license application in writingfor each of his firms. The applicant shall be or actively employ in a full-timecapacity a licensed master electrician of record who assumes responsibility toensure that the National Electrical Code, W.S. 35-9-120 through 35-9-130 andapplicable rules of the department are adhered to on all electrical workundertaken by the electrical contractor in the state of Wyoming, and who is notthe master electrician of record for, or employed by, any other electricalcontractor. The electrical contractor shall pay the fee required by W.S.35-9-129 for each firm operated by him. If the applicant qualifies, he shallreceive a license which bears the date of issue and expires on July 1 nextfollowing the date of issue.
(b) On or before July 1 of each year, a low voltage electricalcontractor shall file with the chief electrical inspector a license applicationin writing for each of his firms. The applicant shall be or actively employ ina full-time capacity a licensed low voltage technician of record who assumesresponsibility to ensure that the National Electrical Code, W.S. 35-9-120through 35-9-130 and applicable rules of the department are adhered to on allelectrical work undertaken by the low voltage electrical contractor in thestate of Wyoming, and who is not the low voltage technician of record for, oremployed by, any other low voltage electrical contractor. The low voltageelectrical contractor shall pay the fee required by W.S. 35-9-129 for each firmoperated by him. The low voltage electrical contractor's license fee shall bewaived for any low voltage electrical contractor not employing additional lowvoltage technicians or low voltage apprentice technicians other than himself. If the applicant qualifies, he shall receive a license which bears the date ofissue and expires on July 1 next following the date of issue.
(c) On or before July 1 of each year, a limited electricalcontractor shall file with the chief electrical inspector a license applicationin writing for each of his firms. The applicant shall be or actively employ ina full-time capacity a licensed limited technician of record who assumesresponsibility to ensure that the National Electrical Code, W.S. 35-9-120through 35-9-130 and applicable rules of the department are adhered to on allelectrical work undertaken by the limited electrical contractor in the state ofWyoming, and who is not the limited technician of record for, or employed by,any other limited electrical contractor. The limited electrical contractorshall pay the fee required by W.S. 35-9-129 for each firm operated by him. Thelimited electrical contractor's license fee shall be waived for any limitedelectrical contractor not employing additional limited technicians or limitedapprentice technicians other than himself. If the applicant qualifies, heshall receive a license which bears the date of issue and expires on July 1next following the date of issue.
(d) An electrical contractor, low voltage electrical contractoror limited electrical contractor is entitled to renew his license for theensuing year by paying the proper fee on or before the date his licenseexpires.
35-9-126. Licensing of master electricians, journeymen electricians,low voltage technicians, limited technicians; temporary permits; reciprocallicenses; master electrician of record for only 1 electrical contractor;technician of record for only 1 low voltage or limited electrical contractor.
(a) Applicants for master electrician, journeymen electrician,low voltage technician and limited technician licenses shall apply to thechief electrical inspector on a form furnished by the department andaccompanied by the required examination fee. The form shall state theapplicant's full name, his address, the extent of his experience and otherinformation required by the department. An applicant who complies with therules of the department, is qualified, successfully completes the examinationand pays the required license fee shall be issued the proper license by thechief electrical inspector which bears the date of issue. A master licenseshall expire on July 1 in the third year following the year