Fire and electrical safety plan reviews.

20LSO-0158
2020
STATE OF WYOMING
20LSO-0158
Numbered
2.0

HOUSE BILL NO. HB0216

Fire and electrical safety plan reviews.

Sponsored by: Representative(s) Henderson and Senator(s) Nethercott

A BILL

for

AN ACT relating to fire prevention and electrical safety; authorizing third parties to perform plan reviews of certain proposed projects; requiring the state fire marshal to approve third parties as specified; authorizing third parties to collect fees; making conforming amendments; and providing for an effective date.

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

Section 1.

W.S. 35
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102(a) by creating a new paragraph (xx), 35
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107(a) by creating a new paragraph (ix) and 35
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108(a)(intro), (b) through (e), (j) and (q)(ii) through (iv) are amended to read:

35
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102.

Definitions.

(a)

As used in W.S. 35
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101 through 35
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130:

(xx)

"Approved third party" means a person approved by the state fire marshal in accordance with W.S. 35
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107(a)(ix).

35
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107.

Duties and powers of state fire marshal.

(a)

The state fire marshal shall:

(ix)

Approve third parties to perform plan reviews under W.S. 35
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108. A third party approved by the state fire marshal shall:

(A)

Be a Wyoming resident or an entity formed under Wyoming law or qualified to do business under Wyoming law;

(B)

Be certified by the International Code Council as a building plans examiner, building inspector and building official;

(C)

Perform plan reviews in accordance with the International Code Council's building, plumbing, mechanical, fuel gas and accessibility codes and the National Electrical Code;

(D)

Submit the determination of any plan review performed under W.S. 35
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108 to the state fire marshal within fourteen (14) days of receiving initial plans or seven (7) days of receiving corrected plans.

35
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108.

Plan review; procedure; fees.

(a)

Except as
otherwise
provided
under subsections (h) and (q) of
in
this section and W.S. 35
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118, prior to beginning any new construction, the remodeling of existing buildings or the installation of aboveground flammable or combustible fuel storage tanks
for the buildings and entities listed in this subsection
, the owner or the owner's designated representative shall submit plans to the state fire marshal for review of the proposed project for compliance with
the codes specified in W.S. 35
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107(a)(ix)(C) and
applicable fire and electrical safety standards
. F
or
new construction or the remodeling
of existing buildings, the plans may be submitted instead to an approved third party for review for codes and standards compliance. This subsection applies to the following
:

(b)

If the state fire marshal
or an approved third party
does not notify the sender in writing of violations of the fire or electrical safety standards within twenty
‑
one (21) working days of receiving the plans, they are approved as submitted. If code deficiencies are discovered through inspection by the fire marshal during the construction or remodeling of buildings, the plan and plan review shall be amended to bring the building into compliance with applicable codes.

(c)

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

(d)

The department shall collect fees for plan reviews and other inspections except as provided in subsections (q) and (r) of this section, in the amount provided in the 1997 Uniform Building Code and adjusted for inflation as adopted by rule or regulation by the department. Fees collected under this subsection
by the department
shall be deposited into the general fund.
An approved third party may collect fees for plan reviews under this section provided that the fees do not exceed those authorized under this subsection.

(e)

For publicly owned buildings, the department may charge fees not in excess of fees authorized under
W.S. 35
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108(d)
subsection (d) of this section
to any entity for which it performs any plan inspection or review.

(j)

Except as
otherwise
provided
under subsections (h) and (q) of
in
this section and W.S. 35
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118, no new construction or remodeling of buildings or installation of aboveground flammable or combustible fuel storage tanks shall begin until the state fire marshal has approved the plans for compliance
with applicable fire and electrical
safety standards
as specified in subsection (a) of this section
.
For new construction or the remodeling of existing buildings, approval may be received instead from an approved third party.

(q)

A plan review is:

(ii)

Required for remodeling that costs less than forty thousand dollars ($40,000.00) and affects a built
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in fire protection system for the building, provided a fee of no more than fifty dollars ($50.00) per hour shall be paid to the department
or an approved third party
for the review;

(iii)

Required for remodeling that costs forty thousand dollars ($40,000.00) or more, provided the department
or an approved third party
shall collect a fee pursuant to subsection (d) of this section;

(iv)

Not required to be submitted to the state fire marshal
or an approved third party
if the plan review is submitted to a local governmental entity which has been
granted sole plan review authority pursuant to W.S. 35
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121(b).

Section 2
.

This act is effective July 1, 2020
.

(END)

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HB0216