Electrical safety enforcement-amendments.

22LSO-0406
2022
STATE OF WYOMING
22LSO-0406
Numbered
2.0

SENATE FILE NO. SF0065

Electrical safety enforcement-amendments.

Sponsored by: Senator(s) Salazar and Representative(s) Newsome

A BILL

for

AN ACT relating to fire protection and electrical safety; amending requirements for the delegation of authority to municipalities and counties to enforce and interpret local or state fire building and electrical safety standards as specified; and providing for an effective date.

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

Section 1
.

W.S. 35
‑
9
‑
121(a)(iii) through (v) and (b) is amended to read:

35
‑
9
‑
121.

Local enforcement.

(a)

The state fire marshal shall delegate complete authority to municipalities and counties which apply to enforce and interpret local or state fire, building, existing building standards or electrical safety standards which meet the requirements of this section. The state fire marshal shall notify the governing body of the municipality or county of the minimum standards and requirements of this act and W.S. 16
‑
6
‑
501 and 16
‑
6
‑
502 and transfer jurisdiction and authority by letter. Except as provided in W.S. 35
‑
9
‑
119(a)(i) and subsection (b) of this section, nothing in this section affects the authority of the state fire marshal or chief electrical inspector regarding state owned or leased buildings. Local enforcement authority under this subsection shall be subject to the following requirements and certification of inspectors:

(iii)

If code enforcement authority for fire and building codes is requested, certification of a fire inspector or building inspector
, as applicable,
by the International Code Council
or the International Conference of Building Officials
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 is requested, certification of an electrical inspector by
either
the International Code Council or the International Association of Electrical Inspectors
and
or
licensing by the state as a journeyman or master electrician is required
. Code enforcement authority for individual categories of residential electrical code provisions and commercial electrical code provisions may be individually requested and granted under this paragraph based on the corresponding type of certification held
;

(v)

If a municipality or county that has been granted local enforcement authority under this subsection fails to maintain employment of an inspector holding
any
the appropriate
certification required by this subsection, enforcement authority
previously granted under this subsection
shall revert to the department one hundred twenty (120) days after the last day the properly certified inspector has left the employment of the municipality or
county
, except that the chief electrical inspector may delay the reversion of enforcement authority to the department for a specified time period not to exceed an additional one hundred twenty (120) days upon a showing of good cause by the municipality or county
. It shall be the responsibility of the municipality or county to notify the department upon the termination of employment of any certified inspector required by this subsection.

(b)

Notwithstanding the provisions of subsection (a) of this section a local governmental entity is authorized to assume sole plan review authority, and, in accordance with W.S. 35
‑
9
‑
107(a)(iv), that entity has sole construction inspection authority on the approved plans and sole authority for periodic fire and life safety inspections on state owned or leased buildings. For the purpose of this section, school buildings shall be construed to be state buildings. If local code provisions are more stringent than adopted state codes, the local code prevails. The authority granted to local governmental entities under this subsection is subject to certification of local
plan reviewers and
inspectors as follows:

(i)

If sole plan review authority is requested, certification of a
plan reviewer
building plans examiner
by
the international conference of building officials or
the International Code Council;

(ii)

If code enforcement authority for
the
fire
and
code or the
building
codes
code
is requested, certification of a fire inspector or building inspector
, as applicable,
by the International Code Council
;
or the International Conference of Building Officials;

(iii)

If code enforcement authority for the electrical code is requested, certification of
an
a commercial
electrical inspector by the International Code Council
,

or
certification of a master electrical inspector

by
the International Association of Electrical Inspectors
and
or
licensing by the state as a master electrician.

Section 2
.

This act is effective July 1, 2022
.

(END)

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SF0065