§ 35-9-108 — Plan review; procedure; fees

(a) Except as provided under subsections (h) and (q) of
this section and W.S. 35-9-118, prior to beginning any new
construction, the remodeling of existing buildings or the
installation of aboveground flammable or combustible fuel
storage tanks, 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 applicable
fire and electrical safety standards for:
(i) Buildings or structures owned or leased by the
state or local governmental entities;
(ii) Public buildings over five thousand (5,000)
square feet of total floor area including basement;
(iii) Multistory public buildings;
(iv) Buildings intended for use as child care centers
housing more 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
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 shall review only the
corrections made in response to the violations cited in the
initial review. If the state fire marshal 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 shall be deposited into the general fund.
(e) For publicly owned 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(f) Repealed By Laws 2003, Ch. 49, § 3.
(g) Repealed By Laws 2003, Ch. 49, § 3.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
or counties which have received enforcement authority for fire
safety standards under W.S. 35-9-121.
(j) Except as provided under subsections (h) and (q) of
this section and W.S. 35-9-118, 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.
(k) If new construction or remodeling of buildings or
installation of aboveground flammable or combustible fuel
storage tanks is commenced without approved plans, the state
fire marshal may order the construction, 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
this section shall be served upon the owner in the manner
provided for service of process by the Wyoming Rules of Civil
Procedure. The order shall require that the person served
immediately cease certain activities until he has complied with
the applicable statutory requirements. The order shall be in
full force and effect from the time of service until the person
complies with the statutory requirement as described in the
order, or the order is revoked by the council. If the person
fails to cease certain activities as required within forty-eight
(48) hours of service, the person is guilty of a misdemeanor.
(n) Except as provided under subsections (h) and (q) of
this section and W.S. 35-9-118, after new construction or
remodeling of buildings is completed, the state fire marshal
shall inspect the building and determine conformance with the
plan review or amended plan review. If he finds conformance,
the state fire marshal shall issue a certificate of occupancy
for a newly constructed building and a letter of compliance for
a remodeled building. No newly constructed or remodeled
building shall be used or occupied until the state fire marshal
has issued a certificate of occupancy or letter of compliance.
If a newly constructed or remodeled building is used or occupied
prior 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 to cease until a certificate of
occupancy or letter of compliance is issued, subject to the
requirements of subsection (m) of this section.
(o) Except as provided under subsections (h) and (q) of
this section and W.S. 35-9-118, after the installation of
aboveground flammable or combustible fuel storage tanks is
completed, the state fire marshal shall inspect the premises and
determine conformance with the plan review. If he finds
conformance, the state fire marshal shall issue a letter of
compliance. No premises with aboveground flammable or
combustible fuel storage tanks installed shall be used until the
state fire marshal has issued a letter of compliance. If a
premise with aboveground flammable or combustible fuel storage
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 a letter 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
marshal may appeal to the council within forty-eight (48) hours.
The complaint shall be investigated immediately by direction of
the council. Unless the order is revoked 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
permitting under the International Code;
(ii) Required for remodeling that costs less than
forty thousand dollars ($40,000.00) and affects a built-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 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 to subsection (d) of this section;
(iv) Not required to be submitted to the state fire
marshal if the plan review is submitted to a local governmental
entity which has been granted sole plan review authority
pursuant to W.S. 35-9-121(b).
(r) There shall be no inspection fees for school
buildings.
(s) Plan reviews may be submitted in phases so that work
may begin on the first phase of a project upon approval of the
plans for that phase. Subsequent work may begin on each
successive phase as plans are approved for each successive
phase. Plans for fire alarm systems and fire sprinkler systems
shall be submitted as successive phase plans after the initial
plans are approved.
(t) Subsections (a) through (s) shall not apply to
remodeling that is exempt under subsection (q).