Title 35 — Title 35 — Public Health And Safety

Department created. The department of fire prevention and electrical safety is created.

(a) Definitions. As used in W.S. 35-9-101 through 35-9-130: (i) "Apprentice electrician" means a person who has insufficient qualifications to be a journeyman electrician and is hired by a licensed electrical contractor to assist a licensed journeyman or master electrician. An ap…

(a) Divisions created; council and board created. 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 in buildings; (iv) The electrical board. (b) The coun…

State fire marshal; qualifications. (a) After consultation with the council, the governor shall appoint a state fire marshal who shall be the director of the department and shall have theoretical knowledge and practical and managerial skill and experience which fits him for the p…

Division administrators; qualifications. (a) After consultation with the council and the governor, the state fire marshal shall appoint: (i) The chief deputy fire marshal, who is the administrator of the fire prevention division. His qualifications shall be the same as the state …

(a) Powers and duties of council. The council shall adopt rules and regulations to: (i) Establish minimum fire standards not exceeding the standards prescribed by the International Fire Code, the International Building Code, the International Mechanical Code, the International Ex…

(a) Duties and powers of state fire marshal. The state fire marshal shall: (i) department; Establish administrative policy for the (ii) Adopt regulations in consultation with the board and council to implement this article, excluding the provisions of W.S. 35-9-106 and 35-9-124; …

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 …

Investigation of fires; notification to fire marshal; powers of fire marshal. (a) The county fire warden or chief of the fire department of a city, town, county or fire district shall investigate the cause, origin and circumstances of each fire occurring in the city, town, county…

arrest. Investigation of fires; testimony; subpoena; (a) The state fire marshal may take testimony under oath and cause the testimony to be reduced to writing. (b) When the examination discloses that a fire or explosion was of incendiary origin, the state fire marshal may arrest …

Certain structures declared nuisance; repair or demolition; procedure. (a) A building or structure is a public nuisance if it is especially liable to fire and endangers people, buildings or property in the vicinity. If the state fire marshal, county fire warden, or the chief of a…

Certain structures declared nuisance; answer to notice or order. Within twenty (20) days of service of an order under W.S. 35-9-111(b) the owner or occupant may file with the clerk of the district court and serve upon the council an answer denying the existence of any of the alle…

Certain structures declared nuisance; hearing. Upon application of the state fire marshal, county fire warden or the chief of a fire 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 th…

Certain structures declared nuisance; appeal. An appeal from the judgment of the district court may be taken by the owner or occupant in accordance with the Wyoming Rules of Appellate Procedure.

Certain structures declared nuisance; sale of materials; expenses constitute lien; disposition of proceeds. If the owner or occupant fails to comply with an order of condemnation within the time fixed by the court, the state fire marshal, county fire warden or the chief of a fire…

Removal of combustible material; remedy of flammable conditions. If the state fire marshal, county fire warden or the chief of a fire department or district finds combustible materials or flammable conditions or fire hazards in a building or on premises subject to an inspection a…

council. Removal of combustible material; appeal to An owner or occupant aggrieved by an order of an officer under W.S. 35-9-116 may appeal to the council within forty-eight (48) hours. The cause of the complaint shall be investigated immediately by direction of the council. Unle…

(a) Exceptions. W.S. 35-9-106 through 35-9-117 do not apply to: (i) deeded land; Farms or ranches of forty (40) acres or more on (ii) County memorial hospitals, state-owned health care institutions, hospital districts, private hospitals and other health care facilities, except as…

(a) Duties of chief electrical inspector. The chief electrical inspector shall: (i) Enforce the minimum requirements for electrical installations except in localities which have received enforcement authority for electrical safety standards under W.S. 35-9-121(a); (ii) Aid cities…

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 minimum requirements of the National Electrical Code. To the extent that…

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 sectio…

Health care facilities; jurisdiction; delegation; rules. (a) The department of health has jurisdiction over all aspects of construction and remodeling, except electrical installation, of any state licensed health care facility as defined in W.S. 35-2-901. (b) The fire safety code…

licensing. Chief electrical inspector responsible for The chief electrical inspector is responsible for licensing electrical contractors, master electricians, journeyman electricians, low voltage electrical contractors, limited electrical contractors, low voltage technicians and …

Electrical installations to be performed by licensed electricians; exceptions. (a) Licensed electrical contractors employing licensed master or journeymen electricians, or registered apprentice electricians supervised by a licensed master or journeyman electrician shall install a…

(a) Powers and duties of board; appeals. The board shall: (i) Adopt rules and regulations to implement this section and to establish minimum standards for: (A) Training requirements for all classes of (B) electricians; and Licensing requirements for all classes of electricians; (…

Electrical contractor's, low voltage electrical contractor's and limited electrical contractor's licenses. (a) On or before July 1 of each year, an electrical contractor shall file with the chief electrical inspector a license application in writing for each of his firms. The app…

Licensing of master electricians, journeymen electricians, low voltage technicians, limited technicians; temporary permits; reciprocal licenses; master electrician of record for only 1 electrical contractor; technician of record for only 1 low voltage or limited electrical contra…

technicians. Apprentice electricians and apprentice (a) An electrical contractor may employ apprentice electricians to assist a licensed journeyman or master electrician. From and after March 1, 1994, apprentice electricians shall be enrolled in a bona fide program of training ap…

Repealed by Laws 1993, ch. 190, § 2.

Fees. (a) The fees for licenses, work permits, examinations and apprentice registrations shall be determined by the department but shall not exceed: (i) Electrical contractor's license $400.00 (ii) Low voltage electrical contractor's license $200.00 (iii) Limited electrical contr…

Penalties; civil penalties; other remedies. (a) A person who violates W.S. 35-9-101 through 35-9-130 commits a misdemeanor punishable as follows: (i) An individual, including an officer or agent of a corporation or association who participates in or is an accessory to the violati…

Investigation of electrocutions; powers of chief electrical inspector. (a) Except in cases where a federal agency has and asserts the right to control an investigation under applicable federal law or when an entity or activity involved is regulated by the Wyoming public service c…

Repealed By Laws 1999, ch. 7, § 2.

Repealed By Laws 1999, ch. 7, § 2. Division 5. Wyoming Emergency Response Act

Short title. This act shall be known and may be cited as the "Wyoming Emergency Response Act".

(a) Definitions. As used in this act: (i) "Emergency responders" means public, state or federal fire services, law enforcement, emergency medical services, public health, public works including certified water and wastewater operators, homeland security and other public response …

duties. State emergency response commission; creation; (a) There is created a state emergency response commission that shall consist of members appointed by the governor to advise the director, department of homeland security and the department of homeland security with respect t…

reporting. Emergency response training, planning and (a) After consultation with the commission and the state fire marshal, the director, department of homeland security shall: (i) Coordinate, develop, implement and make available a comprehensive voluntary training program design…

Regional response teams; rulemaking. (a) The state, political subdivisions of the state and other units of local government, may contract or coordinate to make available for use in any county, city or fire protection district any part of a regional emergency response team of appr…

Local response authority. (a) Every political subdivision of the state shall designate a local emergency response authority for responding to and reporting of hazardous material or weapons of mass destruction incidents that occur within its jurisdiction. The designation of a loca…

Right to claim reimbursement. (a) The state, political subdivision of the state or other unit of local government is hereby given the right to claim reimbursement for the costs resulting from action taken to remove, contain or otherwise mitigate the effects of a hazardous materia…

Expense recovery and civil remedies. (a) The decision to commence a civil action to recover expenses shall be made by the state, political subdivision of the state or other unit of local government, including local emergency response authorities and regional response teams, in co…

Exceptions to reimbursements; exception to act; clandestine laboratory remediation fund. (a) This act shall not apply to releases of a hazardous material where there is an immediate on-site private industry response capability to the emergency. The exemption under this subsection…

Applicability; powers of districts generally. This act shall apply to a fire protection district created under the provisions of this act or under the provisions of article 1, chapter 45, Wyoming Compiled Statutes, 1945, as amended. Such fire protection district is hereby authori…

Election of board of directors. (a) The election of the initial board of directors shall be held by the board of county commissioners at the same time as the election for formation of the district, or at the next general election in the case of a district created pursuant to W.S.…

Powers and duties of board of directors generally; administration of finances; assessment and levy of taxes. (a) The board of directors of any fire protection district is hereby authorized to enact such ordinances as may be necessary to establish and operate a fire protection dis…

Issuance of bonds; authority of board to submit questions to electors; restriction upon amount; interest; purpose. The board of directors of a fire protection district is authorized, whenever a majority thereof so decide, to submit to the electors of the district the question whe…

of returns. Issuance of bonds; conduct of election; canvass The election authorized under W.S. 35-9-204 shall be called, conducted and the results thereof canvassed and certified in all respects as near as practicable in the same manner as provided for bond elections by the Polit…

Issuance of bonds; notice; bids. If the proposal to issue said bonds shall be approved, the board of directors must issue such bonds in such form as the board may direct and shall give notice by publication in some newspaper published in the counties in which said district is loc…

registration. Issuance of bonds; form of bonds; execution; After ascertaining the best terms upon and the lowest interest at which said bonds can be negotiated, the board shall secure the proper engraving and printing and consecutive numbering thereof, and said bonds shall thereu…