|
S.F. No. 0037 |
Fire prevention
and safety. |
Sponsored By: Joint Corporations, Elections and
Political Subdivisions Interim Committee
AN ACT
relating to public health and safety;
specifying new code standards for fire prevention and safety; applying
the new codes to inspections and certification of inspectors; providing for
fees; modifying plan review provisions; expanding plan reviews to installation
of certain fuel storage tanks; providing thresholds for remodeling, as
specified; adding enforcement provisions; modifying fire prevention, protection
and safety provisions relating to the duties of the council on fire prevention,
electrical safety and energy efficiency in buildings and the state fire
marshal; modifying the name of the council; repealing language pertaining to
energy conservation; modifying conditions for investigation of fires;
authorizing the state fire marshal to assist local building inspectors; providing
that local building inspectors can be deputized; modifying authority over
school buildings and school capital construction; repealing language; providing
fee exemption for schools; repealing hospital exemption; adding propane
standards; providing appeal to council for state buildings; and providing for
an effective date.
12/30/2002 Bill Number Assigned
1/14/2003 S Received for Introduction
1/14/2003 S Introduced and Referred to S07
1/31/2003 S07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Senator(s) Case, Massie, Meier, Scott and
Sessions
Ayes 5 Nays 0 Excused 0
Absent 0 Conflicts 0
1/31/2003 S Placed on General File
2/4/2003 S Amendments Considered
SF0037SS001.01/AC (CORRECTED COPY) (DIVIDED AMENDMENT) ADOPTED
Page 2-line 2 Delete
"repealing" insert "modifying"; after
"exemption;" insert "providing authority for health care
facilities, as specified;".
Page 2-after line 6 Insert
and renumber:
"Section 1. W.S. 35-9-122 is created to read:
35-9-122.
Health care facilities; jurisdiction; delegation; rules.
(a) The
department of health has jurisdiction over fire safety standards in
construction and remodeling of any state licensed health care facility as
defined in W.S. 35-2-901.
(b) The fire
safety code requirements for the construction and remodeling of any state
licensed health care facility shall meet the minimum requirements established
in the National Fire Protection Association 101 Life Safety Code or any other
code required to meet federal fire and life safety certification. If any code requirements for federal
certification conflict with the code of any other state or local governmental
entity, the code required for federal certification shall prevail.
(c) The
department of health shall promulgate rules and regulations for construction
and remodeling of health care facilities to govern those instances where the
National Fire Protection Association 101 Life Safety Code or other code
required to meet federal fire and life safety certification does not meet the
minimum fire standards adopted by the council pursuant to W.S. 35-9-106, except
where federal certification requirements dictate otherwise.
(d) Upon
written request from any county or municipality, the department of health shall
delegate plan review and inspection responsibilities to the county or
municipality that has personnel who are certified pursuant to the applicable
code. The department of health shall transfer jurisdiction and authority by
letter. The department of health shall
notify the governing body of the municipality or county of the minimum
standards and requirements under this section and W.S. 16-6-501 and
16-6-502. The following shall apply:
(i)
Any municipality or county may issue a certificate of occupancy for a
health care facility. The certificate
shall reference any code applied to the construction or remodeling of the
facility;
(ii)
A municipality or county which has enforcement authority under this
subsection may create its own appeals board to determine the suitability of
alternate materials and types of construction.
If a municipality or county has not created an appeals board, the
department of health shall establish an appeals board which includes
representation from the department of health and the council.
(e) After
construction or remodeling of any health care facility, the department of
health shall have jurisdiction over the fire and life safety inspections
required for federal certification.".
Page 2-line 8 Delete "1" insert
"2".
Page 2-line 10 Before
"new" delete "a"; delete "subsection" insert
"subsections"; before ", 35-9-107(a)(iii)(D)" insert
"and (e)".
Page 2-line 14 After
"35-9-109(a)" insert ", 35-9-118(a)(ii)".
Page 4-after line 18 Insert:
"(e)
To the extent that any provision in the International Fire Code, the
International Building Code, the International Mechanical Code and the
International Fuel Gas Code conflicts with the standards prescribed by the
National Electrical Code, the National Electrical Code shall control.".
Page 12-after line 9 Insert:
"35-9-118. Exceptions.
(a) W.S. 35-9-106 through 35-9-117 do not
apply to:
(ii) County memorial
hospitals, state-owned health care institutions, hospital districts,
private hospitals and other health care facilities, except as permitted
pursuant to W.S. 35-9-122;".
Page 13-line 7 After
"leased buildings" delete the balance of the line and insert ". For the purpose of this section school
buildings shall not be construed to be state buildings.".
Page 13-line 8 Delete.
Page 13-line 9 Delete
new language.
Page 15-line 2 Delete
"2" insert "3"; after
"35-9-107(b)(i)(C)" delete "," insert "and".
Page 15-line 3 Delete
"and 35-9-118(a)(ii)". MEIER,
CHAIRMAN
SF0037SS001.02/FC (CORRECTED COPY) (DIVIDED AMENDMENT) FAILED
Page 6-line 13 Reinsert
stricken "Uniform Mechanical Code"; before "International"
insert ", the".
Page 6-line 14 Delete
", the International Mechanical".
Page 6-line 15 Delete "Code". MEIER, CHAIRMAN
2/4/2003 S Passed CoW
2/5/2003 S Amendments Considered
SF0037S2001/A ADOPTED
Page 2-after line 6 In
the Senate Standing Committee Amendment (SF0037SS001.01/AC) to this line amend
as follows:
Delete subsection (a) entirely and reinsert:
"(a) The
department of health has jurisdition 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.".
Delete subsection (c) entirely
and reinsert:
"(c) The
department of health shall promulgate rules and regulations for all aspects of
construction and remodeling of health care facilities except electrical
installation. For aspects of
construction and remodeling 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 of these codes except where federal certification requirements
dictate otherwise.". MEIER
2/5/2003 S Passed 2nd Reading
2/6/2003 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Barton,
Boggs, Burns, Caller, Case, Cathcart, Coe, Decaria, Devin, Erb, Geis,
Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler,
Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.
Ayes 30 Nays 0 Excused 0
Absent 0 Conflicts 0
2/7/2003 H Received for Introduction
2/7/2003 H Introduced and Referred to H07
2/12/2003 H07 Recommended Amend and Do Pass
ROLL CALL
Ayes: Representative(s) Illoway, Jansen, Johnson,
L., Latta, Martin, McOmie, Petersen, Prosser and Ross
Ayes 9 Nays 0 Excused 0
Absent 0 Conflicts 0
2/12/2003 H Placed on General File
2/14/2003 H Amendments Considered
SF0037HS001/AE (TO ENGROSSED COPY) ADOPTED
Page 2-line 10 Delete
"35-9-122" insert "35-9-121.1".
Page 2-line 12 Delete
"35-9-122" insert "35-9-121.1".
Page 14-line 23 After
"town" insert ", county".
Page 15-line 1 After
"town" insert ", county".
Page 15-line 15 Delete
"35-9-122" insert "35-9-121.1". ROSS, CHAIRMAN
2/14/2003 H Passed CoW
2/18/2003 H Passed 2nd Reading
2/19/2003 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee,
Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman,
Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen,
Landon, Latta, Law, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D.,
Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser,
Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh,
Warren, Wasserburger and Wostenberg.
Excused: Representative(s)
Lockhart
Ayes 59 Nays 0 Excused 1
Absent 0 Conflicts 0
2/19/2003 S Did Concur
ROLL CALL
Ayes: Senator(s) Anderson, J., Barrasso, Barton,
Boggs, Burns, Caller, Case, Cathcart, Coe, Decaria, Devin, Erb, Geis,
Goodenough, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler,
Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.
Ayes 30 Nays 0 Excused 0
Absent 0 Conflicts 0
2/19/2003 Assigned Number SEA 0015
2/19/2003 S President Signed SEA No. 0015
2/24/2003 H Speaker Signed SEA No. 0015
2/26/2003 Governor Signed SEA No. 0015
Chapter No.
0049 Session Laws of Wyoming 2003.