Wyoming Administrative Rules 041 — Fire Prevention & Electrical Safety, Dept. of

113 Council on Fire Prevention, Electrical Safety

Chapter 1 General Provisions

Wyo. Code R. 041.0002.1.06262024 § 1 Authority

These rules are adopted pursuant to Wyoming Statutes 35-9-106(a) and 16-3-101 through -104.

History

• Effective 2024-06-26

Wyo. Code R. 041.0002.1.06262024 § 2 Codes and Standards

(a) The Council on Fire Prevention and Electrical Safety in Buildings has determined that incorporation of the full text of these rules would be cumbersome and inefficient given their length and nature. These incorporations by reference do not include any later amendments or editions of the incorporated codes. The council hereby incorporates by reference the following:

(i) The International Building Code, 2024 Edition, published by the International Code Council.

(ii) The International Existing Building Code, 2024 Edition, published by the International Code Council.

(iii) The International Fire Code, 2024 Edition, published by the International Code Council, including, Appendix D, Appendix E, Appendix F and Appendix G.

(iv) The International Mechanical Code, 2024 Edition, published by the International Code Council.

(v) The International Fuel Gas Code, 2024 Edition, published by the International Code Council.

(vi) Provisions of the International Residential Code, the International Property Management Code, the International Plumbing Code, and the International Energy Conservations Code, as they are referenced in chapters 1 - 10 of the International Building Code, the International Fire Code, the International Mechanical Code, and the International Fuel Gas Code.

(b) For the rules incorporated by reference in subsection (a) of this section:

(i) The Council has determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section

(iii) These codes are maintained and available for public inspection and copying at the offices of the Wyoming Department of Fire Prevention and Electrical Safety at the Capitol Hill Building, 320 W. 25th Street, 3rd Floor, Cheyenne, Wyoming.

History

• Effective 2024-06-26

Chapter 6 Appeal Procedures

Wyo. Code R. 041.0002.6.02212012 Appeal Procedures

The document referenced in the rules database link is not available in an electronic format. If you are in need of this rule, please contact the Secretary of State's Office at: Rules Registrar Wyoming Secretary of State's Office Ph. 307.777.7378 Email: Rules@wyo.gov

History

• Effective 2012-02-21

Chapter 7 Procedures for Appeals from a Local Appeals Board

Wyo. Code R. 041.0002.7.02212012 Procedures for Appeals from a Local Appeals Board

The document referenced in the rules database link is not available in an electronic format. If you are in need of this rule, please contact the Secretary of State's Office at: Rules Registrar Wyoming Secretary of State's Office Ph. 307.777.7378 Email: Rules@wyo.gov

History

• Effective 2012-02-21

112 Electrical Board

Chapter 1 General Provisions

Wyo. Code R. 041.0001.1.02282008 General Provisions

ELECTRICAL BOARD RULES AND REGULATIONS

CHAPTER 1

GENERAL PROVISIONS

Section 1. Law under Which the Board Created and Operates. The Electrical Board (Board) is created by and operates under and in accordance with W.S. 35-9-101 through 35-9-130, hereinafter called the "Act." In the event any rule of the Board is inconsistent with any provision of the Act, the Act shall control.

Section 2. Jurisdiction. This Board has, and the Act grants it:

(a) Jurisdiction of all applicants and applications for licenses to perform electrical installations in the State of Wyoming;

(b) Enforcement power of the minimum requirements of the National Electrical Code in the State of Wyoming, including the duty to review civil penalties, cancel or suspend any license for any of the causes specified in the Act.

Section 3. Membership of the Board. As provided in the Act, this Board consists of five (5) members appointed by the governor for six (6) year terms. At least one (1) member and no more than (2) two shall be, journeymen electricians, one (1) and no more than (2) two shall be master electricians, at least one (1) and no more than (2) two shall be electrical contractors.

Section 4. Officers of the Board. The Board at its first meeting after March 1, shall choose from its members a Chairman and Secretary. A quorum shall consist of three (3) members.

Section 5. Purpose. The Board has the duty to adopt rules and regulations regarding installation of electrical equipment and electrical safety standards, hear appeals to determine the suitability of alternate materials and type of construction and to interpret and grant variances from rules and regulations of the Board pursuant to W.S. 35-9-124.

History

• Effective 2008-02-28

Chapter 2 Definitions

Wyo. Code R. 041.0001.2.07192023 § 1 Authority

These rules and regulations are promulgated by the Wyoming Electrical Board pursuant to their authority under W.S.35-9-124(a)(i).

History

• Effective 2023-07-19

Wyo. Code R. 041.0001.2.07192023 § 2 Definitions

. For the purpose of these Rules and Regulations, the following definitions shall apply:

(a) "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. From and after March 1, 1994, an apprentice electrician must be registered with the Department of Fire Prevention and Electrical Safety, and must be enrolled in a bona fide program of training approved by the Department, or present evidence directly to the Board that he is enrolled in an apprentice training program which provides training equivalent to a program approved by the Department.

(b) "Apprentice Technician" means a person who has insufficient qualifications to be a low voltage or a limited technician and is hired by a licensed electrical contractor, low voltage contractor, or limited electrical contractor to assist a licensed low voltage or limited technician. An apprentice technician must be registered with the Department of Fire Prevention and Electrical Safety and must be enrolled in a training program as approved by the Board.

(c) "Chief Electrical Inspector" means the administrator of the electrical safety division, who is a Wyoming master electrician, certified as an electrical inspector by the International Association of Electrical Inspectors or the International Conference of Building Officials.

(d) "Department" means the Department of Fire Prevention and Electrical Safety.

(e) "Documented Evidence of Work Experience" means notarized letters from employees (past and present), notarized letters from IBEW local union or a copy of a current electrical license from another state licensing board which has work history requirement equal to or greater than the State of Wyoming.

(f) "Documented School Experience" means official transcripts which indicate the number of credit hours or actual number of classroom hours of electrically related courses.

(g) "Electrical Board" (Board) consists of five (5) members appointed by the governor for six (6) year terms. One (1) member and no more than two (2) shall be journeymen electricians, one (1) and no more than two (2) shall be a master electricians, and one (1) and no more than two (2) shall be electrical contractors.

(h) "Electrical Contractor" means a person licensed by the Department to contract with another to plan, lay out and supervise the installation of electric equipment. "Electrical Contractor" excludes a person who only plans or designs electrical installations.

(i) "Electrical Safety Division" is the Division that is responsible for the licensing of companies and individuals who are performing electrical installations. The Division is also responsible for issuing electrical wiring permits as well as performing inspections of electrical installations.

(j) "Electrical Work" means the installation, alteration, reconstruction, or repair of electrical wiring and/or systems as described by the National Electrical Code (NEC) Article 90-2.

(k) "Electrical Work Experience" means electrical installations performed by the applicant and governed by the National Electrical Code.

(1) "Electrical Wiring" means any electrical conductor, conduit, material, device, fitting, apparatus, appliance, fixture, or equipment, constituting a part of or connected to any installation attached or fastened to any building, structure, or premises, and which installation or portion thereof is designed, intended, or used to generate, transmit, transform, or utilize electrical energy within the scope and purpose of the NEC.

(m) "Installation of Electric Equipment" includes installing, altering and repairing the wiring of apparatus, equipment and conductors subject to the National Electrical Code.

(n) "Journeyman Electrician" means a person licensed by the Department who has four (4) years experience in the electrical wiring industry and technical knowledge to install and supervise the installation of electrical equipment for any purpose in accordance with the National Electrical Code and city, county and state ordinances and regulations.

(o) "License" means permission to perform electrical installations in the State of Wyoming.

(p) "Limited Electrical Contractor" means a person, licensed by the Department to contract with another to plan, lay out and supervise the installation of electrical equipment associated with the type of limited electrical contractor license held. "Limited Electrical Contractor" excludes a person who only plans or designs electrical installations.

(q) "Limited Technician" means a person licensed by the Department who has two (2) years experience in the portion of the electrical wiring industry covered by his limited license and technical knowledge to install and supervise the installation of electrical equipment associated with the type of limited electrical license held in accordance with the National Electrical Code and city, county and state ordinances and regulations.

(r) "Low Voltage Electrical Contractor" means a person licensed by the Department to contract with another to plan, lay out and supervise the installation of electrical equipment associated with the type of limited electrical contractor license held. "Low Voltage Electrical Contractor" excludes a person who only plans or designs electrical installations.

(s) "Low Voltage Technician" means a person licensed by the Department who has the required number of hours of experience in the portion of the electrical wiring industry covered by his low voltage license and technical knowledge to install and supervise the installation of electrical equipment associated with the type of low voltage electrical license held in accordance with the National Electrical Code and city, county and state ordinances and regulations.

(t) "Master Electrician" means a person licensed by the Department who has eight (8) years experience in the electrical wiring industry and technical knowledge to plan, lay out and supervise the installation of electric equipment in accordance with the National Electrical Code and city, county and state ordinances and regulations.

(u) "Master Electrician of Record" means a Wyoming licensed master electrician who is actively employed by a licensed electrical contractor in a full-time capacity, and who assumes responsibility to ensure that the National Electrical Code,

W.S. 35-9-120 through 35-9-130 and applicable rules of the Department of Fire Prevention and Electrical Safety are adhered to on all electrical work undertaken by the electrical contractor in the State of Wyoming, and who is not the master electrician of State record for, or employed by, any other electrical contractor.

(v) "National Electrical Code (NEC)" is the current electrical code created by the National Fire Protection Association whose purpose is the practical safeguarding of persons and property from hazards arising from the use of electricity, and enforcement may be delayed until July of that year.

(w) "Technician of Record" means a Wyoming licensed low voltage or limited technician who is actively employed by a licensed low voltage or limited electrical contractor in a full time capacity, and who assumes responsibility to ensure that the National Electrical Code, W.S. 35-9-120 through 35-9-130 and applicable rules of the Department of Fire Prevention and Electrical Safety are adhered to on all low voltage or limited electrical work undertaken by the low voltage or limited electrical contractor in the State of Wyoming, and who is not the technician of record for, or employed by, any other low voltage or limited electrical contractor.

(x) "Temporary Work Permit" means a permit that allows an applicant to engage in the work of a journeyman electrician, low voltage technician, or a limited technician who applies, furnishes satisfactory evidence of experience to qualify for the examination, and pays the required fees.

History

• Effective 2023-07-19

Chapter 5 Electrical Licensing

Wyo. Code R. 041.0001.5.07192023 § 1 Authority

These rules and regulations are promulgated by the Wyoming Electrical Board pursuant to their authority under W.S. 35-9-124(a)(i).

History

• Effective 2023-07-19

Wyo. Code R. 041.0001.5.07192023 § 2 Electrical Contractors, Low Voltage Electrical Contractors and Limited Electrical Contractors

(a) All work done by an electrical contractor subject to the National Electrical Code shall be under the direction and supervision of a licensed journeyman electrician or a licensed master electrician

(i) An electrical contractor may employ licensed low voltage technicians, licensed limited technicians, or apprentice technicians. The scope of work for low voltage and limited technicians and apprentice technicians working for electrical contractors shall be limited by the type of technician license or apprentice technician registration held. Low voltage or limited electrical work may be supervised by a licensed low voltage or limited technician of the proper category.

(b) All work done by a low voltage or limited electrical contractor subject to the National Electrical Code must be within the category of low voltage or limited electrical contractor's license held and shall be under the direction and supervision of a licensed low voltage or limited technician of the proper category.

(i) A low voltage or limited electrical contractor may employ licensed journeyman or licensed master electricians. The scope of work for journeyman or master electricians working for low voltage or limited electrical contractors shall be limited by the category of low voltage or limited electrical contractor's license held by the contractor.

(c) Electrical contractors, low voltage electrical contractors, and limited electrical contractors shall ensure that all their electrical installations comply fully with the current edition of the National Electrical Code and amendments thereto, unless written permission for an exception is issued by the Board. Such permission is limited by the requirements set forth in Article 90 of The National Electrical Code.

(d) An electrical contractor who has lost their master of record may have up to but not more than thirty (30) days to register a new master of record.

(i) During the time that an electrical contractor is without a master of record they shall submit to the Electrical Safety Division each Monday a list of all licensed employees that worked on projects the previous week in Wyoming. The list must show which projects the electricians were working on and number of hours worked. The list shall include each apprentice, the year of registration, their on-the-job supervisor and how many hours the supervisor was available on the project.

(e) A low voltage electrical contractor or limited electrical contractor who has lost their technician of record may have up to but not more than thirty (30) days to register a technician of record.

(i) During the time that a low voltage electrical contractor or limited electrical contractor is without a technician of record they shall submit to the Electrical Safety Division each Monday a list of all licensed employees that worked on projects the previous week in Wyoming. The list must show which projects the technicians were working on and number of hours worked. The list shall include each apprentice, the year of registration, their on-the-job supervisor and how many hours the supervisor was available on the project.

(f) Low Voltage - Licensing categories of systems of under ninety (90) volts by low voltage electrical contractors shall be as follows:

(i) LV-G Low Voltage General - Installation and repair or remodel of all systems under ninety (90) volts.

(ii) LV-A Low Voltage Alarms - Installation and repair or remodel of burglar alarms, fire alarms, and other alarm signaling systems.

(iii) LV-L Low Voltage Lawn Sprinklers - Installation and repair or remodel of lawn sprinkler systems under (90) volts.

(iv). LV-CATV Low voltage communications, sound, TV, and control - Installation and repair or remodel of the included systems, and installation of, and repair and maintenance of fiber optic cable installations.

(g) Limited - Licensing categories of limited electrical work by limited electrical contractors shall be as follows:

(i) LM-E Elevators - Installation and repair or remodel of elevator systems limited to wiring on the load side of the equipment disconnect.

(ii) LM-LS Signs and light fixtures- Installation and repair or remodel of electrical sign systems limited to wiring on the load side of the equipment disconnect and routine checking and repair of light fixtures limited to replacement of lamps, ballasts, and fixture parts located in buildings and their premises.

(iii) LM-W Water Wells and Irrigation Systems - Installation and repair or remodel of water well and irrigation systems limited to electrical wiring on the load side of the equipment disconnect.

(iv) LM-H - Installation and repair or remodel of heating, ventilating, air conditioning, refrigeration, and HVAC energy management systems limited to electrical wiring on the load side of the equipment disconnect.

History

• Effective 2023-07-19

Wyo. Code R. 041.0001.5.07192023 § 3 Master Electricians, Journeyman Electricians, Low Voltage Technicians and Limited Technicians

(a) An applicant for a journeyman electrician license by exam must present evidence of a four (4) year (8,000 hour) apprenticeship or experience in the electrical wiring industry. The 8,000 hours of experience must have been obtained during a time frame of no less than four (4) years. Work shall have been governed by the minimum standards of the NEC, under the direct supervision of a licensed journeyman or licensed master electrician. Electrical work experience is to consist of installation in residential, commercial, and industrial. No more than 75 percent of time may be in any one category. However, in special circumstances, the Board may waive this requirement. Up to two (2) years (4,000 hours) credit toward work history requirements shall be given for the number of hours of study in an accredited electrical school exceeding the 576 hours of electrically related classroom instruction required in Section 5(a)(i).

(i) An applicant for a journeyman electrician or master electrician license must also present evidence of 144 hours per year, or 576 hours over a four year apprenticeship, of successfully completed electrically related classroom instruction obtained through approved electrical apprenticeship training programs. If 576 hours of classroom instruction cannot be provided, an applicant may qualify for the exam if evidence of 10 years and 20,000 hours of on the job training experience as a licensed journeyman or master electrician is provided and approved by the Chief Electrical Inspector.

(ii) Applicants who have a current journeyman or master electrician's license, in good standing, from a city, county or state which has requirements equal to or greater than the requirements of the State of Wyoming shall be able to use that license as proof of on the job training hours to qualify to take the examination.

(iii) All properly documented work experience obtained while working for an exempt entity in the State of Wyoming as defined in W.S. 35-9-123 (a)(ii) through (v) will be acceptable. Such work shall have been governed by the minimum standards of the NEC, under the direct supervision of a licensed journeyman or licensed master electrician. Applicants with acceptable work history obtained while working for an exempt entity must also document an equal number of hours of related classroom instruction as required for apprentice electricians enrolled in approved electrical apprenticeship training programs.

(b) An applicant for a master electrician license by exam must present evidence of eight (8) years (16,000 hours) experience in the electrical wiring industry and having held a journeyman electrician license for a minimum of four (4) years. The 16,000 hours of "Documented Evidence of Work Experience" means notarized letters from employees (past and present), notarized letters from IBEW local union or a copy of a current electrical license from

another state licensing board which has work history requirement equal to or greater than the State of Wyoming.

(c) An applicant for a low voltage license must present evidence of the required experience that meets minimum standards of the NEC for the category of license indicated on the application. Classroom instruction is not required for a low voltage license. Experience requirements for the various categories of a low voltage license are as follows:

(i) LV-G Low Voltage General - 4,000 hours during a period of not less than two (2) years for any category of low voltage license not specifically addressed below.

(ii) LV-A Low Voltage Alarms - 3,000 hours during a period of not less than two (18) months.

(iii) LV-L Low Voltage Lawn Sprinklers - 80 hours during a period of not less than two (2) months.

(iv) LV-CATV Low Voltage communications, sound, TV, control. 2000 hours during a period of not less than one (1) year

(d) An applicant for a limited technician license must present evidence of the required experience that meets minimum standards of the NEC for the category of license indicated on the application. Classroom instruction is not required for a limited technician license. Experience requirements for the various categories of a limited technician license are as follows:

(i) LM-LS Signs and Light Fixtures - 1,000 hours during a period of not less than six (6) months.

(ii) All other limited technician categories - 4,000 hours during a period of not less than two (2) years.

(e) Master electrician applicants shall receive a passing grade of 75 percent on the examination. Journeyman electrician applicants shall receive a passing grade of 70 percent on the examination. Low voltage technician and limited technician applicants shall receive a passing grade of 70 percent on the examination.

(f) Anyone who has tested (and failed) for an electrical license within the State of Wyoming is not eligible for a reciprocal license until they have held the license from that state for a period of (3) years and also must show proof of an approved continuing education seminar of sixteen (16) hours on electrical code which is currently enforced in the State of Wyoming.

History

• Effective 2023-07-19

Wyo. Code R. 041.0001.5.07192023 § 5 Reciprocal Licensing

(a) "Reciprocal Licensing" is a master, journeyman, low voltage, and limited technician license that has been reciprocated into the State of Wyoming from a state that has a reciprocal agreement with the State of Wyoming. In order to receive a master or journeyman, low voltage, and limited technician reciprocal license the applicant must have obtained their license by examination. A journeyman, low voltage, or limited technician must have a score of 70% or greater. A master must have a score of 75% or greater. The applicant must have held their license for at least one year in the state the applicant is reciprocating from and the license must be active and in good status with no violations. Proof of the current license must be shown/verified from the state issuing the license. To apply for a reciprocal license you must fill out the appropriate application and pay the appropriate fees and have obtained that license by the same requirements as are required to obtain a license in the State of Wyoming.

History

• Effective 2023-07-19

Wyo. Code R. 041.0001.5.07192023 § 6 Apprentice Electricians, Apprentice Electrician Training Programs and Apprentice Technicians

(a) An apprentice electrician is any person working as an apprentice for a licensed electrical contractor and under the direct supervision of a licensed journeyman electrician, or a licensed master electrician.

(i) Apprentice electricians renewing their registration with the Department of Fire Prevention and Electrical Safety will be required to provide proof of the following:

(A) The total number of hours of on-the-job electrical work experience obtained during the twelve (12) month period from July 1 of the previous year to June 30 of the current year. Work shall have been governed by the minimum standards of the NEC, under the direct supervision or attestation of a licensed journeyman or licensed master electrician. A breakdown indicating number of hours obtained in residential, commercial, and industrial work categories shall be included. Documentation of work history shall be through notarized letters on company letterhead from past or present employer.

(B) The total number of hours of successfully completed electrically related classroom instruction obtained through accredited schools or through approved apprenticeship programs during the twelve (12) month period from July 1 of the previous year to June 30 of the current year. Documentation of all electrically related classroom instruction, time spent in electrical school, and time spent in approved on-line classroom instruction shall be through transcripts from an accredited school or classroom training records from an approved electrical apprenticeship program.

(ii) Apprentice electricians will not be advanced to the next year of apprenticeship training until proof of one (1) year (2,000 hours) of on-the-job electrical work experience and 144 hours of successfully completed electrically related classroom instruction or approved on-line classroom instruction, obtained through an approved electrical apprenticeship program, can be documented for the current year of their apprenticeship registration.

(iii) Each apprentice electrician shall be supervised by a licensed master or journeyman electrician during his entire training period.

(A) First (1st) year apprentice who has less than 2,000 hours on-the-job training and less than 144 hours related classroom training shall be supervised 100 percent of the workday by a licensed master or licensed journeyman, who must be present on the job.

(B) Second (2nd) year apprentice who has at least 2,000 hours on-the- job training and 144 hours of related classroom training but less than 4,000 on- the-job-training or 288 hours of related training shall be supervised 100 percent of the workday by a licensed master or licensed journeyman, who must be present on the job.

(C) Third (3rd) year apprentice who has at least 4,000 hours on-the-job training and at least 288 hours of related classroom training, but less than 6,000 hours on-the­ job-training or 432 hours of related training shall be supervised at least 50 percent of the workday by a licensed master or licensed journeyman, who must be present on the job.

(D) Fourth (4th) year apprentice who has at least 6,000 hours on-the- job training and 432 hours of related classroom training but less than 8,000 hours on-the-job­ training or 576 hours of related training shall be supervised 25 percent of the workday by a licensed master or licensed journeyman, who must be present on the job.

(E) Fifth (5th) year apprentice who has at least 8,000 hours on- the- job-training and 576 hours of related training shall be supervised 25 percent of the workday by a licensed master or licensed journeyman, who must be present on the job.

(F) An apprentice who has at least 10,000 hours on-the-job- training regardless of hours of related training shall be supervised 100 percent of the workday by a licensed master or licensed journeyman, who must be present on the job.

(b) Electrical contractors employing apprentice electricians in the State of Wyoming must have an electrical apprenticeship training program to provide classroom instruction for all apprentice electricians in their employ. Requirements for apprenticeship training programs shall be as follows:

(i) The training program must provide at least 144 hours per year, 576 hours over a four (4) year apprenticeship program, of a structured and comprehensive sequence of instruction in subjects, such as electrical theory, the National Electrical Code, and other technical subjects related to the electrical trade.

(ii) Classes for electrical apprenticeship training programs must be conducted on a regular pre scheduled basis with enough scheduled classes to accommodate the 144 hour per year requirement.

(iii) Instructors for electrical apprenticeship training programs must be licensed journeyman electricians, licensed master electricians, or other persons with adequate electrical expertise as determined by the Department.

(iv) Apprenticeship course hours must be approved by the Chief Electrical inspector.

History

• Effective 2023-07-19

Chapter 7 Hearing Procedures

Wyo. Code R. 041.0001.7.06132011 Hearing Procedures

The document referenced in the rules database link is not available in an electronic format. If you are in need of this rule, please contact the Secretary of State's Office at: Rules Registrar Wyoming Secretary of State's Office Ph. 307.777.7378 Email: Rules@wyo.gov

History

• Effective 2011-06-13

114 General Agency, Board or Commission Rules

Chapter 1 General Provisions

Wyo. Code R. 041.0003.1.10052023 § 1 Authority and Purpose

(a) These rules are adopted by the authority granted at W.S. 35-9-107(a)

(ii) and W.S. 16-3-101 et seq. They are adopted for the purpose of establishing fair and efficient means of conducting the duties and responsibilities of the Department of Fire Prevention and Electrical Safety [hereafter Department] found at W.S. 35-9-101 through W.S. 35-9-131.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.1.10052023 § 2 Appeals from Decisions

(a) If any party is aggrieved by any decision of the department, that party may appeal said decision to the Wyoming Electrical Board [hereafter Board], or the Wyoming Council on Fire Prevention and Electrical Safety [hereafter Council], in accordance with the rules and regulations of the Board or Council, whichever is applicable.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.1.10052023 § 3 Definitions

(a) "Addition" means an extension or increase in floor area, number of stories or height of a building or structure.

(b) "Building Code" means the International Building Code, as currently adopted by the Council. The provisions of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of any building or structure within this jurisdiction.

(c) "Design Professional" is an architect or engineer, registered or licensed to practice architecture or engineering, as defined by statutory requirements of the professional registration laws of the state of Wyoming.

(d) "Existing Building Code" means the International Existing Building Code, as currently adopted by the Council. The provisions of this code shall apply to the alteration, addition to, or change of occupancy group or use of existing buildings.

(e) "Factory built housing" means manufactured homes or mobile homes.

(f) "Fire Code" means the International Fire Code, as currently adopted by the Council. The provisions of this code prescribe regulations consistent with nationally recognized good practice for the safeguarding, to a reasonable degree, of life and property from hazards of fire, explosions and dangerous conditions arising from the storage and handling and use of hazardous materials and devices and from conditions hazardous to life or property in the use or occupancy of buildings or premises and provisions to assist emergency response personnel.

(g) "Plan Review Comment Letter" means a detailed report that lists the code deficiencies noted during the plan review process that may need to be corrected and resubmitted. This list is also referred to as "Review Comments".

(h) "HUD Code" means the National Manufactured Housing Construction and Safety Standards Act, 42 U.S.C. Sec. 5401 et seq.

(i) "Mechanical Code" means the International Mechanical Code, as currently adopted by the Council. The provisions of this code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance in the state of any heating, ventilating, cooling, refrigeration systems, incinerators or other miscellaneous heat-producing appliances.

(j) "Mobile home" means a transportable factory built housing unit built on or before June 15, 1976, in accordance with a state mobile home code which existed prior to the Federal Manufactured Housing and Safety Standards Act (HUD Code).

(k) "National Electrical Code (NEC)" is the current electrical code created by the National Fire Protection Association whose purpose is the practical safeguarding of persons and property from hazards arising from the use of electricity, and enforcement may be delayed until July of that year.

(l) "Nationally Recognized Standards" means standards that are generally accepted as reliable or authoritative.

(m) "Owner" means the person holding legal title to a building or real property.

(n) "Participant Sports Area" as referenced in the International Building Code shall include the playing area and the area surrounding the playing area, provided the occupants of the surrounding area are associated with the participant, and the total occupant load of the building is less than 50 and the building contains no other occupancies or uses.

(o) "Permanent Power" means an electrical service that has been installed to provide power in or on a building, mobile home and premises.

(p) "Plans" means drawings or diagrams, calculations, design professional's seal or letter of approval, cut sheets (material specifications), technical specifications and any other design documents as needed, showing the arrangement in horizontal section of a building or aboveground flammable or combustible storage tank, which may include details of foundations, structural components, framing, plumbing, mechanical, electrical systems and fire protection systems.

(q) "Plan Review Submittal" means the electronic files that contain detailed information from the plan submitter, including designs, specifications and other supporting documents providing specific required information related to the proposed project.

(r) "Preliminary Review" means a discussion or procedure leading to the final review of submitted plans.

(s) "Public Building" means a building intended for access by the general public.

(t) "Remodeling" includes repairing, altering or adding to a building or its electrical system.

(u) "Temporary Power" means an electrical service that has been installed to provide power during construction or remodeling and will be removed after permanent power is installed.

(v) "Valuation" of a building shall be the estimated cost to replace the building or structure in kind, based on the current International Code Council Building Valuation Data Table. Valuation may also refer to the estimated construction cost of a system of building components only, such as a "fire protection sprinkler system" or "fire alarm system" or "fire suppression system".

History

• Effective 2023-10-05

Chapter 2 Building Construction Plan Review

Wyo. Code R. 041.0003.2.10052023 § 1 Submission of Plans

(a) Except as provided in W.S. 35-9-108(q), prior to beginning any new construction, the remodeling of existing buildings, change of occupancy/use, modification of any building system, or the installation of aboveground flammable or combustible fuel storage tanks, plans shall be submitted for review. The owner or the owner's designated representative shall submit plans to the Department for review of the proposed project for compliance with applicable fire and electrical safety standards. The owner shall be responsible to ensure plans are submitted and approved, with a permit issued by the Department prior to beginning work.

(b) When plans are submitted to the Department for review they shall be drawn to scale; and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of the statutes and the rules and regulations of the Department. If plans received do not meet the provisions of the statutes, rules, and regulations they may be returned as unaccepted.

(c) Plans which have been prepared by a professional individual or firm practicing architecture or engineering shall include the name and Wyoming license number of the responsible architect or engineer and bear their seal.

(i) Plans submitted must be prepared by a design professional registered to practice in Wyoming, unless otherwise exempted from professional plans preparation by Wyoming Statute or Agency Rule.

(ii) Plans submitted for fire protection systems and for fire detection and alarm systems, designed by a NICET III or greater professional, or a design professional registered to practice engineering in Wyoming. If the system is a manufactured, pre-engineered system, such evidence shall be submitted for verification.

(iii) Plans submitted for public or private fuel dispensing facilities or a Type I Commercial Hood System must be professionally designed or be pre-engineered by the manufacturer.

(iv) When determining the occupant load of a Family Child Care Home (FCCH), a Family Child Care Center (FCCC) or a Child Care Center (CCC), the floor area in square feet per occupant shall be calculated by using the occupant load factor of 35.

(d) An application to the Department shall be required for tank installations, commercial hood systems, fire protection sprinkler systems, fire alarm systems, and other fire suppression systems.

(e) Plans shall include site plan, drawn to scale, showing the property lines, streets and alleys, fire access roads, proposed building location, and any other structures on the site.

(f) Plans shall further include floor plans, drawn to scale, with all rooms identified, exterior elevations, wall, ceiling, floor and roof details and complete mechanical plans. Codes used for justification and their Edition shall be clearly indicated on the design.

(i) Electrical Designs: Sufficient information on the plans and in the specifications shall include but not be limited to, one line diagrams showing feeders, service and panels, panel schedules, location of all electrical equipment, devices, classification on hazardous areas, emergency systems, and short circuit current available at the supply terminals at the service equipment.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.2.10052023 § 2 Review

(a) The Department may upon its own initiative, or upon the request of the submitter, hold preliminary meetings with design professionals and building owners or the building owner's designated representative to discuss code issues relative to proposed projects.

(b) 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 commercial Type I hoods, fire alarm systems and fire sprinkler systems shall be submitted as deferred submittals after the initial plans are approved. The number of phases in the total project shall be clearly identified in the initial plan submittal. A phased plan submittal may be returned as unacceptable by the Department if it contains more phases than proposed in the initial submittal.

(c) The applicant shall make an application and submit plans and specifications electronically through the Department public e-portal.

(d) If it is determined by the Department that the plans received are incomplete, the applicant will be notified electronically of the required additional information.

(e) The plan review process shall begin after the Department determines the plans submitted contain sufficient information for a comprehensive plan review. After that determination is made, the plans shall be logged into the plan review database and status updated to "Plan Review Payment Pending".

(f) After having been logged in and status updated "Plan Review Payment Pending", the plans shall be assigned to a plans examiner for review. The review shall be completed within twenty-one (21) working days.

(g) If the plans contain items that must be corrected or clarified, a ‘Request for Information' letter shall be electronically transmitted to the submitter. The identified items shall be corrected and shall be resubmitted to the Department for review.

(i) If the applicant does not agree to correct the deficiencies, the applicant shall submit an objection, in writing, to the Department and request an appeal hearing before the Council pursuant to W.S. 35-9-106(c).

(h) When the Department approves the submitted plans, the plans and the specifications shall be stamped "APPROVED AS NOTED". Approved plans and specifications shall not be changed, modified, or altered without authorization of the Department relative to fire and life safety, mechanical or electrical code requirements, and all work, construction and installation, shall be performed in accordance with the approved plans.

(i) Upon receipt of payment and approval of submitted plans, a ‘Permit to Construct' shall be issued. An electronic copy shall be sent to the submitter.

(j) One (1) electronic copy of approved plans and specifications shall be retained by the Department. One (1) electronic set of plans shall be returned to the applicant and a hard copy shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress and a hard copy of the "Permit to Construct" shall be conspicuously posted. The review comments shall be attached to the applicant's plans and shall remain as a part of the plans. All hard copies shall be the responsibility of the submitter.

(k) Stamped plans marked "APPROVED AS NOTED" is not authorization, allowance or approval of the violation of any applicable code, law, or regulation.

(l) After a permit to construct is issued by the Department, construction shall commence within 180 days. After construction commences work shall not be suspended or abandoned for more than 180 days or the approval of plans and/or the electrical permit shall become null and void.

(m) The Department may, in writing, suspend or revoke acceptance issued under the provisions of the rules and regulations whenever the acceptance is issued in error or on the basis of incomplete or incorrect information.

(n) The Department may issue a temporary certificate of occupancy or temporary letter of compliance in cases where occupancy and use will not pose an unreasonable risk to persons using and occupying the premises. Such temporary certificates or letters shall be on the Department's letter-head or forms approved by the Fire Marshal or Assistant Fire Marshal. A temporary certificate or letter shall clearly list any and all outstanding code requirements to be completed before issuance of a permanent certificate of occupancy or letter of compliance will occur. A temporary certificate of occupancy or letter of compliance shall be signed by the Director or Deputy Director. The temporary certificate of occupancy shall also clearly state an expiration date when all code requirements are to be met.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.2.10052023 § 3 Fee Schedule

(a) When documents are submitted as required by W.S. 35-9-108, a plan review fee shall be paid with the submittal. Said plan review fee shall be as follows:

TOTAL VALUATION

FEE

$1.00 to $499.99

$36.61

$500.00 To $1,999.99

$36.61 for the first $500.00 plus $4.91 for each additional $100.00, or fraction thereof, to and including $1,999.99;

$2,000.00 to $24,999.99

$110.24 for the first $2,000.00 plus $22.33 for each additional $1,000.00, or fraction thereof, to and including $24,999.99;

$25,000.00 to $49,999.99

$623.64 for the first $25,000.00 plus $16.05 for each additional $1,000.00, or fraction thereof, to and including $49,999.99;

$50,000.00 to $99,999.99

$1024.80 for the first $50,000.00 plus $11.14 for each additional $1,000.00, or fraction thereof, to and including $99,999.99;

$100,000.00 to $499,999.99

$1581.98 for the first $100,000.00 plus $8.91 for each additional $1,000.00, or fraction thereof, to and including $499,999.99;

$500,000.00 to $999,999.99

$5147.90 for the first $500,000.00 plus $7.56 for each additional $1,000.00, or fraction thereof, to and including $999,999.99;

$1,000,000.00 and up

$8928.74 for the first $1,000,000.00 plus $5.79 for each additional $1,000.00, or fraction thereof.

Other Inspections and Fees:

1. Inspections outside of normal business hours…………… $103.76 per hour Minimum charge - 1 hour).

2. Re-inspection fees $103.76 per hour*.

3. Outside consultants for plan checking and inspections, or both.......Actual costs**.

*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

**Actual costs include administrative and overhead costs.

History

• Effective 2023-10-05

Chapter 3 Municipality/County Local Enforcement Authority

Wyo. Code R. 041.0003.3.10052023 § 1 Delegation of Enforcement Authority

(a) The delegation of local enforcement pursuant to W.S. 35-9-121(a) is contingent upon the maintenance of properly certified inspectors employed by the municipality or county for each purpose. Failure to maintain the properly certified inspectors, inspection authority shall revert pursuant to W.S. 35-9-121(a) (v).

(b) Inspection: Minimum Qualifications for Inspectors.

(i) Building Inspection: ICC Certified Commercial Building Inspector

(ii) Fire Inspection: ICC Certified Fire Inspector II

(iii) Life Safety Systems: Fire Inspector II

(iv) Electrical Inspections: ICC or IAEI Commercial Electrical Inspector and Residential Electrical Inspector and be currently Licensed by the State of Wyoming as a Journeyman Electrician. For State owned or Leased Facilities a current Wyoming Master Electrician License is required.

(c) The delegation of sole plan review authority pursuant to W.S. 35-9-121(b) is contingent upon maintenance of properly certified inspectors and plans examiners employed by the municipality or county for each purpose. Failure to maintain the properly certified plans examiners will result in cancellation of the sole authority pursuant to 35-9-121(b) of the jurisdiction. It is the responsibility of the municipality or county to inform the Department promptly of any lapse in required plans examiner certification.

(d) Plan Review: Minimum Qualifications for Plans Examiners

(i) Building: ICC Certified Building Plans Examiner

(ii) Fire Protection Systems: ICC Certified Fire Plans Examiner

(iii) Fire and Life Safety: ICC Certified Fire Plans Examiner

(iv) Electrical: ICC or IAEI Electrical Plans Examiner and a currently Wyoming Licensed Master Electrician.

History

• Effective 2023-10-05

Chapter 4 Special Deputy State Fire Marshals

Wyo. Code R. 041.0003.4.10052023 § 1 Definition

(a) Special Deputy State Fire Marshal means any person properly qualified and appointed by the State Fire Marshal to assist with his duties. Special Deputy State Fire Marshals serves without pay.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.4.10052023 § 2 Number

(a) The State Fire Marshal may appoint as many special deputies deemed necessary to serve the public interest.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.4.10052023 § 3 Appointment

(a) Appointment may be made verbally when necessary to facilitate and insure timely inspection or investigation. Such verbal appointments must be verified within forty-eight (48) hours in writing. All other appointments shall be in writing at the time of appointment.

(b) An appointee shall be certified in conformance with the requirements established by the Department.

(c) An appointee may be issued an identification card and certificate.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.4.10052023 § 4 Duration of Term

(a) The appointment term of a special deputy shall expire on January 1 following the year of issue. The appointment becomes invalid when withdrawn in writing by the Fire marshal, or when any qualification in W.S. 35-9-107(b) (iii) or this chapter is no longer satisfied.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.4.10052023 § 5 Powers

(a) The powers of a special deputy are limited to those necessary to conduct an effective inspection or investigation as assigned by Department. Any actions taken by the special deputy which exceed these powers are not binding on the Department.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.4.10052023 § 6 Report

(a) Special deputies shall submit a written report of observations, findings, and conclusions of each inspection or investigation permitted by this section. Reports shall be submitted to the Department within forty-eight (48) hours of completion of the inspection or investigation, unless more time is granted by the Department.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.4.10052023 § 7 Misrepresentation

(a) In the event a special deputy continues to act as a special deputy after an appointment has been terminated, or expires, or if a special deputy goes beyond the authority permitted by this chapter, the Department may institute appropriate legal proceedings.

History

• Effective 2023-10-05

Chapter 5 Fire Reporting

Wyo. Code R. 041.0003.5.10052023 § 1 Fire Reports; Responsibility

(a) The chief officer or designated representative of every fire protection jurisdiction in the state shall report all fires occurring that were reported or that required an emergency response. The report shall include all information required by the Department and the National Fire Incident Reporting System concerning the origin, facts and circumstances of the fire determined by investigation under W.S. 35-9-107 and W.S. 35-9-109. The report shall be submitted in a format approved by the Department. The report shall be furnished to the Department within one (1) week of the fire.

History

• Effective 2023-10-05

Chapter 6 Electrical Licensing

Wyo. Code R. 041.0003.6.10052023 § 1 Application and Renewal of Licenses

(a) License applications shall be submitted on the form provided by the Department and shall be accompanied by the appropriate fees as established by these rules. All information solicited shall be provided.

(b) Examinations are scheduled by contacting testing agency after approval by the Chief Electrical Inspector. Location and frequency of the examinations will be determined by the testing administrator.

(c) Approximately ninety (90) days prior to expiration, the Department shall send written notification of the approaching expiration of each license to the most recent known email address that the licensee has provided to the Department. The Department is not responsible for failure of renewal notice to reach applicant.

(d) The application for renewal for electrical contractors, low voltage contractors, and limited contractors must be completed and submitted to the Department no later than the last day of the month of the expiration of the license.

(e) In the case of contractors, the master acknowledgment of responsibility form shall be completed and the signature of the full time actively employed master electrician of record shall be notarized and returned with the application and the appropriate fee during the ninety (90) days preceding expiration. In the case of low voltage and limited electrical contractors, the technician acknowledgment of responsibility form shall be completed and the signature of the full time actively employed technician of record shall be notarized and returned with the application and the appropriate fee during the ninety (90) days preceding expiration.

(f) An electrician or technician who applies for renewal of his expired license within one hundred and eighty (180) days after its expiration and is otherwise entitled to renewal of his license shall have his license renewed by paying an additional fee of fifty dollars ($50.00).

(g) Any electrician or technician who fails to renew his or her license within one hundred and eighty (180) days of expiration must pay all applicable fees and pass the appropriate examination to reinstate his or her license.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.6.10052023 § 2 Temporary Work Permits

(a) Temporary permits to engage in the work of a journeyman electrician, low voltage technician, or a limited technician shall be issued to applicants who apply, furnish documented evidence of experience to qualify for the examination, and pay the required fees. Temporary work permits will not be issued to an apprentice electrician who is qualified to take the examination.

(i) A temporary work permit is valid no longer than 150 days after the date of issuance. The expiration date shall be printed on the temporary work permit.

(ii) A journeyman electrician who has let his or her Wyoming electrical license expire shall be allowed one work permit that will be valid for 30 days. The applicant must pay the required fees.

(iii) No more than one temporary work permit shall be issued to the same individual.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.6.10052023 § 3 Master Electricians, Journeyman Electricians, Low Voltage Technicians and Limited Technicians

(a) Electrically related classroom instruction, or time spent in electrical school, shall be documented with transcripts from a school or classroom training records from an apprenticeship program as approved by the Department or the United States Department of Labor.

(b) New or renewed master electrician, journeyman electrician, low voltage technician, and limited technician licenses are valid for no more than three (3) years, with master license, low voltage technician license, and limited technician license expiring July 1 and journeyman license expiring January 1. New licenses shall expire on the appropriate date no more than three (3) years after date of issuance.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.6.10052023 § 4 Apprentice Electricians, Apprentice Electrician Training Programs and Apprentice Technicians

(a) Any class, seminar, or course that is required by the Board as a part of the qualification for any electrician's license must have received approval from the Department for both the instructor and the course material prior to presentation of the class, seminar, or course.

(b) An apprentice electrician is any person working as an apprentice for a licensed electrical contractor and under the direct supervision of a licensed journeyman or master electrician.

(i) It is the responsibility of the electrical contractor employing apprentice electricians to register each with the Department within ten (10) days of hiring and to notify the Department within ten (10) days after termination.

(A) Prior to the initial apprentice electrician registration, or for apprentice electricians with prior work experience obtained outside the State of Wyoming, the following information shall be provided:

(I) Documentation of the total number of hours of all previous on-the job electrical work experience. Work shall have been governed by the minimum standards of the NEC, under the direct supervision or attestation of a licensed journeyman or licensed master electrician. A breakdown indicating number of hours obtained in residential, commercial and industrial work categories shall be included. Proof of work history shall be through notarized letters on company letterhead from past or present employers, or documentation on the state provided On the Job Training form.

(II) Documentation of the total number of hours of all previous electrically related classroom instruction obtained through schools or through approved apprenticeship programs. Electrically related classroom instruction, or time spent in electrical school, shall be documented with transcripts from a school or classroom training records from an approved electrical apprenticeship program.

(ii) Apprentice electricians will be required to renew their registration with the Department yearly on or before September 1.

(iii) A notification of registration renewal will be emailed to all registered apprentices to their last submitted email address approximately ninety (90) days prior to the renewal deadline.

(iv) Apprentice electricians applying to renew their registration with the Department shall provide proof to the Department of all experience and education completed since their license was last renewed.

(c) An application for electrical apprenticeship training program approval must be completed, submitted to the Department, and approved by the Wyoming Electrical Board or the Chief Electrical Inspector prior to employing apprentice electricians in the State of Wyoming. All information solicited by the Department on the application must be provided. Training programs which have previously received approval from the Bureau of Apprenticeship and Training, United States Department of Labor will be accepted. However, Bureau of Apprenticeship and Training approval is not required for an apprenticeship training program to receive approval from the Department.

(i) Whenever the Department denies an application for an electrical apprentice training program, the applicant may appeal such denial to the Board in accordance with the Rules and Regulations of the Board.

(d) Electrical contractors shall keep monthly records for each apprentice electrician which indicates the total number of hours of on-the-job work experience in the categories of residential, commercial, and industrial wiring. Monthly records shall also indicate the number of hours of classroom instruction obtained by each apprentice and the cumulative grade average for each apprentice electrician. These records shall be subject to review upon demand of the Department.

(e) The Department shall disapprove any electrical apprenticeship training program which does not possess or is not maintaining the required standards, as mandated by the Board.

(f) An apprentice technician is any person working as an apprentice for a licensed low voltage or limited electrical contractor and under the direct supervision of a licensed low voltage technician or licensed limited technician of the same license category.

(i) It is the responsibility of the low voltage or limited electrical contractor employing apprentice technicians to register each with the Department within ten (10) days of hiring, and to notify the Department within ten (10) days after termination.

(A) Prior to the initial apprentice technician registration, or for apprentice technicians with prior work experience obtained outside the State of Wyoming, the following information shall be provided:

(I) Documentation of all previous electrical work experience associated with the low voltage or limited category in which the apprentice technician will be employed. Work shall have been governed by the minimum standards of the NEC. Proof of work history shall be through notarized letters on company letterhead from past or present employers.

(II) Documentation of all previous electrically related classroom instruction obtained through schools or through apprenticeship programs. Electrically related classroom instruction, or time spent in electrical school, shall be documented with transcripts from a school or classroom training records from an electrical apprenticeship program.

(ii) Apprentice technicians will be required to renew their registration with the Department each year on or before September 1. A notification of registration renewal will be emailed to the last submitted email address to all registered apprentices approximately ninety (90) days prior to the renewal deadline. Apprentice technicians renewing their registration with the Department will be required to provide proof of the following:

(A) The total number of hours of on the job work experience obtained during the twelve (12) month period from July 1 of the previous year to June 30 of the current year. Work shall have been governed by the minimum standards of the NEC, under the direct supervision or attestation of a licensed low voltage technician or a licensed limited technician of the same license category. Documentation of work history shall be through notarized letters on company letterhead from past or present employers, or on the department provided form. It shall be the responsibility of the apprentice technician to provide proof of experience to the Department.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.6.10052023 § 5 Fee Schedules

(a) Fees for licenses, temporary work permits, examination applications, examination administrations, and apprentice registrations shall be established by State Statute.

(b) Examination fees shall be established by the testing agency designated by the Department, but in no case shall an examination fee exceed $300.00.

History

• Effective 2023-10-05

Chapter 7 Electrical Permits and Inspections

Wyo. Code R. 041.0003.7.10052023 § 1 Permits

(a) An electrical wiring permit shall be obtained prior to beginning any new construction or remodeling of any building, mobile home, or premises if the remodeling will require a public utility to connect or disconnect and restore electrical power. This section does not apply in municipalities and counties granted local enforcement authority for electrical safety standards under W.S. 35-9-121.

(b) Permits shall be obtained prior to the start of any installation requiring a permit pursuant to W.S. 35-9-120. Failure to obtain a permit prior to the starting of the electrical installation may result in criminal penalties as set forth in W.S. 35-9-130. Failure to obtain an electrical permit prior to the starting of electrical installation may result in revocation or suspension of Wyoming electrical license.

(c) Electrical permits may be obtained from the Chief Electrical Inspector, or may be made available through the local utility, local governmental agencies, or other entities, as determined by the Chief Electrical Inspector.

(d) A fee established by State Statute shall be paid for any electrical wiring permit issued by the Department. The electrical wiring permit fee shall be included in the fee for guaranteed inspections.

Section 2. Inspections.

(a) Requested electrical inspections shall be made within five (5) business days of the request by the electrical contractor, the general contractor, or the owner. Unless previous arrangements have been made, the person requesting the inspection shall pay for the inspection.

(b) Electrical inspections may be made for any electrical wiring permit issued. These inspections may be made at any time during construction, or within thirty (30) days after completion of the installation for which an electrical wiring permit or plan review was performed.

(c) When serious or hazardous conditions are discovered upon inspection, the permittee shall be notified by email or sent by certified mail return receipt requested or by regular mail with delivery confirmation service requested, which details the serious or hazardous conditions. A copy of the inspection report shall also be attached. The utility shall be copied with the same letter and report sent by certified mail return receipt requested or by regular mail with delivery confirmation service requested.

(d) Electrical permits for temporary power will be issued for a period of ninety (90) days as set forth in Article 305 of The National Electrical Code, unless the permittee requests a longer duration. An electrical wiring permit is required for a temporary service.

(e) All wiring permits issued to homeowners as contractors shall be a guaranteed inspection permit.

History

• Effective 2023-10-05

Wyo. Code R. 041.0003.7.10052023 § 3 Inspection Fees

(a) Residential fees as established by State Statute

(b) Commercial & Industrial fees as established by the Department

120/208 120/208

or 240v or 240v 480v over

1 Phase 3 Phase 3 phase 480v

60 amp $ 50.00 $ 50.00 $ 50.00 $ 50.00

100 amp 60.00 65.00 70.00 70.00

125 amp 70.00 75.00 80.00 82.50

150 amp 80.00 85.00 90.00 95.00

200 amp 100.00 105.00 110.00 120.00

225 amp 110.00 115.00 120.00 132.50

300 amp 130.00 140.00 150.00 170.00

400 amp 170.00 185.00 200.00 220.00

600 amp 220.00 250.00 270.00 320.00

800 amp 300.00 330.00 360.00 420.00

1000 amp 370.00 410.00 450.00 520.00

1200 amp 440.00 480.00 520.00 620.00

1600 amp 600.00 640.00 680.00 820.00

2000 amp 800.00 850.00 900.00 1020.00

2500 amp 1000.00 1050.00 1100.00 1270.00

3000 amp 1200.00 1250.00 1360.00 1520.00

4000 amp 1600.00 1700.00 1850.00 2020.00

5000 amp 2000.00 2150.00 2350.00 2520.00

History

• Effective 2023-10-05

115 State Emergency Response Commission

Chapter 1 WY Emergency Planning Districts

Wyo. Code R. 041.0004.1.05242006 WY Emergency Planning Districts

The State Emergency Response Commission Wyoming Emergency Planning Districts Rules

Chapter 1

WYOMING EMERGENCY PLANNING DISTRICTS

Section 1. Authority. These rules are written in accordance with the authority provided in Wyo.Stat. § 35-9-153(f) and pursuant to the requirements of the Wyoming Administrative Procedure Act, Wyo.Stat. § 16-3-101 et seq.

Section 2. Emergency Planning Districts established. The State Emergency Response Commission (SERC) hereby establishes twenty-three (23) local emergency planning districts in Wyoming.

(a) The jurisdictions of the local emergency planning districts shall correspond to the jurisdictions of the twenty-three (23) counties in the state.

(b) Each local district shall be named after its corresponding county (e.g. Albany County Emergency Planning District).

Section 3. Appointment of Local Emergency Planning Committees; membership; support.

(a) The SERC shall appoint members of the Local Emergency Planning committees (LEPCs) for each local emergency planning district.

(i) The SERC shall annually review the membership and activities of each LEPC.

(ii) The SERC shall annually report to the Governor on the activities of each LEPC.

(b) The membership of each LEPC shall include, at a minimum, representatives from each of the following groups or organizations:

(i) Elected state, tribal and local officials

(ii) Law enforcement, homeland security, firefighting, emergency medical services, health, local environmental, hospital and transportation personnel;

(iii) Broadcast and print media;

(iv) Community groups; and

(v) Owners and operators of facilities subject to the requirements of 42 U.S.C. § 11001 et seq., or if not applicable, an industrial-related representative.

(c) The SERC shall make every reasonable effort to ensure each LEPC is actively supported by each political subdivision in its jurisdiction.

Section 4. Effective date.

(a) These rules are effective when all required approvals have been granted as required by Wyo. Stat. § 16-3-101 through 16-3-115.

History

• Effective 2006-05-24

Chapter 2 Clandestine Lab Testing and Remediation

Wyo. Code R. 041.0004.2.09142010 Clandestine Lab Testing and Remediation

State Emergency Response Commission

CHAPTER 2

Clandestine Lab Testing and Remediation

Section 1. Definitions.

(a) Allowable Level (AL) ─ The Target Compound residue level that is permitted to remain in Normal Access Areas in a structure after testing and/or remediation.

(b) Allowable Level ─ Low Access Areas (AL-LAA) ─ The target compound residue level that is permitted to remain in Low Access Areas in a structure after testing and/or remediation.

(c) Clandestine Laboratory Operation (Clanlab) ─ A facility including but not limited to a residence, commercial building, or other structure or building, where a clandestine laboratory incident has been found to occur by law enforcement or where evidence exists that indicates same. Laboratories include those allegedly involved in the production of methamphetamine (meth), lysergic acid diethylamide (LSD), gamma- hydroxybutyrate (GHB), ecstasy (MDMA and its analogs including MDA, MDEA), aminorex, 4-methylaminorex, methaqualone, methcathinone, phencyclidine (PCP), fentanyl and its analogs or other drugs of abuse.

(d) Environmental Sampling Professionals (ESPs) ─ Persons who are qualified as described in Section 3 to perform assessment and sampling of Clanlabs.

(e) Individual Sewage Disposal System (ISDS) ─ An absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or disposing of sewage which is not part of or connected to a sewage treatment works.

(f) Low Access Areas ─ Attics, HVAC systems (ductwork, furnace, and other components), crawl spaces, and other areas that can be physically entered but are not normally occupied, or reasonably expected to be occupied, during use of the structure. Attics, crawl spaces, or other areas or portions thereof that have finished spaces or contain improvements that indicate usage above normal levels for the space are excluded.

(g) Non-Accessible Areas ─ Areas that cannot be accessed except by demolition of existing finishes or structure. For example, wall cavities (except where access doors exist), chimneys, areas under raised floors, and plenums above drywall, (but not plenums that can be accessed for example by removing a ceiling tile) and areas that cannot be accessed except by dismantling fixtures or similar items such as ceiling mounted lights, circuit breaker boxes, and electrical outlets.

(h) Non-Porous and Semi-Porous Surfaces and Items ─ Hard substrates such as concrete, drywall (painted or unpainted), vinyl, wood, glass, rubber.

(i) Normal Access Areas ─ Areas that are not Low Access Areas or Non- Accessible Areas.

(j) Porous Surfaces and Items ─ Fabric materials of cotton, wool and other generally permeable fabrics, as opposed to leather or vinyl and similar materials, and rough substrates other than non-porous and semi-porous surfaces.

(k) Structures ─ Facilities including but not limited to residences, commercial buildings, motels and hotels, other buildings including but not limited to sheds, barns, storage units or containers, and garages.

(l) Target compound ─ The compound that was allegedly intended to be produced in the Clanlab.

(m) Volatile Organic Compounds (VOCs) – Organic compounds that evaporate readily into the air. VOCs include substances such as benzene and toluene, which can be used in the manufacturing of methamphetamine.

Section 2. Restriction on Entry and Use.

(a) If an incident involving a Clanlab occurs, until such time as it is determined the site is safe for human habitation, the Incident Commander shall post or cause to be posted a hazardous conditions notice on all exterior doors and other entrances to the structure stating "Notice. This Property Has Been Determined to be a Potential Clandestine Drug Laboratory. No Entry Other Than By Authorized Personnel."

(b) No persons shall enter the building or parts thereof that have been involved in the incident except for the purpose of law enforcement, testing, remediation, or emergency purposes, and shall make entry with personal protective equipment in accordance with the employer's site specific written health and safety program.

Section 3. Qualifications and Training Requirements for ESPs.

(a) ESPs shall meet one of the following criteria:

(i) Possess current certification as a Certified Industrial Hygienist in Comprehensive Practice (CIH) from the American Board of Industrial Hygiene, or a Professional Engineer (PE) currently registered in the State of Wyoming, or,

(ii) Have the equivalent of two years full-time recent environmental sampling experience and perform any work under the direction and review of a CIH/PE employed by the same firm. The CIH/PE supervising the work is required to sign off on all reports required by this regulation.

(b) All ESPs shall be trained at a minimum in accordance with 29 CFR 1910.120 and shall have specific additional training in current clandestine laboratory hazards, sampling methodology, remediation techniques, and applicable regulations. Annual refresher training shall consist of eight hours of training in current clandestine laboratory hazards, sampling methodology, remediation techniques, and applicable regulations.

(c) ESPs and their employers shall not be an employee, agent, vendor, representative, partner, joint venture participant, shareholder, parent or subsidiary company for the purposes of a site remediation of the contractor who performs Clanlab remediation at that site. The ESP shall be retained only through the property owner, agent of the owner or other proper authority.

Section 4. Qualifications and Training Requirements for Remediation Contractors.

(a) Contractors and all employees who perform remediation of Clanlab operations shall be trained at a minimum in accordance with 29 CFR 1910.120 and shall have specific additional training in current clandestine laboratory hazards, remediation techniques, and applicable regulations. Annual refresher training shall consist of eight hours of training in current clandestine laboratory hazards, remediation techniques, and applicable regulations.

Section 5. Assessment of Potentially Contaminated Sites.

(a) A list of structures to be assessed shall be made for each site. If the Clanlab is reported to exist in a single family home, the assessment shall include the home and any other structure on the site that the person(s) who allegedly were involved in the Clanlab(s) may have had access to.

(b) If the Clanlab is reported to exist in multifamily housing (e.g., duplex, condominium, townhouse style dwellings), the assessment shall include the unit where the activity was reported to occur. In addition, adjacent areas shall be included in the assessment if clear pathways of migration exist between the alleged source area and adjacent areas, or if forced air heat or cooling is present and dividing walls that form an airtight barrier between the alleged source area and adjacent areas (including between connecting areas such as attics and crawl spaces) are not present. If adjacent areas are owned by parties other than the owner of the Clanlab, the owner/tenant of adjacent areas shall be contacted to request permission to access the units for sampling. If permission is not given within 30 days by the owner or tenant, the adjacent area(s) shall not be included in the assessment, but documentation including a copy of certified mail receipts to the address on record of the owner/tenant shall be included in the report. If permission is granted, the adjacent areas shall be included in the assessment. Adjacent units shall be construed to include only directly adjacent units (above, below and side by side) except when other units are served by a common ventilation system, in which case all areas served by the system that includes the source unit are included.

(c) If a Clanlab is reported to exist in non-residential spaces (e.g., storage units, commercial buildings, and any other), the assessment shall include all space to which the person(s) who allegedly were involved in the Clanlab(s) had access and spaces that are served by a common ventilation system that includes the source area.

Section 6. Sampling.

(a) Areas that require sampling.

(i) Normal Access Areas and Low Access Areas shall be sampled or presumed to have target compound residue levels above the AL or AL-LAA, respectively.

(ii) Non-accessible areas are not required to be sampled or remediated.

(b) Number of samples required in a Clanlab Assessment.

(i) The total area of the assessment shall be divided up according to zones based on mechanical ventilation systems if and where present. In each zone, the following minimum number of sampling locations is required. (Square footage (SF) refers to floor dimensions of the space). Samples may be from single locations or may be composite samples as described in section 6(e). Samples locations shall be chosen from randomly selected locations from different surfaces (e.g., floors, walls, ceilings, built-in components) and substrates (e.g., concrete, wood, drywall).

(ii) Zones consisting of one or more identifiable room(s) on an air handling system.

(iii) Zones that contain one identifiable room within a contiguous area that has no air handling system.

(iv) Zones that contain multiple identifiable rooms within a contiguous area that has no air handling system.

(v) Data interpretation.

(c) Sample Locations Selection.

(i) Structure Samples. Samples of the structure shall be collected from permanent (non-movable) non-porous and semi-porous surfaces in the quantity indicated under 6(b). The required number of samples shall be met not including any samples from locations on movable items (e.g., clothing or furniture) or on substrates that are known to have been installed since the person(s) who allegedly were involved in the Clanlab(s) accessed the structure.

(ii) Sampling of movable items.

(A) The structure and contents are presumed to have target compound residue levels above the AL prior to any testing performed. If the structure is tested and found be in compliance with the AL throughout the structure, movable items may be assumed to be in compliance. If the structure is in non-compliance throughout or in part, movable items may be assumed to be in non-compliance throughout, but may also be tested to determine whether they are in compliance. Movable items found outside the structure being assessed that are normally found or used inside structures shall be tested or assumed to be non-compliant.

(B) If movable items are tested, composite or single surface samples shall be collected from non-porous and semi-porous items. Movable items shall be sampled at a minimum of fifty locations to assess the movable items in a structure. If all samples indicate compliance, then all movable items may be deemed compliant and do not require remediation. If some items are in compliance and some in non-compliance, only those items that were sampled and found to have target compound residue levels below the AL shall be deemed in compliance. Porous building materials shall be assumed to be non-compliant if the structure in which they are located is non- compliant. For example, attic insulation shall be assumed to be non-compliant if the attic framing or decking is non-compliant, and carpet shall be assumed to be non-compliant if nearby walls or other permanent items are non-compliant. Porous movable items shall be assumed to be non-compliant if non-porous and semi-porous items are found to be non- compliant or in absence of testing of non-porous and semi-porous movable items, if the structure is non-compliant.

(d) Sampling of HVAC systems.

(i) Samples shall be collected from at least one supply duct, one return duct (if present) and in the furnace (if present) and may be a composite sample. Samples shall be collected from locations that appear to be representative of the dust level in the system.

(ii) Local exhaust ventilation systems shall be assumed to be non- compliant if the zone in which they are located is non-compliant or sampled to determine whether they are. Exhaust flues and chimneys are non-accessible areas.

(e) Use of Composite Sampling.

(i) Samples from individual locations can be combined into one composite sample for analysis. The result for a composite sample shall be interpreted to indicate the level of target compound residue present throughout the zone of the composite. The number of subsamples in one composite shall not exceed the number which can be analyzed within the laboratory's QA/QC limitations. Adequate recovery of the Target Compound(s) for the maximum number of subsamples in composites shall be verified by unknown spiked samples.

(f) Sampling for Lead and Mercury.

(i) If evidence indicates the possibility that amalgam methods were used to manufacture methamphetamine or other target compounds (e.g., the phenyl-2- propanone method, or any method that evolves mercury or lead residues), lead and mercury shall be additional Target Compounds for that Clanlab. A minimum of three mercury air samples shall be collected throughout the assessment area. Sampling for lead in dust shall comply with 40 CFR 745.227.

Section 7. Sampling Methods.

(a) All samples shall be collected using documented methodologies. Wipe samples for target compounds shall be collected following American Society for Testing and Materials (ASTM) D6661-01 or approved National Institute of Occupational Safety and Health (NIOSH) methods. Samples shall be collected using cotton gauze wetted with methanol.

(b) Sampling for mercury shall be performed following NIOSH 6009. However, analytical methods shall be sufficient to detect mercury in the form expected to be present, i.e., elemental or inorganic.

(c) Sampling methods for lead in dust shall be in accordance with 40 CFR 745.227.

(d) Screening for VOCs shall be performed prior to initial entry and later if required using a portable Photoionization Detector (PID) with 10.2 eV lamp or greater or by NIOSH method 1500.

Section 8. Sampling of ISDS, Soils, and Drain Traps.

(a) Where an ISDS exists that is connected to the facility being assessed, or may have been used for disposal of production wastes, it shall be tested as follows.

(b) Initial screening shall be performed with a portable Photoionization Detector (PID) with 10.2 eV lamp or greater or portable Flame Ionization Detector (FID) and field pH measurement. If PID or FID readings of 1 ppm or greater are obtained, or pH is measured at >8 or <5, a sludge sample shall be collected for laboratory analysis. Samples shall be collected at the following locations:

(c) Laboratory analyses shall be performed for hazardous characteristics using the following methods, or equivalent methods approved by the U.S. Environmental Protection Agency and/or Wyoming Department of Environmental Quality:

(d) Target compound sampling in ISDS is not required. If an ISDS is found to contain waste that is hazardous according to the above tests, or if VOCs are detected, the Wyoming Department of Environmental Quality shall be notified and shall be asked to determine requirements applicable to cleanup of the ISDS-related portion of the site.

(e) The land around the structures in the assessment shall be visually inspected for signs of waste disposal associated with the Clanlab, including residual chemical containers, stained soils or signs of chemical dumping, disposal into wells or surface water, and burn piles. Any signs of such disposal shall be documented. The Wyoming Department of Environmental Quality shall be requested to provide guidance on any soil or groundwater assessment and remediation as appropriate that shall be conducted in relation to the possible disposal.

(f) Sampling of ISDSs, Soils, and Drain Traps ─ Accessible drain traps in the building shall be screened with the PID or FID and field pH. If PID or FID readings of 1 ppm or greater or pH is measured at >8 or <5, requirements of the Department of Environmental Quality shall be followed.

Section 9. Analytical Methods.

(a) At a minimum, wipe samples shall be analyzed for the Target Compound(s). Field test kits that provide on-site results shall not be used for sampling or analysis.

(b) Laboratories performing any analytical work required by this regulation shall be accredited for analysis of the method by an appropriate accreditation organization.

(c) Analysis of methamphetamine samples shall use an Isotopic Dilution approach with the d-5, d-8, or d-14 deuterated methamphetamine as an internal standard and external calibration with methamphetamine. Analysis of other target compounds shall be performed by laboratory methods similar to methamphetamine analysis method, using GC/MS or LC/MS.

(d) Analysis for mercury shall be performed following NIOSH 6009. However, analytical methods shall be sufficient to detect mercury in the form expected to be present, i.e.,elemental or inorganic.

(e) Analysis for lead shall be performed in accordance with 40 CFR 745.227.

Section 10. Quality Control.

(a) Laboratories providing analyses required by this regulation shall have a written Quality Assurance (QA)/Quality Control (QC) program. A written summary shall be included in project reports. The minimum components of the laboratory QA/QC program shall include matrix blanks, matrix duplicates, and matrix spikes.

(b) Each batch of samples submitted to the lab by the ESP shall include, at a minimum, unknown spiked samples, field blanks, and field duplicates (side-by-side) at a frequency of 10% of total samples for each type. Unknown spiked samples and field blanks shall be made using the same media as used for sampling, in identical sample containers so that no features of the spiked or blank samples can be distinguished from field samples. Unknown spiked samples shall contain an amount of target compound between 10% and 1000% of the AL. The amount shall be known only to the ESP. Field blanks shall be prepared in the assessment structure in the same manner as field samples without contacting the media to any surface. The field QC samples shall be kept confidential from the lab by either reporting no area for any sample or reporting a standard area for QC samples.

(c) Batch QC fails if matrix spikes exceed +/- 20% of the performance limit or any detectable target compound is found on lab blanks, if field blanks contain more than 10% of the AL, or if unknown spiked samples deviate from known amounts by more than 30%. If batch QC fails, the zone(s) of assessment represented by the data batch shall be assumed to be non-compliant or shall be re-sampled.

Section 11. Remediation Procedures.

(a) If any Normal Access Area within a structure is found or assumed to contain Target Compound residues levels above the AL, the area shall be remediated to reduce the Target Compound concentration to a level below the AL prior to further use, entry, lease, renting, or occupancy. If any Low Access Area within a structure is found or assumed to contain Target Compound residues levels above the AL-LAA, the area shall be remediated to reduce the Target Compound concentration to a level below the AL-LAA prior to further use, entry, lease, renting, or occupancy. Part or all of the structure may be disposed of or demolished in lieu of remediation, in compliance with all other applicable regulations.

(b) The following procedures shall be used during remediation.

(i) Only qualified remedial contractors as defined in Section 4 shall be used to perform Clanlab remediation.

(ii) All work shall be performed in accordance with a written specification of the scope and methods to be used, prepared and stamped by the CIH/PE in advance of remediation.

(iii) The remedial contractor shall ensure that the structure(s) being remediated are secure from unauthorized entry throughout the remediation process until clearance is achieved.

(iv) Remediation supervision shall be provided by an experienced supervisor who is on-site at all times while work is being performed.

(v) Personal protective equipment shall be used in accordance with the employer's site specific written health and safety program.

(vi) Access points to the zone of remediation shall be labeled with appropriate signs indicating that Clanlab hazards exist within. They shall be barricaded with a triple z-flap entrance constructed of six-mil polyethylene.

(vii) The work area(s) shall be ventilated with four air changes per hour using a HEPA filtration system, exhausted outside the structure, when the remediation is producing airborne dust, or whenever remediation work is being performed adjacent to areas that are not contaminated. Existing ventilation systems shall be de-activated.

(viii) Any areas adjacent to the zone of non-compliance shall be sealed in a manner where no significant air movement will occur.

(ix) Any chemicals that may qualify as hazardous shall be handled, packaged, transported, and disposed of in accordance with federal, state and local requirements.

(x) All movable items and porous materials shall be removed unless sample results indicate that the residue level(s) on them are less than the Allowable Level(s).

(xi) Chemical oxidants shall not be used for initial cleaning unless manufacturer's data demonstrate that the product will reduce by-products to the same percent reduction as the Target Compound is reduced. However, if two cleanings are performed with non-oxidizing cleaning agents, and the average reduction from initial residue levels is at least 90% and no more than three times the AL in Normal Access Areas or AL-LAA for Low Access Areas, whichever is more stringent, then oxidants may be used for final cleaning.

(xii) If any surfaces were painted prior to clearance testing, the paint layer that was applied shall be removed or the substrate removed.

(xiii) Unless testing indicates no Target Compound is detectable, soils within areas that exceed allowable levels shall be removed to a depth of two inches and a vapor barrier installed or be removed to a depth that is below the target level.

(xiv) All waste materials, including but not limited to contents and demolition waste, shall be promptly containerized and disposed of in accordance with all applicable regulatory requirements. All haulers or handlers and landfills shall be notified in writing, and acknowledge receipt in writing, that the waste contains target compound residues. A receipt from the landfill shall be obtained to document the location where wastes were taken.

(xv) All plumbing systems shall be flushed clean with water.

(xvi) HVAC systems shall be cleaned or demolished (removed). If HVAC systems are cleaned for clearance testing, the following steps shall be used.

(A) A sketch of the system layout shall be prepared.

(B) All components of the system shall be cleaned by hand or with pneumatic or electrical agitators.

(C) Negative pressure with HEPA filtration shall be applied to a section of the ductwork prior to agitation.

(D) Portions of the ductwork system that are not comprised of sheet metal shall be opened and cleaned, e.g., joist spaces, drywall spaces, etc.

(E) A certification shall be prepared that all parts of the system as sketched were cleaned.

(F) The CIH/PE shall be notified that the structure is ready for clearance testing.

(xvii) After clearance sampling indicates that all portions of the facility that were part of the required remediation are in compliance, the CIH/PE shall notify the building owner and incident commander in writing. At that time, the incident commander shall determine if the warning signs shall be removed and the site declared remediated.

(xviii) The remedial contractor shall provide a project report to the CIH/PE for compilation with the sampling report including the following information: date(s) of work, method(s) of work, daily personnel sign-in logs, training certificates, all chemicals used, a narrative description of daily work completed, disposal methods, landfill location, copies of all disposal certificates, materials and items removed, sketches of HVAC system, certification that all work was performed in accordance with regulations and specification, certification that all parts of HVAC system were cleaned.

Section 12. Clearance Sampling.

(a) Clearance sampling shall be performed in the same manner as assessment sampling as qualified in this section.

(b) HVAC system clearance shall be performed by collecting Target Compound wipe samples from the furnace, one supply duct and one return duct if present. Sample locations in ductwork shall be randomly selected from areas that are not reachable from existing openings such as vents. Fresh openings for sampling shall be made using tin snips or other cutting means.

(c) Sample locations of the structure and any remediated movable items shall be randomly selected.

(d) Any repeat clearance sampling shall include locations that indicated failure as well as additional locations that were not previously sampled.

(e) If clearance sample data indicates that some part(s) of a structure are in compliance with the AL (or AL-LAA as applicable) and some are not, the following procedures may be used: 1) The whole structure may be re-cleaned and entirely re- tested. 2) The rooms or areas where clearance data indicates compliance may be sealed off from the rest of the structure, provided that egress during remediation does not require any re-entry to those areas, and the non-compliant areas may be re-cleaned and re-tested.

Section 13. Allowable Levels.

Section 14. Final reports.

(a) After all required remediation and sampling is complete, a final report shall be prepared, signed, and stamped by the CIH/PE summarizing all testing for the site. The report shall specifically include:

(i) Initial and clearance testing data.

(ii) Pertinent observations.

(iii) Sketches and photographs of pre-existing and final conditions documenting sample locations.

(iv) Remediation scope of work.

(v) Remediation work performed, as provided by the contractor.

(vi) Certification that the structures are in compliance with the clearance sampling requirements as of the date of the final assessment.

(b) This report shall be provided to the homeowner, the incident commander, the Wyoming Department of Health, and the Wyoming Office of Homeland Security. This report shall be retained by the owner and the CIH/PE for a period of no less than seven years.

Section 15. Due Process Standards.

(a) If a Clanlab is declared uninhabitable pursuant to W.S. § 35-9-156(d), the real estate owner shall be given notice and an opportunity to be heard as described in W.S. § 35-9-156(e) through (h).

(b) If a Clanlab is found to not pose an immediate and substantial threat to public health pursuant to W.S. § 35-9-159(d), the responding agency shall provide written notice to the real estate owner that he has ninety (90) days to remediate the property. The owner may appeal to the district court within sixty (60) days of the written notice. The responding agency's authority to take remediation action shall be stayed while the appeal is pending.

Section 16. Incorporated References.

(a) References and locations:

(b) This rule includes the cited incorporated reference as of the date indicated. No later amendments or editions are included.

(c) Copies of the incorporated references are available at the Wyoming Office of Homeland Security, Herschler Building, 1 East, 122 West 25th Street, Cheyenne, Wyoming 82002 at the cost of reproduction.

Section 17. Authority. These rules are adopted under the authority of W.S. 35-9-153(h) and (j).

History

• Effective 2010-09-14