Administrative Rule Review Report  #AR08-003

Legislative Service Office

07-January-2008

 

AGENCY:                                 Department of Fire Prevention & Electrical Safety, Council on Fire Prevention & Electrical Safety.

 

DATE SUBMITTED:                  December 31, 2008.

 

SUBJECT:                                 Chapter 1, Sections 1-4; Chapter 2, Sections 1-3;

                                                Chapter 3, Section 1; Chapter 4, Sections 2, 4, 5, 6, 7,

                                                8; Chapter 5, Section 1; Chapter 6, Sections 2, 4 and 5,

                                               Fire Prevention and Electrical Safety.

 

NATURE OF RULES:                     Legislative and Procedural.

 

STATUTORY AUTHORITY:         W.S. 35-9-106 and 16-3-101 et seq.

 

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  No comments were received during the public comment period.

 

SUMMARY OF RULES:  The Department of Fire Prevention and Electrical Safety adopted rules to make grammatical changes to the existing rules of the Council on Fire Prevention ("rules"); to update the rules to be consistent with and to properly reference the newly revised building codes; to include the applicable appendixes to the International Fire Code; to replace "State Fire Marshal" with "Department" throughout the Rules; to add a definition of "factory built housing" and "HUD code;" to clarify the definition of "General Plan Review Correction List," "mobile home," "plans" and "valuation;" to remove the definition of "manufactured home;" to establish that fire protection sprinkler system and fire alarm system design plans can be submitted electronically under defined conditions; to clarify the submission and review of plans and update what the applicant must provide; to specify when plans shall be logged into the plan review data base; to clarify the process for correcting plans; to clarify how plans are marked and handled when approved; to clarify the designation of qualified designers of installed fire protection systems; to update the plan review fee schedule; to change the section of the Uniform Building Code referenced for reinspection fees; to change the form of acceptable plan review applications; under Appeal Procedures to add that the appeal packet will be forwarded to each member of the Council and to add that all deliberations will be done in an open meeting.

 

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

 

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

 

 

                                                            _______________________

                                                            Ian Shaw

                                                            Staff Attorney

 

                                                            _______________________

                                                            David K. Gruver

                                                            Assistant Director