Administrative Rule Review Report  #AR11-057

Legislative Service Office

18-Oct-11

AGENCY: Council on Fire Prevention & Electrical Safety

DATE SUBMITTED: 10/5/2011

SUBJECT: Chapter 1, General Provisions; Chapter 2, Building Construction Plan Review; Chapter 3, Municipality/County Local Enforcement Authority; Chapter 4, Special Deputy State Fire Marshals; Chapter 5, Fire Reporting; Chapter 6, Electrical Licensing; Chapter 7, Electrical Permits and Inspections

NATURE OF RULES:                   Legislative and procedural.

STATUTORY AUTHORITY:        W.S. 35-9-106

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION

SUBMITTED BY THE AGENCY TO LSO:  Apparently complete to date.  Notice of the proposed adoption of the new rules was provided by the LSO as required by W.S. 28-9-103(d). The agency did not receive any comments with regard to the content of the rules.

SUMMARY OF RULES:      In 2008, the Management Audit Committee recommended several changes to the structure of the Department of Fire Prevention and Electrical Safety, the Electrical Board and the Council on Fire Prevention and Electrical Safety to more clearly define the roles of each entity.  In 2009 legislation was passed that provided for this restructuring.  These rules (in conjunction with rules promulgated by the Electrical Board and the Department) do not change the requirements for building construction plan reviews but clarify that such plan reviews are to be submitted to the department for consideration.  These rules also clarify that decisions by the department may be appealed to the Electrical Board or Council, depending on the issue.   These rules provide the process by which the Council will hear appeals from decisions made by the Department of Fire Prevention and Electrical Safety. 

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.

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Lynda Cook

Staff Attorney

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David K. Gruver

Assistant Director