048-20 Wyo. Code R. § 20-4 - Department of Health Jurisdiction
(a)W.S.
35-9-121.1. Health care facilities;
jurisdiction; delegation; rules.
(i) The
Department of Health has jurisdiction over all aspects of construction and
remodeling, except electrical installation, of any state licensed health care
facility as defined in W.S. W.S.
W.S.
35-2-901.
(ii) The fire safety code requirements for
the construction and remodeling of any state licensed health care facility
shall meet the minimum requirements established in the National Fire Protection
Association 101 Life Safety Code or any other code required to meet federal
fire and life safety certification. If any code requirements for federal
certification conflict with the code of any other state or local governmental
entity, the code required for federal certification shall prevail.
(iii) The Department of Health shall
promulgate rules and regulations for all aspects of construction and remodeling
of Health Care Facilities except electrical installation. For aspects of
construction and remodeling included in codes adopted by the Council pursuant
to W.S. W.S. 35-9-106, the rules and
regulations shall be based on and not exceed the standards of these codes
except where federal certification requirements dictate otherwise.
(iv) Upon written request from any county or
municipality, the Department of Health shall delegate plan review and
inspection responsibilities to the county or municipality that has personnel
who are certified pursuant to the applicable code. The Department of Health
shall transfer jurisdiction and authority by letter. The Department of Health
shall notify the governing body of the municipality or county of the minimum
standards and requirements under this section and W.S. W.S.
W.S.
16-6-501 and
16-6-502. The following shall
apply:
(A) Any municipality or county may
issue a certificate of occupancy for a health care facility. The certificate
shall reference any code applied to the construction or remodeling of the
facility;
(B) A municipality or
county which has enforcement authority under this subsection may create its own
appeals board to determine the suitability of alternate materials and types of
construction. If a municipality or county has not created an appeals board, the
Department of Health shall establish an appeals board which includes
representation from the Department of Health and the Council.
(v) After construction or
remodeling of any health care facility, the Department of Health shall have
jurisdiction over the fire and life safety inspections required for federal
certification.
Notes
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