Section 3-4 - Department of Health Jurisdiction (a) W.S. 35-9-121.1. Healthcare facilities; jurisdiction; delegation; rules. - (i) The Department has jurisdiction over all aspects of construction and remodeling, except electrical installation, of any state-licensed healthcare 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 healthcare 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) Upon written request from any county or municipality, the Department 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 shall transfer jurisdiction and authority by letter. The Department shall notify the governing body of the municipality or county of the minimum standards and requirements under this section, W.S. W.S. W.S. 16-6-501, and W.S. W.S. W.S. 16-6-502. The following shall apply:
- (A) Any municipality or county may issue a certificate of occupancy for a healthcare 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 shall establish an appeals board which includes representation from the Department and the Council.
- (iv) After construction or remodeling of any healthcare facility, the Department shall have jurisdiction over the fire and life safety inspections required for federal certification.