027-1 Wyo. Code R. §§ 1-4 - Definitions

The following definitions shall prevail in these rules.

(a) "Agency" means any state office, department, board, council, commission, separate operating agency, institution, or other instrumentality or operating unit of the state unless that entity is specifically exempted from the jurisdiction and authority of the Commission per statute and rules adopted pursuant to statute in accordance with W.S. 9-5-106(a) and 9-5-106(c). Counties, cities, towns, and municipalities are not instrumentalities of the state for the purposes of these rules.

(b) "Alteration" means remodeling, improving, extending, or making other changes to a facility, including the movement of groups of personnel or state agencies between assigned office space, but excluding preventive maintenance repairs. The term includes planning, engineering, architectural work, and other similar actions.

(c) "A&I" means the State of Wyoming, Department of Administration and Information.

(d) "Business day" means any day other than Saturday, Sunday or a legal holiday in this state as designated in W.S. 8-4-101;

(e) "Capitol Extension" means the underground extension from the Capitol Building to the Herschler building, but does not include the Herschler building from the ground level up.

(f) "Chairman" means the Governor of the State of Wyoming or, upon the Governor's designation, an alternate Commission member.

(g) "Construction Management" means the State of Wyoming, State Construction Department, Construction Management Division.

(h) "Commercial activity" means an activity undertaken for the primary purpose of producing a profit for the benefit of an individual or organization organized for profit. Activities incidental to the primary purpose of expressing ideas or advocating for or against causes are not commercial activities for purposes of these rules.

(i) "Commission" means the Wyoming State Building Commission.

(j) "Constitutional Carry" means the carrying of a concealed firearm in a manner conforming with the provisions of W.S. § 6-8-104(a)(iv).

(k) "Contract security officer" means a person hired to provide security in any public building and includes persons hired to provide security at events, but does not include such a person when he or she is off duty and is not actively working in his or her capacity as a contract security officer.

(l) "Cost replacement value" or "CRV" means the amount that an agency would have to pay to replace an asset at the present time, according to its current worth.

(m) "Current appraised value" means the value of State-owned real property as assessed by a professional real estate appraiser within twelve (12) months of the intended disposition of the real property.

(n) "Dangerous weapon" means all items described in W.S. § 6-1-104 (a)(iv) and any other implement or device capable of being used as a deadly weapon that has no reasonable use related to government business. Ordinary pocket knives not exceeding seven (7) inches in overall length when open are not considered a dangerous weapon under this rule.

(o) "Emergency" includes, but is not limited to, bombings and bomb threats, civil disturbances, fires, explosions, electrical failures, epidemics, loss of water pressure, chemical and gas leaks, medical emergencies, tornadoes, floods, winter storms, accidents, hail storms, and earthquakes.

(p) "Public Event" includes protests, picketing, speechmaking, marching, holding vigils or religious services, press conferences, historical reenactments, celebrations, entertainments, exhibitions, parades, fairs, pageants, sporting events, and all other similar activities that involve the communication or expression of views or ideas, that are engaged in by one or more persons, the conduct of which has the effect, intent, or propensity to draw a crowd or onlookers. "Public Event" also includes a temporarily attended or unattended display presented by members of the public, including, but not limited to, sculptures, photographs, public interest demonstratives, public service, and educational presentations, and historic displays. "Public Event" does not include casual use of State Capitol Properties by visitors or tourists, governmental use by State employees or elected officials acting in their official capacities, including members of the legislature, nor Primarily Personal Events such as weddings, funerals, private receptions, and birthday parties.

(q) "Fair market value" means the estimated price on the open market that a purchaser would be warranted in paying and a seller justified in accepting provided both parties were fully informed and acted intelligently, independently, and voluntarily.

(r) "General Services" means the State of Wyoming, Department of Administration and Information, General Services Division.

(s) "General Services Administrator" means the administrator of the General Services Division of the Department of Administration & Information.

(t) "General Services Purchasing Section" means the State of Wyoming, Department of Administration and Information, General Services Division, Purchasing Section.

(u) "Life cycle cost" is the total cost of owning, operating, and maintaining a building over its useful life, including its fuel and energy costs, determined by systematically evaluating and comparing alternative building systems. In the case of leased buildings, the life cycle cost shall be calculated over the effective remaining term of the lease.

(v) "Maintenance" means the upkeep of property only to the extent necessary to offset deterioration. Maintenance includes:

(i) Maintaining utility systems (such as electrical systems, water supply and sewage systems, heating, and plumbing), doors, windows, walls, roofs, parking lots, sidewalks, landscaping, building foundations, signage, walls, and air-conditioning equipment;

(ii) Maintaining equipment and fixtures necessary for fire protection;

(iii) Addressing the interim tenants' needs, and needs of personnel employed at the site; and

(iv) Addressing any special or particularized requirements for preserving certain types of equipment unique to the facility.

(w) "Major maintenance" means "major building and facility repair and replacement" as that phrase is defined in W.S. § 9-5-107(h).

(x) "Management" means safeguarding the State's interest in property in an economic manner consistent with best business practices.

(y) "Nationally recognized standards" encompasses any standard or modification thereof that has been adopted and promulgated by a nationally recognized standards-producing organization.

(z) "Nonprofit organization" means an organization identified in 26 U.S.C. § 501(c).

(aa) "Occupant agency" means an agency authorized to own or occupy a facility that is under the Commission's statutory jurisdiction. For common areas, such as meeting rooms and lobbies, in buildings with more than one occupant agency, A&I is deemed the occupant agency. The Legislative Service Office and Judicial Council may assume the rights and authorities of an occupant agency or an agency for purposes of Public Events permitted in accordance with Chapter 6 of these Rules.

(bb) "Permitted carry" means the carrying of a concealed firearm with a permit issued pursuant to W.S. § 6-8-104(a)(ii) or (iii).

(cc) "Primarily Personal Event" means any event that is inherently of a primarily private nature or one to which the general public is not invited. This includes, but is not limited to, weddings, funerals, private receptions, and birthday celebrations. "Primarily Personal Event" does not include events hosted by private parties for the benefit of governmental parties, but which are not open to the general public.

(dd) "Protection" means providing adequate measures to prevent and extinguish fires, special inspections to determine and eliminate fire and other hazards, and guards to protect property against theft, vandalism, and unauthorized entry.

(ee) "Public area" means any area of a public building under the Commission's control and custody and any area of a public building occupied by the Legislature or Judiciary to the extent the legislative Management Council or Judicial Council has concurred per W.S. 9-6-106(d)(i)-(ii) that is ordinarily open to the public or is designated by the occupant agency as open to members of the public pursuant to Chapter 6 § 12 of these rules. Examples may include lobbies, courtyards, auditoriums, and meeting rooms.

(ff) "Public building" means any building that is subject to the jurisdiction of the Commission, including buildings that the State leases or acquires under General Services' leasing and purchasing authority and facilities occupied by the Legislature and Judiciary to the extent the legislative Management Council or Judicial Council has concurred per W.S. § 9-5-106(d)(i) -(ii).

(gg) "Real property" means any interest in land together with the improvements, structures, and fixtures located thereon and appurtenances thereto under the control of any agency that occupies a building subject to the Commission's rulemaking authority for operating, managing, and using public buildings under W.S. § 9-5-106(a).

(hh) "Repairs" means additions or changes necessary to protect and maintain property, deter or prevent excessive or rapid deterioration or obsolescence, and restore property damaged by storm, flood, fire, accident, earthquake, or other incident, and does not include demolition.

(ii) "SCD" means the State of Wyoming, State Construction Department.

(jj) "Secretary" means the administrator of the Construction Management Division of the State Construction Department.

(kk) "Security Personnel" means any persons employed by, under contract with, or on loan to the State of Wyoming to provide security services to Public buildings, including but not limited to Wyoming Highway Patrol, Contract security officers, and other peace officers.

(ll) "State Capitol Properties" means the Capitol Complex as that term is defined in W.S. § 9-5-101(e)(i), the Emerson Building, and the related parking lots and parking facilities with each separate location being referred to as a "State Capitol Property."

Notes

027-1 Wyo. Code R. §§ 1-4

Adopted, Eff. 2/9/2022. Amended, Eff. 3/19/2025.