A city in Wyoming refused to issue a certificate of occupancy to a hotel because the owner failed to install a fire alarm system. The plaintiff, the contractor, submitted renovation building plans to the city stating that a fire sprinkler system would be installed consistent with NFPA Standard 13. The plans stated that no new fire alarm system would be installed in the business area; however, the plans did not say whether a fire alarm system would be installed in the new guestrooms to be constructed. The city granted the plaintiff a building permit for the renovations, along with a “plan review report” advising that “fire sprinkler system plans shall be submitted for review prior to installation” and “smoke alarms shall be installed per IBC Section 907.2.10.” The report said the issuance of a permit wouldn't prevent the city from requiring the correction of errors or from preventing building operations being carried on when in violation of any ordinance, rule or regulation.
The plaintiff submitted fire sprinkler system plans to the city, which the city approved. In the same month, a city inspector performed a “rough-in inspection” and raised the need to install a fire alarm system. A dispute arose between the plaintiff’s representative and the city inspector as to whether or not the plaintiff’s representative was advised to install a fire alarm system.