reglab/housing_qa huggingface dataset:
WV Code § 16-34-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-4. Special Licensure Requirements

(a) No licensed radon mitigation contractor may do any of the following:(1) Perform radon mitigation without the direct on-site supervision of a licensed radon mitigation specialist;(2) Provide radon testing other than through the employment of a licensed radon tester or mitigation specialist;(3) Provide advice regarding radon testing, radon exposure or the health risks associated with radon exposure other than through the employment of a licensed radon tester or mitigation specialist; or(4) Provide advice regarding radon mitigation or radon entry routes other than through the employment of a licensed radon mitigation specialist.(b) (1) No licensed radon tester, licensed radon mitigation specialist or licensed radon mitigation contractor involved in the testing of a particular building, or in the provision of advice with respect to a particular building may be involved in the performance of mitigation on that building unless the contract for mitigation is in writing and clearly and conspicuously states both of the following in language approved by the director:(A) That the radon tester, mitigation specialist or mitigation contractor was involved in the testing or provision of advice that led to the mitigation contract; and(B) The advantage of long-term testing and the value of a second opinion as ways to verify testing results and to assure that the proposed mitigation is appropriate, especially when the mitigation is to be performed by the tester, mitigation specialist or mitigation contractor that was involved in the testing or provision of advice that led to the mitigation contract.(2) For purposes of this subsection, a radon tester, mitigation specialist or mitigation contractor involved in testing or providing advice with respect to a particular building will be considered to be "involved in the performance of mitigation on that building" if he or she has any ownership interest in, or has any contractual or employment relationship with, the individual or entity providing the mitigation.(c) No licensed radon tester, licensed radon mitigation specialist or licensed radon mitigation contractor may perform radon testing or mitigation or provide any advice related to radon, radon testing or radon mitigation unless it is performed in accordance with the requirements of this article and the rules adopted under this article.(d) No licensed radon tester, licensed radon mitigation specialist, licensed radon mitigation contractor or licensed radon laboratory may violate any requirement of this article or any rule adopted under it.
WV Code § 16-34-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-6. Rules

(a) To protect the health of individuals inhabiting, occupying or frequenting buildings, the Department of Health and Human Resources shall adopt rules to implement the requirements of this article. All rules adopted under this section shall be adopted in accordance with article three, chapter twenty-nine-a of this code.(b) The secretary shall adopt rules:(1) Establishing criteria and procedures to be followed in issuing and renewing licenses to radon testers, mitigation specialists or mitigation contractors, as well as the fees for the licenses. The rules may require that all applicants for licensure as a radon tester or mitigation specialist pass an examination. If an examination is required, the rules may require applicants to pass an examination conducted by the division of health or by a training center accredited by the director;(2) Establishing criteria and procedures to be followed in approving and accrediting training courses under section five of this article. The rules shall require the participants in training courses to pass an examination conducted by the operator of the course;(3) Establishing criteria and procedures in approving and licensing radon laboratories;(4) Establishing standards to be followed by licensed radon testers, mitigation specialists, mitigation contractors and radon laboratories for the prevention of hazards to the public health, including standards for worker protection, record keeping and the training of employees or radon testers and mitigation contractors;(5) Establishing procedures to be followed by an individual business entity or government entity licensed by another state to practice as a radon tester, mitigation specialist, mitigation contractor or radon laboratory in providing notice to the director prior to commencing practice in this state pursuant to section three of this article; and(6) That require licensed radon testers and mitigation specialists to report to the director, by street address, radon test results. The rules shall require the reporting of the identity of the radon laboratory involved, screening measurements, follow-up measurements, postmitigation measurements and, if it is known that mitigation was performed, the methods of mitigation that were used. Any information required to be reported to the director under the rules is not a public record and shall not be released except in aggregate statistical form.
WV Code § 16-34-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-7. Complaints

(a) Any individual, business entity or government entity may file a complaint with the director concerning any radon tester, mitigation specialist, mitigation contractor or a radon laboratory or a training course approved under section six of this article. The complainant's name shall be confidential and shall not be released without his or her written consent. The director shall investigate complaints and take action under this article.(b) If a radon tester, mitigation specialist, mitigation contractor or radon laboratory violates any rules promulgated pursuant to this article and as a result of the violation harms or injures in any manner an individual or business entity, that radon tester, mitigation specialist, mitigation contractor or radon laboratory shall be considered to have committed an unfair act or practice within the meaning of section one hundred four, article six, chapter forty-six-a of this code.
WV Code § 16-34-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-8. Licensed Tester, Mitigator and Contractor List

The director shall maintain a list of all licensed radon testers, mitigation specialists, mitigation contractors and radon laboratories located in the state. On request, the director shall provide a copy of all or part of the list to any individual, business entity or government entity. The director shall not impose a charge for providing the copy that exceeds the actual and necessary expense of copying it.
WV Code § 16-34-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-9. Record Keeping and Confidentiality

(a) The director, any employee of the Department of Health and Human Resources, or any individual, business entity or government entity with which the director enters into an agreement under subdivision (3), subsection (k), section 5 of this article, shall not release information collected pursuant to this article concerning a specific building used as a private residence or the real property upon which it is located to anyone other than the owner or occupant of the building or real property without his or her consent: Provided, That the director may release information if he or she determines that the release is necessary for use in conducting legitimate scientific studies or the information is released in summary statistical or other form that does not reasonably tend to disclose the address of the building or real property or the identity of the owner or occupant.(b) The division of health shall maintain information pursuant to this article and the rules adopted under this article for at least three years. The division may destroy any information that it has maintained for three years.
WV Code § 16-34-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-10. Special Revenue Account

The funds collected from the fees applicable in this article shall be deposited in a special revenue account in the State Treasury to be used by the secretary and dedicated to the purposes of this article which include, but are not limited to, licensing, training, enforcement and program development for radon.
WV Code § 16-34-11 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-11. Reciprocity

The director may set standards for accepting licenses issued by other states. The director may grant licenses to individuals from other states if that other state has licensing requirements which are as stringent as the licensing requirements in this state.
WV Code § 16-34-12 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-12. Records Review

If the director requests to examine records, no licensed radon tester, mitigation specialist, mitigation contractor or operator of a radon laboratory or a training course approved under section six of this article shall fail to make available to the director any records pertinent to the activities regulated by this article and rules adopted under it.
WV Code § 16-34-13 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-13. Reprimands; Suspension or Revocation of License; Orders; Hearings

(a) The director shall suspend or revoke the license of or reprimand a radon tester, mitigator, contractor or laboratory if the licensee:(1) Fraudulently or deceptively obtains or attempts to obtain a license;(2) Fails at any time to meet the qualifications for a license or to comply with the requirements of this article or any applicable rules adopted by the secretary;(3) Fails to meet applicable federal or state standards for radon testing or radon mitigation; or(4) Employs or permits an individual without a radon tester's license or a radon mitigator's license to supervise work on a radon project.(b) The director shall investigate all alleged violations reported to the division of health. Upon the finding of a violation in connection with any project involving radon testing or mitigation, the director shall issue a cease and desist order directing that all work be halted immediately. Where practicable, the director shall deliver a copy of the order by certified mail, return receipt requested, to the radon tester and radon mitigator.(c) Hearings regarding violations of this article shall be conducted in accordance with the administrative procedures act of chapter twenty-nine-a of this code.
WV Code § 16-34-14 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories|§16-34-14. Penalties

Any person violating any of the provisions of this article, or any of the rules or orders issued pursuant to this article, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $250 for each violation.
WV Code § 16-35-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-1. Short Title

This article may be cited as the West Virginia "Lead Abatement Act."
WV Code § 16-35-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-2. Legislative Findings

(a) The Legislature hereby finds and declares that:(1) Lead is a toxic substance and harmful to the citizens of this state;(2) Lead poisoning is a devastating health hazard, particularly to young children, and results in serious long-term health effects;(3) Children exposed to even low levels of lead exhibit learning disabilities, decreased growth, hyperactivity, deafness or hearing difficulties, and neurological damage;(4) Workers and others who come into contact with lead when removing or remediating lead-based materials are also at risk of lead poisoning;(5) Exposure occurs from contact with materials containing lead, including, but not limited to, lead-based paint chips, lead dust, and lead-contaminated soil;(6) The most significant source of exposure is lead-based paint, particularly in houses built prior to one thousand nine hundred seventy-eight;(7) The danger posed by lead-based paint hazards can be controlled by abatement or interim controls that limit exposure to lead-based paint hazards; and(8) The public health and safety of this state will be better protected when all persons who handle lead-contaminated substances are thoroughly trained and knowledgeable regarding safe methods of handling and disposing of such materials.(b) Therefore, It is the purpose of this article to protect the health of the children of the state and those who undertake remediation of the lead health hazard by establishing guidelines for the assessment and removal of lead hazards from homes and other buildings where children are frequently present and exposed to the danger of lead poisoning.
WV Code § 16-35-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-4. Powers and Duties of the Director

The director shall administer and enforce this article, and has the following powers and duties:(1) To propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to carry out the requirements of this article, including, but not limited to, abatement personnel training guidelines, procedures for the issuance and renewal of lead discipline licenses, establishment of all fees necessary to pay for the implementation and enforcement of this program, and the regulation of lead abatement projects;(2) To issue, suspend and revoke lead discipline licenses, regulate lead abatement projects, and assess fees and civil penalties pursuant to this article and the rules promulgated hereunder;(3) To promulgate any emergency rules necessary to gain federal approval of the state lead abatement program in accordance with section three, article fifteen, chapter twenty-nine-a of this code;(4) To accredit training providers, training courses, examiners, examinations, and grading systems developed for licensing disciplines pursuant to this article;(5) To order reduction or abatement of identified lead hazards when they may result in child lead poisoning; and(6) To develop a public awareness campaign on the dangers of lead poisoning and to promote public education of the requirements of this article.
WV Code § 16-35-4a (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-4a. Duty of Director to Establish Program for Early Identification of Lead Poisoning in Children

(a) The director shall establish a program for early identification of cases of lead poisoning. The program shall include a systematic screening of all children under six years of age for the presence of lead poisoning. The director shall, after consultation with recognized professional medical groups and such other sources as he deems appropriate, propose legislative rules establishing: (1) The means by which and the intervals at which children under six years of age shall be screened for lead poisoning; and (2) guidelines for the medical follow-up of children found to be lead poisoned. Such identification program shall, to the extent that all children residing in this state are not systematically screened, give priority in screening to children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have recently been reported or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found. If the director is informed of any person having a medically confirmed elevated blood-lead level, the director shall cause to have screened all other children under six years of age, and such other children as he or she finds advisable to screen, residing or recently residing in the household of the victim, unless the parents of such child object to the screening because it conflicts with their religious beliefs and practices. The results of the screenings shall be reported to the director, to the person or agency reporting the original case and to such other persons or agencies as the director deems advisable.(b) The director shall maintain comprehensive records of all screenings conducted pursuant to this section. The records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The records shall be public records, except that the names of screened individuals may not be public. A summary of the results of all screenings conducted pursuant to this section shall be released quarterly, or more frequently if the director so determines, to all interested parties.(c) All cases or probable cases of lead poisoning, as defined by legislative rule proposed by the director, found in the course of screenings conducted pursuant to this section shall be reported immediately to the affected individual, to a child's parent or legal guardian if the child is a minor, and to the director. The director shall inform such persons or agencies as the director determines is advisable of the existence of the case or probable case of lead poisoning.
WV Code § 16-35-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-5. Lead Discipline License Required

(a) It is unlawful for any individual to carry out any lead-risk assessment, inspection or abatement activity for which he or she does not hold an appropriate lead discipline license.(b) To qualify for a lead discipline license an applicant shall:(1) Satisfactorily complete a state-accredited training course for a lead discipline and receive a passing grade on an examination administered by a state-accredited examiner; and(2) Meet the requirements set forth by the director in legislative rule.(c) Applicants for a lead discipline license shall submit to the division an application and certificate that show satisfactory completion of a training course for a lead discipline and pay the applicable fee to the division.(d) The director may deny a license if the applicant fails to comply with the application procedures or to satisfy the licensure criteria or to pay the fee. The director shall provide written notice of such denial and an opportunity for reapplication.(e) The director may grant lead discipline licenses to individuals licensed or certified in another jurisdiction if its requirements are at least as stringent as West Virginia's requirements.
WV Code § 16-35-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-6. Lead Abatement Contractor's Duties

A lead abatement contractor shall:(1) Ensure that each of his or her employees or agents who will come in contact with lead or who will be responsible for a lead abatement project is licensed as required by this article;(2) Ensure that each lead abatement project is supervised by a licensed lead abatement supervisor;(3) Maintain sampling records for each contained work area of a lead abatement project until it meets the minimum clearance standards established by the director before allowing reoccupancy; and(4) Keep a record of each lead abatement project and make the record available to the division and the divisions of commerce, labor, and environmental protection upon request. Records required by this subsection shall be kept for at least three years and shall include at a minimum:(A) The name, address and license number of the individual who supervised the lead abatement project and each employee or agent who worked on the project;(B) The location and design of the project, if applicable, and the amount of lead-containing material that was removed;(C) The starting and completion date of each project and a summary of the procedures that were used to comply with all federal and state standards; and(D) The name and address of each disposal site where lead-contaminated waste was deposited and the disposal site receipts.
WV Code § 16-35-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-7. Exemptions From Notification and Licensure

(a) Homeowners performing lead abatement or interim abatement controls on their single unit owner-occupied housing are exempt from the requirements of this article: Provided, That the provisions of this section do not apply to any residential dwelling occupied by a person or persons other than the owner or the owner's immediate family as well as to any residential dwelling where a child with a documented elevated blood lead level resides.(b) Abatement does not include renovation, remodeling, landscaping or other activities, when the purpose of such activities are not intended to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement also does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently reduce lead-based paint hazards.(c) The provisions of this article do not apply to lead-hazard reduction activities or to persons performing such activities when such activities are performed wholly within or on an industrial facility and are performed by persons who are subject to the training requirements of OSHA: Provided, That the provisions of this article do apply to any child-occupied building or area such as a child day care center located at an industrial facility.
WV Code § 16-35-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-8. Notification of Elevated Blood-Lead Levels Required

The director may, by legislative rule, establish requirements for laboratories and lead abatement contractors for mandatory reporting of any persons medically confirmed elevated blood-lead level.
WV Code § 16-35-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 35. Lead Abatement|§16-35-9. Notification of Lead Abatement Projects Required

Each owner or other person responsible for the operation of a building, facility, residence or structure where a lead abatement project is to occur shall notify the division in the time specified by the director prior to commencement of each lead abatement project, and comply with all applicable state and federal regulatory requirements for a lead abatement project.