reglab/housing_qa huggingface dataset:
WV Code § 29-3B-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3B. Supervision of Electricians|§29-3B-8. Effect of Noncompliance With Article; Failure to Obtain License

Any person, firm, corporation, or employee thereof, or any representative, member, or officer of such firm or corporation, individually, entering upon or engaging in the business of performing any electrical work as defined in this article, without obtaining the required license or otherwise complying with this article, for the first offense shall be fined not less than $100, nor more than $500. For a second offense, the penalty and punishment is a fine of not less than $500 nor more than $1,000. For the third and each subsequent offense, the penalty and punishment is a fine of not less than $1,000 nor more than $5,000. Each day during which such electrical work is performed without the required license or while in noncompliance with any of the provisions of this article, after official notice that such work is unlawful, is a separate offense.Any electrical work performed by a person, firm, or corporation which is determined by the State Fire Marshal to constitute a safety or health hazard to members of the public or any electrical work of an extensive nature being performed by any person without the required license or otherwise in noncompliance with the requirements of this article or contrary to an order or rule promulgated lawfully by the State Fire Marshal, is subject to being issued a citation or a civil action in the name of the state in the circuit court of the county where such work is being performed for an injunction against such person, firm, or corporation, enjoining such work or violation. A circuit court by mandatory or prohibitory injunction may compel compliance with the provisions of this article, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal or State Fire Commission. The State Fire Marshal shall be represented in all such proceedings by the Attorney General or his or her assistants.
WV Code § 29-3B-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3B. Supervision of Electricians|§29-3B-9. Nonapplicability of Local Ordinances; Exclusive License

After the effective date of this article no municipality, local government or county may require any license or other evidence of competence as an electrician from any person, firm or corporation who or which holds a valid and current license issued pursuant to this article, as a condition precedent to permission for the performance of electrical work in such municipality, local government jurisdiction or county.
WV Code § 29-3B-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3B. Supervision of Electricians|§29-3B-10. Disposition of Fees, Fines and Other Receipts

All fees shall be paid to the state Fire Marshal. All fines shall be paid into the general revenue of the state. Such receipts shall be deposited by him in a special account with the state Treasurer for the use of the State Fire Marshal as provided in subsection(c), section twelve-b, article three of this chapter.
WV Code § 29-3C-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-1. Purpose

This article is intended to protect the health, safety and welfare of the public and to protect public and private property by assuring the competence of persons who perform electrical inspections of dwellings and other structures through certification by the state Fire Marshal.
WV Code § 29-3C-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-2. Definitions

(a) As used in this article, the terms:(1) "Certified electrical inspector" means a person who is certified by the state Fire Marshal as qualified to perform electrical inspections. "Electrical inspector" does not include an inspector employed by the office of miners' health, safety and training pursuant to the provisions of section eleven, article one, chapter twenty-two-a of this code.(2) "Electrical inspection" means any inspection required by this code and any inspection of a building to which electrical service is connected, wherein the inspector certifies that the electrical system in the building is in compliance with the national electrical code, state fire code and the state building code.
WV Code § 29-3C-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-3. Certification of Electrical Inspectors Required

After January 1, 2003, no electrical inspections may be performed, offered or engaged in for compensation or hire within the State of West Virginia by any person who is not certified pursuant to this article: Provided, That any person who is employed by this state or any subdivision of this state and who in the normal course of his or her business conducts electrical inspections may perform electrical inspections as within the scope of his or her employment without certification pursuant to this article. Notwithstanding any other provision of this code to the contrary, for purposes of this section any electrical building code inspector shall be considered an electrical inspector.
WV Code § 29-3C-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-5. Denial of License; Suspension and Revocation of License

The State Fire Marshal shall deny certification to any applicant, except those exempt under 29-3C-3 of this code, who:(1) Fails to establish that he or she holds any other required qualifications for certification established pursuant to rules promulgated pursuant to section four of this article; or(2) Is not a licensed journeyman or master electrician in accordance with rules promulgated pursuant to section four of this article.
WV Code § 29-3C-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-6. Suspension or Revocation of Certification

The State Fire Marshal may, upon complaint, upon a request or referral, or upon his or her own inquiry suspend or revoke the certification of any person upon a finding that:(1) The certification was granted upon an application, or upon documents supporting the application, that materially misstated the applicant's qualifications or experience;(2) The certified electrical inspector knowingly subscribed to or vouched for a misstatement by an applicant for certification;(3) The certified electrical inspector incompetently performed an electrical inspection;(4) The certified electrical inspector failed to comply with a provision of this article, or any rule promulgated pursuant to section four of this article; or(5) The certified electrical inspector failed to comply with the reporting requirements of section eight of this article.
WV Code § 29-3C-7 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-7. Prohibited Acts

A certified electrical inspector may not:(1) Approve nor disapprove work of which he or she does not have personal knowledge;(2) Misrepresent his or her authority or responsibility; (3) Use his or her certification as an electrical inspector to secure special favors or treatment;(4) Inspect any electrical installation for which he or she has performed any part of the work; or(5) Perform an electrical inspection of any work furnished by a private contractor that employs him or her on a full-time, part-time or incidental basis: Provided, That an employee of a contractor performing electrical installation may inspect electrical work performed by other employees of the same employer, as long as the inspection is not intended to be relied on by any person other than the employer, and the electrical inspector does not certify to an electric utility or to any person that the work is in compliance with applicable building codes, electrical codes or other standards.
WV Code § 29-3C-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-8. Required Reporting of Violations

Any certified electrical inspector having knowledge of violations of this code or rules promulgated pursuant to this code by the fire marshal or the Fire Commission shall submit the information, together with available evidence, to the state Fire Marshal.
WV Code § 29-3C-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-9. Noncompliance With Article; Failure to Obtain Certification; Penalty

(a) Any person performing electrical inspections without being certified pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $150 nor more than $500, or confined in the county or regional jail for not more than ninety days, or both; and upon conviction of a second or subsequent offense, shall be fined not less than $500 nor more than $1,000, or confined in the county or regional jail for not more than ninety days, or both.(b) Any person who conducts an electrical inspection without the required certification is subject to being issued a citation or a civil action in the name of the state in the circuit court of the county where the inspection was or is being performed for an injunction. A circuit court by mandatory or prohibitory injunction may compel compliance with the provisions of this article, with the lawful orders of the state Fire Marshal and with any final decision of the state Fire Marshal or state Fire Commission. The State Fire Marshal shall be represented in all proceedings instituted pursuant to this subsection by the Attorney General or his or her assistants.
WV Code § 29-3C-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3C. Certification of Electrical Inspectors|§29-3C-10. Disposition of Fees and Other Receipts

All fees or moneys received as a result of actions under this article shall be deposited in the special account created pursuant to section twelve-b, article three of this chapter. Expenditures from the fund shall be for the purposes set forth in this article and article three of this chapter.
WV Code § 29-3D-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-1. Declaration of Purpose

The provisions of this article are intended to protect the health, safety and welfare of the public as well as public and private property by assuring the competence of those who perform fire protection work and damper work through licensure by the State Fire Marshal.
WV Code § 29-3D-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-3. License Required; Exemptions

(a) On and after January 1, 2009, a person performing or offering to perform fire protection work in this state shall have a license issued by the State Fire Marshal, in accordance with the provisions of this article.(b) A person licensed under this article must carry a copy of the license on any job in which fire protection work is being performed.(c) This article does not apply to:(1) A person who personally performs fire protection work or damper work on a single family dwelling owned or leased by that person or that persons immediate family;(2) A person who performs fire protection work or damper work at any manufacturing plant or other industrial establishment as an employee of the person, firm, or corporation operating the plant or establishment;(3) A person who, while employed by a public utility or its affiliate, performs fire protection work in connection with the furnishing of public utility service.(4) A person who performs fire protection work while engaging in the business of installing, altering, or repairing water distribution or drainage lines outside the foundation walls of a building, public or private sewage treatment or water treatment systems, including all associated structures or buildings, sewers, or underground utility services; (5) A person who performs fire protection work while engaged in the installation, extension, dismantling, adjustment, repair, or alteration of a heating ventilation and air conditioning (HVAC) system, air-veyor system, air exhaust system, or air handling system; or(6) A person who performs fire protection work at a coal mine that is being actively mined or where coal is being processed.
WV Code § 29-3D-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-4. Rule-Making Authority

The State Fire Marshal shall propose rules for legislative approval, in accordance with the provisions of 29A-3-1 et seq. of this code, for the implementation and enforcement of the provisions of this article, which shall provide:(1) Standards and procedures for issuing and renewing licenses, including classifications of licenses as defined in this article, applications, examinations, and qualifications: Provided, That the rules shall require a person to be licensed as a HVAC technician pursuant to 21-16-1 et seq. of this code and the rules promulgated pursuant thereto, before performing damper work pursuant to this article;(2) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform fire protection work at the level of the classifications defined in this article and who apply for licensure on or before July 1, 2009: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;(3) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform damper work at the level of the classifications defined in this article and who apply for licensure on or before July 1, 2016: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;(4) Reciprocity provisions;(5) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;(6) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer the provisions of this article; (7) Enforcement procedures; and(8) Any other rules necessary to effectuate the purposes of this article.
WV Code § 29-3D-4a (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-4a. Veteran Qualification for License as a Journeyman Sprinkler Fitter or a Sprinkler Fitter in Training

Any person who has served as a member of the United States armed forces, National Guard, or reserve, and who has successfully completed the course of instruction required to qualify him or her for rating as a fire protection officer or other equivalent rating in his or her particular branch of the armed forces, which provided the veteran direct experience installing, adjusting, repairing, and dismantling fire protection systems, and whose service in the armed forces was under honorable conditions, may submit to the State Fire Marshal a photostatic copy of a certificate issued to him or her certifying successful completion of such course of instruction and documentation evidencing the number of hours of experience the veteran possesses, a photostatic copy of his or her discharge from the armed forces, an application for a certification as a journeyman sprinkler fitter or sprinkler fitter in training, and the prescribed license fee.If the certificate and discharge, as evidenced by the photostatic copies thereof, documentation of hours of training and experience, and prescribed license fee are in order, and if the veteran meets all of the requirements of this article, the veteran shall be permitted to take the same examination or examinations as are required under this article for applicants who do not apply for a license under the provisions of this article: Provided, That the veteran may be required to attend additional training courses prior to taking the examination if more than 30 years have passed from his or her successful completion of the course of instruction and date of application. If the veteran passes the examination or examinations, he or she shall be licensed as a sprinkler fitter in training or a journeyman sprinkler fitter and shall thereafter be subject to all of the provisions of this article. If the veteran does not pass the examination or examinations, any provisions of this article relating to reexaminations shall apply to the veteran the same as they apply to a person who does not apply for a license under the provisions of this article.
WV Code § 29-3D-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-5. Enforcement

(a) The State Fire Marshal and his or her deputy fire marshal, assistant fire marshal or assistant fire marshal-in-training, is authorized to enforce the provisions of this article, and may, at reasonable hours, enter any building or premises where fire protection work or damper work is performed and issue citations for noncompliance.(b) The State Fire Marshal may enter into an interagency agreement with the Commissioner of Labor for the mutual purpose of enforcing this article and article sixteen, chapter twenty-one of this code.
WV Code § 29-3D-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-6. Denial, Suspension and Revocation of License

(a) The State Fire Marshal may deny a license to any applicant who fails to comply with the rules established by the State Fire Marshal, or who lacks the necessary qualifications. When considering whether an applicant possesses the qualifications for a license, the State Fire Marshal shall consider whether an applicants prior criminal convictions bear a rational nexus on the license being sought. (1) The State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the activity requiring licensure. In determining whether a criminal conviction bears a rational nexus to a profession or occupation, the State Fire Marshal shall consider at a minimum:(A) The nature and seriousness of the crime for which the individual was convicted; (B) The passage of time since the commission of the crime; (C) The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and (D) Any evidence of rehabilitation or treatment undertaken by the individual. (2) Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the State Fire Marshal shall permit the applicant to apply for initial licensure if:(A) A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later; (B) The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and (C) The conviction was not for an offense of a violent or sexual nature: Provided, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the State Fire Marshal.(3) An individual with a criminal record who has not previously applied for licensure may petition the State Fire Marshal at any time for a determination of whether the individuals criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individuals criminal record to enable the State Fire Marshal to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.(b) The State Fire Marshal may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensees license if:(1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicants qualifications or experience;(2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure; or(3) The licensee incompetently or unsafely performs fire protection work or damper work.
WV Code § 29-3D-7 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-7. Penalties

(a) On and after January 1, 2009, a person performing or offering to perform fire protection work without a license issued by the State Fire Marshal, is subject to a citation.(b) Any person continuing to engage in fire protection work after the issuance of a citation is subject to the following penalties:(1) For the first offense, a fine of not less than $200 nor more than $1,000;(2) For the second offense, a fine of not less than $500 nor more than $2,000; and(3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000.(c) Each day after a citation is given that a person continues to perform, or an employer continues to authorize a person to perform, fire protection work, which is not exempt by the provisions of 29-3D-3 of this code, is a separate offense and punishable accordingly.(d)(1) The State Fire Marshal may institute proceedings in the circuit court of Kanawha County or the county where the alleged violation of the provisions of this article occurred or are now occurring to enjoin any violation of any provision of this article.(2) A circuit court by injunction may compel compliance with the provisions of this article, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal.(3) The State Fire Marshal shall be represented in all such proceedings by the Attorney General or his or her assistants.(e) Any person adversely affected by an action of the State Fire Marshal may appeal the action pursuant to the provisions of chapter 29A of this code.
WV Code § 29-3D-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-8. Inapplicability of Local Ordinances

(a) On and after January 1, 2009, a political subdivision of this state may not require, as a condition precedent to the performance of fire protection work in the political subdivision, a person who holds a valid and current license to perform fire protection work issued under the provisions of this article, to have any other license or other evidence of competence as a fire protection worker.(b) On and after January 1, 2016, a political subdivision of this state may not require, as a condition precedent to the performance of damper work in the political subdivision, a person who holds a valid and current license to perform damper work issued under this article to have any other license or other evidence of competence beyond those required by the State Fire Marshal and the Commissioner of Labor to perform damper work.
WV Code § 29-3D-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3D. Supervision of Fire Protection Work|§29-3D-9. Disposition of Fees

All fees paid pursuant to the provisions of this article, shall be paid to the state Fire Marshal and deposited in a special revenue account with the state Treasurer for the use of the state Fire Marshal as provided in subsection (c), section twelve-b, article three of this chapter.