reglab/housing_qa huggingface dataset:
WV Code § 21-3C-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-2. Inspectors; Application; Certificates of Competency

(a) No person may serve as an inspector unless he or she successfully completes the examination for Qualified Elevator Inspector (QEI) from an examination organization approved by the commissioner and holds a certificate of competency for elevator inspections issued by the division.(b) The application for elevator inspector shall be in writing, accompanied by a fee of $10, upon a form furnished by the division. The applicant shall state his or her level of education, previous employers, the period of employment, the position held with each employer, and other information required by the division. The applicant shall also submit a copy of his or her QEI card, and a letter from one of his or her previous employers concerning his or her character and experience.(c) Applications which contain any willfully submitted false or untrue information shall be rejected.(d) The division shall issue a certificate of competency for elevator inspections to an applicant who successfully completes the examination and who complies with the requirements of this article and legislative rules promulgated by the division.(e) Any person hired as a private inspector by a county or municipality shall possess a certificate of competency issued by the division.(f) The division may hire division inspectors or enter into a contract for the services of a division inspector so long as the inspector has been certified competent by the division. The division may hire an inspector supervisor who shall supervise the inspection activities under this article.
WV Code § 21-3C-2a (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-2a. Installation Prohibited; Exemptions; Two-Way Communication Required; Key Required

(a) On and after July 1, 2007, no private residence elevator may be installed in a nonresidential setting.(b) A private residence elevator installed in a nonresidential setting which was in use on July 1, 2007, may continue in use so long as the elevator:(1) Meets the specifications as set forth in the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators A17.1 5.3 "Safety Code for Elevators";(2) Has a method of two-way communication between the car and each floor served by the elevator;(3) Is operated automatically; and(4) Is inspected annually by an inspector and is issued a certification of operation by the division.(c) New residential elevators shall undergo an acceptance test performed by an inspector, and the inspector shall file a report of the test with the division.(d) An elevator in a residential property shall be inspected by an inspector when the residential property is transferred, and the inspector shall file a report of the inspection with the division.
WV Code § 21-3C-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-3. Suspension or Revocation of Certificates

A certificate of competency for elevator inspectors may be suspended or revoked by the division if the inspector is found to be incompetent or untrustworthy or for the falsification of any matter or statement contained on the application or in a report of any inspection. Any willfully submitted false statement contained in an inspection report shall constitute grounds for suspension of the certificate of competency.
WV Code § 21-3C-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-4. Registration of Elevators; Notification to Counties and Municipalities

The owner or operator of an elevator shall register each elevator with the division, giving the type, capacity and description, name of manufacturer, and purpose for which each is used. The registration shall be made on a form designed and furnished by the division. The division shall forward a list of registered elevators to the county or municipality wherein the elevators are located.
WV Code § 21-3C-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-5. Powers and Duties of Counties and Municipalities; Annual Inspections Required; Acceptance Inspection

(a) A county or municipality may hire a private inspector or contract with any person who possesses a West Virginia elevator inspector's certificate of competency issued by the Division.(b) The county or municipality shall ensure that every elevator which has been in use for five years or more is inspected annually. A private inspector may inspect any elevator in the state. A division inspector may inspect any elevator in the state for the purpose of monitoring whether private inspectors are in compliance with the provisions of this article.(c)(1) The county or municipality shall ensure that each newly installed elevator within its jurisdiction is inspected and issued a certificate of acceptance by the Division prior to being placed in service.(2) A certificate of acceptance shall only be issued if the elevator was installed in compliance with the safety standards set forth in the American Society of Mechanical Engineers Safety Code for Elevators and Escalators (ASME) A17.1-3, "Safety Code for Elevators" and ASME A18.1, "Safety Code for Platform Lifts and Stairway Chairlifts".(3) The acceptance inspection shall be subject to the same procedures and requirements as any other elevator inspection.
WV Code § 21-3C-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-6. Report of Inspection; Hearing on Construction Plans and Specifications; Findings and Orders of Division

 (a) The division shall propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, prescribing inspection procedures and reporting requirements. (b) Each inspector shall submit a complete report of each inspection made of an elevator to the division and to the county or municipality in which the elevator is located.(c)(1) The inspection report shall list all changes or repairs required to be made for the safe operation of the elevator. A copy of the report as approved by the division shall be submitted to the owner or operator of the elevator. Unless the findings in the report are appealed, the owner or operator of the elevator shall make the required changes or repairs before a certificate of operation is issued.(2) The owner or operator, within twenty days from receipt of the copy of an inspection report, may make written application to the division, upon forms to be furnished by the division, for a hearing on the inspection report including the issue of whether the elevator in question is reasonably safe. The division shall promptly consider the submitted application.(3) If it appears from the evidence that the elevator will be reasonably safe to operate without the recommended changes or repairs set forth in the report or by making only a part of the recommended changes or repairs, the division shall make its finding and order accordingly. If the finding and order require changes or repairs to be made to the elevator, the division may not issue a certificate of operation until the elevator owner has complied with the order or the division issues its approval of the change or repair plans or specifications. If the finding and order of the division has been affirmed or modified by appeal, on the grounds of reasonable safety considered by the division, the division shall, upon the owner or operator's compliance with the order, issue the certificate of operation, but if the finding and order of the division has been vacated, the certificate of operation shall be issued immediately.(4) An elevator owner adversely affected by a finding and order of the division, is entitled to judicial review of the finding and order in accordance with the provisions of section four, article five, chapter twenty-nine-a of this code.(d) No elevator may be operated after being inspected without having the certificate of operation conspicuously posted except during the period a hearing on the issuance of the certificate of operation is pending.
WV Code § 21-3C-7 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-7. Safety Equipment

Every passenger elevator shall be equipped, maintained and operated in a safe manner in accordance with legislative rules promulgated by the division as authorized by this article.
WV Code § 21-3C-8 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-8. Certificate of Operation; Renewal

A certificate of operation for any elevator may not be issued until the elevator has been inspected for safety and the inspection report filed with the division. The certificate of operation shall list the date of inspection and shall expire one year after the date of inspection. The certificate of operation shall be conspicuously posted in the elevator at all times. An expired certificate of operation shall be renewed in the manner that the prior certificate was obtained.
WV Code § 21-3C-9 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-9. Permits for Removal or Repairs

Before any existing elevator is removed to a different location, an application of specifications shall be submitted to the division listing such information concerning the installation and operation of the elevator as the division may require on forms designed and furnished by the division. Copies of the complete installation plans shall be submitted with the application.In all cases where any changes or repairs proposed by the owner or operator which alter the elevator's construction or classification, grade or rated lifting capacity, except when made pursuant to a report of an inspector, the owner or operator of the elevator shall submit to the division an application containing such information as deemed appropriate by the division.Upon approval of such application and installation plans, the division shall issue a permit for the installation or repair of such elevator. No elevator being removed and reinstalled or repaired may be operated until its completion, in accordance with the approved plans and specifications: Provided, That the division may grant a temporary permit to such elevator, authorizing its operation.
WV Code § 21-3C-10 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-10. Enforcement; Notice of Defective Machinery

If during an inspection the division or the inspector finds that a passenger elevator or a part thereof cannot be operated safely, the division or the inspector shall contact the owner or operator in writing stating the deficiencies and recommend changes or alterations and shall post a notice upon such elevator prohibiting further use of the elevator. The notice shall be in effect until the changes or alterations set forth in the notice have been made. The notice shall contain a statement that operators or passengers are subject to injury by its continued use, a description of the alteration or other change necessary to be made in order to secure its safe operation, date of such notice, and the name and signature of the inspector issuing the notice.If any inspector finds a passenger elevator to be so unsafe that it represents imminent danger of death or physical injury, that unit shall be sealed out of service and a hazard notice as prescribed by the division posted thereon. The division shall be notified immediately as to the location and condition of the unit.Any passenger elevator, once sealed, may not be operated except for the purpose of making repairs and in such a manner as prescribed by the division until all defects are corrected and the unit has been inspected and deemed safe by the division. The division shall promulgate legislative rules, as authorized by this article, to develop procedures for sealing and barricading an elevator once it has been declared inoperable.No seal, notice or barricade placed on or around an elevator in accordance with the provisions of this article may be removed, obstructed or in any way altered without the written consent of the division.
WV Code § 21-3C-10b (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-10b. Issuance and Renewal of Licenses

(a) Upon approval of a properly completed application for licensure, the commissioner may issue a person a license under the provisions of this article.(b) The licenses issued under the provisions of this article shall be renewed biennially upon application for renewal on a form prescribed by the commissioner and payment of a fee established by legislative rule.(c) Upon a proper application for renewal, the commissioner shall renew a license, even if the license holder is unemployed or not working in the industry at the time of renewal: Provided, That before the license holder may engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator or related conveyance covered by this article, the license holder shall be a contractor, or be employed by a contractor licensed pursuant to the provisions of 30-42-1 et seq., of this code.
WV Code § 21-3C-12 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-12. Penalties

(a) On and after January 1, 2010, the commissioner may issue a cease and desist order to any person engaging in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyances covered by this article in this state without a license, or inspecting elevators or related conveyances covered by this article without a certificate of competency, or operating an elevator or related conveyance covered by this article without a certificate of operation.(b) Any person who violates a cease and desist order is guilty of a misdemeanor and, upon conviction thereof, 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, or confinement in jail for not more than six months, or both;(3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000, and confinement in jail for not less than thirty days nor more than one year.(c) Each day that a person violates a cease and desist order or is otherwise not in compliance with the provisions of this article constitutes a separate offense.(d) The Commissioner of Labor may institute proceedings in the circuit court of the county where the alleged violation of the provisions of this article occurred or are occurring to enjoin any violation of any provision of this article. A circuit court by injunction may compel compliance with the provisions of this article, with the lawful orders of the Commissioner of Labor and with any final decision of the Commissioner of Labor. The Commissioner of Labor shall be represented in all such proceedings by the Attorney General or his or her assistants.
WV Code § 21-3C-13 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-13. Mining and Industrial Elevators and General Public Elevators Exempt

The provisions of this article shall not be applicable to elevators or similar devices used by mining or industrial operations, or to elevators located within any single family residential dwelling.
WV Code § 21-3C-14 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3C. Elevator Safety|§21-3C-14. Inapplicability of Local Ordinances

Effective January 1, 2022, a political subdivision of this state may not require, as a condition precedent to the performance of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this article in the political subdivision, a person who holds a valid license to perform such work issued under the provisions of this article, to have any additional occupational license or other evidence of competence to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyance covered by this article.
WV Code § 21-3D-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-1. Definitions

For purposes of this article:(a) "Commissioner" means the Commissioner of the Division of Labor, or his or her authorized representative.(b) "Crane" means a power-operated hoisting machine used in construction, demolition, or excavation work, which has a power-operated winch and load line and a power-operated boom that moves laterally by the rotation of the machine on a carrier, and which has a manufacturers rated lifting capacity of more than 2,000 pounds. "Crane" does not mean a forklift, digger, derrick truck, bucket truck, or any vehicle, aircraft, or helicopter, or equipment which does not have a power-operated winch and load line.(c) "Tower crane" means a crane in which a boom, swinging jib, or other structural member is mounted on a vertical mast or tower.
WV Code § 21-3D-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-2. Certification Required

A person may not operate a crane or tower crane without certification issued according to OSHA regulation 29 CFR 1926.1427 Subpart CC and any amendments that may be made from time to time. Any certifications that may expire in calendar year 2021 shall not expire until January 1, 2022. The commissioner may enter into a cooperative agreement with OSHA to assist in the enforcement of this section.
WV Code § 21-3D-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-3. Inapplicability of Local Ordinances

On January 1, 2022, and thereafter, a political subdivision of this state may not require, as a condition precedent to the operation of a crane or tower crane in the political subdivision, a person who is certified according to OSHA regulation 29 CFR 1926.1427 Subpart CC, to have any other license or other evidence of competence as a crane operator.
WV Code § 21-3D-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-4. Minimum Certification Requirements

[Repealed.]
WV Code § 21-3D-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-5. Denial, Suspension, Revocation, or Reinstatement of Certification

[Repealed.]
WV Code § 21-3D-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-6. Effect of Accident

[Repealed.]
WV Code § 21-3D-7 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-7. Penalties

[Repealed.]
WV Code § 21-3D-8 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-8. Crane Operator Certification Fund; Fees; Disposition of Funds

(a) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account known as the Crane Operator Certification Fund in the State Treasury and expended for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found from time to time to exceed the funds needed for purposes set forth in this article may be utilized by the commissioner as needed to meet the divisions funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the divisions funding obligations.(b) All funds remaining in the Crane Operating Certification Fund on January 1, 2022, shall be appropriated by the Legislature.
WV Code § 21-3D-9 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3D. Crane Operator Certification Act|§21-3D-9. Reciprocity

[Repealed.]
WV Code § 21-3E-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-1. Short Title

This article is known as and may be cited as the West Virginia Safer Workplace Act.
WV Code § 21-3E-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-2. Definitions

For the purposes of this article:“Alcohol” means ethanol, isopropanol, or methanol.“Drugs” means any substance considered unlawful for nonprescribed consumption or use under the United States Controlled Substances Act (21 U. S. C. §812).“Employer” means any person, firm, company, corporation, labor organization, employment agency or joint labor-management committee, which has one or more full-time employee employed in the same business, or in or about the same establishment, under any contract of hire, express or implied, oral or written in the state. “Employer” does not include, for purposes of this article, the United States, the state, any of its subdivisions or any other public-sector incorporated municipalities, counties, or other local government entities, or any Native American tribe.“Employee” means any person in the service of an employer, as defined in this section.“Good faith” means reasonable reliance on facts, or that which is held to be factual without the intent to deceive or be deceived and without reckless, malicious or negligent disregard for the truth.“Prospective employee” means any person who has made application to an employer, whether written or oral, to become an employee.“Sample” means such sample of the human body capable of revealing the presence of alcohol or other drugs or other metabolites.“Split sample” means a part of the sample that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the employee requests that it be tested following a verified positive test result of the primary specimen.
WV Code § 21-3E-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-3. Public Policy; Applicability

The Legislature declares that the public policy of this state is to advance the confidence of West Virginia workers that they are in a safe workplace and to enhance the viability of the workplace they labor in by recognizing the right of West Virginia’s employers to require mandatory drug testing, not only of applicants, but of current employees: Provided, That this article does not abrogate the right of privacy, including the right of an individual to be let alone and to keep secret his or her private communications, conversations and affairs, as stated in Roach v. Harper, 143 W. Va. 869, but rather determines that the right of privacy is outweighed by the public policy stated in this section if an employer meets the requirements set forth in this article.This article applies only to employers, as defined in section three of this article, not previously made subject of drug and alcohol testing statutory provisions established by the Legislature including, but not limited to, employers covered by section one, article one-a, chapter twenty-two-a of the code, et seq., and section one, article one-d, chapter twenty-one of the code et seq.
WV Code § 21-3E-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 3E. The West Virginia Safer Workplace Act|§21-3E-4. Employers May Test Current and Prospective Employees for Drugs or Alcohol

It is lawful for an employer to test employees or prospective employees for the presence of drugs or alcohol, in accordance with the provisions of this article, as a condition of continued employment or hiring. However, in order to qualify for a bar from being subjected to legal claims for acting in good faith on the results of a drug or alcohol test, employers must adhere to the accuracy and fairness safeguards outlined in this article.