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WV Code § 29-3E-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-1. Unlawful Acts

It is unlawful for a person to manufacture, wholesale, distribute, import, sell or store for the purpose of resale, consumer fireworks, sparkling devices, novelties or toy caps without a license, registration, certificate or permit from the State Fire Marshal.
WV Code § 29-3E-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-3. Production or Transportation of Fireworks

A person may produce or transport a firework that is a new explosive and that is either a division 1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. §173.56(2)(j) (2014).
WV Code § 29-3E-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-4. Sparkling Devices and Novelties Registration Required

(a) A person may not sell sparkling devices or novelties without being registered with the State Fire Marshal.(b) To be registered with the State Fire Marshal, the person shall:(1) Submit an application to the State Fire Marshal;(2) Provide a copy of his or her current business registration certificate or his or her certificate to sell sparklers and novelties issued by the State Tax Commissioner;(3) Pay the required fee; and(4) Provide other information as the State Fire Marshal may require by legislative rule.(c) A registration is valid for the calendar year or any fraction thereof and expires on December 31 of each year.(d) A registration is not transferable.(e) A person shall post the registration in a conspicuous place at the location of the business.(f) A separate registration is required for each location.(g) The fee required in subdivision (3), subsection (b) of this section shall be $15.00 per retail location.(h) The fee assessed by this section shall be retained by the State Fire Marshal and expended to offset costs incurred in performing the duties imposed by the provisions of this code.
WV Code § 29-3E-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-5. Consumer Fireworks Certificate Required

(a) A retailer may not sell consumer fireworks unless the retailer is certified under this article.(b) To be certified to sell consumer fireworks a retailer shall:(1) Submit an application to the State Fire Marshal;(2) Submit with the application a copy of his or her current business registration certificate;(3) Pay a fee of $500 for each temporary retail sales location and $1000 for each permanent retail sales location to the State Fire Marshal; (4) Provide the State Fire Marshal proof that the retailer maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million to cover losses, damages or injuries that might result from selling consumer fireworks; and (5) Provide other information as the State Fire Marshal may require by legislative rule.(c) A consumer fireworks certificate is valid from April 1 through March 31 of the next calendar year.(d) A consumer fireworks certificate is not transferable.(e) A retailer shall post the certificate in a conspicuous place at the location of the business.(f) A separate certificate is required for each location of the business.(g) A certificate holder may also sell sparkling devices and novelties at the same location without additionally obtaining a sparkling devices and novelties registration.(h) A retailer who sells consumer fireworks shall comply with the regulations provided in NFPA 1124.(i) A retailer who sells consumer fireworks shall comply with all regulations provided in NFPA 1124. The State Fire Marshal may by legislative rule, promulgate rules to supplement those rules established in NFPA 1124.(j) A retailer shall sell the consumer fireworks only from a permanent building or structure that meets the specifications in NFPA 1124 or a temporary facility or structure that meets the specifications of NFPA 1124.7.3.5.(k) Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of 29-3-12b of this code.(l) Notwithstanding any provision of this article to the contrary, no retailer may offer consumer fireworks for sale before June 1, 2016.
WV Code § 29-3E-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-6. Required Permit for Public Fireworks Display

(a) Any municipality, county, fair association, amusement park or other organization shall have a permit to present a public display of fireworks from the State Fire Marshal.(b) To receive a permit, a municipality, fair association, amusement park, or other organization shall:(1) Submit an application to the State Fire Marshal;(2) Pay the required fee not to exceed $50.00;(3) Furnish proof of financial responsibility to satisfy claims for damages to property or personal injuries arising out of any act or omission on the part of the person or an employee thereof, in the amount, character and form as the State Fire Marshal determines to be necessary for the protection of the public; and(4) Provide any other information as the State Fire Marshal may require by legislative rule.(c) The State Fire Marshal shall require the municipality, county, fair association, amusement park and other organizations to give written notice to the local police and fire authorities at least five days prior to the display for which the permit is sought. (d) A permit is not transferable.(e) The display shall be operated by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition, character, and so located, discharged or fired so as to be safe in the opinion of the chief of the fire department serving the community or area where such display is being held.(f) The permittee shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this article and the rules of the State Fire Marshal except where the licensee is an insured government entity.(g) Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code.
WV Code § 29-3E-7 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-7. Fireworks Safety Fee; Administration; Tax Crimes; Collections; Remittances; Deposits; Distributions; Rules

(a) In addition to the sales tax, a fireworks safety fee of twelve percent of all sales is levied on retail sales of consumer fireworks in this state. The fee shall be distributed pursuant to the provisions of this subsection. The fee computation under this subsection shall be carried to the third decimal place, and the fee rounded up to the next whole cent whenever the third decimal place is greater than four, and rounded down to the lower whole cent whenever the third decimal place is four or less.The State Tax Commissioner shall disburse all proceeds of the fireworks safety fee into the state treasury each month in the following manner:(1) Seventy-five percent shall be deposited into a special account in the State Treasury, designated the Veterans’ Facility Support Fund established by the provisions of section eleven, article one, chapter nine-a for expenditure on veterans’ programs.(2) Twenty-five percent shall be deposited into a special account in the State Treasury, designated the Fire Protection Fund established in section thirty-three, article three, chapter thirty-three of this code and distributed in accordance with that section to each volunteer fire company or department on an equal share basis by the State Treasurer.(b) A person who purchases consumer fireworks in a retail transaction shall pay to the retailer the amount of the fee levied by this section, which fee is added to and constitutes a part of the sale price, and is collectible by the retailer who shall account to the state for all fees paid by a purchaser. If the retailer fails to collect the fee, or fails to account to the state for the fees paid by a purchaser, then the retailer is liable for the payment of the fee to the state.(c) A retailer shall remit to the State Tax Commissioner no later than thirty days after the end of each preceding month all moneys collected for such preceding month, pursuant to the requirements of this section, and shall report such collections on forms and in the manner prescribed by the State Tax Commissioner.(d) All moneys so remitted, net of refunds and adjustments, shall be paid by the State Tax Commissioner into the funds specified in this section.(e) Each and every provision of the West Virginia Tax Crimes and Penalties Act set forth in article nine, chapter eleven of this code applies to the fees imposed pursuant to this article, with like effect as if that act were applicable only to the fees imposed by this article and were set forth in extenso in this article.(f) The State Tax Commissioner shall propose legislative rules and may promulgate such emergency rules as are necessary to implement the provisions of this article.
WV Code § 29-3E-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-8. State Fire Marshal S Rule-Making Authority

The State Fire Marshal may promulgate emergency rules and shall propose legislative rules for promulgation, in accordance with 29A-3-1 et seq. of this code, to implement this article, including:(1) Adopting by reference the most recent edition of APA Standard 87-1;(2) Adopting by reference the most recent edition of NFPA 1123, Code for Fireworks Display;(3) Adopting by reference NFPA 1124, code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles;(4) Adopting by reference the most recent edition of NFPA 1126, standard for the use of pyrotechnics before a proximate audience;(5) Procedures for the issuance and renewal of a registration, certificate and permit;(6) A fee schedule;(7) Establishing insurance or bond requirements;(8) Establishing additional criteria for the granting of a registration, certificate, or permit under this article; (9) Registration of manufacturers, wholesalers and distributors; and(10) Establishing a procedure that allows a retailer to combine and pay all applicable fees in a single payment.
WV Code § 29-3E-9 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-9. Exemptions

This article does not prohibit any of the following:(1) The use of fireworks by railroads or other transportation agencies for signaling purposes or illumination;(2) The use of agricultural and wildlife fireworks;(3) The sale or use of blank cartridges for a theatrical performance, use by military organizations or signal or ceremonial purposes in athletics or sports; or(4) The possession, sale or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who have a permit to possess, store and sell explosives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice and the State Fire Marshal.
WV Code § 29-3E-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-10. Local Municipalities’ Regulation of Consumer Fireworks

This article does not affect the authority of the governing body of a municipality to prohibit or regulate the use of consumer fireworks within its boundaries.
WV Code § 29-3E-11 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-11. Violations of This Article; Penalties

(a) A person may not intentionally ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner to do so.(b) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building. (c) A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people. (d) A person may not intentionally ignite or discharge any consumer fireworks or sparkling device while the person:(1) Is under the influence of alcohol;(2) Is under the influence of any controlled substance;(3) Is under the influence of any other drug; or(4) Is under the combined influence of alcohol and any controlled substance or any other drug.(e) A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer fireworks.(f) The provisions of this section shall be effective June 1, 2016.
WV Code § 29-3E-12 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-12. Miscellaneous Offenses; Penalties

Any person who violates a provision of this article for which a penalty is not expressly set forth is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100.00 nor more than $500.00. The provisions of this section shall be effective June 1, 2016.
WV Code § 29-3E-13 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-13. Seizures by the State Fire Marshal; Enforcement of Law

(a) The State Fire Marshal shall seize, take, remove and dispose of at public auction or destroy, or cause to be seized, taken or removed and disposed of at public auction, or destroyed at the expense of the owner, all stocks of fireworks or combustibles offered for sale, stored or held in violation of this article or an emergency or legislative rule promulgated hereunder.(b) The West Virginia State Police, deputy sheriffs, municipal police officers and other law-enforcement officers shall assist in the enforcement of this article.
WV Code § 29-3E-14 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3E. Fireworks Safety|§29-3E-14. Reporting Requirements; Duration of Reporting Requirements

Annually, on or before January 15, 2017, 2018 and 2019:(1) The State Treasurer shall submit to the President of the Senate and the Speaker of the House of Delegates a report detailing the amount of revenue received and deposited from the Fireworks Safety Fee into the Fire Safety Fund authorized by section seven of this article and the distribution of said funds;(2) The Secretary of Veterans’ Assistance shall supply the President of the Senate and Speaker of the House of Delegates with a report detailing the revenue received from the Fireworks Safety Fee and deposited in the Veterans’ Facility Support Fund and the purposes for which the money was expended;(3) The State Tax Commissioner shall provide to the President of the Senate and Speaker of the House of Delegates a report detailing the revenue received from the sales tax received from the sale of fireworks authorized by the provisions of the article and revenue received from the Fireworks Safety Fee authorized by section seven of this article; and(4) The State Fire Marshal shall submit to the President of the Senate and Speaker of the House of Delegates a report detailing the amounts of revenue received from the registration fees imposed pursuant to the provisions of section five of this article, the purposes for which the fees were expended and the adequacy of the fees received in relation to the duties required of the office.
WV Code § 29-4A-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 4A. Department of Public Welfare|§29-4A-1. To 29-4a-8

Repealed.Acts, 1936, 1st Ex. Sess. Ch. 1.
WV Code § 29-5A-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 5A. State Athletic Commission|§29-5A-1. Creation of Commission; Members; Officers; Seal and Rules

(a) The State Boxing Commission, heretofore created, is hereby continued and renamed the State Athletic Commission. The commission shall consist of five persons appointed by the Governor, by and with the consent of the Senate, no more than three of whom shall belong to the same political party and no two of whom shall be residents of the same county at the same time. One member shall have at least three years of experience in the sport of boxing. One member shall have at least three years of experience in the sport of mixed martial arts. One member shall have at least three years of experience in the health care industry as a licensed physician, registered nurse, nurse practitioner, or physicians" assistant. Two members shall be citizen members who are not licensed under the provisions of this article and who do not perform any services related to the persons regulated under this article. The members shall serve without pay except that each member shall receive $100 for each day that he or she attends and participates in a public meeting in which the commission makes or deliberates towards an official act: Provided, That the total compensation a member may receive during each fiscal year may not exceed $1,500. (b) At the expiration of the term of each member, his or her successor shall be appointed by the Governor for a term of four years. If there is a vacancy in the board, the vacancy shall likewise be filled by appointment by the Governor and the Governor shall likewise have the power to remove any commissioner at his or her pleasure.(c) Any three members of the commission shall constitute a quorum for the exercise of the power or authority conferred upon it. The members of the commission shall, at the first meeting after their appointment, elect one of their number chairman of the commission and another of their number secretary of the commission, shall adopt a seal for the commission, and shall make such rules for the administration of their office, not inconsistent herewith, as they may consider expedient; and they may hereafter amend or abrogate such rules.(d) The concurrence of at least three commissioners is necessary to render a choice or decision of the commission except that, notwithstanding the requirements of the Open Governmental Proceedings Act, §6-9a-1 et seq. of this code, a quorum of the commission may vote in writing to approve changes to the roster of participants or the roster of officials if the need for the substitution(s) is made known to the commission within 48 hours of an event that the commission previously approved: Provided, That the substitution(s) is necessary to effectuate the match: Provided, however, That the written decision of the commission is presented at the next scheduled meeting of the commission and recorded in its minutes.
WV Code § 29-5A-1a (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 5A. State Athletic Commission|§29-5A-1a. Commission Office; Administrative Support Provided by Lottery Commission

The office of the commission shall be located on the same premises as the office of the Lottery Commission and the Lottery Commission shall provide the commission with any necessary administrative support or management, including, but not limited to:(1) Administrative recordkeeping;(2) Maintaining an accurate and published registry of names, addresses and relevant information of all licensees; and(3) Management of finances and budgetary oversight.
WV Code § 29-5A-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 5A. State Athletic Commission|§29-5A-2. Powers and Duties of Secretary; Penalty for False Swearing, etc.; Biennial Reports of Commission

 It shall be the duty of the secretary to keep a full and true record of all proceedings of said commission, to preserve all its books, documents and papers, to prepare for service such notices and other papers as may be required of him or her by the commission and to perform such other duties as the commission may prescribe; and he or she may at the direction of the commission issue subpoenas for the attendance of witnesses before the commission with the same effect as if they were issued in an action in any circuit court of the state and may administer oaths in all matters pertaining to the duties of his or her office or connected with the administration of the affairs of the commission. The subpoenas shall be on forms prescribed by the commission and served by the sheriff's department of the county in which the individual being subpoenaed resides. Such subpoenas shall be signed by at least two members. Disobedience of such subpoena and false swearing before such secretary shall be attended by the same consequences and be subject to the same penalties as if such disobedience or false swearing occurred in an action in any circuit court of the state. The commission shall make to the Legislature biennial reports of their proceedings for the two years ending with the last day of the preceding December and may submit with such report such recommendations pertaining to its affairs, as to it shall seem advisable.
WV Code § 29-5A-3b (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 5A. State Athletic Commission|§29-5A-3b. State Athletic Commission Fund

(a) All moneys collected shall be deposited in a special account in the State Treasury to be known as the State Athletic Commission Fund. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2016, expenditures are authorized from collections rather than pursuant to appropriation by the Legislature. (b) A supplemental appropriation may be authorized by the Legislature for administrative expenditures that exceed collections in the fiscal years ending June 30, 2016, June 30, 2017, and June 30, 2018, or until such time as the commission collections are sufficient to fully fund its operations.(c) All money collected and deposited in the State Athletic Commission Fund that remains after the commission satisfies its administrative operating obligations shall be surplus revenue funds available for appropriation: Provided, That the commission may retain surplus revenue funds as long as it allocates the surplus for a specific purpose and approves such funds be carried forward for use in the following fiscal year prior to the end of the fiscal year in which the revenues were collected.
WV Code § 29-5A-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 5A. State Athletic Commission|§29-5A-4. Licenses to Be in Lieu of All Other Licenses

The licenses herein imposed shall be in lieu of all other licenses or license taxes of the State of West Virginia, and no county, city, town or other municipality or other political subdivision of the State of West Virginia shall be empowered to levy or impose any license or license tax on any such person engaged in the business of conducting boxing or sparring matches and exhibitions under the jurisdiction of and being licensed by the commission.
WV Code § 29-5A-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 5A. State Athletic Commission|§29-5A-5. Expense of Commission

On or before December 31 of each year, the secretary of the commission shall present to the Governor projected expenses for the following year. Such projections shall include all expenses and revenues of the commission and its official headquarters. Necessary expenses incurred by the commission shall be submitted on a standard expense form to the Treasurer of the state of West Virginia to be paid from the State Athletic Commission Fund except in such circumstances referred to in subsection (b), section three-b of this article designating such expenses be paid from the General Fund.