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WV Code § 29-2A-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-5. Director of Aeronautics; Appointment, Qualifications, Compensation, Powers and Duties; Staff

(a) A director of aeronautics shall be appointed by the commission, with the advice and consent of the Secretary of Transportation, who shall serve for an indefinite term at the pleasure of the commission. The director shall be appointed with due regard to his or her fitness as an administrator. The director shall devote his or her time to the duties of his or her office as required and prescribed by this article and may not have any pecuniary interest in, or any stock in, or bonds of, any civil aeronautical enterprise. The Secretary of Transportation, in consultation with the commission, shall determine the directors compensation. The compensation shall conform in general to the compensation received by persons occupying positions of similar importance and responsibility with other agencies of this state. The directors compensation may not be paid, in whole or in part, from grant funds received by the commission. The director shall be reimbursed for all traveling and other expenses incurred by him or her in the discharge of his or her official duties in accordance with state travel rules. The director shall be the executive officer of the commission and under its supervision shall administer the provisions of this article and the rules and orders established thereunder and all applicable laws of the state. The director shall attend, but not vote, at all meetings of the commission. The director serves as the secretary of the commission and is in charge of its offices and responsible to the commission for the preparation of reports and the collection and dissemination of data and other public information relating to aeronautics. At the direction of the commission, the director is authorized to execute contracts entered into by the commission which are legally authorized and for which funds are provided in any state or federal appropriations act. (b) The commission may, by written order filed in its office, delegate to the director any of the powers or duties vested or imposed upon it by this article. Any delegated powers and duties may be exercised by the director in the name of the commission. The commission may also employ any necessary administrative, engineering, technical, and clerical staff.
WV Code § 29-2A-6 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-6. State Financial Assistance for County, Municipal, and Regional Airports

The commission, out of any appropriation made to it by the Legislature or out of any funds at its disposal, may make funds available by grant or otherwise to counties, municipalities, and regional airport authorities, created under the provisions of chapter eight of this code, for the planning, acquisition, construction, improvement, maintenance, or operation of airports owned or operated or to be owned or operated by such counties, municipalities, or regional airport authorities. Acceptance of any moneys so made available to any such county, municipality, or regional airport authority, shall constitute consent by the recipient that a reasonable use of the airport may be made, upon request of the commission, by the United States government, the state, or any of their respective agencies, including the State Aeronautics Commission and the National Guard of West Virginia for state purposes related or incidental to aeronautics.
WV Code § 29-2A-8 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-8. Establishment and Operation of State Airports

(a) The commission is authorized on behalf of and in the name of the state, out of appropriations and other moneys made available for such purposes, to plan, establish, construct, maintain, and operate airports and air navigation facilities within the state. For these purposes the commission may, by purchase, gift, devise, lease, condemnation, or otherwise, acquire such property, real or personal, as is necessary to permit safe and efficient operation of the airports and air navigation facilities. In like manner, the commission may acquire existing airports and air navigation facilities: Provided, That it shall not acquire or take over any airport or air navigation facility owned or controlled by a municipality of this or any other state without the consent of the municipality. The commission may by sale, lease, or otherwise, dispose of any such property, airport, air navigation facility, or portion thereof or interest therein. Any disposal by lease shall be made pursuant to the terms of §8-28-7 of this code. Any disposal by sale or otherwise shall be in accordance with the laws of this state governing the disposition of other property of the state, except that in the case of disposal to any municipality or state government or the United States for aeronautical purposes incident thereto the sale or other disposal may be effected in such manner and upon such terms as the commission determines are in the best interest of the state.(b) Nothing contained in this article shall be construed to limit any right, power, or authority of the state or a municipality to regulate airport hazards by zoning.(c) The commission may exercise any powers granted by this section jointly with any municipalities or agencies of the state government, with other states or their municipalities, or with the United States.(d) In the condemnation of property authorized by this section, the commission shall proceed in the name of the state in the manner provided by §54-1-1, et seq. of this code.
WV Code § 29-2A-10 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-10. Public Purpose of Activities

The acquisition of any lands or interests therein pursuant to this article, the planning, acquisition, establishment, construction, improvement, maintenance and operation of airports and air navigation facilities, whether by the state separately or jointly with any municipalities, and the exercise of any other powers herein granted to the commission are hereby declared to be public and governmental functions, exercised for a public purpose, and matters of public necessity. All lands and other property and privileges acquired and used by or on behalf of the state in the manner and for the purposes enumerated in this article shall and are hereby declared to be acquired and used for public and governmental purposes and as a matter of public necessity.
WV Code § 29-2A-11a (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-11a. Implied Consent to Test; Administration at Direction of Law-Enforcement Officer; Designation of Type of Test; Definition of Law-Enforcement Officer

Any person who operates an aircraft in this state is considered to have given his or her consent by the operation thereof to a preliminary breath analysis and a secondary chemical test of either his or her blood, breath or urine for the purposes of determining the alcoholic content of his or her blood. A preliminary breath analysis may be administered in accordance with the provisions of section eleven-b of this article whenever a law-enforcement officer has reasonable cause to believe a person to have committed an offense prohibited by section eleven of this article. A secondary test of blood, breath or urine shall be incidental to a lawful arrest and shall be administered at the direction of the arresting law-enforcement officer having reasonable grounds to believe the person to have committed an offense prohibited by said section. The law-enforcement agency by which the law-enforcement officer is employed shall designate which one of the aforesaid secondary tests shall be administered: Provided, That if the test so designated is a blood test and the person so arrested refuses to submit to the blood test, then the law-enforcement officer making the arrest shall designate in lieu thereof either a breath or urine test to be administered.For the purpose of this article, the term "law-enforcement officer" means and is limited to: (1) Any member of the State Police; (2) any sheriff and any deputy sheriff of any county; (3) any member of a police department in any municipality as defined in section two, article one, chapter eight of this code; and (4) any natural resources police officer of the Division of Natural Resources. If any municipality or the Division of Natural Resources does not have available to its law-enforcement officers the testing equipment or facilities necessary to conduct any secondary test which a law-enforcement officer may administer under this article, any member of the West Virginia State Police, the sheriff of the county wherein the arrest is made or any deputy of the sheriff or any municipal law-enforcement officer of another municipality within the county wherein the arrest is made may, upon the request of the arresting law-enforcement officer and in his or her presence, conduct a secondary test and the results of the test may be used in evidence to the same extent and in the same manner as if the test had been conducted by the arresting law-enforcement officer. Only the person actually administering or conducting the test is competent to testify as to the results and the veracity of the test.
WV Code § 29-2A-11b (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-11b. Preliminary Analysis of Breath to Determine Alcoholic Content of Blood

When a law-enforcement officer has reason to believe a person has committed an offense prohibited by section eleven of this article, the law-enforcement officer may require such person to submit to a preliminary breath analysis for the purpose of determining such person's blood alcohol content. Such breath analysis must be administered as soon as possible after the law-enforcement officer has a reasonable belief that the person has been operating an aircraft while under the influence of alcohol, controlled substances or drugs. Any preliminary breath analysis required under this section must be administered with a device and in a manner approved by the bureau of public health for that purpose. The results of a preliminary breath analysis shall be used solely for the purpose of guiding the officer in deciding whether an arrest should be made. When an operator is arrested following a preliminary breath analysis, the tests as hereinafter provided in this article shall be administered in accordance with the provisions thereof.
WV Code § 29-2A-11c (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-11c. How Blood Test Administered; Additional Test at Option of Person Tested; Use of Test Results; Certain Immunity From Liability Incident to Administering Test

Only a doctor of medicine or osteopathy, or registered nurse, or trained medical technician at the place of his or her employment, acting at the request and direction of the law-enforcement officer, may withdraw blood for the purpose of determining the alcoholic content thereof. These limitations shall not apply to the taking of a breath test or a urine specimen. In withdrawing blood for the purpose of determining the alcoholic content thereof, only a previously unused and sterile needle and sterile vessel may be utilized and the withdrawal shall otherwise be in strict accord with accepted medical practices. A nonalcoholic antiseptic shall be used for cleansing the skin prior to venepuncture. The person tested may, at his or her own expense, have a doctor of medicine or osteopathy, registered nurse or trained medical technician at the place of his or her employment, of his or her own choosing, administer a chemical test in addition to the test administered at the direction of the law-enforcement officer. Upon the request of the person who is tested, full information concerning the test taken at the direction of the law-enforcement officer shall be made available to him or her. No person who administers any such test upon the request of a law-enforcement officer as herein defined, no hospital in or with which such person is employed or is otherwise associated or in which such test is administered and no other person, firm or corporation by whom or with which such person is employed or is in any way associated, may be in anyway criminally liable for the administration of such test or civilly liable in damages to the person tested unless for gross negligence or willful or wanton injury.
WV Code § 29-2A-11d (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-11d. Interpretation and Use of Chemical Test

(a) (1) Upon trial for the offense of operating an aircraft in this state while under the influence of alcohol, controlled substances or drugs, or upon the trial of any civil or criminal action arising out of acts alleged to have been committed by any person operating an aircraft while under the influence of alcohol, controlled substances or drugs, evidence of the amount of alcohol in the person's blood at the time of the arrest or of the acts alleged, as shown by a chemical analysis of his or her blood, breath or urine, is admissible, if the sample or specimen was taken within two hours from and after the time of arrest or of the acts alleged, and shall give rise to the following presumption or have the following effect: Evidence that there was, at that time, four hundredths of one percent or more, by weight, of alcohol in his or her blood, shall be prima facie evidence that the person was under the influence of alcohol.(2) Percent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood.(b) A chemical analysis of a person's blood, breath or urine, in order to give rise to the presumption or to have the effect provided for in subsection (a) of this section, must be performed in accordance with methods and standards approved by the state bureau of public health. A chemical analysis of blood or urine to determine the alcoholic content of blood shall be conducted by a qualified laboratory or by the State Police scientific laboratory of the criminal identification bureau of the West Virginia state police.(c) The provisions of this article shall not limit the introduction in any administrative or judicial proceeding of any other competent evidence bearing on the question of whether the person was under the influence of alcohol, controlled substances or drugs.
WV Code § 29-2A-11e (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-11e. Right to Demand Test

Any person lawfully arrested for operating an aircraft in this state while under the influence of alcohol, controlled substances or drugs shall have the right to demand that a sample or specimen of his or her blood, breath or urine be taken within two hours from and after the time of arrest and that a chemical test thereof be made. The analysis disclosed by such chemical test shall be made available to such arrested person forthwith upon demand.
WV Code § 29-2A-11f (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-11f. Fee for Withdrawing Blood Sample and Making Urine Test; Payment of Fees

A reasonable fee shall be allowed to the person withdrawing a blood sample or administering a urine test at the request and direction of a law-enforcement officer in accordance with the provisions of this article. If the person whose blood sample was withdrawn or whose urine was tested was arrested and charged with a violation of section eleven of this article, the county having venue of such charge shall pay said fee and if said person is subsequently convicted of such charge, such fee shall be taxed as a part of the costs of the criminal proceeding and shall be paid, notwithstanding any other provision of this code to the contrary, into the General Fund of said county.
WV Code § 29-2A-12 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-12. Operation of Aircraft at Low Altitude or in Careless and Reckless Manner; Penalty

No person shall operate an aircraft at an altitude of less than one thousand feet over any city, town, or village, or public gathering elsewhere, except at a duly established airport or when necessary to make a safe and proper landing or take off in an emergency or at a duly established airport.No person shall operate an aircraft in the air over, or on the ground or water within this state in a careless and reckless manner in wilful or wanton disregard of the rights or safety of others, or without due caution and circumspection and in a manner so as to endanger or be likely to endanger any person or property.A person violating any of the provisions of this section shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine of not more than $500 or by confinement in jail for not more than one year, or both.
WV Code § 29-2A-13 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-13. Unauthorized Taking or Operation of Aircraft; Penalty

No person, other than the duly authorized agent, servant or employee of the owner thereof, shall take, without the knowledge and consent of the owner, and operate within this state any aircraft owned by another. Any person who, wilfully and without the knowledge or consent of the owner or person in lawful charge thereof, and with the intent to deprive such owner or person in lawful charge of the possession or use thereof, either temporarily or permanently, shall take possession of, enter and operate, or otherwise take and use, any aircraft belonging to another or in his lawful possession; and any person who shall assist, aid and abet, or be present for the purpose and with the intent to assist, aid or abet, another person in such taking possession of, entering and operating, or otherwise taking and using any such aircraft; and any person who shall receive, buy, conceal, or otherwise dispose of any such aircraft knowing the same to have been stolen or taken without the knowledge or consent of the owner or person in lawful charge thereof, shall be deemed guilty of a felony and, upon conviction thereof, shall be fined not less than two hundred nor more than $5,000 and confined in the penitentiary for not less than two nor more than ten years.
WV Code § 29-2A-14 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-14. Federal License Required for Operation of Aircraft

No person shall operate or cause or authorize to be operated any aircraft within this state unless such aircraft has an appropriate effective certificate, permit or license issued by the United States, if such certificate, permit or license is required by the United States; nor shall any person engage in aeronautics as an airman in this state unless he or she has an appropriate effective airman certificate, permit, rating or license issued by the United States authorizing him or her to engage in the particular class of aeronautics in which he or she is engaged, if such certificate, permit, rating or license is required by the United States.Where a certificate, permit, rating or license is required for an airman by the United States, it shall be kept in his or her personal possession when he or she is operating within this state and shall be presented for inspection upon the demand of any law enforcement officer, or any official, manager or person in charge of any airport upon which the airman shall land, or upon the reasonable request of any other person. Where a certificate, permit or license is required by the United States for an aircraft, it shall be carried in the aircraft at all times while the aircraft is operating in the state, shall be conspicuously posted in the aircraft where it may readily be seen by passengers or inspectors, and shall be presented for inspection upon the demand of any law enforcement officer, or any official, manager or person in charge of any airport upon which the aircraft shall land, or upon the reasonable request of any person.
WV Code § 29-2A-20 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 2A. State Aeronautics Commission|§29-2A-20. Enforcement of Aeronautics Laws

It shall be the duty of all law enforcement officers, to enforce and assist in the enforcement of this article and all other laws of this state relating to aeronautics. Law enforcement officers are authorized to inspect and examine at reasonable hours any aircraft, the credentials of any airman or other person engaged in aeronautics required by the laws of this state or of the United States to have in his or her possession credentials evidencing his or her authority or permission to engage in aeronautics, any premises and the buildings and other structures thereon, where airports, air navigation facilities or other aeronautical activities are operated or conducted.
WV Code § 29-3-1 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-1. Short Title

[Repealed]
WV Code § 29-3-2 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-2. Legislative Findings and Declaration of Policy

[Repealed.]
WV Code § 29-3-3 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-3. State Fire Commission Created; Composition; Qualifications; Appointment; Terms of Office; Removal; Vacancies; Compensation and Expenses

[Repealed.]
WV Code § 29-3-4 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-4. Chairman; Vice Chairman; Meetings; Quorum

[Repealed.]
WV Code § 29-3-5 (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-5. Promulgation of Rules and State Fire Code

[Repealed.]
WV Code § 29-3-5a (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-5a. Hazardous Substance Emergency Response Training Programs

[Repealed.]
WV Code § 29-3-5b (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-5b. Promulgation of Rules and Statewide Building Code

[Repealed.]
WV Code § 29-3-5c (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-5c. Liquified Petroleum Gas Systems

[Repealed.]
WV Code § 29-3-5d (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-5d. Volunteer Firefighters Training

[Repealed.]
WV Code § 29-3-5e (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-5e. Courtesy Certification of Firefighters in Surrounding States to Serve as Volunteer Firefighter

[Repealed.]
WV Code § 29-3-5f (2021)
2021 West Virginia Code|Chapter 29. Miscellaneous Boards and Officers|Article 3. Fire Prevention and Control Act|§29-3-5f. Fire Service Equipment and Training Fund; Creation of Fire Service Equipment and Training Grant

[Repealed.]