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WV Code § 21-13-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 13. Convenience Food Stores Safety Act|§21-13-1. Purpose

The Legislature finds that it is necessary to the safety, health, public interest and general welfare of the people of the State of West Virginia that convenience food stores operating in the state be regulated to prevent the ever-present danger to the safety, health, life and general welfare of its citizens and the employees of these stores.
WV Code § 21-13-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 13. Convenience Food Stores Safety Act|§21-13-2. Definitions

As used in this article, except where a different meaning is provided in section five of this article:(1) "Convenience food store" means a business establishment that:(A) Derives fifty percent or more of its gross income from the sale of goods, merchandise or other articles of value in their original containers or gasoline and other petroleum products with gross annual sales of $1 million or more; and(B) Offers a limited quantity and variety of food, household and sundry items; and(C) Operates at any time between the hours of twelve o'clock a.m. and five o'clock a.m.; and(D) Does not sell or offer for sale prescription drug items.(2) "Owner" means the person, corporation, partnership, joint venture or other group enterprise having an ownership or proprietary interest in a convenience food store.(3) "Employee" means any person permitted to work by a person, corporation, partnership, joint venture or group enterprise legally responsible for the operation of the convenience food store.
WV Code § 21-13-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 13. Convenience Food Stores Safety Act|§21-13-3. Convenience Food Store Regulations

All convenience food stores shall comply with the following provisions:(1) If open for business after twelve o'clock a.m., the convenience food store must employ two persons who are continuously on duty on the premises from twelve o'clock a.m. until closing or five o'clock a.m., whichever occurs first, or employ one person during these hours and install the security camera system provided for in subdivision (3) of this section, or install a security booth for one person to occupy during these hours or lock their doors and allow customers to be served through a pass-through device.(2) The entire area of the parking area used by customers of convenience food stores must be lighted during all hours of darkness when employees or customers, or both employees and customers are on the premises. Minimum average maintained illuminance must be two footcandles or greater with a uniformity ratio (average to minimum) of no more than five to one unless such lighting violates applicable municipal lighting code requirements or creates a public or private nuisance.(3) If only one person is employed on duty on the premises from twelve o'clock a.m. until closing or five o'clock a.m., the store shall install, by January 1, 1999, a security camera capable of producing a retrievable image on film or tape that can be enlarged through projection or other means. The cameras shall be maintained in proper working order at all times.(4) Any owner or employee who works between the hours of twelve o'clock a.m. and five o'clock a.m. at a convenience food store shall be trained in robbery prevention by the owner. Owners shall develop a written robbery prevention program which shall be available for inspection during regular business hours at each convenience food store, and shall base the training on the program.(5) Provide height markers at the door or doors exiting the premise which display measurements from the floor: Provided, That any owner who is in compliance with this section and certifies such compliance to the Superintendent of State Police or the superintendents designee, or the county sheriff's department or the municipal police department, on or before January 1, 1999, shall be exempt from the provisions of section four of this article.
WV Code § 21-13-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 13. Convenience Food Stores Safety Act|§21-13-4. Penalties and Enforcement

Any owner who fails to comply with this article, upon the first violation, shall be assessed a civil fine of not less than $100 nor more than $500; and, upon a second violation shall be fined not less than $500 nor more than $1,000. For third and subsequent violations, an owner shall be fined not less than $1,000 nor more than $5,000. If noncompliance is corrected within ten days after a violation, no fine may be assessed.
WV Code § 21-14-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-1. 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 plumbing through licensure by the Commissioner of Labor.
WV Code § 21-14-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-2. Definitions

As used in this article:(a) "License" means a valid and current license issued by the Commissioner of Labor in accordance with the provisions of this article.(b) "Journeyman plumber" means a person qualified by passage of a journeyman plumber written examination with a score of at least 70 percent and who is competent to instruct and supervise the work of a plumber in training.(c) "Master plumber" means a person who has passed a master plumber written examination with a score of at least 70 percent and who is competent to design plumbing systems, and to instruct and supervise the plumbing work of journeyman plumbers, and plumbers in training: Provided, That the master plumber written examination may not be taken until one year after passage of the journeyman plumber examination.(d) "Plumber in training" means a person who has not passed the journeyman plumber examination: Provided, That the fee for plumbers in training may not be higher than $25.00. (e) "Plumbing" means the practice, materials, and fixtures utilized within a building in the installation, extension, and alteration of all piping, fixtures, water treatment devices, plumbing appliances, and appurtenances, in connection with sanitary drainage or storm drainage facilities; the plumbing venting systems; medical gas systems; fuel oil and gas piping for residential, commercial, and institutional facilities; backflow preventers; and public or private water supply systems, as defined by the state building code.(f) "Single family dwelling" means a building which is occupied as, or designed or intended for occupancy as, a single residence for one or more persons.
WV Code § 21-14-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-3. License Required; Exemptions

(a) On and after January 1, 2009, a person performing or offering to perform plumbing work in this state shall have a license issued by the Commissioner of Labor, 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 plumbing work is being performed.(c) This article does not apply to:(1) A person who personally performs plumbing work on a single family dwelling owned or leased by that person or by a member of that person's immediate family;(2) A person who performs plumbing 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 performs plumbing work while employed by an employer who engages in the business of selling appliances at retail, so long as such plumbing work is performed incidental to the installation or repair of appliances sold by the employer;(4) A person who, while employed by a public utility or its affiliate, performs plumbing in connection with the furnishing of public utility service;(5) A person who performs plumbing 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;(6) A person who performs plumbing work while engaged in the installation, extension, dismantling, adjustment, repair, servicing or alteration of a heating ventilation and air conditioning (HVAC) system, air-veyor system, air exhaust system or air handling system;(7) A person who performs plumbing work at a coal mine that is being actively mined or where coal is being processed; or(8) A person who performs plumbing work at manufacturing, industrial and natural gas facilities.
WV Code § 21-14-3a (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-3a. Veteran Qualification for Examination for License as a Plumber

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 plumber, utilities worker, or other equivalent rating in his or her particular branch of the armed forces, and whose service in the armed forces was under honorable conditions, may submit to the West Virginia Commissioner of Labor a photostatic copy of the certificate issued to him or her certifying successful completion of such course of instruction, a photostatic copy of his or her discharge from the armed forces, an application for a certification as a plumber, and the prescribed license fee. If the certificate and discharge, as evidenced by the photostatic copies thereof, and the application 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 plumber 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 § 21-14-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-4. Rule-Making Authority

The Commissioner of Labor shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a 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;(2) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform 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) Reciprocity provisions;(4) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;(5) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer the provisions of this article;(6) Enforcement procedures; and(7) Any other rules necessary to effectuate the purposes of this article.
WV Code § 21-14-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-5. Enforcement

The Commissioner of Labor and his or her Deputy Commissioner or any compliance officer of the Division of Labor as authorized by the Commissioner of Labor is authorized to enforce the provisions of this article, and may, at reasonable hours, enter any building or premises where plumbing work is performed and issue cease and desist orders for noncompliance.
WV Code § 21-14-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-6. Denial, Suspension, and Revocation of License

(a) The Commissioner of Labor may deny a license to any applicant who fails to comply with the rules established by the Commissioner of Labor, or who lacks the necessary qualifications: Provided, That the commissioner shall apply 21-1-6 of this code to determine if the prior criminal conviction bears a rational nexus to the license being sought.  (b) The Commissioner of Labor 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;(3) The licensee incompetently or unsafely performs plumbing work; or(4) The licensee violated any statute of this state, any legislative rule or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful, or improper business practices.
WV Code § 21-14-7 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-7. Penalties

(a) On and after January 1, 2009, a person performing or offering to perform plumbing work without a license issued by the Commissioner of Labor, is subject to a cease and desist order.(b) Any person continuing to engage in plumbing work after the issuance of a cease and desist order 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) A separate offense means each day, after official notice is given, that a person performs plumbing work that is unlawful or is not in compliance with the provisions of this article.(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 is 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.(e) Any person adversely affected by an action of the Commissioner of Labor may appeal the action pursuant to the provisions of chapter 29A of this code.
WV Code § 21-14-8 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-8. Inapplicability of Local Ordinances

On and after January 1, 2009, a political subdivision of this state may not require, as a condition precedent to the performance of plumbing work in the political subdivision, a person who holds a valid and current license issued under the provisions of this article, to have any other license or other evidence of competence as a plumber.
WV Code § 21-14-9 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 14. Supervision of Plumbing Work|§21-14-9. Disposition of Fees

All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in a special revenue account in the State Treasury to be known as the Plumbing Work Fund 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 funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.
WV Code § 21-15-1 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 15. Zipline and Canopy Tour Responsibility Act|§21-15-1. Legislative Purpose

The Legislature finds that:(1) The sport of ziplining and canopy touring is practiced by a large number of citizens of West Virginia and also attracts to West Virginia a large number of nonresidents, significantly contributing to the economy of West Virginia; and(2) There are inherent risks in the sport of ziplining and canopy touring which should be understood by each participant and which are essentially impossible to eliminate by the zipline or canopy tour operator.
WV Code § 21-15-2 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 15. Zipline and Canopy Tour Responsibility Act|§21-15-2. Definitions

As used in this article:(1) "ACCT" means the Association for Challenge Course Technology;(2) "Canopy tours" means a facility not located in an amusement park or carnival which is a supervised or guided educational or recreational activity including, but not limited to, beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers and ziplines, which may be installed on or in trees, poles, portable structures or buildings, or be part of self-supporting structures.(3) "Challenge course standards" means the Challenge Course Standards: Association for Challenge Course Technology, Seventh Edition (2008), or substantially equivalent standards.(4) "Division" means the West Virginia Division of Labor.(5) "Employee" means an officer, agent, employee, servant, or volunteer, whether compensated or not, whether full time or not, who is authorized to act and is acting within the scope of his or her employment or duties with the zipline operator.(6) "Operator" means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any zipline or canopy tour.(7) "Participant" means any person who engages in activities on a zipline or canopy tour individually or in a group activity supervised by a zipline or canopy tour operator.(8) "Special inspector" means a professional inspector who meets the qualifications set forth in ACCT or substantially equivalent standards and is certified by the division pursuant to section eight;(9) "Zipline" means a commercial recreational activity where participants, by the use of a permanent cable or rope line suspended between support structures, enables a participant attached to a pulley to traverse from one point to another, for the purpose of giving the participants amusement, pleasure, thrills or excitement.
WV Code § 21-15-3 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 15. Zipline and Canopy Tour Responsibility Act|§21-15-3. Duties of a Zipline or Canopy Tour Operators

Every operator shall:(1) Construct, install, maintain and operate all ziplines and canopy tours in accordance with ACCT challenge course standards or substantially equivalent standards;(2) Ensure that ziplines and canopy tours are inspected at least annually by the Division or a special inspector;(3) Train employees operating ziplines and canopy tours in accordance with national standards associated with their profession;(4) Procure and maintain commercial general liability insurance against claims for personal injury, death and property damages occurring upon, in or about the zipline or canopy tour which affords protection to the limit of not less than $1 million for injury or death of a single person, to the limit of $2 million in the aggregate, and to the limit of not less than $50,000 for property damage; and(5) Maintain records for a period of at least three years from the date of the creation of the record of:(A) Proof of insurance;(B) Inspection reports;(C) Maintenance records; and(D) Participant acknowledgment of risks and duties.
WV Code § 21-15-4 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 15. Zipline and Canopy Tour Responsibility Act|§21-15-4. Responsibilities of Participants; Prohibited Acts

(a) It is the duty of each participant to participate as instructed by the operator.(b) Participants have a duty to act as would a reasonably prudent person when engaging in the sport of ziplining or canopy touring offered by a operator.(c) No participant may:(1) Use a zipline or canopy tour without the authority, supervision and guidance of the zipline operator;(2) Drop, throw or expel any object from a zipline or canopy tour except as authorized by the operator;(3) Perform any act which interferes with the running or operation of a zipline or canopy tour; or(4) Engage in any harmful conduct, or willfully or negligently engage in any type of conduct with contributes to cause injury to any person.
WV Code § 21-15-5 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 15. Zipline and Canopy Tour Responsibility Act|§21-15-5. Liability of Zipline Operators

(a) A zipline operator shall be liable for injury, loss or damage caused by failure to follow the duties and standard of care set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered.(b) A zipline operator is not liable for any injury, loss or damage caused by the negligence of any person who is not an agent or employee of the operator.
WV Code § 21-15-6 (2021)
2021 West Virginia Code|Chapter 21. Labor|Article 15. Zipline and Canopy Tour Responsibility Act|§21-15-6. Rules

The division shall promulgate rules for the safe installation, repair, maintenance, use, operation and inspection of all ziplines and canopy tours consistent with ACCT Challenge Course Standards. The rules shall be in addition to any existing applicable safety orders and shall be concerned with the installation, repair, maintenance, use, operation and inspection of ziplines and canopy tours consistent with ACCT Challenge Course Standards. The rules shall be promulgated and designed for the purpose of developing ziplines and canopy tours as a recreational activity and additional tourist attraction in West Virginia. All rules shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.