reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-7. Issuance of Permit; Certificate of Inspection; Availability to Public

If, after inspection, an amusement ride or amusement attraction is found to comply with the rules of the division, the division shall issue a permit to operate. The permit shall be in the form of a certificate of inspection and shall be kept in the records of any operator or owner for a three-year period and shall be readily accessible to the public for inspection at any reasonable time at the carnival, fair or event where the amusement ride or attraction is located. A copy of the certificate, showing the last date of inspection, shall be affixed to the amusement ride or amusement attraction upon issuance: Provided, That the division shall take final action upon all completed permit applications within thirty days of receipt if the application is uncontested, or within ninety days if the application is contested.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-8. Notice of Intention to Erect New Ride or Attraction or Add to or Alter Existing Ride or Attraction

Before a new amusement ride or amusement attraction is erected, or whenever any additions or alterations are made which change the structure, mechanism, classification or capacity of any amusement ride or amusement attraction, the operator shall file with the division a notice of his or her intention and any plans or diagrams requested by the division for purposes of determining the applicability of section six of this article.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-9. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public

An owner or operator of an amusement ride or amusement attraction shall notify the division not later than twenty-four hours after any fatality or accident occurring as a result of the operation of the amusement ride or amusement attraction that results in a serious physical injury to any person requiring medical treatment or results in a loss of consciousness to any person. The notice may be oral or written. The division shall investigate each fatality or accident and any safety-related complaint involving an amusement ride or amusement attraction in this state about which the division receives notice. Every owner or operator of an amusement ride or amusement attraction shall keep a record of each accident or fatality and the record shall be kept with the certificate of inspection required by this article and shall be readily accessible to the public for inspection at any reasonable time at the carnival, fair or event where the amusement ride or amusement attraction is located.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-11. Temporary Cessation of Operation of Ride or Attraction Determined to Be Unsafe

The division may order, in writing, a temporary cessation of operation of an amusement ride or amusement attraction if it has been determined after inspection to be hazardous or unsafe. Operation of the amusement ride or amusement attraction shall not resume until the conditions are corrected to the satisfaction of the division.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-12. Insurance; Bond

No person may operate an amusement ride or amusement attraction unless at the time there is in existence: (a) A policy of insurance approved by the division and obtained from an insurer authorized to do business in this state in an amount of not less than $300,000 per person and $1 million in the aggregate for each amusement ride or attraction location insuring the owner or operator against liability for injury suffered by persons riding the amusement ride or by persons in, on, under or near the amusement attraction; or (b) a bond in a like amount, as approved by the division: Provided, That the aggregate liability of the surety under any bond shall not exceed the face amount of the bond; or (c) cash or other security acceptable to the division. Satisfactory evidence of the insurance, bond or other security shall accompany the permit application.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-12a. Minimum Age for Operating Amusement Ride

No individual under the age of sixteen may be the operator of a kiddie ride or if under the age of eighteen be an operator of any other amusement ride or attraction: Provided, That the individual is not otherwise prohibited from being an operator pursuant to other state or federal law.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-13. Regulation of Carnivals, Fairs and Amusement Rides and Amusement Attractions by Cities and Counties

Nothing contained in this article prevents cities and counties from regulating carnivals, fairs or amusement rides and amusement attractions with regard to any aspect not relating to installation, repair, maintenance, use, operation and inspection of amusement rides and amusement attractions.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-14. Criminal Penalty for Violation

Any operator or owner who knowingly permits the operation of an amusement ride or amusement attraction in violation of the provisions of sections six, seven, eight, nine, eleven, twelve or twelve-a of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than 250 nor more than $1,000, confined in the county or regional jail not more than twelve months, or both fined and confined. Each day that a violation continues shall be considered a separate violation.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-15. Operating or Assembling an Amusement Ride While Intoxicated; Criminal Penalty

(a) A person may not operate or assemble an amusement ride or attraction while intoxicated.
(b) A person who violates subsection (a) of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $1,000 and not more than $2,500, or confined in the county or regional jail for not less than thirty days and not more than one year, or both.
(c) The clerk of the magistrate court or circuit court in which a person is convicted of a violation of this section shall notify the commissioner within ten days of the conviction.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-16. Revocation and Suspension of Permits

The commissioner may revoke or temporarily suspend the permit to operate issued pursuant to the provisions of section seven of this article to an owner or employee or contractor of an owner who is convicted of, or enters a guilty plea or a plea of nolo contendere to, a violation of subsection (a), section fifteen of this article.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-17. Civil Penalties for Violations

(a) If an individual is convicted of, or enters a guilty plea or a plea of nolo contendere to, a violation of subsection (a), section fifteen of this article, and the individual was not the owner of the ride being operated or assembled, the commissioner may impose a civil penalty not to exceed $5,000 on the owner of the ride being operated or assembled: Provided, That the owner knew or should have known that the individual was acting in violation of subsection (a), section fifteen of this article.
(b) All civil penalties collected by the commissioner shall be deposited into the amusement rides and amusement attractions safety fund created in section four of this article.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-19. Patron Responsibility

The owner or operator of an amusement ride or attraction may refuse any member of the public admission to a ride if his or her bearing or conduct could endanger himself or herself or others. These reasons include, but are not limited to: (1) Intoxication; (2) refusal to obey posted rules; (3) unacceptable or unsafe behavior as determined by the operator of the ride; and (4) violation of any age, height or weight restrictions as posted.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-2. Applicability of Article

This article does not apply to an action:
(1) Against a contractor for which a claimant, as a consumer, is entitled to a specific remedy pursuant to Chapter 46A of this code;
(2) Against a contractor who is not licensed under the provisions of 30-42-1
et seq
., of this code;
(3) Demanding damages of $5,000 or less;
(4) Alleging a construction defect that poses an imminent threat of injury to person or property;
(5) Alleging a construction defect that causes property not to be habitable;
(6) Against a contractor who failed to provide the notice required by 21-11A-5 or 21-11A-6 of this code;
(7) Against a contractor if the parties to the contract agreed to submit claims to mediation, arbitration, or another type of alternative dispute resolution; or
(8) Alleging claims for personal injury or death.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-3. Suit by Contractor; Perfecting Mechanic's Lien

(a) If a contractor, subcontractor, supplier or design professional files suit against a property owner upon whose property they provided goods or services, this article is not applicable, and a claimant alleging a construction defect may counterclaim or file an independent action, as appropriate.
(b) Nothing in this article precludes a contractor, subcontractor, supplier or design professional from perfecting a lien in accordance with the provisions of article two, chapter thirty-eight of this code.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-5. Contract for Residential Improvements; Notice

(a) Upon entering into a contract for residential improvements, the contractor shall provide notice to the owner of the real property of the right of the contractor, or any subcontractor, supplier or design professional to offer to cure construction defects before a claimant may commence litigation against the contractor, or a subcontractor, supplier or design professional. Such notice shall be conspicuous and may be included as part of the underlying contract.
(b) The notice required by subsection (a) of this section shall be in substantially the following form:
WEST VIRGINIA STATE LAW, AS SET FORTH IN CHAPTER 21, ARTICLE 11A OF THE WEST VIRGINIA CODE, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO MADE RESIDENTIAL IMPROVEMENTS TO YOUR PROPERTY. AT LEAST NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS. THERE ARE DEADLINES AND PROCEDURES UNDER STATE LAW AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-6. Contractor Notification Requirements for a New Residential Dwelling Constructed for Sale

(a) A contractor who constructs a new residential dwelling shall, at or before the closing of the sale, provide in writing to the initial purchaser of the residence:
(1) The name, license number, business address and telephone number of each subcontractor, supplier or design professional who provided goods or services related to the design or construction of the dwelling; and
(2) A brief description of the goods or services provided by each subcontractor, supplier or design professional identified pursuant to this section.
(b) At or before the closing of the sale, a notice shall be given to the purchaser that is in substantially the same form as set forth in subsection (b), section five of this article.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-7. Prerequisites to Commencing an Action

(a) The procedures contained in this article are exclusive and required prerequisites to commencing a civil action under the West Virginia rules of civil procedure.
(b) If a claimant files a civil action alleging a construction defect without first complying with the provisions of this article, then on application by a party to the action, the court shall dismiss the action, without prejudice, and the action may not be refiled until the claimant has complied with the requirements of this article.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-8. Notice of Claim of Construction Defect

(a) A claimant asserting a claim of a construction defect under this article shall file notice of the claim as provided by this section.
(b) The notice of claim shall:
(1) Be in writing and signed by the claimant or the claimant's authorized representative;
(2) Be delivered by hand, certified mail, return receipt requested or other verifiable delivery service, to the person designated in the contract to receive a notice of claim of a construction defect; if no person is designated in the contract, the notice shall be delivered to the contractor's chief administrative officer; and
(3) State in detail:
(A) The nature of the alleged construction defect and a description of the results of the defect;
(B) A description of damages caused by the alleged construction defect, including the amount and method used to calculate those damages; and
(C) The legal theory of recovery, i.e., a construction defect, including the causal relationship between the alleged construction defect and the damages claimed.
(c) In addition to the mandatory contents of the notice of claim as required by subsection (b) of this section, the claimant may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the claimant's claim.
(d) The notice of claim shall be delivered no later than ninety days prior to filing an action.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-9. Service on Additional Parties

Within fourteen days after the initial service of the notice of claim required in subsection (a) of this section, the contractor shall forward a copy of the notice to each subcontractor, supplier and design professional who the contractor reasonably believes is responsible for a defect specified in the notice and include with the notice a description of the specific defect for which the contractor believes the subcontractor, supplier or design professional is responsible.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-12. Timetable

(a) Following receipt of a claimant's notice of claim, the contractor or other designated representative shall review the claimant's claim and initiate negotiations with the claimant to attempt to resolve the claim.
(b) Subject to subsection (c) of this section, the parties shall begin negotiations within a reasonable period of time not to exceed thirty days following the date the contractor receives the claimant's notice of claim.
(c) The parties may conduct negotiations according to an agreed schedule, but must begin negotiations no later than the deadline set forth in subsection (b) of this section.
(d) Subject to subsection (e) of this section, the parties shall complete the negotiations that are required by this article within ninety days after the contractor receives the claimant's notice of claim.
(e) The parties may agree in writing to extend the time for negotiations, on or before the ninetieth day after the contractor receives the claimant's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party and shall provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-13. Conduct of Negotiation

Negotiation is a consensual bargaining process in which the parties attempt to resolve the claim. A negotiation under this article may be conducted by any method, technique or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference or by any other method that permits the parties to identify their respective positions, discuss their respective differences, confer with their respective advisers, exchange offers of settlement and settle.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-14. Settlement Agreement

(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.
(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the claimant and the contractor who have authority to bind each respective party.
(c) A partial settlement does not waive parties' rights as to the parts of the claims that are not resolved.
2023 West Virginia Code › Chapter 21. Labor › Article 11A. Notice and Opportunity to Cure Construction Defects › §21-11A-16. Commencement of Action

If a claim for a construction defect is not resolved in its entirety through negotiation in accordance with this article on or before the ninetieth day after the contractor receives the notice of claim or after the expiration of any extension agreed to by the parties, the claimant may commence an action.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-2. Definitions

As used in this article:
"Bungee jumping" means a commercial recreational activity where participants jump off a platform or other area, whether natural or man-made with a cord or other elastic device attached or otherwise affixed or connected to the jumper in order to prevent the jumper from striking the ground or earth below the jump platform, and which activity is engaged in for the purpose of giving the jumpers amusement, pleasure, thrills or excitement.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-3. Rules

The Division of Labor shall promulgate rules for the safe installation, repair, maintenance, use, operation and inspection of all commercial bungee jumping activities. The rules shall be in addition to any existing applicable safety orders and shall be concerned with the elasticity of cords relative to a jumper's weight; loss of cord elasticity after repetitive jumps; clear area in which the cord and jumper may swing following a jump; risks of falling off of a jump platform, both by customers and employees, equipment quality; engineering force stresses, safety devices and preventative maintenance. The rules shall be promulgated and designed for the purpose of developing commercial bungee jumping 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.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-6. Permits; Application; Annual Inspection

(a) An operator or owner shall not knowingly permit the operation of a commercial bungee jumping event without a permit issued by the division.
(b) Commercial bungee jumping sites will be inspected at intervals to be determined by the Division of Labor, but in no event, shall a commercial bungee jumping site be inspected less frequently than once per year.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-7. Issuance of Permit; Certificate of Inspection; Availability to Public

If, after inspection, a commercial bungee jumping site, together with the jump platform and equipment, is found to comply with the rules of the division, the division shall issue a permit to operate. The permit shall be in the form of a certificate of inspection and shall be kept in the records of any operator or owner for a three-year period and shall be readily accessible to the public for inspection at any reasonable time at the commercial bungee jumping site or where a commercial bungee jump is located. A copy of certificate, showing the last date of inspection, shall be affixed to the bungee jumping platform upon issuance, or at any other location designated by the commissioner of the Division of Labor: Provided, That the division shall take final action upon all completed permit applications within thirty days of receipt if the application is uncontested, or within ninety days if the application is contested.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-8. Notice of Serious Physical Injury or Fatality; Investigations; Records Available to Public

An owner or operator of a commercial bungee jumping site shall notify the division not later than twenty-four hours after any fatality or accident occurring as a result of the operation of the commercial bungee jumping site that results in a serious physical injury requiring medical treatment or results in a loss of consciousness. The notice may be oral or written. The division shall investigate each fatality or accident and any safety related complaint involving a commercial bungee jumping site in this state about which the division receives notice. Every owner or operator of a commercial bungee jumping site shall keep a record of each accident or fatality and the record shall be kept with the certificate of inspection required by this article and shall be readily accessible to the public for inspection at any reasonable time at the commercial bungee jumping site or where the attraction is located.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-10. Temporary Cessation of Operation of Bungee Jumping Site or Attraction Determined to Be Unsafe

The division may order, in writing, a temporary cessation of operation of a commercial bungee jumping site if it has been determined after inspection to be hazardous or unsafe. Operation shall not resume until the conditions are corrected to the satisfaction of the division.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-11. Insurance; Bond

No person may operate a commercial bungee jumping site unless at the time there is in existence (a) a policy of insurance approved by the division and obtained from an insurer authorized to do business in this state in an amount of not less than $300,000 per person and $1 million in the aggregate for each commercial bungee jumping site or jump platform location insuring the owner or operator against liability for injury suffered by persons jumping from the jump platform or by persons in, on, under or near the jump platform or commercial bungee jumping site, or (b) a bond in a like amount, as approved by the division: Provided, That the aggregate liability of the surety under any bond shall not exceed the face amount thereof, or (c) cash or other security acceptable to the division. Satisfactory evidence of insurance, bond or other security shall accompany the permit application.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-12. Regulation of Commercial Bungee Jumping Events and Attractions by Cities and Counties

Nothing contained in this article prevents cities and counties from regulating commercial bungee jumping sites or events with regard to any aspect not relating to installation, repair, maintenance, use, operation and inspection of the commercial bungee jump site, jump platforms or equipment.
2023 West Virginia Code › Chapter 21. Labor › Article 12. Commercial Bungee Jumping Safety Act › §21-12-13. Criminal Penalty for Violation

Any operator or owner who knowingly permits the operation of a commercial bungee jumping site or event in violation of the provisions of section six of this article is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $1,000, imprisoned in the county jail not more than twelve months, or both fined and imprisoned.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.