reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-9b. Asbestos Clearance Air Monitor License Required

(a) After January 1, 1994, it shall be unlawful for any individual who does not possess a valid asbestos clearance air monitor license to sample asbestos abatement project areas for clearance.
(b) To qualify for an asbestos clearance air monitor license, an applicant shall:
(1) Satisfactorily complete a course approved by the director for asbestos clearance air monitors;
(2) Demonstrate to the satisfaction of the director that the applicant is familiar with and capable of complying fully with all applicable requirements, procedures and standards of the United States environmental protection agency, the United States occupational safety and health administration and the state departments of health and human resources and commerce, labor and environmental resources covering final air clearances for asbestos abatement projects; and
(3) Meet the requirements otherwise set forth by the director.
(c) Applicants shall submit an application and a certificate that shows satisfactory completion of a course approved by the director for asbestos air clearance monitors to the division and shall pay the applicable fee to the division. The director may deny a license if there has been a failure to comply with the application procedure or if the applicant fails to satisfy the application criteria. Written notice of such denial and an opportunity for reapplication shall be afforded to all applicants.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-9c. Resilient Floor Covering Worker License Required

(a) After January 1, 1994, it shall be unlawful for an individual who does not possess a valid resilient floor covering worker's license to be employed as a resilient floor covering worker.
(b) To qualify for a resilient floor covering worker's license an individual shall:
(1) Satisfactorily complete a training course approved by the director for resilient floor covering workers;
(2) Demonstrate to the satisfaction of the director that the applicant is familiar with and is capable of complying fully with all applicable requirements, procedures and standards of the United States occupational safety and health administration and the state departments of health and human resources and commerce, labor and environmental resources covering resilient floor covering removal; and
(3) Meet the requirements otherwise set forth by the director.
(c) Applicants for a resilient floor covering worker's license shall submit an application and a certificate that shows satisfactory completion of a training course approved by the director for resilient floor covering workers to the division and shall pay the applicable fee to the division. The director may deny a license if there has been a failure to comply with the application procedures or if the applicant fails to satisfy the application criteria. Written notice of denial and an opportunity for reapplication shall be afforded to all applicants.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-11. Notification; Waivers; Exemptions

(a) Each owner or other person responsible for the operation of a building or facility where an asbestos abatement project is to occur shall notify the commissioner at least ten working days prior to commencement of each asbestos abatement project and shall comply with other applicable state and federal legal and regulatory notification requirements for asbestos abatement projects.
(b) In an emergency that results from a sudden unexpected event that is not a planned renovation or demolition, the commissioner may waive the requirement of ten working days prior notification, but in all cases notification shall be made to the bureau after the emergency within the specified time required by the commissioner.
(c) Asbestos abatement projects involving less than one hundred sixty square feet or two hundred sixty linear feet of asbestos containing material are exempt from the prior notification requirement, unless the project takes place in a school for any of grades kindergarten through twelve. A summary of the projects shall be submitted to the bureau within a specified time as required by the commissioner.
(d) Removal, repair and maintenance of oil and gas pipeline asphaltic wrap which contains asbestos fibers encapsulated or coated by bituminous or resinous compounds is not subject to the requirements of this article if:
(1) The pipeline asphaltic wrap which contains asbestos fibers encapsulated or coated by bituminous or resinous compounds is not friable prior to disturbance along the length of the pipeline being removed, repaired or maintained;
(2) The area disturbed in preparing the pipeline for cutting does not exceed two hundred sixty linear feet of removed friable asbestos;
(3) Before work begins and as needed during the job, a competent person conducts an inspection of the worksite and determines that the material is intact and will likely remain intact;
(4) All employees performing work covered by this subsection are trained in accordance with OSHA standards, 29 CFR 1926.1101(g)(11)(ii), and all other workers shall remain at a safe distance from the site;
(5) The material is not sanded, abraded or ground. Manual methods which do not render the material nonintact must be used;
(6)All removal or disturbance of pipeline asphaltic wrap is performed using wet methods; and
(7) All pipeline and asbestos-containing material removed from the pipeline is disposed of in a lawful manner.
(e) Persons who remove resilient floor covering materials in single-family dwellings are exempt from notification requirements.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-12. Approval of Asbestos Abatement Courses

A person or organization may apply for department and United States environmental protection agency approval of a course on the health and safety aspects of asbestos abatement, removal, enclosure and encapsulation by submitting a full description of the curriculum and a written application on forms prescribed by the department.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-14. Prohibiting Employer Discrimination; Notice to Employees

(a) No employer may discharge, threaten or otherwise discriminate or retaliate against an employee by changing the employee's compensation, terms, conditions, location or privileges of employment because the employee, acting on his own volition, or a person acting on behalf of or under the direction of the employee, makes a good faith report or is about to report, verbally or in writing, to the employer or appropriate authority an instance of wrongdoing or waste; or because the employee is requested or subpoenaed by an appropriate authority to participate in an investigation, hearing or inquiry held by an appropriate authority or in a court action.
(b) An employer shall post notices and use other appropriate means to notify employees and keep them informed of protections and obligations set forth in the provisions of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-15. Reprimands; Suspension or Revocation of License; Violations; Orders; Hearings

(a) The director may reprimand, suspend or revoke the license of an asbestos analytical laboratory, clearance air monitor, contractor, inspector, management planner or worker, or of an asbestos abatement project designer or supervisor, or of a resilient floor covering worker, if the licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license or knowingly aids another in such fraud or deception;
(2) Fails at any time to meet the qualifications for a license or to comply with the requirements of this article or any applicable rules or regulations adopted by the director;
(3) Fails to meet applicable federal or state standards for asbestos abatement projects; or
(4) Employs or permits an individual not licensed as required by this article to work on an asbestos abatement project.
(b) The director may investigate all suspected violations of this article or any rules promulgated hereunder. Upon the finding of a violation in connection with any asbestos abatement project, the director shall issue a cease and desist order directing that all work on the project be halted forthwith. Posting of the cease and desist order on the project site shall constitute notice of its contents to the property owner and all persons working on the asbestos abatement project. Where practicable, however, the director shall deliver a copy of such order by certified mail, return receipt requested, to the property owner and to the contractor.
(c) Hearings regarding violations of this article and any rules promulgated hereunder shall be conducted in accordance with the administrative procedures act of chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 32. Asbestos Abatement › §16-32-16. Penalties

The director may impose a civil penalty of not less than $250 and not more than $5,000 for each separate violation of this article or any rules promulgated hereunder.
Notwithstanding any other provision of this code, any person who violates any provision of this article or any rule or regulation related hereto shall be guilty of a misdemeanor.
In any case where a person fails to halt work following the issuance of a cease and desist order by the director, the violation shall be presumed to be willful and shall be assessed a civil penalty by the director of not less than $10,000 nor more than $25,000 for an initial violation and not less than $25,000 nor more than $50,000 for each subsequent violation.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-2. Definitions

As used in this article:
(a) "Advisory committee" means the medical advisory committee to the breast and cervical cancer detection and education program coalition established pursuant to the provisions of section five of this article.
(b) "Approved organization" means an organization approved by the director to provide medical services under section four of this article.
(c) "Bureau" means the state bureau of public health established pursuant to the provisions of article one of this chapter.
(d) "Department" means the Department of Health and Human Resources.
(e) "Director" means the director of the division of health.
(f) "Unserved or underserved populations" means persons having inadequate access and financial resources to obtain breast and cervical cancer screening and detection services, including persons who lack health insurance or whose health insurance coverage.
(g) "Fund" means the breast and cervical cancer diagnostic and treatment fund.
(h) "Qualified applicant" means a person who meets the financial and medical eligibility guidelines of this article.
(i) "Provider" means a physician, hospital or medical provider currently licensed, operating or practicing in this state.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-3. Establishment of Breast and Cervical Cancer Detection and Education Program

(a) There is hereby created within the department the breast and cervical cancer detection and education program. This program is established to promote screening and detection of breast and cervical cancer among unserved or underserved populations, to educate the public regarding breast and cervical cancer and the benefits of early detection, and to provide counseling and referral services.
(b) The program shall include:
(1) Establishment of a public education and outreach campaign to publicize breast and cervical cancer detection and education services, including the extent of coverage for such services by health insurance, the medical assistance program and other public and private programs;
(2) Provision of grants to approved organizations under section four of this article;
(3) Compilation of data concerning the breast and cervical cancer detection and education program and dissemination of the data to the public; and
(4) Development of professional education programs including the benefits of early detection of breast and cervical cancer and the recommended frequency of screening examinations for prevention and control.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-5. Breast and Cervical Cancer Detection and Education Program Coalition

(a) There is hereby established the breast and cervical cancer detection and education program coalition. The members of the coalition shall be appointed by the director and shall be representative of consumers including persons with breast or cervical cancer, local health departments, health care providers and recognized experts in the provision of health services to women, cancer research or environmental health.
(b) The breast and cervical cancer coalition shall be responsible for advising the director with respect to the implementation of this article and shall make recommendations as to the selection of approved organizations and the standards to be established by the director pursuant to subsection (c), section four of this article. The director shall consult with the coalition on standards for approved organizations, selecting approved organizations, making grants to such organizations and implementing the breast and cervical cancer detection and education program.
(c) The director shall perform an evaluation of the state's system for early detection and treatment of breast and cervical cancer and shall submit to the Legislature and the Governor a report detailing his findings and recommendations concerning the state's response to the high incidence of breast and cervical cancer. Such report shall be submitted no later than December 1,1993, and shall reflect the evaluation of the at-risk population screened for breast and cervical cancer detection for the previous twelve months.
(d) The breast and cervical cancer coalition shall meet at least three times a year to receive information and provide interaction, consultation and advice.
(e) The members of the coalition shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in performance of their duties.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-6. Annual Report

The director shall submit an annual report to the Governor and the Legislature concerning the operation of the breast and cervical cancer detection and education program including available data and assessment. Such report shall also include any recommendations for additional action to respond to the high incidence of breast and cervical cancer in this state. The report shall be transmitted to Governor and members of the Legislature electronically. Further, the report shall be provided to the legislative librarian to be posted to the legislative website. No hard copy of the report shall be issued; however, upon request a hard copy shall be provided.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-7. Establishment of Breast and Cervical Cancer Diagnostic and Treatment Fund

(a) There is hereby established the breast and cervical cancer diagnostic and treatment fund which shall provide financial assistance for the medical care of indigent patients for diagnostic and treatment services for breast and cervical cancer.
(b) The fund may be comprised of moneys appropriated to the fund by the Legislature, allocated to the fund by the federal government and all other sums designated for deposit in the fund from any source, public or private.
(c) The fund shall be administered by the office of maternal and child health within the bureau of public health. The bureau shall file an annual report with the Joint Committee on Government and Finance describing the operation and status of the fund, acts, policies, practices or procedures of the bureau in implementing the provisions of this article, and the bureau's recommendations as to changes in law or policy which it deems necessary or appropriate.
(d) Nothing in this article may be construed or interpreted to mean that covered diagnostic and treatment services are required to be provided by the bureau or the department. Nothing in this article shall be construed to mandate funding for the breast and cervical diagnostic and treatment fund or to require any appropriation by the Legislature to the fund.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-8. Responsibilities of Advisory Committee; Establishment of Covered Services, Limitation of Services and Procedures; Authorization for Payment; Promulgation of Rules; Annual Reports

(a) The advisory committee shall establish procedures and requirements regarding participation in the fund, including, but not limited to, the following:
(1) Establishing a list of covered services approved for payment through the fund, including (A) diagnostic and treatment services for breast or cervical cancer or a condition suggestive of cancer, and (B) ancillary diagnostic studies which may be authorized only when it is determined by the bureau to be directly related to the confirmation of a diagnosis of cancer or is necessary for treatment planning;
(2) Establishing procedures for emergency admissions or immediate patient entry into the health care system upon a determination that covered services are necessary so as to ensure prompt testing, diagnosis or treatment of breast or cervical cancer.
(3) Setting a limitation on days of service covered by the fund, and authorizing that the number of days for reimbursement be based on the medical condition of the patient and the procedure to be performed;
(4) Reviewing requests and providing authorization for payment of diagnostic or treatment services covered by the fund;
(5) Promulgating rules, in conjunction with the bureau, in accordance with the provisions of chapter twenty-nine-a of this code regarding the administration of the fund; and
(6) Submitting annual reports to the state bureau of public health regarding the operation and progress of the fund, the number of patients treated through the fund, and other statistical data as may be required by the bureau.
(b) The advisory committee shall study the possibility of and the cost associated with establishing a fund to provided financial assistance to qualified applicants for diagnostic and treatment services for prostate and colon cancer. The committee shall provide a report to the Joint Committee on Government and Finance on or before January 1, 1997.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-9. Financial Eligibility

To be eligible for services under the fund, a patient's income must be at or below two hundred percent of the federal poverty level in accordance with the prevailing national poverty income guidelines and be medically eligible for participation pursuant to the provisions of section ten of this article. No patient who is covered by medical insurance, Medicaid or Medicare may be financially eligible for participation in the fund.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-10. Medical Eligibility

(a) In addition to the requirements contained in section nine of this article, in order to be eligible for services under the fund, a patient shall have a condition strongly suspicious of cancer which requires diagnostic services to confirm the preliminary diagnosis to be medically eligible for diagnostic authorization. The bureau may authorize only those services determined by the advisory committee to be medically necessary to confirm a preliminary diagnosis.
(b) A positive pathology report is required before treatment services may be authorized by the fund.
2023 West Virginia Code › Chapter 16. Public Health › Article 33. Breast and Cervical Cancer Prevention and Control Act › §16-33-11. Application Forms and Process

(a) The bureau shall develop authorization request forms and make the forms available to the provider upon request.
(b) An application for inpatient diagnostic services shall be accompanied by a written, signed statement from the attending physician which includes the medical basis for requested inpatient services and explains why the services may not be performed on an outpatient basis.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-1. Legislative Finding

The Legislature hereby finds and declares that radon is a dangerous toxic substance and harmful to the citizens of this state. Therefore, to help ensure the protection of the citizens of this state, persons who come into contact with radon through remediation or testing should be trained and licensed professionals who know how to deal with radon.
It is the intent of the Legislature that this article is be in addition to all other statutes and rules relating to radon.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-2. Definitions

(a) "Building" means a publicly or privately owned structure consisting of any combination of foundations, walls, columns, girders, beams, floors and roofs, with or without other elements of appurtenances.
(b) "Business entity" means a corporation, partnership, association, firm, sole proprietorship or other entity engaged in business.
(c) "Director" means the director of the division of health.
(d) "Mitigate" means to repair or alter an existing building or design for the purpose, in whole or in part, of reducing the concentration of radon in the indoor atmosphere.
(e) "Radon" means the radioactive noble gas radon-222 and the short-lived radionuclides which are products of radon-222 decay, including polonium-218, lead-214, bismuth-214 and polonium-214.
(f) "Radon laboratory" means a business entity that offers its laboratory services for the purpose of studying air, soil samples or passive radon detection devices to determine the concentration of radon.
(g) "Radon mitigation contractor" means a business entity having at least one person licensed as a radon mitigation specialist.
(h) "Radon mitigation specialist" means a person holding a license to install or apply methods or materials to reduce airborne radon concentrations in a building or to prevent the entry of radon into the indoor atmosphere.
(i) "Radon testers" means a business entity or person licensed to examine a building, air, soil or water for the presence of radon, including taking air, soil or water samples, or the act of diagnosing the cause of radon contamination in a building.
(j) "Secretary" means the secretary of the Department of Health and Human Resources.
(k) "Test" means the act of examining a building, soil or air for the presence of radon, including taking air or soil samples, or the act of diagnosing the cause of radon contamination in a building.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-3. License Required and Exemptions

(a) Except as otherwise provided in subsection (b) of this section:
(1) No individual may perform radon testing or hold himself or herself out as performing radon testing without a valid radon tester or mitigation specialist license;
(2) No individual may provide professional or expert advice on radon testing, radon exposure or the health risks related to radon exposure or hold himself or herself out as providing such advice without a valid radon tester or mitigation specialist license;
(3) No individual may provide on-site supervision of radon mitigation or hold himself or herself out as providing such supervision without a valid radon mitigation specialist license;
(4) No individual may provide professional or expert advice on radon mitigation or radon entry routes or hold himself or herself out as providing such advice without a valid radon mitigation specialist license;
(5) No business or government entity may perform or authorize any individual employed by it to perform radon mitigation or hold itself out as performing radon mitigation without a valid radon mitigation contractor license; and
(6) No laboratory shall perform analyses of radon air and soil samples or radon detection devices for the purpose of assessing radon content without a valid radon laboratory license.
(b) Subsection (a) of this section does not apply to any of the following:
(1) An individual, business entity or government entity performing its own radon tests or mitigation on a building or real property that the individual, business entity or government entity owns or leases;
(2) An individual, business entity or government entity conducting research regarding radon testing or mitigation in accordance with section four of this article; or
(3) Employees of the Department of Health and Human Resources' radiological health program.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-4. Special Licensure Requirements

(a) No licensed radon mitigation contractor may do any of the following:
(1) Perform radon mitigation without the direct on-site supervision of a licensed radon mitigation specialist;
(2) Provide radon testing other than through the employment of a licensed radon tester or mitigation specialist;
(3) Provide advice regarding radon testing, radon exposure or the health risks associated with radon exposure other than through the employment of a licensed radon tester or mitigation specialist; or
(4) Provide advice regarding radon mitigation or radon entry routes other than through the employment of a licensed radon mitigation specialist.
(b) (1) No licensed radon tester, licensed radon mitigation specialist or licensed radon mitigation contractor involved in the testing of a particular building, or in the provision of advice with respect to a particular building may be involved in the performance of mitigation on that building unless the contract for mitigation is in writing and clearly and conspicuously states both of the following in language approved by the director:
(A) That the radon tester, mitigation specialist or mitigation contractor was involved in the testing or provision of advice that led to the mitigation contract; and
(B) The advantage of long-term testing and the value of a second opinion as ways to verify testing results and to assure that the proposed mitigation is appropriate, especially when the mitigation is to be performed by the tester, mitigation specialist or mitigation contractor that was involved in the testing or provision of advice that led to the mitigation contract.
(2) For purposes of this subsection, a radon tester, mitigation specialist or mitigation contractor involved in testing or providing advice with respect to a particular building will be considered to be "involved in the performance of mitigation on that building" if he or she has any ownership interest in, or has any contractual or employment relationship with, the individual or entity providing the mitigation.
(c) No licensed radon tester, licensed radon mitigation specialist or licensed radon mitigation contractor may perform radon testing or mitigation or provide any advice related to radon, radon testing or radon mitigation unless it is performed in accordance with the requirements of this article and the rules adopted under this article.
(d) No licensed radon tester, licensed radon mitigation specialist, licensed radon mitigation contractor or licensed radon laboratory may violate any requirement of this article or any rule adopted under it.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-6. Rules

(a) To protect the health of individuals inhabiting, occupying or frequenting buildings, the Department of Health and Human Resources shall adopt rules to implement the requirements of this article. All rules adopted under this section shall be adopted in accordance with article three, chapter twenty-nine-a of this code.
(b) The secretary shall adopt rules:
(1) Establishing criteria and procedures to be followed in issuing and renewing licenses to radon testers, mitigation specialists or mitigation contractors, as well as the fees for the licenses. The rules may require that all applicants for licensure as a radon tester or mitigation specialist pass an examination. If an examination is required, the rules may require applicants to pass an examination conducted by the division of health or by a training center accredited by the director;
(2) Establishing criteria and procedures to be followed in approving and accrediting training courses under section five of this article. The rules shall require the participants in training courses to pass an examination conducted by the operator of the course;
(3) Establishing criteria and procedures in approving and licensing radon laboratories;
(4) Establishing standards to be followed by licensed radon testers, mitigation specialists, mitigation contractors and radon laboratories for the prevention of hazards to the public health, including standards for worker protection, record keeping and the training of employees or radon testers and mitigation contractors;
(5) Establishing procedures to be followed by an individual business entity or government entity licensed by another state to practice as a radon tester, mitigation specialist, mitigation contractor or radon laboratory in providing notice to the director prior to commencing practice in this state pursuant to section three of this article; and
(6) That require licensed radon testers and mitigation specialists to report to the director, by street address, radon test results. The rules shall require the reporting of the identity of the radon laboratory involved, screening measurements, follow-up measurements, postmitigation measurements and, if it is known that mitigation was performed, the methods of mitigation that were used. Any information required to be reported to the director under the rules is not a public record and shall not be released except in aggregate statistical form.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-7. Complaints

(a) Any individual, business entity or government entity may file a complaint with the director concerning any radon tester, mitigation specialist, mitigation contractor or a radon laboratory or a training course approved under section six of this article. The complainant's name shall be confidential and shall not be released without his or her written consent. The director shall investigate complaints and take action under this article.
(b) If a radon tester, mitigation specialist, mitigation contractor or radon laboratory violates any rules promulgated pursuant to this article and as a result of the violation harms or injures in any manner an individual or business entity, that radon tester, mitigation specialist, mitigation contractor or radon laboratory shall be considered to have committed an unfair act or practice within the meaning of section one hundred four, article six, chapter forty-six-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-8. Licensed Tester, Mitigator and Contractor List

The director shall maintain a list of all licensed radon testers, mitigation specialists, mitigation contractors and radon laboratories located in the state. On request, the director shall provide a copy of all or part of the list to any individual, business entity or government entity. The director shall not impose a charge for providing the copy that exceeds the actual and necessary expense of copying it.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-9. Record Keeping and Confidentiality

(a) The director, any employee of the Department of Health and Human Resources, or any individual, business entity or government entity with which the director enters into an agreement under subdivision (3), subsection (k), section 5 of this article, shall not release information collected pursuant to this article concerning a specific building used as a private residence or the real property upon which it is located to anyone other than the owner or occupant of the building or real property without his or her consent: Provided, That the director may release information if he or she determines that the release is necessary for use in conducting legitimate scientific studies or the information is released in summary statistical or other form that does not reasonably tend to disclose the address of the building or real property or the identity of the owner or occupant.
(b) The division of health shall maintain information pursuant to this article and the rules adopted under this article for at least three years. The division may destroy any information that it has maintained for three years.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-10. Special Revenue Account

The funds collected from the fees applicable in this article shall be deposited in a special revenue account in the State Treasury to be used by the secretary and dedicated to the purposes of this article which include, but are not limited to, licensing, training, enforcement and program development for radon.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-12. Records Review

If the director requests to examine records, no licensed radon tester, mitigation specialist, mitigation contractor or operator of a radon laboratory or a training course approved under section six of this article shall fail to make available to the director any records pertinent to the activities regulated by this article and rules adopted under it.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-13. Reprimands; Suspension or Revocation of License; Orders; Hearings

(a) The director shall suspend or revoke the license of or reprimand a radon tester, mitigator, contractor or laboratory if the licensee:
(1) Fraudulently or deceptively obtains or attempts to obtain a license;
(2) Fails at any time to meet the qualifications for a license or to comply with the requirements of this article or any applicable rules adopted by the secretary;
(3) Fails to meet applicable federal or state standards for radon testing or radon mitigation; or
(4) Employs or permits an individual without a radon tester's license or a radon mitigator's license to supervise work on a radon project.
(b) The director shall investigate all alleged violations reported to the division of health. Upon the finding of a violation in connection with any project involving radon testing or mitigation, the director shall issue a cease and desist order directing that all work be halted immediately. Where practicable, the director shall deliver a copy of the order by certified mail, return receipt requested, to the radon tester and radon mitigator.
(c) Hearings regarding violations of this article shall be conducted in accordance with the administrative procedures act of chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 34. Licensure of Radon Mitigators, Testers, Contractors and Laboratories › §16-34-14. Penalties

Any person violating any of the provisions of this article, or any of the rules or orders issued pursuant to this article, is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $250 for each violation.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-2. Legislative Findings

(a) The Legislature hereby finds and declares that:
(1) Lead is a toxic substance and harmful to the citizens of this state;
(2) Lead poisoning is a devastating health hazard, particularly to young children, and results in serious long-term health effects;
(3) Children exposed to even low levels of lead exhibit learning disabilities, decreased growth, hyperactivity, deafness or hearing difficulties, and neurological damage;
(4) Workers and others who come into contact with lead when removing or remediating lead-based materials are also at risk of lead poisoning;
(5) Exposure occurs from contact with materials containing lead, including, but not limited to, lead-based paint chips, lead dust, and lead-contaminated soil;
(6) The most significant source of exposure is lead-based paint, particularly in houses built prior to one thousand nine hundred seventy-eight;
(7) The danger posed by lead-based paint hazards can be controlled by abatement or interim controls that limit exposure to lead-based paint hazards; and
(8) The public health and safety of this state will be better protected when all persons who handle lead-contaminated substances are thoroughly trained and knowledgeable regarding safe methods of handling and disposing of such materials.
(b) Therefore, It is the purpose of this article to protect the health of the children of the state and those who undertake remediation of the lead health hazard by establishing guidelines for the assessment and removal of lead hazards from homes and other buildings where children are frequently present and exposed to the danger of lead poisoning.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-4. Powers and Duties of the Director

The director shall administer and enforce this article, and has the following powers and duties:
(1) To propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to carry out the requirements of this article, including, but not limited to, abatement personnel training guidelines, procedures for the issuance and renewal of lead discipline licenses, establishment of all fees necessary to pay for the implementation and enforcement of this program, and the regulation of lead abatement projects;
(2) To issue, suspend and revoke lead discipline licenses, regulate lead abatement projects, and assess fees and civil penalties pursuant to this article and the rules promulgated hereunder;
(3) To promulgate any emergency rules necessary to gain federal approval of the state lead abatement program in accordance with section three, article fifteen, chapter twenty-nine-a of this code;
(4) To accredit training providers, training courses, examiners, examinations, and grading systems developed for licensing disciplines pursuant to this article;
(5) To order reduction or abatement of identified lead hazards when they may result in child lead poisoning; and
(6) To develop a public awareness campaign on the dangers of lead poisoning and to promote public education of the requirements of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-4a. Duty of Director to Establish Program for Early Identification of Lead Poisoning in Children

(a) The director shall establish a program for early identification of cases of lead poisoning. The program shall include a systematic screening of all children under six years of age for the presence of lead poisoning. The director shall, after consultation with recognized professional medical groups and such other sources as he deems appropriate, propose legislative rules establishing: (1) The means by which and the intervals at which children under six years of age shall be screened for lead poisoning; and (2) guidelines for the medical follow-up of children found to be lead poisoned. Such identification program shall, to the extent that all children residing in this state are not systematically screened, give priority in screening to children residing, or who have recently resided, in areas where significant numbers of lead poisoning cases have recently been reported or where other reliable evidence indicates that significant numbers of lead poisoning cases may be found. If the director is informed of any person having a medically confirmed elevated blood-lead level, the director shall cause to have screened all other children under six years of age, and such other children as he or she finds advisable to screen, residing or recently residing in the household of the victim, unless the parents of such child object to the screening because it conflicts with their religious beliefs and practices. The results of the screenings shall be reported to the director, to the person or agency reporting the original case and to such other persons or agencies as the director deems advisable.
(b) The director shall maintain comprehensive records of all screenings conducted pursuant to this section. The records shall be geographically indexed in order to determine the location of areas of relatively high incidence of lead poisoning. The records shall be public records, except that the names of screened individuals may not be public. A summary of the results of all screenings conducted pursuant to this section shall be released quarterly, or more frequently if the director so determines, to all interested parties.
(c) All cases or probable cases of lead poisoning, as defined by legislative rule proposed by the director, found in the course of screenings conducted pursuant to this section shall be reported immediately to the affected individual, to a child's parent or legal guardian if the child is a minor, and to the director. The director shall inform such persons or agencies as the director determines is advisable of the existence of the case or probable case of lead poisoning.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-5. Lead Discipline License Required

(a) It is unlawful for any individual to carry out any lead-risk assessment, inspection or abatement activity for which he or she does not hold an appropriate lead discipline license.
(b) To qualify for a lead discipline license an applicant shall:
(1) Satisfactorily complete a state-accredited training course for a lead discipline and receive a passing grade on an examination administered by a state-accredited examiner; and
(2) Meet the requirements set forth by the director in legislative rule.
(c) Applicants for a lead discipline license shall submit to the division an application and certificate that show satisfactory completion of a training course for a lead discipline and pay the applicable fee to the division.
(d) The director may deny a license if the applicant fails to comply with the application procedures or to satisfy the licensure criteria or to pay the fee. The director shall provide written notice of such denial and an opportunity for reapplication.
(e) The director may grant lead discipline licenses to individuals licensed or certified in another jurisdiction if its requirements are at least as stringent as West Virginia's requirements.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-6. Lead Abatement Contractor's Duties

A lead abatement contractor shall:
(1) Ensure that each of his or her employees or agents who will come in contact with lead or who will be responsible for a lead abatement project is licensed as required by this article;
(2) Ensure that each lead abatement project is supervised by a licensed lead abatement supervisor;
(3) Maintain sampling records for each contained work area of a lead abatement project until it meets the minimum clearance standards established by the director before allowing reoccupancy; and
(4) Keep a record of each lead abatement project and make the record available to the division and the divisions of commerce, labor, and environmental protection upon request. Records required by this subsection shall be kept for at least three years and shall include at a minimum:
(A) The name, address and license number of the individual who supervised the lead abatement project and each employee or agent who worked on the project;
(B) The location and design of the project, if applicable, and the amount of lead-containing material that was removed;
(C) The starting and completion date of each project and a summary of the procedures that were used to comply with all federal and state standards; and
(D) The name and address of each disposal site where lead-contaminated waste was deposited and the disposal site receipts.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-7. Exemptions From Notification and Licensure

(a) Homeowners performing lead abatement or interim abatement controls on their single unit owner-occupied housing are exempt from the requirements of this article: Provided, That the provisions of this section do not apply to any residential dwelling occupied by a person or persons other than the owner or the owner's immediate family as well as to any residential dwelling where a child with a documented elevated blood lead level resides.
(b) Abatement does not include renovation, remodeling, landscaping or other activities, when the purpose of such activities are not intended to permanently eliminate lead-based paint hazards, but, instead, are designed to repair, restore or remodel a given structure or dwelling, even though these activities may incidentally result in a reduction or elimination of lead-based paint hazards. Abatement also does not include interim controls, operations and maintenance activities, or other measures and activities designed to temporarily, but not permanently reduce lead-based paint hazards.
(c) The provisions of this article do not apply to lead-hazard reduction activities or to persons performing such activities when such activities are performed wholly within or on an industrial facility and are performed by persons who are subject to the training requirements of OSHA: Provided, That the provisions of this article do apply to any child-occupied building or area such as a child day care center located at an industrial facility.
2023 West Virginia Code › Chapter 16. Public Health › Article 35. Lead Abatement › §16-35-9. Notification of Lead Abatement Projects Required

Each owner or other person responsible for the operation of a building, facility, residence or structure where a lead abatement project is to occur shall notify the division in the time specified by the director prior to commencement of each lead abatement project, and comply with all applicable state and federal regulatory requirements for a lead abatement project.