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2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1F. Wheeling Creek Watershed Protection and Flood Prevention District Compact › §29-1F-5. When Commission Authorized to Dispose of Real and Personal Property

Subdivision (i), article VI, of the Wheeling Creek Watershed protection and flood prevention district compact shall be effective from the date of its enactment insofar as it relates to property situated in the State of West Virginia, but shall not apply to property situated in the commonwealth of Pennsylvania until and unless enacted by said commonwealth.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-2. Appointment of Members of Commission

In pursuance of Article 2 of the Compact, the Governor of the State of West Virginia, by and with the advice and consent of the Senate, shall appoint two persons as members of the Appalachian States Low-Level Radioactive Waste Commission from the State of West Virginia, each of whom shall be a resident and citizen of the state. The term of the member of the Commission first appointed shall be two years and of the other shall be four years, and their successors shall be appointed by the Governor, by and with the advice and consent of the Senate, for terms of four years each. Each member of the Commission shall hold office until his successor has been appointed and qualified. Vacancies occurring in the office of any such member for any reason or cause shall be filled by appointment by the Governor, by and with the advice and consent of the Senate, for the unexpired term.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-3. Powers of Commission, Duties of State Officers, Departments, etc.

There is hereby granted to the Commission and members of the Commission all of the powers provided for in the Compact and all the powers necessary or incidental to the carrying out of the Compact in every particular. All officers of this state are hereby authorized and directed to do all things falling within their respective provinces and jurisdiction necessary to or incidental to the carrying out of the Compact in every particular, it being hereby declared to be the policy of this state to perform and carry out the Compact and to accomplish the purposes thereof. The director of health shall have the primary responsibility therefor.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-4. Powers Granted Herein Supplemental to Other Powers Vested in Commission

Any powers herein granted to the Commission shall be regarded as in aid of and supplemental to and in no case a limitation upon any of the powers vested in the Commission by other laws of this state, by the other party states, by Congress or the terms of the Compact.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-5. Cooperation of State Agencies, Boards, Departments, Subdivisions, etc.

The departments, boards, agencies, commissions, officers and employees of the state and its subdivisions are authorized and directed to cooperate with the director of health in the furtherance of any of his activities pursuant to the Appalachian States Low-Level Radioactive Waste Compact and the provisions of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-6. Rules and Regulations

The director of health is authorized to promulgate and adopt rules and regulations as are necessary and incidental to the carrying out of the Compact and this article. Such authorization shall include, without limitation, rules and regulations necessary and incidental to carrying out subsection two, section (g), article three of the Compact. Such rules and regulations shall be promulgated only in accordance with article three, section twenty-nine-a of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-7. Enforcement

(a) Following the establishment of a regional facility pursuant to the Appalachian States Low-Level Radioactive Waste Compact, the director of health, the Attorney General or the prosecuting attorney of any county in which a violation occurs may seek in the name of the state an injunction against any person in violation of any of the provisions of said Compact, this article or the rules and regulations promulgated pursuant to said Compact or this article. In seeking such an injunction it is not necessary for the state to post bond nor to allege or prove at any stage of the proceeding that irreparable harm will occur if the injunction is not issued or that the remedy of the law is inadequate. An application for injunctive relief under this section may be filed and relief granted notwithstanding the fact that all administrative remedies provided for have not been exhausted or invoked against the person or persons against whom such relief is sought.
(b) The director of health is hereby authorized to remedy or to contract to remedy any condition he deems a threat to public health and safety arising from a violation of the Appalachian States Low-Level Radioactive Waste Compact, this article or the rules and regulations promulgated pursuant to the Compact or this article and to proceed pursuant to subsection (c) of this section to recover judgment for the costs thereof.
(c) Pursuant to section (d), Article 4 of the Appalachian States Low-level Radioactive Waste Compact, the director of health and the Attorney General are hereby authorized to prosecute actions for judgments pursuant to subsection (b) of this section. The director of health and the Attorney General are further authorized to institute actions to assess punitive fines or penalties pursuant to section (d), Article 4 of the Compact for violations of the Compact, this article or rules or regulations promulgated pursuant to the Compact or this article. Such actions may be brought at the option of the state in the circuit court of any county in which a violation occurred or may be brought as a contested case pursuant to chapter twenty-nine-a of this code. In any action brought under the provisions of chapter twenty-nine-a of this code, the director of health or the Attorney General shall have the power to issue subpoenas and subpoenas duces tecum on behalf of the state or any interested party. The punitive fines and penalties may not exceed the fines provided in section eight of this article and may only be sought in lieu thereof.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-8. Penalties

(a) Any person who after the establishment of a regional facility pursuant to the Appalachian States Low-Level Radioactive Waste Compact violates or causes to be violated the provisions of section (a) or section (b), Article 4 of the Compact or any of the provisions of or regulations regarding packaging and transportation promulgated pursuant to subsection two, section (g), Article 3 of the Compact is guilty of a felony and, upon conviction thereof, shall be fined not less than $1,000 nor more than $25,000 for each day of violation, or imprisoned in the penitentiary not less than one nor more than five years, or both fined and imprisoned. If the conviction is for a violation committed after a first conviction of such person under this subsection, the person shall be guilty of a felony and, upon conviction thereof, shall be fined not less than $5,000 nor more than $50,000 for each day of violation, or shall be imprisoned not less than two nor more than ten years, or both fined and imprisoned.
(b) Any person who after the establishment of a regional facility pursuant to this Compact violates or causes to be violated the provisions of any rules and regulations regarding volume reduction promulgated pursuant to subsection two, section (g), Article 3 of the Compact is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100 nor more than $2,500 for each day of such violation, or imprisoned in the county jail not less than one nor more than five months, or both fined and imprisoned. If the conviction is for a violation committed after a first conviction of such person under this subsection, the person shall be guilty of a felony, and, upon conviction thereof, shall be fined not less than $1,000 nor more than $25,000 for each day of such violation, or shall be imprisoned not less than two nor more than ten years, or both fined and imprisoned.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-9. Conflicting Laws

In the event the provisions of the Appalachian States Low- Level Radioactive Waste Compact, this article or any rules and regulations lawfully promulgated thereunder shall be or become inconsistent with any other provisions of this code, the provisions of the Appalachian States Low-Level Radioactive Waste Compact and this article and the rules and regulations lawfully promulgated thereunder shall prevail to the extent of such inconsistency and the conflicting provisions shall be null and void to the extent of such inconsistency.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1H. Appalachian States Low-Level Radioactive Waste Compact › §29-1H-10. Fiscal Implementation

The term "budgetary processes" in Article 2(C)(2) of the Compact shall be construed to include the presentation by the Commission of its proposed budget for each fiscal period to the budget office of the department of finance and administration for study and consideration, and each such budget shall include a statement of moneys required to administer, manage and support the Commission during the ensuing fiscal period. The statement shall include any request for appropriation of funds by the State of West Virginia and shall be accompanied by a tabulation of similar requests which the Commission makes or expects to make to each other signatory party, and the formula or factors upon which such respective requests are based. The Governor is authorized to take such action as may be necessary and proper in his discretion to effectuate the Compact, and the initial organization and operation of the Commission, and the Legislature may appropriate such funds as it considers necessary to carry out the provisions of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1I. Voluntary Veterans Memorial Check-Off Program › §29-1I-1. Legislative Intent

The intent of this legislation is to authorize and provide funding for the design, construction and maintenance of a veterans memorial on the grounds of the state Capitol complex in Charleston.
The funding of this memorial shall be derived from a voluntary check-off and contribution designation on state personal income tax return forms of a portion or all of a taxpayer's refund. The funding so provided shall be supplemental to any other revenues obtained for the memorial.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1I. Voluntary Veterans Memorial Check-Off Program › §29-1I-2. Voluntary Check-Off Designation

The Tax Commissioner shall cause each West Virginia personal income tax return form to contain a provision whereby the taxpayer (and his spouse if a joint return) may designate a portion or all of his tax refund to the West Virginia voluntary veterans memorial check-off program. The contribution so made shall be credited to said program.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1I. Voluntary Veterans Memorial Check-Off Program › §29-1I-4. Use of Funds

The funds shall be used for the purpose of designing, constructing and maintaining a veterans memorial on the grounds of the state Capitol complex in Charleston under the supervision of the commissioner of culture and history with the advice of the department of veterans' affairs and the Governor. The commissioner of culture and history shall on January 15, each year furnish the Legislature with a report stating the amount of money that has been provided and how such moneys have been expended.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 1J. Jennings Randolph Lake Project Compact › §29-1J-2. Date on Which Article Becomes Effective

This article shall take effect and become operative and the compact be executed for and on behalf of this state only from and after the approval, ratification, and adoption, and entering into thereof by the state of Maryland and with the concurrence of the United States army corps of engineers, Baltimore, Maryland district.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 2. Geodetic and Geological Survey › §29-2-1. Entry on Lands for Surveying Under Federal Acts

It shall be lawful for any person or persons employed under and by virtue of an act of the Congress of the United States, passed February the tenth, eighteen hundred and seven, and all acts supplemental thereto, at any time hereafter to enter upon lands within this state for the purpose of exploring, surveying, triangulating or leveling, or doing any other matter or thing which may be necessary to effect the objects of said act; and to erect any works, stations, buildings or appendages requisite for that purpose, doing no unnecessary injury to private or other property.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 2. Geodetic and Geological Survey › §29-2-2. Condemnation of Land for Such Purposes

In case the person or persons employed under the act of Congress aforesaid, or acts supplemental thereto, cannot agree with the owners or possessors of the land so entered upon and used as to the amount of damages done thereto by reason of the removal of fences, cutting of trees, or injury to the crop or crops growing on the same, it shall be lawful for such parties, or either of them, to apply, in the name of the United States of America, to the circuit court of the county to have the same condemned, and such application shall be proceeded in, tried and determined, in all respects as provided in chapter fifty-four of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 2. Geodetic and Geological Survey › §29-2-3. Unlawful Interference With Signal, Monument or Building; Penalty

If any person or persons shall wilfully injure, deface or remove any signal, monument, or building, or any appendage thereto, erected, used or constructed under and by virtue of the act of Congress aforesaid, or any act or acts supplemental thereto, such persons so offending shall severally forfeit and pay the sum of $50 with the costs of suit, to be sued for and recovered by any person who shall first prosecute the same before any justice of the peace of the county where the person so offending may reside, and shall also be liable to pay the amount of damages thereby sustained, to be recovered with the cost of the suit in an action on the case, in the name and for the use of the United States of America, in any court of competent jurisdiction.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 2. Geodetic and Geological Survey › §29-2-4. State Geological and Economic Survey Director; Qualifications for Appointment; Administrative Powers and Duties

The Governor shall appoint as director of the survey a geologist of established reputation. At the time of his or her initial appointment, the director must be at least thirty years of age and must be selected with special reference and consideration given to his or her administrative experience and ability and to his or her demonstrated interest in the effective and responsible management of the state geological and economic survey. The director must have a master's degree in geology or in a related field and at least three years of experience in a position of responsible charge in at least one discipline relating to the duties and responsibilities for which the director will be responsible upon assumption of the office. The director may not be a candidate for or hold any other public office, may not be a member of any political party committee and shall immediately forfeit and vacate his or her office as director in the event he or she becomes a candidate for or accepts appointment to any other public office or political party committee.
The director may employ such assistants and employees as he may deem necessary. He shall also determine the compensation of all persons employed by the survey and may remove them at pleasure.
The director may set such reasonable fees as may be necessary to recover additional costs incurred in performing geological and analytical analyses. These fees shall be deposited in the state Treasury in a special revenue account to be known as the "Geological and Analytical Services Fund". The director is hereby authorized to expend such funds, as are appropriated by the Legislature, from this fund for the purpose of defraying said costs.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 2. Geodetic and Geological Survey › §29-2-5. Objects of Survey

The survey shall have for its objects:
(a) An examination of the geological formations of the state, with special reference to their economic products, namely: Building stones and other constructive materials and resources, clays, ores and other mineral substances and fuels, the prevention of their waste, and the utilization of by- products;
(b) An examination of the physical features of the state with reference to their practical bearing upon the occupations of the people, the industrial development and the material prosperity of the several portions of the state, having due regard to their varying resources, conditions and needs;
(c) The preparation of special geological and economic maps to illustrate the resources of the state;
(d) The preparation of special reports, with necessary illustrations and maps, which shall embrace both a general and detailed description of the geology and natural resources of the state;
(e) The consideration of such other scientific and economic questions as in the judgment of the director shall be deemed of value to the people of the state. The director may enter into cooperative agreements, grants and contracts and establish accounts for such purposes.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 2. Geodetic and Geological Survey › §29-2-7. Distribution of Reports

The regular and special reports of the survey, with proper illustrations and maps, shall be printed as the director may direct, and the reports shall be distributed or sold by the director as the interests of the state, the diffusion of practical information relating to the development of the state, and the advancement of science, may demand. All moneys obtained by the sales of the reports may be used to defray the costs of publication and their distribution to the people, and any balance may be retained for that purpose.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 2. Geodetic and Geological Survey › §29-2-8. Distribution of Surplus Materials

All materials collected, after having served the purpose of the survey, shall be distributed by the director to the educational institutions in such manner as to be of the greatest advantage to the educational interests of the state. If deemed advisable, all or part of such material may be put on permanent exhibition or otherwise disposed of in an appropriate manner.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 2. Geodetic and Geological Survey › §29-2-9. Right of Engineers and Surveyors to Enter on Property

The engineers, surveyors and other persons employed by and acting for said survey, and all such persons employed by and acting for the United States geological survey, or other department of the United States government, having for their purposes the obtainment and diffusion of practical information relating to the resources and development of the state, the advancement of science, and the carrying out of the objects of the state geological and economic survey, shall have the right to enter upon all lands, either public or private, and into all mines, for the purpose of exploring, surveying, or doing any other thing which may be necessary to effect such objects, and examine any property, products or developments, relating to the objects of said survey, within the state, without molestation or arrest, and without being liable to the owners thereof, except for actual damages done to the property.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3A. Authority of Local Fire Departments › §29-3A-2. Person in Command at Fire Scene May Take and Preserve Certain Property; Restitution

The chief of any fire department or company or any other elected or appointed fire line officer, the fire chief or any member serving in the capacity of appointed fire line officer in charge of fire fighters at the scene of any fire is authorized and empowered to take and preserve any property which indicates that the fire was intentionally set. Any person whose property is so held may petition the circuit court of the county within which the property was taken for return of the property, and the court may order restitution upon such conditions as are appropriate for the preservation of evidence, including requiring the posting of bond.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3A. Authority of Local Fire Departments › §29-3A-3. Conducting Investigation to Determine Cause of Fire

To determine the cause of any fire, the chief of any fire department or company or other authorized fire fighter may enter the scene of such fire within a forty-eight hour period after such fire has been extinguished.
If there is evidence that a fire was of incendiary origin, the fire chief or other authorized fire fighter may control who may enter the scene of such fire by posting no trespassing signs at such scene for a period of forty-eight hours after such fire has been extinguished.
During the period that the scene of a fire is posted against trespassing, no person shall enter such scene, except that an owner, lessee or any other person having personal property at such scene may enter at any time after such scene has been declared safe by authorized fire department or company officials to recover or salvage personal property if said owner, lessee or person is accompanied by or is granted permission to enter such scene by an authorized fire department or company official.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3A. Authority of Local Fire Departments › §29-3A-4. Person Attacking or Hindering or Obstructing Firefighter or Emergency Equipment; Penalties

(a) It is unlawful, while any fire department or company or firefighter is lawfully exercising or discharging the department's, company's or firefighter's official duty during an emergency, for any person to:
(1) Attack any firefighter or any of his or her equipment with any deadly weapon as defined in section two, article seven, chapter sixty-one of this code; or
(2) Intentionally hinder, obstruct, oppose, or attempt to hinder, obstruct or oppose, or counsel, advise or invite others to hinder, obstruct or oppose, any fire department, fire company or firefighter.
(b) Any person violating the provisions of this section is guilty of a felony and, upon conviction thereof, shall be confined in a state correctional facility not less than one nor more than ten years, or, in the discretion of the court, be confined in the regional or county jail not more than one year or fined not more than $500, or both.
(c) Any person willfully violating any of the provisions of section one or three of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $100 nor more than $500.
(d) Nothing in this article shall be construed to prevent law-enforcement officials from controlling traffic and otherwise maintaining order at the scene of a fire.
(e) No person may willfully fail or refuse to comply with a lawful order or direction of any fire department or company or firefighter who is lawfully exercising or discharging the department's, company's or firefighter's official duty during an emergency, relating to directing, controlling or regulating traffic, so long as such order or direction is conveyed by a retro-reflective hand signing device. Any person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof: (1) For a first offense shall be fined not more than $100; (2) for a second offense occurring within one year of a previous conviction shall be fined not more than $200; and (3) for a third and subsequent offense shall be fined not more than $500.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-2. Necessity of License; Definitions

After the effective date of this article, no electrical work may be performed, offered, or engaged in for compensation or hire within the state of West Virginia by any person, firm, or corporation unless such person, firm, or corporation possesses a license and a certificate issued by the State Fire Marshal in accordance with this article:
Provided
, That any person who is assisting a journeyman or master electrician does not require a license to perform such supervised work, and a copy of the license is posted on any job in which electrical work is being performed for hire.
As used in this article:
(a) "Electrical contractor" means a person, firm, or corporation who engages in the business of electrical work and employs master electricians, journeyman electricians, or other related workers for the construction, alteration, or repair of any electrical wiring, equipment, or systems as defined in the scope of the national electric code.
(b) "Electrical work" means the installation of wires, conduits, apparatus, fixtures, other appliances, equipment, or systems for transmitting, carrying, controlling, or using electricity as defined in the scope of the national electric code.
(c) "Journeyman electrician" means a person qualified by at least one year of electrical work experience to do any work installing wires, conduits, apparatus, equipment, fixtures, and other appliances, provided that this classification is not authorized to design electrical systems.
(d) "License" means a valid and current certificate of competency issued by the state Fire Marshal.
(e) "Master electrician" means a person with at least two years of electrical work experience, including experience in all phases of electrical wiring and installation, who is competent to design electrical systems, and to instruct and supervise the electrical work of journeyman electricians, and other related workers.
(f) "Specialty electrician" means a person qualified to perform electrical work in a limited or specialized area.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-3. Exemptions; Nonapplicability of License Requirements; Legislative Rules for Limited Reciprocity

(a) This article does not apply to, and no license may be required for:
(1) A person who performs electrical work with respect to any property owned or leased by that person or that persons immediate family;
(2) A person who performs electrical work at any manufacturing plant or other industrial establishment as an employee of the firm or corporation operating the plant or establishment;
(3) A person who performs electrical work while employed by an employer who engages in the business of selling appliances at retail, so long as such electrical work is performed incident 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 electrical work in connection with the furnishing of public utility service;
(5) Any government employee performing electrical work on government property; or
(6) Any person who performs low voltage electrical work with only low voltage wiring will not be required to have an electricians license other than a specialty license. For purposes of this section, low voltage electrical work is 80 volts or less, and directly related wiring. Wiring is directly related if it:
(A) Originated at the load-side terminals of a disconnecting means or junction box that has been installed, complete with line-side connections by others for the specific purpose of supply to the low voltage wiring system involved;
(B) Is permanently and legibly marked to identify the low voltage wiring system supplied; and
(C) Is not installed in a location considered hazardous under the National Electrical Code.
(b)(1) Notwithstanding any other provision of this article to the contrary, a journeyman or master electrician license may be issued for a person who is a former resident of this state, who formerly held an electricians license issued by this state, who has obtained an equivalent electrician license from another state, and who returns to this state as a permanent resident, without requiring the person to meet the application or examination requirements that would otherwise be imposed on the person by the requirements of this article when the issuance of the license is permitted by legislative rules promulgated pursuant to the provisions of this subsection.
(2) The State Fire Marshal shall propose rules for legislative approval in accordance with the provisions of 29A-3-1
et seq
. of this code to provide for the licensing of electricians with equivalent qualifications described in subdivision (1) of this subsection. Notwithstanding any other provision of this code to the contrary, the legislative rules described in this subsection may not be filed as emergency rules.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-4a. Veteran Qualification for Examination for License as an Electrician

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 an electrician, electricians mate, 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 State Fire Marshal 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 an electrician, 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 an electrician 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 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-5. Rules; Applications and Examinations; Fees

(a) The State Fire Marshal shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement the provisions of this article. Rules adopted by the state Fire Marshal and presently in effect will remain in effect until and unless the state Fire Marshal adopts new rules, and the state Fire Marshal may adopt any or all of the rules presently in effect.
(b) The State Fire Marshal shall prepare and arrange for the receipt of applications from those who intend to perform electrical work in the State of West Virginia. Such application shall be sufficiently detailed to enable the state Fire Marshal to determine the presence or absence of an applicant's qualifications for a license of a particular class. The State Fire Marshal may require applicants to supply affidavits or other documents attesting to the applicant's qualifications from past employers, other electricians, engineers and others with knowledge of the applicant's qualifications. The State Fire Marshal may make such other inquiries as he or she considers necessary to determine the qualifications of the applicant. An applicant expressly consents to such inquiries by the state Fire Marshal by his or her application.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-6. Relicensing Without Retesting After Nonrenewal Under Certain Circumstances

An electrician previously licensed by the State Fire Marshal who did not renew his or her electricians license may renew the license without retesting within five years of the date of the last renewal:
Provided
, That the electricians license had not been revoked and that the applicant pays double the current fee.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-7. Denial of License; Suspension and Revocation of License

(a) The State Fire Marshal may deny a license to any applicant who fails to comply with the rules established by the State Fire Marshal, or who lacks the necessary qualifications;
Provided
, That the State Fire Marshal shall apply 29-3B-4(b) when determining if an applicant is eligible for licensure.
(b) The State Fire Marshal 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 such application which materially misstated the terms of the applicants qualifications or experience;
(2) The licensee subscribed or vouched for a material misstatement by an applicant;
(3) The licensee incompetently or unsafely performs electrical work; or
(4) The licensee fails to comply with any rule of the State Fire Marshal promulgated to fulfill his or her responsibilities under this article.
(c) Any person aggrieved by an order or decision of the State Fire Marshal under this article is entitled to judicial review as provided by section eighteen, article three of this chapter and by chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-8. Effect of Noncompliance With Article; Failure to Obtain License

Any person, firm, corporation, or employee thereof, or any representative, member, or officer of such firm or corporation, individually, entering upon or engaging in the business of performing any electrical work as defined in this article, without obtaining the required license or otherwise complying with this article, for the first offense shall be fined not less than $100, nor more than $500. For a second offense, the penalty and punishment is a fine of not less than $500 nor more than $1,000. For the third and each subsequent offense, the penalty and punishment is a fine of not less than $1,000 nor more than $5,000.
Each day during which such electrical work is performed without the required license or while in noncompliance with any of the provisions of this article, after official notice that such work is unlawful, is a separate offense.
Any electrical work performed by a person, firm, or corporation which is determined by the State Fire Marshal to constitute a safety or health hazard to members of the public or any electrical work of an extensive nature being performed by any person without the required license or otherwise in noncompliance with the requirements of this article or contrary to an order or rule promulgated lawfully by the State Fire Marshal, is subject to being issued a citation or a civil action in the name of the state in the circuit court of the county where such work is being performed for an injunction against such person, firm, or corporation, enjoining such work or violation. A circuit court by mandatory or prohibitory injunction may compel compliance with the provisions of this article, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal or State Fire Commission. The State Fire Marshal shall be represented in all such proceedings by the Attorney General or his or her assistants.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-9. Nonapplicability of Local Ordinances; Exclusive License

After the effective date of this article no municipality, local government or county may require any license or other evidence of competence as an electrician from any person, firm or corporation who or which holds a valid and current license issued pursuant to this article, as a condition precedent to permission for the performance of electrical work in such municipality, local government jurisdiction or county.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3B. Supervision of Electricians › §29-3B-10. Disposition of Fees, Fines and Other Receipts

All fees shall be paid to the state Fire Marshal. All fines shall be paid into the general revenue of the state. Such receipts shall be deposited by him in a special account with the state Treasurer for the use of the State Fire Marshal as provided in subsection(c), section twelve-b, article three of this chapter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3C. Certification of Electrical Inspectors › §29-3C-2. Definitions

(a) As used in this article, the terms:
(1) "Certified electrical inspector" means a person who is certified by the state Fire Marshal as qualified to perform electrical inspections. "Electrical inspector" does not include an inspector employed by the office of miners' health, safety and training pursuant to the provisions of section eleven, article one, chapter twenty-two-a of this code.
(2) "Electrical inspection" means any inspection required by this code and any inspection of a building to which electrical service is connected, wherein the inspector certifies that the electrical system in the building is in compliance with the national electrical code, state fire code and the state building code.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3C. Certification of Electrical Inspectors › §29-3C-3. Certification of Electrical Inspectors Required

After January 1, 2003, no electrical inspections may be performed, offered or engaged in for compensation or hire within the State of West Virginia by any person who is not certified pursuant to this article:
Provided,
That any person who is employed by this state or any subdivision of this state and who in the normal course of his or her business conducts electrical inspections may perform electrical inspections as within the scope of his or her employment without certification pursuant to this article. Notwithstanding any other provision of this code to the contrary, for purposes of this section any electrical building code inspector shall be considered an electrical inspector.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3C. Certification of Electrical Inspectors › §29-3C-5. Denial of License; Suspension and Revocation of License

The State Fire Marshal shall deny certification to any applicant, except those exempt under 29-3C-3 of this code, who:
(1) Fails to establish that he or she holds any other required qualifications for certification established pursuant to rules promulgated pursuant to section four of this article; or
(2) Is not a licensed journeyman or master electrician in accordance with rules promulgated pursuant to section four of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3C. Certification of Electrical Inspectors › §29-3C-6. Suspension or Revocation of Certification

The State Fire Marshal may, upon complaint, upon a request or referral, or upon his or her own inquiry suspend or revoke the certification of any person upon a finding that:
(1) The certification was granted upon an application, or upon documents supporting the application, that materially misstated the applicant's qualifications or experience;
(2) The certified electrical inspector knowingly subscribed to or vouched for a misstatement by an applicant for certification;
(3) The certified electrical inspector incompetently performed an electrical inspection;
(4) The certified electrical inspector failed to comply with a provision of this article, or any rule promulgated pursuant to section four of this article; or
(5) The certified electrical inspector failed to comply with the reporting requirements of section eight of this article.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3C. Certification of Electrical Inspectors › §29-3C-7. Prohibited Acts

A certified electrical inspector may not:
(1) Approve nor disapprove work of which he or she does not have personal knowledge;
(2) Misrepresent his or her authority or responsibility;
(3) Use his or her certification as an electrical inspector to secure special favors or treatment;
(4) Inspect any electrical installation for which he or she has performed any part of the work; or
(5) Perform an electrical inspection of any work furnished by a private contractor that employs him or her on a full-time, part-time or incidental basis: Provided, That an employee of a contractor performing electrical installation may inspect electrical work performed by other employees of the same employer, as long as the inspection is not intended to be relied on by any person other than the employer, and the electrical inspector does not certify to an electric utility or to any person that the work is in compliance with applicable building codes, electrical codes or other standards.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3C. Certification of Electrical Inspectors › §29-3C-9. Noncompliance With Article; Failure to Obtain Certification; Penalty

(a) Any person performing electrical inspections without being certified pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $150 nor more than $500, or confined in the county or regional jail for not more than ninety days, or both; and upon conviction of a second or subsequent offense, shall be fined not less than $500 nor more than $1,000, or confined in the county or regional jail for not more than ninety days, or both.
(b) Any person who conducts an electrical inspection without the required certification is subject to being issued a citation or a civil action in the name of the state in the circuit court of the county where the inspection was or is being performed for an injunction. A circuit court by mandatory or prohibitory injunction may compel compliance with the provisions of this article, with the lawful orders of the state Fire Marshal and with any final decision of the state Fire Marshal or state Fire Commission. The State Fire Marshal shall be represented in all proceedings instituted pursuant to this subsection by the Attorney General or his or her assistants.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3C. Certification of Electrical Inspectors › §29-3C-10. Disposition of Fees and Other Receipts

All fees or moneys received as a result of actions under this article shall be deposited in the special account created pursuant to section twelve-b, article three of this chapter. Expenditures from the fund shall be for the purposes set forth in this article and article three of this chapter.
2023 West Virginia Code › Chapter 29. Miscellaneous Boards and Officers › Article 3D. Supervision of Fire Protection Work › §29-3D-3. License Required; Exemptions

(a) On and after January 1, 2009, a person performing or offering to perform fire protection work in this state shall have a license issued by the State Fire Marshal, 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 fire protection work is being performed.
(c) This article does not apply to:
(1) A person who personally performs fire protection work or damper work on a single family dwelling owned or leased by that person or that persons immediate family;
(2) A person who performs fire protection work or damper work 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, while employed by a public utility or its affiliate, performs fire protection work in connection with the furnishing of public utility service.
(4) A person who performs fire protection 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;
(5) A person who performs fire protection work while engaged in the installation, extension, dismantling, adjustment, repair, or alteration of a heating ventilation and air conditioning (HVAC) system, air-veyor system, air exhaust system, or air handling system; or
(6) A person who performs fire protection work at a coal mine that is being actively mined or where coal is being processed.