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2023 West Virginia Code › Chapter 21. Labor › Article 5G. West Virginia Workplace Freedom Act › §21-5G-1. Definitions

As used in this article:
(1) The term “person” means any individual, proprietorship, partnership, firm, association, corporation, labor organization or any other legal entity.
(2) The term “labor organization” means any organization, agency, union or employee representation committee of any kind that exists, in whole or in part, to assist employees in negotiating with employers concerning grievances, labor disputes, wages, rates of pay or other terms or conditions of employment.
(3) The term “employer” means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state.
2023 West Virginia Code › Chapter 21. Labor › Article 5G. West Virginia Workplace Freedom Act › §21-5G-2. Individual’s Right to Refrain From Affiliating With a Labor Organization

A person may not be required, as a condition or continuation of employment, to:
(1) Become or remain a member of a labor organization;
(2) Pay any dues, fees, assessments or other similar charges, however denominated, of any kind or amount to any labor organization; or
(3) Pay any charity or third party, in lieu of those payments, any amount that is equivalent to or a pro rata portion of dues, fees, assessments or other charges required of members of a labor organization.
2023 West Virginia Code › Chapter 21. Labor › Article 5G. West Virginia Workplace Freedom Act › §21-5G-3. Contracting for Exclusion From Employment Because of Affiliation or Nonaffiliation With a Labor Organization

Any agreement, contract, understanding or practice, either written or oral, implied or expressed, between any labor organization and an employer or public body which provides for the exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor organization or employee organization of any kind is hereby declared to be unlawful, null and void, and of no legal effect.
2023 West Virginia Code › Chapter 21. Labor › Article 5G. West Virginia Workplace Freedom Act › §21-5G-5. Civil Relief; Damages

Any person injured as a result of any violation or threatened violation of this article shall have a cause of action, and, if proven in a court of competent jurisdiction, may be entitled to the following relief against a person or persons violating or threatening to violate this article:
(1) Compensatory damages;
(2) Costs and reasonable attorney fees, which shall be awarded if the injured person substantially prevails;
(3) Punitive damages in accordance with the provisions of section twenty-nine, article seven, chapter fifty-five of this code;
(4) Preliminary and permanent injunctive relief; and
(5) Any other appropriate equitable relief.
2023 West Virginia Code › Chapter 21. Labor › Article 5G. West Virginia Workplace Freedom Act › §21-5G-6. Exceptions

This article does not apply:
(1) To any employee or employer covered by the federal Railway Labor Act, 45 U. S. C. §151, et seq.;
(2) To any employee of the United States or a wholly owned corporation of the United States;
(3) To any employee who is employed on property over which the United States government has exclusive jurisdiction for purposes of labor relations; or
(4) Where the provisions of this article would otherwise conflict with, or be preempted by, federal law.
2023 West Virginia Code › Chapter 21. Labor › Article 5G. West Virginia Workplace Freedom Act › §21-5G-7. Applicability; Severability

(a) Applicability. — This article applies to any written or oral contract or agreement entered into, modified, renewed or extended on or after July 1, 2016: Provided, That the provisions of this article do not otherwise apply to or abrogate a written or oral contract or agreement in effect on or before June 30, 2016.
(b) Severability. — If any provision of this article or the application of any such provision of this article to any person or circumstance is held invalid by a court of competent jurisdiction, the remainder of this article or the application of its provisions to persons or circumstances other than those to which it is held invalid is not affected thereby.
2023 West Virginia Code › Chapter 21. Labor › Article 5I. West Virginia Employment Law Worker Classification Act › §21-5I-3. Certain Laws May Be Superseded

The purpose of this article is to bring clarity and certainty under the laws of this state with regard to differentiating employees from independent contractors in employment laws as defined in workers compensation in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1
et seq
. of this code, and wage payment and collection in 21-5-1
et seq
. of this code, and by imposing objective standards for making that distinction. Consequently, all laws concerning workers compensation in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1
et seq
. of this code, and wage payment and collection in 21-5-1
et seq
. of this code where the application thereof is contingent upon the classification of a worker as being an employee are superseded, to the extent necessary, by this article.
2023 West Virginia Code › Chapter 21. Labor › Article 5I. West Virginia Employment Law Worker Classification Act › §21-5I-5. Limitations as to Scope of Article

The test for determining whether a person is an independent contractor or employee set forth in this article applies only for purposes of workers compensation as defined in Chapter 23 of this code, unemployment compensation in Chapter 21A of this code, Human Rights Act rights in 5-11-1
et seq
. of this code, and wage payment and collection in 21-5-1
et seq
. of this code. This test has no application to other areas of law, such as whether a person is an independent contractor or an agent of principal for determining whether the law of principal and agent applies with respect to such questions as the issue of vicarious liability to a third party in tort. Further, this article does not apply with respect to organizations or persons subject to the provisions of 17-29-11 of this code.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-1. Employment of Children Under Fourteen

Except as permitted and authorized by the provisions of this article, a child under fourteen years of age shall only be employed or permitted to work the following jobs: (1) Agriculture and horticulture activities which have not been declared hazardous by the secretary of the United States department of labor;
(2) Domestic services within the residence of the employer;
(3) Work for parents or legal guardian in their solely owned business, except those jobs set out in section two of this article;
(4) As actors or performers in motion pictures, theatrical, radio or television productions; and
(5) Newspaper delivery.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-2. Employment of Children Under Eighteen in Certain Occupations; Determination as to Other Occupations; Appeal to Supreme Court

(a) A child under eighteen years of age may not be employed, permitted or suffered to work in, about, or in connection with any of the following occupations:
(1) Motor vehicle driver and outside helper whose work includes riding on a motor vehicle outside the cab for the purpose of assisting in transporting or delivery of goods;
(2) The manufacture, storage, handling or transportation of explosives or highly flammable substances;
(3) Ore reduction works, smelters, hot rolling mills, furnaces, foundries, forging shops, or in any other place in which the heating, melting or heat treatment of metals is carried on;
(4) Logging and saw milling occupations;
(5) Power-driven woodworking machine occupations;
(6) Occupations involving exposure to radioactive substances and ionizing radiations;
(7) Power-driven hoisting apparatus occupations;
(8) Power-driven metal-forming, punching, and shearing machine occupations;
(9) Mining, including coal mining;
(10) Occupations involving slaughtering, meat-packing, or processing or rendering;
(11) Power-driven bakery machines;
(12) Power-driven paper-products machine occupations;
(13) Occupations involved in the manufacturing of brick, tile, and kindred products;
(14) Occupations involved in the operation of power-driven circular saws, band saws, and guillotine shears;
(15) Occupations involved in wrecking, demolition, and ship-breaking operations;
(16) Roofing operations above ground level; and
(17) Excavation operations.
(b) A child under eighteen years of age may not be employed or permitted to work in a bar, or be permitted, employed or suffered to sell, dispense or serve alcoholic beverages in any place or establishment where the consumption of alcoholic beverages is permitted by law.
(c) A child under eighteen years of age may not be employed or permitted to work in any occupation prohibited by law or determined by the commissioner to be dangerous or injurious: Provided, That a child between the ages of sixteen and eighteen years who is enrolled in, participating in, or has completed the minimum training requirements of the West Virginia State Fire Commission, West Virginia Department of Education Public Service Training, or West Virginia University fire service extension, or equivalent approved program, and who has the written consent of his or her parents or guardian may be employed by or elected as a member of a volunteer fire department to perform fire fighting functions: Provided, however, That no child may be permitted to operate any fire fighting vehicles, enter a burning building in the course of his or her employment or work or enter into any area determined by the fire chief or fireman in charge at the scene of a fire or other emergency to be an area of danger exposing the child to physical harm by reason of impending collapse of a building or explosion, unless the child is under the immediate supervision of a fire line officer.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-3. Issuance of Work Permit

(a) A child 14 or 15 years of age may be employed or permitted to work in any gainful occupation, except as provided in 21-6-2 of this code, when the person, firm, or corporation by whom the child is employed or permitted to work, obtains and keeps on file and accessible to officers charged with the enforcement of this article, a work permit issued by the Superintendent of Schools of the county in which the child resides, by some person authorized by him or her in writing, or by a person authorized to issue education credentials to that child upon completion of the secondary education program pursuant to 18-8-12 of this code. Whenever a work permit has been issued, or wherever an age certificate has been issued under the provisions of 21-6-5 of this code, it shall be conclusive as to the age of the child on whose behalf the work permit or age certificate was issued.
(b) The Superintendent of Schools, person authorized by him or her in writing, or other person authorized to issue a work permit pursuant to subsection (a) of this section shall issue the work permit only upon review of the following documents:
(1) A written statement, signed by the person for whom the child expects to work, that he or she intends legally to employ the child;
(2) A brief written description of the job the child is expected to perform;
(3) A birth certificate, or attested transcript thereof, issued by the registrar of vital statistics or other officer charged with the duty of recording births;
(4) A certificate signed by the principal of the school attended showing that the child is attending school:
Provided
, That the requirement for review of this certificate does not apply in the case of a homeschooled student exempt from compulsory school attendance pursuant to 18-8-1(c) of this code; and
(5) The written consent of the parent or parents, guardian, or custodian of the child.
(c) No person authorized to issue a work permit pursuant to subsection (a) of this section may require a physical examination to be included in the application for a work permit.
(d) No person authorized to issue a work permit pursuant to subsection (a) of this section is required to certify that the minor personally appeared before him or her prior to the issuance, modification, or rejection of a work permit.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-4. Contents of Work Permit; Forms; Filing; Records; Revocation

(a) A work permit issued under this article shall set forth the full name and the date and place of birth of the child, with the name and address of his or her parents or parent, or guardian or custodian. It shall certify that the child has submitted for review proofs of age, school attendance except as provided in 21-6-3 of this code, prospective employment, brief description of job and parental or other consent required in 21-6-3 of this code.
(b) The State Commissioner of Labor shall prepare printed forms for work permits and furnish them to the superintendents of schools in the counties of the state and make them available to all others authorized to issue work permits pursuant to 21-6-3 of this code by posting on the Division of Labors website or other method as determined pursuant to rule. A copy of each permit issued shall be forwarded to the State Commissioner of Labor within four days after its issuance. A record of all permits granted and of all applications denied shall be kept in the office of the issuing officer or other person issuing the permit.
(c) The State Commissioner of Labor may at any time revoke a permit if in his or her judgment it was improperly issued, and for this purpose he or she is authorized to investigate the true age of any child employed, to hear evidence, and to require the production of relevant books and documents. If a permit is revoked, the issuing officer shall be notified of the action, and the child may not thereafter be employed or permitted to labor until a new permit has been legally obtained or until the child is to be outside the operation of this article.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-5. Age Certificate for Employers; Inquiry as to Age; Revocation of Certificate; Supervision by State Superintendent of Schools

(a) Upon request of any employer who is desirous of employing a child who represents his or her age to be 16 years or over, the officer or other person charged with the issuance of work permits shall require of the child the proof of age specified in 21-6-3 of this code, and, upon review thereof, if it be found that the child is actually 16 years of age or over, shall issue to the employer a certificate showing the age and date and place of birth of the child. The age certificate, when filed in the office of the employer, must be accepted by an officer charged with the enforcement of this article as evidence of the age of the child in whose name it was issued.
(b) Any officer charged with the enforcement of this article may inquire into the true age of a child apparently under the age of 16 years who is employed or permitted to work in any gainful occupation and for whom no work permit or age certificate is on file; and if the age of the child is found to be actually under 16 years, the employment of the child shall be considered a violation of the provisions of this article.
(c) The State Commissioner of Labor may at any time revoke any age certificate if in his or her judgment it was improperly issued, and for this purpose he or she is authorized to investigate the true age of any child employed as in the case of work permits.
(d) The issuance of work permits and of age certificates shall be under the supervision of the State Superintendent of Schools.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-7. Hours and Days of Labor by Minors

(a) No child under the age of sixteen who is employed or permitted to work in accordance with the provisions of this article shall work:
(1) During school hours, except as provided in work experience and career exploration programs approved by the United States Secretary of Labor;
(2) Before seven o'clock antemeridian or after seven o'clock postmeridian: Provided, That a child under the age of sixteen may work until nine o'clock postmeridian from June 1 through Labor Day;
(3) More than three hours per day, on days in which public schools are in session;
(4) More than eighteen hours per week, in weeks in which public schools are in session;
(5) More than eight hours, on days in which public schools are not in session;
(6) More than forty hours per week, in weeks in which public schools are not in session; or
(7) More than five hours continuously without an interval of at least thirty minutes for a lunch period.
(b) The provisions of subsection (a) of this section do not apply to children under sixteen performing the jobs set out in section one of this article.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-8. Supervision Permits

(a) The commissioner is authorized to prescribe and issue supervision permits to meet special circumstances, and to prescribe the terms and conditions thereof.
(b) The provisions of sections two, three and seven of this article do not apply to a child's employment under a supervision permit issued by the commissioner under this section. The commissioner shall issue a supervision permit only if he or she finds, after careful investigation, as follows:
(1) That the child, in performance of the work contemplated, will be supervised by a responsible party;
(2) That the employer for whom the child will be employed is not subject to federal regulation regarding child labor; and
(3) That the issuance of the supervision permit will promote the best interests of the child.
A supervision permit is valid only so long as the employment is in compliance with the terms and conditions prescribed by the commissioner and contained therein.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-8a. Blanket Work Permits

(a) Blanket work permits are authorized when twenty-five or more minors are to be employed for a period of ninety days or less by an employer.
The employer, or person authorized by him or her in writing, shall forward to the commissioner of labor the following information:
(1) A letter from the employer stating that he or she is familiar with the child labor law of West Virginia and will abide by the law.
(2) A list containing the names, birthdates, ages, and job classifications of each minor.
(b) The minors to be covered by the blanket work permit may not be employed until the employer receives the permit from the commissioner of labor.
The commissioner of labor shall acknowledge the receipt of the information with a letter which shall be retained on file by the employer for the duration of the minors' employment. The commissioner of labor, after making proper inquiry, may issue a blanket work permit for an employer for a period not to exceed ninety days.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-9. Enforcement of Article

It is the duty of the state commissioner of labor, and of his or her authorized representatives within the Division of Labor, to enforce the provisions of this article. To aid in enforcement, the commissioner and his or her representatives are authorized to enter and inspect any place or establishment covered by this article, and to have access to all files and records of employers the inspection of which is pertinent to the objects and purposes of this article. School officials, including truancy officers, shall lend to the commissioner all possible assistance toward effectuating such objects and purposes.
2023 West Virginia Code › Chapter 21. Labor › Article 6. Child Labor › §21-6-10. Offenses; Penalties

(a) Any person who violates a provision of this article, or any parent, guardian, or custodian of a child, who permits the child to work in violation of the provisions of this article, or any school official or other person who illegally issues a work permit, or any person who furnishes false evidence in reference to the age, birthplace, job description, consent, or educational qualifications of a child under this article, shall be guilty of a misdemeanor and, upon conviction thereof, shall for the first offense be fined not less than $50 nor more than $200.
(b) For the second or subsequent offense, a person convicted of violating a provision of this article shall be fined not less than $200 nor more than $1,000, or confined in the county or regional jail for not more than six months, or both fined and confined.
2023 West Virginia Code › Chapter 21. Labor › Article 7. Industrial Homework › §21-7-2. Definitions

For the purposes of this article:
"Employer" means any person who, directly or indirectly, or through an employee, agent, independent contractor or any other person, delivers to another person any materials or articles to be manufactured in a home, not for the personal use of himself or a member of his family; but shall not include the several departments, agencies and institutions of the State of West Virginia, nor any of its political subdivisions.
"Home" means any room, house, apartment, or other premises, whichever is the most extensive, used in whole or in part as a place of dwelling.
"Industrial homework" means any manufacture, in the home, of materials or articles for an employer.
"Commissioner" means the state commissioner of labor.
2023 West Virginia Code › Chapter 21. Labor › Article 7. Industrial Homework › §21-7-3. Prohibited Industrial Homework

The manufacture, or delivery for manufacture, of any of the following by industrial homework shall be unlawful and no permit or certificate issued under this article shall be deemed to authorize such manufacture or delivery:
(1) Tobacco;
(2) Drugs and poisons;
(3) Bandages and other sanitary goods;
(4) Explosives, fireworks, and articles of like character;
(5) Any other articles, the manufacture of which, in industrial homework, is in violation of this article or of any other labor law or of any health law of the state.
2023 West Virginia Code › Chapter 21. Labor › Article 7. Industrial Homework › §21-7-4. Investigations by Commissioner

To carry out the purposes of this article, the commissioner shall have the power to make investigations into all phases of industrial homework in this state, including the investigation of any industry which employs industrial homeworkers.
No person shall interfere with or obstruct the commissioner or his authorized representatives in the carrying out of any investigation under this section.
2023 West Virginia Code › Chapter 21. Labor › Article 7. Industrial Homework › §21-7-6. Employer's Permit; Fee

No employer shall deliver or cause to be delivered to a person in this state any materials for manufacture by industrial homework unless and until such employer has obtained an employer's permit from the commissioner. Application for such permit shall be in the form prescribed by the commissioner.
An employer's permit shall be issued only after payment by the employer of a fee of $50, and shall be valid for a period of one year from its date of issuance unless sooner revoked or suspended pursuant to section ten. All fees collected under this section shall be paid forthwith into the State Treasury to the credit of the General Fund.
2023 West Virginia Code › Chapter 21. Labor › Article 7. Industrial Homework › §21-7-7. Employer Not to Deliver Material for Industrial Homework Unless Worker Has Certificate; Labels

No employer shall deliver or cause to be delivered, in this state, any materials for manufacture by industrial homework unless the person to be engaged in such manufacture is in possession of a valid homeworker's certificate issued in accordance with this article.
No employer shall deliver or cause to be delivered to any person any materials for manufacture by industrial homework unless there has been conspicuously affixed to each article, or, if this is not practicable, to the package or other container in which such materials are delivered, a label or other mark of identification bearing the employer's name and address printed or written legibly in English.
2023 West Virginia Code › Chapter 21. Labor › Article 7. Industrial Homework › §21-7-8. Homeworker's Certificate

No person shall engage in industrial homework in this state unless and until he has obtained a homeworker's certificate from the commissioner. Application for such certificate shall be made in the form prescribed by the commissioner.
A homeworker's certificate shall be issued free of charge, and shall be valid for a period of one year from its date of issuance unless sooner revoked or suspended pursuant to section ten.
2023 West Virginia Code › Chapter 21. Labor › Article 7. Industrial Homework › §21-7-9. Seizure of Unlawfully Manufactured Articles

Any article which is being, or is to be, manufactured in a home in violation of any provision of this article may be removed by the commissioner and retained by him The commissioner shall, by registered mail, notify the employer of such removal and retention. Unless the articles so removed and retained are claimed within thirty days after the notification, they may be destroyed or otherwise disposed of.
2023 West Virginia Code › Chapter 21. Labor › Article 7. Industrial Homework › §21-7-10. Revocation or Suspension of Permits and Certificates; Powers of Commissioner

The commissioner is authorized to revoke or suspend any employer's permit or homeworker's certificate for the violation of a provision of this article.
The commissioner is further authorized to prescribe the form of application for employers' permits and homeworkers' certificates, and to prescribe the form of and to issue such permits and certificates; and to do all other acts required of him under the provisions of this article.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-4. General Powers and Duties; Persons Adversely Affected Entitled to Hearing

(a) The board shall have the power to:
(1) Regulate its own procedure and practice;
(2) 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 and the federal standards;
(3) Advise the commissioner in all matters within his jurisdiction under this article;
(4) Prepare and submit to HUD a state plan application seeking the designation of the board as a state administrative agency for the purpose of administering and enforcing the federal standards and take all other action necessary to enable the board to serve as a state administrative agency;
(5) Study and report to the Governor and the Legislature on matters pertinent to the manufacture, distribution and sale of manufactured housing in this state and recommend changes in the law determined by the board to be necessary to promote consumer safety and protect purchasers of manufactured housing;
(6) Conduct hearings and presentations of views consistent with its rules and the federal standards;
(7) Approve or disapprove applications for licenses to manufacturers, dealers, distributors and contractors in accordance with section nine of this article, and revoke or suspend licenses in accordance with that section, and set the amounts of license fees and bonds or other forms of assurance in accordance with sections nine and ten of this article;
(8) Delegate to and authorize the commissioner to exercise the powers and duties of the board that the board may determine, including without limitation, the authority to approve, disapprove, revoke or suspend licenses in accordance with section nine of this article.
(b) Any person adversely affected by a decision of the board or the commissioner shall be afforded an opportunity for hearing before the board in accordance with section one, article five, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-5. Board Designated as State Administrative Agency for Manufactured Home Construction and Safety Standards; Board to Administer and Enforce Act

The board is hereby designated as the state administrative agency for the administration and enforcement of the federal standards and is charged with the adoption, administration and enforcement of manufactured home construction and safety standards. The standards to be adopted shall be identical to the federal standards. The board shall discharge such duties consistent with the rules and regulations promulgated by HUD.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-6. Inspection of Certain Facilities

The board, by its authorized representatives, may enter, at reasonable times, any factory, warehouse or establishment in which manufactured homes are manufactured, stored or held for sale, for the purpose of ascertaining whether the federal standards and the standards promulgated by the board have been and are being met.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-7. Monitoring Inspection Fee

The board shall establish a monitoring inspection fee in an amount established by HUD. Such fee shall be paid by the manufacturer for each manufactured home produced in this state to the secretary of HUD, who shall distribute the fees collected from all manufactured home manufacturers among the approved and conditionally approved states based on the number of new manufactured homes whose first location after leaving the manufacturing plant is on the premises of a distributor, dealer or purchaser in that state.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-8. Maintenance and Production of Records and Other Information

Each manufacturer, dealer, distributor and contractor shall establish and maintain such records, make such reports and provide such information as the board or the secretary of HUD may reasonably require in order to be able to determine whether such manufacturer, dealer, distributor or contractor has acted or is acting in compliance with this article, the rules and regulations promulgated by the board pursuant to this article or the federal standards and shall, upon request of a person duly designated by the board or the secretary of HUD, permit such person to inspect appropriate books, papers, records and documents relevant to determining whether such manufacturer, dealer, distributor or contractor has acted or is acting in compliance with this article and the federal standards.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-9. License Required; Fees; Form of License; Display of License; Denial, Suspension, or Revocation

(a) No manufacturer, dealer, distributor, or contractor shall engage in business in this state without first having applied for and received a license pursuant to this section. The license shall authorize the holder to engage in the business permitted by the license. All license applications shall be accompanied by the required fee and surety bond or other form of assurance or fee assessed in satisfaction of assurance as required by rule or regulation promulgated by the board.
(b) All licenses shall be granted or refused within 30 days after proper and complete application. All licenses shall expire on June 30 of each year, unless sooner revoked or suspended. Applications shall be deemed valid for a period of 30 days.
(c) The annual license fees shall be in the amounts prescribed by rules promulgated by the board but in no event less than the following amounts:
(1) For manufacturers, $300;
(2) For dealers, $100;
(3) For distributors, $100; and
(4) For contractors, $50:
Provided
, That if a contractor has met the licensing requirements of this article and the West Virginia Contractor Licensing Act in 30-42-1
et seq
., of this code, has paid the annual license fee under 30-42-8 of this code and has furnished bond or other assurance or fee under 21-9-10 of this code, he or she shall not be required to pay the annual license fee set forth in this section.
(d) The board shall prescribe the form of license and each license shall have affixed thereon the seal of the State Division of Labor.
(e) Each licensee shall conspicuously display the license in its established place of business.
(f) Pursuant to such rules and regulations as may be promulgated by the board, the board may deny the issuance of a license or revoke or suspend any license.
(g) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury to be known as the State Manufactured Housing Administration Fund. Expenditures from the fund shall be for the administration and enforcement of this article. Through June 30, 2019, amounts collected which are found to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the divisions funding obligations:
Provided
, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the divisions funding obligations.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-11. State May Act as Primary Inspection Agency

(a) This state, acting through the board, is hereby granted all powers and authority necessary to act as a primary inspection agency and to perform the functions of a "design approval primary inspection agency" and a "production inspection primary inspection agency", as the terms are defined in the federal standards. The board may apply to the secretary of HUD on behalf of this state to act as the primary inspection agency, including application for approval to act as the exclusive production inspection primary inspection agency in this state. The board may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code necessary to enable the board to act on behalf of this state as the primary inspection agency.
(b) The board may provide inspections to private home sites to aid in the resolution of a consumer complaint filed with the board by the home owner. The board may provide, free of charge, one initial and one follow-up inspection related to each consumer complaint: Provided, That the board may charge a licensee an inspection fee for any follow-up inspections which are necessitated by a licensee's failure to comply with an order of the board. The inspection fee may not exceed $75 per hour, plus expenses.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-11a. Inspection of Manufactured Housing; Deferral Period for Inspection and Administrative Remedies; Notification to Consumers of Rights

(a) Inspection of manufactured housing. When a purchaser or owner of a manufactured home files a written complaint with the board alleging defects in the manufacture, construction or installation of the manufactured home, and any additional information the board considers necessary to conduct an investigation, the board shall, within sixty days, to the extent feasible, cause an inspection of the manufactured home by one or more of its employees or person authorized and supervised by the board. The board shall provide the consumer a written report indicating whether the defects alleged by the complaint constitute violations of federal or state statutory or regulatory standards or good and customary manufacturing standards in the construction, design, manufacture or installation of the manufactured home. If the report indicates that the alleged defects constitute a violation, the board shall take such further administrative action as provided for in this article including, but not limited to, ordering the manufacturer, dealer or contractor to correct any defects.
(b) Period of exclusive administrative remedy. No purchaser or owner of a manufactured home may file a civil action seeking monetary recovery or damages for claims related to or arising out of the manufacture, acquisition, sale or installation of the manufactured home until the expiration of ninety days after the consumer or owner has filed a written complaint with the board. The board has a period of ninety days, commencing with the date of filing of the complaint, to investigate and take administrative action to order the correction of defects in the manufacture or installation of a manufactured home. This period of exclusive administrative authority may not prohibit the purchaser or owner of the manufactured home from seeking equitable relief in a court of competent jurisdiction to prevent or address an immediate risk of personal injury or property damage. The filing of a complaint under this article shall toll any applicable statutes of limitation during the ninety-day period but only if the applicable limitation period has not expired prior to the filing of the complaint.
(c) Notice of consumer rights. Every dealer or contractor who moves homes from one place to another shall provide written notification to every purchaser of a manufactured home of the availability of administrative assistance from the board in investigating and ordering corrections of any defect in the manufacture or installation of a manufactured home and the period of exclusive jurisdiction given to the board. The board may prescribe that the notice contain any information the board determines to be beneficial to the purchaser or owner of the manufactured home in exercising that person's rights under this section.
2023 West Virginia Code › Chapter 21. Labor › Article 9. Manufactured Housing Construction and Safety Standards › §21-9-12a. Violation of Cease and Desist Order; Penalties

(a) Upon a determination that a person is engaging in business without a valid license as required under the provisions of section nine of this article, the board or commissioner may immediately issue a cease and desist order requiring the person to cease all operations within this state. After a hearing, the board may impose a penalty of not less than two hundred dollars nor more than one thousand dollars upon any person found to have been engaging in business in this state without a valid license as required under the provisions of section nine of this article.
(b) The board may institute proceedings in the circuit court of the county where the violation occurred, against any person violating a cease and desist order issued under the provisions of subsection (a) of this section.
(c) Any person continuing to engage in business in this state without a valid license as required under the provisions of section nine of this article, after the issuance of a cease and desist order under the provisions of subsection (a) of this section, is guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:
(1) For a first offense, a fine of not less than two hundred dollars nor more than one thousand dollars;
(2) For a second offense, a fine of not less than five hundred dollars nor more than five thousand dollars, or confinement in a county or regional jail for not less than thirty days nor more than six months or both a fine and confinement; and
(3) For a third or subsequent offense, a fine of not less than one thousand dollars nor more than five thousand dollars, and confinement in the county or regional jail for not less than thirty days nor more than one year.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-2. Definitions

As used in this article:
(a) "Amusement ride" means a mechanical device which carries or conveys passengers along, around or over a fixed or restricted route or course for the purpose of giving its passengers amusement, pleasure, thrills or excitement. The term includes carnival rides and fair rides of a temporary or portable nature which are assembled and reassembled or rides which are relocated from place to place. "Amusement ride" may not be construed to mean any mechanical device which is coin operated and does not include the operation of a ski lift, the operation of tramways at state parks, the operation of vehicles of husbandry incidental to any agricultural operations or the operation of amusement devices of a permanent nature which are subject to building regulations issued by cities or counties and existing applicable safety orders;
(b) "Amusement attraction" means any building or structure around, over or through which people may move or walk without the aid of any moving device integral to the building or structure that provides amusement, pleasure, thrills or excitement, including those of a temporary or portable nature which are assembled and reassembled or which are relocated from place to place. The term does not include any enterprise principally devoted to the exhibition of products of agriculture, industry, education, science, religion or the arts and shall not be construed to include any concession stand or booth for the selling of food or drink or souvenirs;
(c) "Kiddie ride" means an amusement ride or amusement attraction that is expressly designed for or offered to: (1) Children age twelve or less; (2) persons who are forty-two inches in height or less; or (3) persons who are ninety pounds in weight or less;
(d) "Intoxicated" means influenced or affected by the ingestion of alcohol, a controlled substance, any intoxicant or any combination of alcohol, controlled substances and intoxicants;
(e) "Mobile amusement ride or mobile amusement attraction" means an amusement ride or amusement attraction which is erected in a single physical location for a period of less than twelve consecutive months;
(f) "Operator" means the person having direct control of the starting, stopping and speed of an amusement ride or attraction;
(g) "Owner" means any person, corporation, partnership, or association who owns an amusement ride or attraction or, in the event that the amusement ride or attraction is leased, the lessee;
(h) "Stationary amusement ride or stationary amusement attraction" means an amusement ride or amusement attraction that is erected in a single physical location for a period of more than twelve consecutive months.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-3. Rules

The Division of Labor shall propose legislative rules for promulgation for the safe installation, repair, maintenance, use, operation and inspection of all amusement rides and amusement attractions as the division finds necessary for the protection of the general public using amusement rides and amusement attractions. The rules shall be in addition to the existing applicable safety orders and shall be concerned with engineering force stresses, safety devices and preventative maintenance. All such rules shall be promulgated in accordance with the provisions of article three, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-4. Inspection and Permit Fees

(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is $100 for each ride or attraction. The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit. The division shall waive the inspection fee for any ride or attraction whose owner provides proof of nonprofit business status or for any ride or attraction whose owner provides proof that an inspection has been completed within the last year by a certified special inspector as provided in §21-10-6 of this code.
(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any owner or operator requires an inspection as the result of a violation of the permitting requirements of §21-10-6 of this code, the division shall charge the owner or operator $75 per hour in addition to the established inspection fee, including travel time.
(c) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury known as the Amusement Rides and Amusement Attractions Safety Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.
(d) No inspection fee may be charged public agencies.
(e) The division shall issue, and the owner, operator, or both of the amusement rides and amusement attractions shall visibly display to the public, inspection stickers denoting and signifying that the inspection and permit fee authorized by this section has been paid or waived.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-5. Inspectors

(a) The Division may hire or contract with inspectors to inspect amusement rides and amusement attractions. The Division is responsible for oversight and review of the activities of special inspectors and may hire or contract with inspectors to review the activities of special inspectors.
(b) The Division shall certify all special inspectors who are employed by insurance providers that write insurance policies for amusement rides and amusement attractions required by section twelve of this article. The Division may suspend or revoke any certification of a special inspector upon a showing of good cause. The Division shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code providing an application process and minimum qualifications for certification of special inspectors. The Division may charge an annual certification fee not to exceed $50.
2023 West Virginia Code › Chapter 21. Labor › Article 10. Amusement Rides and Amusement Attractions Safety Act › §21-10-6. Permits; Application; Annual Inspection

No operator or owner may knowingly permit the operation of an amusement ride or amusement attraction without a permit issued by the Division. Each year and at least fifteen days before the first time the amusement ride or amusement attraction is made available in this state for public use, an operator or owner shall apply for a permit to the Division on a form furnished by the Division and containing any information the Division may require. The Division shall, within thirty days of the first time in the calendar year the ride or attraction is made available in this state for public use, inspect all amusement rides and amusement attractions. The Division shall inspect all stationary rides and attractions at least once every year. The Division may inspect all mobile amusement rides and amusement attractions each time they are disassembled and reassembled for use in this state. The Division may conduct inspections at any reasonable time without prior notice: Provided, That in lieu of performing its own inspection, the Division may accept inspection reports from special inspectors certified by the Division.