reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-7 - Public Fireworks Display Permit

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Any municipality, county, fair association, amusement park or other
				organization shall have a permit to present a public display of fireworks from
				the State Fire Marshal.
7.2. To
				receive a permit, a municipality, county, fair association, amusement park, or
				other organization shall:
7.2.a. Submit an
				application providing all required forms and documentation to the satisfaction
				of the State Fire Marshal;
7.2.b.
				Pay the required fee not to exceed $50.00;
7.2.c. Provide the State Fire Marshal proof
				that the applicant maintains at all times public liability and product
				liability insurance with minimum coverage limits of $1 million dollars to cover
				losses, damages or injuries that might result from the public display of
				fireworks;
7.2.d. Provide proof
				that the event will be conducted by a competent pyrotechnician(s) licensed
				pursuant to Section 8 of this Rule by the State Fire Marshal;
7.2.e. Provide verification of the source
				and/or manufacturer of the fireworks or pyrotechnics to be used during the
				event to ensure the supplier is properly credentialed in the State of West
				Virginia;
7.2.f. Provide
				verification that the municipality, county, fair association, amusement park
				and other organizations have given written notice to the local police and fire
				authorities at least five days prior to the display for which the permit is
				sought.
7.2.g. Provide verification
				that display shall be operated by a competent operator licensed or certified as
				to competency by the State Fire Marshal and shall be of such composition,
				character, and so located, discharged or fired so as to be safe in the opinion
				of the chief of the fire department serving the community or area where such
				display is being held.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-8 - Pyrotechnic Licensing, Examinations Required

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person engaged in the business of
				conducting a public display of fireworks or pyrotechnics shall have a license
				issued from the State Fire Marshal.
8.2. To receive a pyrotechnic license, a
				person shall:
8.2.a. Submit an application
				providing all required forms and documentation to the satisfaction of the State
				Fire Marshal;
8.2.b. Pay the
				required fee of $20.00;
8.2.c.
				Demonstrate through training, skill and experience a minimum proficiency in the
				field to the satisfaction of the State Fire Marshal;
8.2.d. For new licensure, the applicant must
				successfully complete and pass an examination administered by the State Fire
				Marshal;
8.2.e. Provide copies of
				all required licenses and permits; and
8.2.f. Provide the results of a criminal
				background examination by the West Virginia State Police Criminal Investigation
				Bureau and the Federal Bureau of Investigation. If the applicant has been
				fingerprinted within the previous thirty-six (36) months, then the State Fire
				Marshal may accept the previous fingerprints or require new fingerprints. The
				cost of fingerprinting and fingerprint analysis shall be paid by the applicant.
8.2.f.1.
Provided
, in lieu
				of the requirements of a criminal background check as provided herein, the
				State Fire Marshal may accept a valid "Employee Possessor/Responsible Person"
				clearance as issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives
				where applicable.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-9 - Registration of Manufacturers, Wholesalers and Distributors

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person engaged in the manufacturing
				of fireworks and/or explosive materials in this state must be properly
				registered with the State Fire Marshal.
9.1.a.
				To be registered as a manufacturer, a person shall:
9.1.a.1. Submit an application providing all
				required forms and documentation to the satisfaction of the State Fire
				Marshal;
9.1.a.2. Pay the required
				fee as set forth in §103 C.S.R. 2
et seq.
;
9.1.a.3. Provide copies of all required
				licenses and permits;
9.1.a.4.
				Provide the State Fire Marshal proof that the applicant maintains at all times
				public liability and product liability insurance with minimum coverage limits
				to cover losses, damages or injuries that might result from the manufacturing
				of explosive materials; and
9.1.a.5. Provide a site plan, a description
				of the manufacturing process, and any other documentation or information as
				requested, to provide the State Fire Marshal with sufficient details to allow a
				meaningful review process.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-10 - Sparkling devices and novelties registration

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A person may not sell sparkling devices
				or novelties without being registered with the State Fire Marshal.
10.1.a. To be registered with the State Fire
				Marshal, the person shall:
10.1.a.1. Submit an
				application to the State Fire Marshal;
10.1.a.2. Pay the required fee of $15.00 per
				retail location; and
10.1.a.3.
				Provide verification that the retailer holds a valid business registration
				certificate and meets all other legal requirements of doing business in this
				State.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-11 - Prohibited Conduct

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A
				person may not intentionally ignite, discharge or use consumer fireworks on
				public or private property without the express permission of the owner to do
				so.
11.2. A person may not
				intentionally ignite or discharge any consumer fireworks or sparkling devices
				within or throw the same from a motor vehicle or building.
11.3. A person may not intentionally ignite
				or discharge any consumer fireworks or sparkling devices into or at a motor
				vehicle or building, or at any person or group of people.
11.4. A person may not intentionally ignite
				or discharge any consumer fireworks or sparkling device while the person:
11.4.a. Is under the influence of
				alcohol;
11.4.b. Is under the
				influence of any controlled substance;
11.4.c. Is under the influence of any other
				drug; or
11.4.d. Is under the
				combined influence of alcohol and any controlled substance or any other
				drug.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-12 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. This Rule
				does not prohibit any of the following:
12.1.a. The use of fireworks by railroads or
				other transportation agencies for signaling purposes or illumination;
12.1.b. The use of agricultural and wildlife
				fireworks;
12.1.c. The sale or use
				of blank cartridges for a theatrical performance, use by military organizations
				or signal or ceremonial purposes in athletics or sports; or
12.1.d. The possession, sale or disposal of
				fireworks incidental to the public display of fireworks by wholesalers or other
				persons who have a permit to possess, store and sell explosives from the Bureau
				of Alcohol, Tobacco, Firearms, and Explosives of the United States Department
				of Justice and the State Fire Marshal.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-13 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any person
				who violates any provision of this Rule shall be guilty of a misdemeanor, and
				upon conviction thereof, shall be fined not less than $100.00 nor more than
				$500.00 pursuant to the provisions of W. Va. Code §
									29-3E-12.
13.2. The State Fire Marshal shall seize,
				take, remove and dispose of at public auction or destroy, or cause to be
				seized, taken or removed and disposed of at public auction, or destroyed at the
				expense of the owner, all stocks of fireworks or combustibles offered for sale,
				stored or held in violation of this article or an emergency or legislative rule
				promulgated hereunder.
13.3. In
				addition to any criminal penalties and/or seizures provided herein, any person
				who violates a provision of this Rule may be precluded from being granted any
				permit, registration, certification or licensure as issued by the State Fire
				Marshal or State Fire Commission for a period of up to five (5) years as
				determined by the State Fire Marshal pursuant to W.Va. Code §
									29-3E-8(a)(5)
				and (8).
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-14 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The sections
				of this rule are severable. Should any section be declared by judicial opinion
				unconstitutional or in any manner contrary to the laws of the State of West
				Virginia, that particular section shall be invalid and all other sections shall
				remain in full force and effect.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These rules establish the procedures to be followed to protect the health,
				safety, and welfare of the public as well as public and private property by
				assuring the competence of those who perform electrical work through licensure
				by the State Fire Marshal of the State Fire Commission.
1.2. Authority. -- W. Va. Code §
									29-3B-5.
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- May
				1, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
1.6. Subject. -- Standards
				and Procedures relating to the Issuance of Certificates of Competency to
				Master, Journeyman, or and Specialty Electricians.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Master
				Electrician" - means a person with at least 2 years of electrical work
				experience, including experience in all phases of electrical wiring and
				installation, who holds a master electrician's license issued by the West
				Virginia State Fire Marshal who is competent to instruct and supervise the
				electrical work of Journeyman and Assistant/Helper Electricians. A master
				electrician shall have a comprehensive knowledge and understanding of the
				National Electrical Code, and the ability to read electrical plans, drawings,
				and designs to calculate demand loads in compliance with the National
				Electrical Code.
2.2. "Journeyman
				Electrician" - means a person qualified by at least 1 year of electrical work
				experience to do any work installing wires, conduits, apparatus, equipment,
				fixtures, and other appliances subject to supervision by a master electrician,
				and who holds a journeyman electrician's license issued by the West Virginia
				State Fire Marshal. A journeyman electrician shall have a knowledge and
				understanding of the National Electric Code as it pertains to the installation
				of wires, conduits, apparatus, equipment, fixtures, and other appliances. A
				journeyman electrician shall not design any part of an electrical
				system.
2.3. "Electrician's
				Assistant/Helper" - means a person who is directly assisting a Journeyman or
				Master Electrician in performing supervised electrical work. Electrician
				Assistants/Helpers are not permitted to perform any electrical work
				unsupervised or in hazardous areas as defined in the National Electric Code
				(NFPA 70).
2.3.1. "Assisting or Helping" - is
				defined as a person who is working with, is in direct contact with, and is
				under the direct supervision of a Licensed Electrician.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-3 - Necessity of License and Local Ordinances

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Necessity of License - Under provisions
				of applicable law, 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
				issued by the State Fire Marshal in accordance with W. Va. Code §
									29-3B-1
et seq
.
				and a copy of such license is posted on any job in which electrical work is
				being performed for hire. If any firm or corporation applies for, is granted
				and holds a valid electrician license, such license does not exempt
				electricians employed by, working directly or indirectly for, subcontracting
				for, or providing services to such firm or corporation from the requirement of
				also possessing journeyman or master electrician license.
3.1.1. Any non-compensation work not
				otherwise exempted from licensure under subsection 3.3. of this rule shall be
				conducted under the supervision of a West Virginia licensed master or
				journeyman electrician.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-4 - Qualifications for Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				"Master License": To apply for a "master electrician license" a person must
				have 2 years of experience as a journeyman electrician in electrical work of
				such breadth, independence, and quality that such work indicates that the
				applicant is competent to perform all types of electrical work and can direct
				and instruct journeyman electricians and assistant/helper electricians in the
				performance of electrical work.
4.2. "Journeyman License": To apply for a
				"journeyman electrician's license", a person must:
(1) have at least 1 year of experience as an
				assistant/helper electrician in performing electrical work under the direction
				or instruction of a master or journeyman electrician;
(2) have completed a United States Department
				of Labor/Bureau of Apprenticeship and training registered electrical
				apprenticeship program; or
(3) have
				completed an electrical vocational education program of at least one thousand
				eighty hours in length approved by the WV Board of Education which should
				include an on-the-job training/work hours module, successfully passed all final
				written and practical testing required by the WV Department of Education, and
				obtained an affidavit showing competency to sit for the journeyman electrician
				examination from the program instructor.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-5 - Examinations

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Examination
				Required - After the effective date of these rules the State Fire Marshal shall
				issue an electrician license only to that person who has satisfactorily passed
				an examination for the level of licensure applied for, and who has otherwise
				met and complied with the requirements of these rules.
5.2. Form of Request - An applicant
				requesting an examination under the provisions of these rules must, as a
				condition precedent to such examination, furnish the State Fire Marshal with:
5.2.1. The class of license for which he/she
				seeks licensure, i.e. Master, Journeyman, or Specialty; and
5.2.2. A $25.00 application review fee, for
				the Master, Journeyman or Specialty examination. The fee is not
				returnable.
5.2.3. A history of
				experience and qualifications which must equal the years of experience required
				for the level of licensure that the applicant is seeking.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-7 - Expiration and Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Expiration - All electrician licenses issued by the State Fire Marshal expire
				on the 30th day of June each year.
7.2. Renewal Fee Required - The State Fire
				Marshal shall renew annually, or for up to a three year time period, the
				electrician license of any licensee who makes application and upon payment of a
				renewal fee of $50.00 per year. It shall be the individual's responsibility to
				submit their license renewal request to the State Fire Marshal.
7.3. Renewal After Expiration - All
				electricians licenses not renewed in accordance with the provisions of
				subsection 7.2. of this rule may be renewed by paying the $50.00 license fee
				and a $50.00 penalty fee within the licensure year. No person, firm, or
				corporation may perform electrical work during the period of time their license
				is expired. An electrician previously licensed by the WV State Fire Marshal who
				did not renew his or her electrician license, may renew without retesting
				within 5 years of the date of the last renewal, provided that: the
				electrician's license had not been revoked and that the applicant pays double
				the current fee.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-8 - Denial, Revocation or Suspension of License

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Denial of License - A license will be
				denied any applicant who:
8.1.1. fails to make
				a passing score of 70% on any examination; or
8.1.2. fails to provide evidence of the
				required experience and/or qualifications for the class of license.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-9 - Licensing Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				General Requirements.
9.1.1. The state fire
				marshal may enter into formal reciprocal agreements with other jurisdictions
				whereby nonresident electricians licensed by the other jurisdictions may obtain
				a West Virginia electrician license without written examination provided:
9.1.1.a. The applicant furnishes to the State
				Fire Marshal a written statement from his/her jurisdiction certifying that he
				or she holds a current electrician license issued by that
				jurisdiction;
9.1.1.b. The
				individual is duly qualified for the license currently issued to the applicant
				by his or her jurisdiction;
9.1.1.c. The applicant files an application
				on a form provided by the State Fire Marshal requesting a license under the
				formal licensing reciprocity agreement currently in effect between the State
				Fire Marshal and the applicant's jurisdiction;
9.1.1.d. Except for the written examination
				requirement, the applicant furnishes to the State Fire Marshal information
				satisfactorily verifying to the State Fire Marshal that he or she meets all the
				applicable sections of these rules; and
9.1.1.e. The applicant furnishes to the State
				Fire Marshal his or her check or money order for the annual license fee as
				required in Section 7 of these rules for the specific license classification
				requested.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-10 - Effect of Noncompliance

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. 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 W. Va. Code §
									29-3B-1
et seq
.
				and these rules, without possessing the required license or otherwise complying
				with W. Va. Code §
									29-3B-1
et seq
.,
				is for the first offense guilty of a misdemeanor, and, upon conviction thereof,
				shall be fined not less than $100, nor more than $500.00. For a second and each
				subsequent offense, the penalty and punishment is a fine of not less than
				$500.00 nor more than $1,000.00.
Each day during which such electrical work is performed
				  without the required license or while in non-compliance with any of the
				  provisions of W. Va. Code §
										29-3B-1
et seq
.,
				  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
				  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 W. Va.
				  Code §
										29-3B-1
et seq
.,
				  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
				  assistants.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-11 - Disposition of Fees, Fines and Other Receipts

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. All fees and other monies received as a
				result of actions under this article shall be paid to the State Fire Marshal
				and deposited by him in a special account with the State Treasurer.
11.2. The fees deposited in the special
				account shall be used as provided by W. Va. Code §
									29-3-12(b).
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-12 - Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Enforcement
				of Licensure Requirements - In the course of investigating complaints as
				authorized under the West Virginia Code, the State Fire Marshal and/or his
				designated representative shall inquire respecting the licensure of person(s),
				firm(s), or corporation(s) in compliance with W. Va. Code §
									15A-10-7(c),
et seq
. and these rules.
12.2. Enforcement by Others - Any citizen,
				law enforcement official or other official of any state, county, or municipal
				government agency, upon observing an infraction of the licensure requirements
				of W. Va. Code §
									29-3B-1
et seq
.
				may make a written complaint to the office of the State Fire Marshal or
				alternatively may initiate a complaint with any magistrate, court, or law
				enforcement agency. When a complaint is made to the Office of the State Fire
				Marshal, that Office shall investigate the complaint, make a written report
				respecting its findings and take any enforcement measures required by W. Va.
				Code §
									29-3B-1
et
				seq
.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-13 - Causes for Denial, Limitation, Suspension or Revocation of Certifications of Electricians

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				The State Fire Marshal shall deny, limit, suspend, or revoke a license issued
				if the provisions of this article, or if the rules promulgated pursuant to this
				article or §15A-11-1
et seq
. of this code are violated.
13.1.1. Before any such license is denied,
				limited, suspended, or revoked, however, written notice shall be given to the
				licensee stating the grounds for such denial, limitation, suspension, or
				revocation.
13.1.2. An applicant or
				licensee has 10 working days after receipt of the order denying, limiting,
				suspending, or revoking a license to request a formal hearing contesting the
				denial, limitation, suspension, or revocation of a license under this article.
				If a formal hearing is requested, the applicant or licensee and the secretary
				shall proceed in accordance with the provisions of §29A-5-1
et
				seq.
of this code.
13.1.3.
				If the license is denied, limited, suspended, or revoked, the license or
				certification holder shall cease and desist practices of their profession as of
				the effective date of the denial, limitation, suspension, or revocation. Any
				administrative appeal of such denial, limitation, suspension, or revocation
				shall not stay the denial, limitation, suspension, or revocation.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-05 - Electricians Licensing Rules › Section 103-5-14 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The sections
				of this rule are severable. Should any section be declared by judicial opinion
				unconstitutional or in any manner contrary to the laws of the State of West
				Virginia, that particular section shall be invalid and all other sections shall
				remain in full force and effect.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the requirements for the certification, continuing education
				and training of municipal, county, and other public sector Building Code
				Officials, Building Code Inspectors and Building Code Plans Examiners to ensure
				compliance with the State Building Code.
1.2. Authority. -- W. Va. Code §
									15A-10-2 and
				15A-10-5.
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- May
				1, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
1.6. Repeal of former rule.
				-- This legislative rule repeals and replaces 87CSR7 "Standards for the
				Certification and Continuing Education of Municipal, County, and Other Public
				Sector Building Code Officials, Building Code Inspectors and Plans Examiners"
				filed May 3, 2016, and effective June 1, 2016, pursuant to Senate Bill 586,
				passed during the Regular Session of 2020.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Code
				Enforcement Department" means a division of any municipality, county or other
				governmental entity which has adopted and enforces the State Building
				Code.
2.2. "Code Official" is a
				person who oversees and administers the Code Enforcement Department in a
				municipality, county or other local government entity that has lawfully adopted
				the State Building Code. In this role, the person may typically supervise one
				or more Deputy Code Officials, and other administrative and technical staff
				employed by the Code Enforcement Department. The Code Official:
a) examines construction documents to
				ascertain compliance with provisions of the State Building Code,
				and/or
b) performs field inspections
				to determine compliance with approved plans and code requirements,
				and/or
c) enforces the relative
				administrative provisions of the State Building Code such as supervising
				building code inspectors or plans examiners, issues building permits, occupancy
				permits, notices of violations and orders, and initiates compulsory
				process.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-4 - Continuing Education Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In order to maintain certification and
				qualify for renewal of the license, each code official, inspector, or plans
				examiner, or any person certified and licensed as any combination thereof,
				shall complete continuing education units in courses approved by the State Fire
				Commission for a total of 1.5 units acquired over the period of time of the
				current license and completed prior to the renewal date.
4.2. The State Fire Commission may establish
				code training provider standards, curriculum or subject matter standards,
				trainer qualifications and reporting requirements for continuing education
				programs.
4.2.a. The following instruction
				providers are deemed presumptively approved by the State Fire Commission: the
				ICC; the National Conference of States on Building Codes and Standards; a
				Federal, Commonwealth or State agency as it relates to building codes; an
				accredited academic institution as it relates to building codes; a model code
				organization or its accredited local chapter (WVCOA); a trade association
				representing design professionals or the construction industry; a national
				standards writing organization; and/or an association serving or representing
				state municipalities as it relates to building codes.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-5 - Renewal of Certification and License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Every person certified and licensed
				under this rule shall renew his or her certification(s) every three years. A
				certification is not valid for a period greater than three years.
5.2. The State Fire Marshal may designate the
				forms to be used for application for renewal of certification and shall make
				them available to all persons licensed under this rule. Not less than 60 days
				prior to the expiration of a certification, the State Fire Marshal shall notify
				the person by mail of the pending expiration and provide that person with
				copies of the forms required to apply for renewal of the
				certification.
5.3. The fee for
				renewal of the certification is $75.00.
5.3.a.
				Applicants seeking renewal of certification(s) by the State Fire Commission
				shall be subject to the required fee of $75.00 for each class of certifications
				(
i.e.
$75.00 for one or all qualifying Code Official
				certification(s); $75.00 for one or all qualifying Inspector certifications;
				and/or $75.00 for one or all qualifying Plans Examiner
				certification(s).)
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-6 - Probationary Employment of Uncertified Code Officials, Inspectors and Plans Examiners

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				uncertified person shall be granted a probationary status for a period not to
				exceed 2 years, during which the certification requirements of subsection 3.2.
				shall be satisfied. Upon proof of qualification for certification as required
				by subsection 3.2., the individual shall be certified in the respective
				categories listed in Section 3 of this Rule.
6.2. During the period of probationary
				status, the individual must submit to the State Fire Marshal a report of the
				person's status in completing testing in the ICC disciplines. This report must
				be made within 90 days of the grant of probationary status and every 90 days
				thereafter through the period of probation. Failure to comply with this
				condition may result in the revocation of the probationary status.
6.3. Not less than 90 days prior to the
				expiration of the probationary period granted, an individual may request an
				extension of the probationary period. The State Fire Marshal may, upon good
				cause shown, extend the period of probationary status for not more than 6
				months during which the individual must present monthly reports of their status
				in obtaining proper certification. Failure to comply with this condition may
				result in revocation of the probationary status.
6.4. In the event a probationary status or
				request for extension of probationary status is denied by the State Fire
				Marshal, the individual may request an administrative hearing pursuant to the
				provisions of W. Va. Code §
									29A-5-1
et seq.
with the Administrative Law Judge within 30 days after receipt of the
				decision.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-7 - Denial, Suspension, or Revocation of Certifications; Other Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The State Fire
				Marshal may deny, suspend, or revoke, any certification or application for
				certification for any of the following grounds:
7.1.a. failure to provide sufficient or
				complete documentation;
7.1.b.
				providing false documentation;
7.1.c. making any misrepresentation in the
				process of application for certification or renewal of certification;
7.1.d. failure to comply with the continuing
				education requirements;
7.1.e.
				failure to submit full payment of certification fees or renewal of
				certification fees; or
7.1.f.
				failure to submit an application within the time periods provided by this
				rule.
7.1.g. upon satisfactory
				proof that a certification holder or applicant has been convicted of a
				felony.
7.1.h. willfully departed
				from accepted standards of conduct in violation of the rules of the State Fire
				Commission or State Fire Marshal; or
7.1.i. willfully violated any federal, state,
				or local law, rule, or regulation, while acting in his or her official capacity
				as a Code Official, Inspector or Plans Examiner.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-8 - Local Code Enforcement Departments; Annual Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any municipality, county, or local
				governmental entity, adopting and enforcing the State Building Code shall have
				a designated Code Enforcement Department.
8.1.a. A Code Enforcement Department must
				employ a certified Code Official as the administrator of the organization. The
				Code Official may supervise one or more Deputy Code Officials, and other
				administrative and technical staff employed by the Code Enforcement
				Department.
8.1.b. Each inspector,
				during the inspection, shall maintain and have readily available the current
				provisions in paper or electronic format of the appropriate standard for the
				relevant discipline available for review. The Code Official is responsible for
				ensuring that this is done, and that the inspector shall inform the building
				owner or agent, in writing, of the specific violation of the code by number and
				or title.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-9 - Complaints; Determination of Probable Cause

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The State Fire Marshal, or his or her
				designee, shall be empowered with the authority of investigating and
				administratively handling any complaint filed alleging a violation of Sections
				7 and/or 8 of this rule.
9.2. Any
				person, firm, corporation, member of the State Fire Commission, State Fire
				Marshal, or public officer, upon observing an infraction of the requirements of
				Section 7 or 8 of this rule may file a written complaint with the office of the
				State Fire Marshal. The State Fire Marshal may provide a form for this purpose,
				but a complaint may be filed in any written form.
9.3. To the extent possible, the complaint
				should describe the alleged violation which prompted the complaint, including
				any of the following information:
9.3.a. The
				name and address of the certified individual or applicant against whom the
				complaint is lodged;
9.3.b. The
				date of the alleged unlawful act;
9.3.c. The nature of the alleged unlawful
				act; and
9.3.d. The location of the
				alleged unlawful act.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-10 - Appeal of denial of certification; hearings; evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person who desires to appeal a
				decision or Order may appeal the decision or Order pursuant to the provisions
				contained in Series 9 of Title 87 of the West Virginia Code of State Rules. The
				taking of evidence and hearing procedures shall be made in conformity
				therewith.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-11 - Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any final
				order entered by the State Fire Marshal following a hearing conducted pursuant
				to these rules shall be made pursuant to the provisions of W. Va. Code
				§§
									29A-5-3. Such orders shall be
				entered within 45 days following the submission of all documents and materials
				necessary for the proper disposition of the case, including transcripts, and
				shall contain findings of fact and conclusions of law.
11.2. The findings of fact and conclusions of
				law must be made by the Administrative Law Judge, before a final order is
				entered. A copy of the final order rendered by an Administrative Law Judge
				shall be served upon the demanding or charged party and/or his or her attorney
				of record, if any, within 10 days after entry by the Fire Marshal by personal
				service or by registered or certified mail.
11.3. The Administrative Law Judge's Order
				and Decisions are final and Conclusive - A party aggrieved by a decision by the
				State Fire Marshal may appeal such final decision to the Office of
				Administrative Hearings, pursuant to W.Va. Code §
									15A-9-1
et seq
.
				of this code or may choose independent informal dispute resolution as set forth
				in this article. Any order or final written decision of the Administrative Law
				Judge based upon or made in the course of the administration or enforcement of
				the provisions of W. Va. Code §
									15A-9-1
et seq
.
				based upon or made pursuant to this rule, is final, unless vacated or modified
				upon review pursuant to the appeal rights and procedures provided by Chapter
				29A of the W. Va. Code and this rule. A party may appeal the hearing examiner's
				decision to the Intermediate Court of Appeals as the Intermediate Court of
				Appeals has appellate jurisdiction over all "[f]inal judgments, orders, or
				decisions of an agency or administrative law judge entered after June 30, 2022"
				per West Virginia Code §
									51-11-4(b)(4).
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-06 - Standard For The Certification And Continuing Education Of Municipal, County, And Other Public Sector Building Code Officials, Building Code Inspectors And Plans Examiners › Section 103-6-12 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An appeal
				from any final order of the Administrative Law Judge entered in accordance with
				these rules shall comply with the provisions of W. Va. Code §
									29A-6-1 et seq.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures to be followed to assure that consumers of home
				inspection services can rely on the competence of home inspectors, as
				determined by educational and experience requirements and testing. In order to
				protect consumers, this rule defines home inspection, outlines what must be
				included in a home inspection, defines unethical conduct by home inspectors and
				creates penalties for prohibited acts.
1.2. Authority. -- W. Va. Code §
									15A-10-5(a), (b),
				(c).
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- May
				1, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
1.6. Enforcement. -- The
				State Fire Marshal shall administer and enforce the provisions of this
				rule.
1.7. Repeal and Replace. --
				This rule replaces 87 CSR 5, "Certification of Home Inspectors" filed May 1,
				2014, and effective July 1, 2014, pursuant to Senate Bill 586, passed during
				the 2020 Regular Session.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-3 - Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule does
				not apply to, and a certification is not required for, the following persons:
3.1.a. A person, employed by a governmental
				entity, who inspects residential dwellings as part of his or her official
				duties and responsibilities for that entity;
3.1.b. A person performing an inspection of a
				residential dwelling on behalf of a bank, savings and loan association or
				credit union for the sole purpose of monitoring the progress of the
				construction of the dwelling;
3.1.c. A person employed as a residential
				property manager when conducting inspections as part of his or her duties in
				that position and when that person does not receive separate compensation for
				the act of inspecting the residences; or
3.1.d. A person, regulated in another
				profession, when acting within the scope of that person's license,
				registration, or certificate.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-4 - Qualifications for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. As an initial requirement and
				qualification to obtain a certification as a home inspector, every applicant:
4.1.a. Shall have passed the National Home
				Inspector Examination offered by the Examination Board of Professional Home
				Inspectors or other, comparable examination, as determined or designated by the
				State Fire Marshal; and
4.1.b.
				Shall present proof of satisfactory completion of at least 80 hours of
				instruction which, as determined by the State Fire Marshal, directly relates to
				the performance of professional home inspections.
4.1.c. Successfully completed high school or
				its equivalent.
4.1.d. Present
				proof of, and shall maintain, general liability insurance in the amount of not
				less than $250,000.00. The certified home inspector shall forward proof of
				renewal to the State Fire Marshal's office prior to the expiration date of the
				policy and the proof of renewal shall cover, at a minimum, the period for which
				the Home Inspector Certification is issued.
4.1.e. Applicants shall be required to
				provide fingerprints for examination by the West Virginia State Police Criminal
				Investigation Bureau and the Federal Bureau of Investigation. If the applicant
				has been fingerprinted by the State Fire Marshal within the previous 36 months,
				then the State Fire Marshal may accept the previous fingerprints or require new
				fingerprints. If fingerprints are required to be provided by an applicant, the
				applicant shall provide a signed authorization for the release of information
				by the examining agencies. The costs of fingerprinting and fingerprint analysis
				shall be paid by the applicant.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-07 - Certification of Home Inspectors › Section 103-7-5 - Procedure for application

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				An applicant requesting certification under the provisions of this rule shall,
				as a condition precedent to the issuance of certification, provide the State
				Fire Marshal with:
5.1.a. A completed
				application on forms furnished by the State Fire Marshal;
5.1.b. A copy of a valid West Virginia
				business license issued by the West Virginia Department of Tax and Revenue;
				and
5.1.c. Any other documentation
				required by the State Fire Marshal to ensure compliance with qualifications for
				certification.
5.1.d. The
				appropriate application fee.