reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The following ASTM International standards are adopted and incorporated by
				reference:
4.1.a. F 747 - 06, "Standard
				Terminology Relating to Amusement Rides and Devices," except for the
				definitions of "serious injuries/illnesses" and "unscheduled
				cessation;"
4.1.b. F 770 - 11,
				"Standard Practice for Ownership, Operation, Maintenance, and Inspection of
				Amusement Rides and Devices;"
4.1.c. F 893 - 10, "Standard Guide for
				Auditing Amusement Rides and Devices;"
4.1.d. F 1159 - 03a, "Standard Practice for
				Design and Manufacture of Patron Directed, Artificial Climbing Walls, Dry
				Slide, Coin Operated and Purposeful Water Immersion Amusement Rides and Devices
				and Air-Supported Structures;"
4.1.e. F 1193 - 06, "Standard Practice for
				Quality, Manufacture, and Construction of Amusement Rides and
				Devices;"
4.1.f. F 2007 - 07a,
				"Standard Practice for Design, Manufacture, and Operation of Concession
				Go-Karts and Facilities;"
4.1.g.
				Section 14, "Fencing, Guardrails, Handrails, Gates, and Walkways for Amusement
				Rides and Devices" of F 2291 - 11, "Standard Practice for Design of Amusement
				Rides and Devices;"
4.1.h. F 2374 -
				10, "Standard Practice for Design, Manufacture, Operation, and Maintenance of
				Inflatable Amusement Devices;"
4.1.i. Section 8, "Installation and Use," and
				Section 9, "Maintenance and Operations" of F2375 - 09, "Standard Practice for
				Design, Manufacture, Installation and Testing of Climbing Nets and Netting/Mesh
				used in Amusement Rides, Devices, Play Areas and Attractions;"
4.1.j. F2376 - 08, "Standard Practice for
				Classification, Design, Manufacture, Construction, and Operation of Water Slide
				Systems;" and
4.1.k. F2460 - 11,
				"Standard Practice for Special Requirements for Bumper Boats."
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-5 - Permit to Operate Required; Permit Application Requirements; Permit Fee; Application Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Before beginning the operation of any amusement ride or attraction in West
				Virginia, the owner or operator shall submit a written application for a permit
				at least 15 days before the first intended date of use and provide all
				information as the Commissioner may require on a form supplied by the
				Division.
5.2. An owner of an
				amusement ride or attraction shall include the following information on the
				permit application:
5.2.a. The name and
				address of the owner of the amusement ride or attraction;
5.2.b. Registration of the make, model,
				serial number, and the name and address of the manufacturer of the amusement
				ride or attraction;
5.2.c.
				Documentation of the liability insurance policy covering the amusement ride or
				attraction in an amount not less than that specified by W. Va. Code §
										21-10-12;
5.2.d. If required by the manufacturer of the
				amusement ride or attraction, the most current non-destructive testing
				report;
5.2.e. The completed
				"Notice of Scheduled Inspection" form;
5.2.f. A copy of the owner's West Virginia
				business registration certificate; and
5.2.g. A schedule of play dates in West
				Virginia for the effective period of the requested permit, to include the
				following information:
5.2.g.1. Identification
				of the immediate site of operation;
5.2.g.2. The amusement ride or attraction
				setup date;
5.2.g.3. The starting
				date and time of usage for the ride or attraction; and
5.2.g.4. The amusement ride or attraction
				disassembly date.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-6 - Insurance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Before a
				permit can be issued, the owner shall provide the Commissioner with a
				Certificate of Insurance documenting liability coverage for injury to persons
				arising out of the use of an amusement ride or attraction, in an amount not
				less than that specified by W. Va. Code §
									21-10-12.
6.2. The Commissioner may, at his or her
				discretion, require the owner of the amusement ride or attraction to submit the
				complete insurance policy or contract.
6.3. An owner shall ensure that the insurance
				policy is issued by a carrier licensed or approved to transact business by the
				WV Offices of the Insurance Commissioner.
6.4. The Commissioner shall not accept any
				policy of insurance unless it obligates the insurer to give written notice to
				the Commissioner at least 30 days before any proposed cancellation, suspension
				or non-renewal of the policy.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-7 - Inspection of the Amusement Ride or Attraction Required; Conflict of Interest; Issuance of a Permit to Operate

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commissioner shall provide written
				authorization to an inspector, a special inspector or a limited specialty
				inspector for the inspection of amusement rides or attractions.
7.1.a. The Commissioner shall include the
				date on which the inspector, the special inspector or the limited specialty
				inspector is authorized to conduct the inspection.
7.1.b. The Commissioner shall identify the
				specific amusement rides or attractions that the inspector, the special
				inspector or the limited specialty inspector is authorized to
				inspect.
7.1.c. If there are any
				changes to the Commissioner's written authorization, the inspector, the special
				inspector or the limited specialty inspector shall notify the Commissioner of
				the changes prior to the completion of the inspection.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-8 - Qualifications of Inspectors

Current through Register Vol. XLI, No. 28, July 12, 2024
An inspector shall meet the same qualifications as those of a
				  special inspector or a limited specialty inspector as set forth in sections 9
				  and 10 of this rule and as appropriate for the amusement ride or amusement
				  attraction device being inspected.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-9 - Qualifications for the Certification of Special Inspectors; Renewal of Special Inspector Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A person applying for certification as a
				special inspector shall make application annually on a form provided by the
				Commissioner.
9.2. An applicant for
				certification as a special inspector shall submit evidence of the following
				with the application:
9.2.a. Documentation of
				a current NAARSO Level 1 Certification; or
9.2.b. Documentation of education, training
				and experience that is the equivalent of a NAARSO Level 1 Certification and
				documentation that he or she has successfully passed an examination that is
				substantially equivalent to a NAARSO examination; and
9.2.c. Evidence of insurance against errors
				and omissions in an amount of not less than $100,000.00 per occurrence, issued
				by one or more insurers licensed to transact insurance in West Virginia or
				approved as a non-admitted surplus lines carrier for risks located in this
				State.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-10 - Qualifications for the Certification of Limited Specialty Inspectors; Renewal of Limited Specialty Inspector Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A person applying for certification as
				a limited specialty inspector shall make application annually on a form
				provided by the Commissioner.
10.2.
				An applicant for certification as a limited specialty inspector shall submit
				evidence of the following with the application:
10.2.a. Documentation of a current NAARSO
				Limited Specialty Certification; or
10.2.b. Documentation of education, training
				and experience that is the equivalent of a NAARSO Limited Specialty
				Certification and documentation that he or she has successfully passed an
				examination that is substantially equivalent to a NAARSO examination;
				and
10.2.c. Evidence of insurance
				against errors and omissions in an amount of not less than $100,000.00 per
				occurrence, issued by one or more insurers licensed to transact insurance in
				West Virginia or approved as a non-admitted surplus lines carrier for risks
				located in this State.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-11 - Privileges and Responsibilities of an Inspector, Special Inspector, or a Limited Specialty Inspector

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				An inspector, special inspector or limited specialty inspector who has been
				issued a certificate of competency by the Commissioner shall have the authority
				and responsibility to:
11.1.a. When
				authorized by the Division, conduct inspections of amusement rides and
				amusement attractions as required in section 7 of this rule;
11.1.b. Complete inspection reports and
				submit them to the Division by mail or email within 7 days of the
				inspection;
11.1.c. Comply with the
				Division's written or verbal authorization to inspect specific amusement rides
				and amusement attractions on the specified date;
11.1.d. If the inspection cannot be conducted
				on the authorized date, or if there is any other change to the Division's
				inspection authorization, notify the Division within 24 hours of the
				change;
11.1.e. Comply with the
				applicable ASTM standards when conducting an inspection of an amusement ride or
				amusement device; and
11.1.f. If
				the amusement ride or amusement device complies with the applicable ASTM
				standards, personally affix the permit to operate on each compliant amusement
				ride or amusement device.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-12 - Suspension or Revocation of Certificate of Competency

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Commissioner shall have the
				authority to suspend or revoke a certificate of competency for good cause,
				including, but not limited to, the following:
12.1.a. taking unfair advantage of an owner
				of an amusement ride or amusement attraction;
12.1.b. failure to use adequate testing
				equipment;
12.1.c. failure to
				inspect amusement rides and amusement attractions in compliance with the
				applicable ASTM standards;
12.1.d.
				failure to personally affix a permit to operate on a compliant amusement ride
				or amusement attraction;
12.1.e.
				submission of falsified reports, documents or information to the Commissioner;
				or
12.1.f. failure to comply with
				the requirements of the Act or this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-13 - Information Required at the Immediate Site of Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the requirements of ASTM International F 1193
				  - 06, "Standard Specification for Quality, Manufacture and Construction of
				  Amusement Rides and Devices," a qualified person shall have emergency telephone
				  numbers on file and immediately available at the site of
				  operation.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-14 - Amusement Ride Assembly, Set Up, Disassembly and Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
The following requirements are in addition to the
				  requirements of ASTM International F770-11, "Standard Practice for Ownership,
				  Operation, Maintenance and Inspection of Amusement Rides and Devices:"
14.1. An owner, operator or agent shall
				document his or her own training and experience and each qualified person's
				training and experience as set forth in Section 4 of ASTM International
				F770-11, and shall provide this documentation to the Commissioner upon
				request.
14.2. A qualified person
				shall assemble, set up and disassemble each amusement ride or
				attraction.
14.3. At all times
				during the operation of an amusement ride or attraction, an owner, agent or
				operator shall have the number of qualified persons present at the immediate
				site of operation as required or recommended by the manufacturer and shall
				always have at least 1 qualified person present per amusement ride or
				attraction at all times during the operation of the ride or
				attraction.
14.4. A qualified
				person shall remain at the controls at all times during the operation of an
				amusement ride or attraction.
14.5.
				An operator assistant shall remain at his or her assigned station at all times
				during the operation of the amusement ride or attraction.
14.6. Upon request from a passenger, a
				qualified person shall halt an amusement ride or attraction and allow the
				passenger to disembark.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-15 - Inflatable Amusement Device or Air-Supported Structure Assembly and Set Up

Current through Register Vol. XLI, No. 28, July 12, 2024
In addition to the requirements of ASTM International F 2374
				  - 10, "Standard Practice for Design, Manufacture, Operation, and Maintenance of
				  Inflatable Amusement Devices," an owner, operator or agent who rents or leases
				  an inflatable amusement device or air-supported structure to an individual or
				  an organization shall ensure that a qualified person assembles, and sets up
				  each device or structure at the immediate site of operation, and clearly
				  explains and provides written information for the safe operation and
				  disassembly of the device or structure.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-16 - Operational Testing

Current through Register Vol. XLI, No. 28, July 12, 2024
The following requirements are in addition to the
				  requirements of ASTM International F 770-11, "Standard Practice for Ownership,
				  Operation, Maintenance and Inspection of Amusement Rides and Devices:"
16.1. The owner, operator, or agent of an
				amusement ride or attraction may be required to perform an NDT of any hidden
				shaft in an amusement ride or attraction upon receipt of a written notice from
				the Commissioner.
16.1.a. The Commissioner's
				written notice shall state a date by which the NDT must be completed.
16.1.b. The owner, operator or agent shall
				provide proof of the required NDT testing to the Commissioner, the special
				inspector, or a limited special inspector.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-17 - Unscheduled Cessation of Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Following any unscheduled cessation of
				operation, the qualified person of the amusement ride or attraction shall
				immediately have the passengers safely unloaded from the ride or
				attraction.
17.2. If the qualified
				person determines that the amusement ride or attraction can safely resume
				operation, the qualified person shall first operate the ride or attraction
				without passengers to ensure that the cause of the unscheduled cessation of
				operation has been corrected.
17.3.
				The qualified person shall document any unscheduled cessation of operation,
				including the identification of the ride or attraction, the name of the
				operator or operator's assistant operating the ride or attraction during the
				unscheduled cessation, and a complete description of the incident, including
				the date, time, weather conditions, location, ride speeds, number of
				passengers, etc.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-18 - Imminent Danger

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. If
				the Commissioner determines that an amusement ride or attraction presents an
				imminent danger, he or she shall immediately give written notification to the
				amusement ride or attraction owner, operator or agent, and the event sponsor,
				if applicable, advising them that the amusement ride or attraction shall be
				immediately removed from service.
18.2. If the qualified person does not
				immediately remove the amusement ride or attraction from service, the
				Commissioner may seek a temporary or permanent restraining order or injunction
				to prohibit the continuing operation of the ride or attraction.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-19 - Serious Injury or Fatality

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1.
				If a member of the general public is involved in an amusement ride or
				attraction accident that results in a serious injury or a fatality, the
				qualified person shall immediately shut down the ride or attraction and secure
				the safety of other passengers or patrons and the general public.
19.2. A qualified person shall ensure that
				the scene of a serious injury or fatality is left intact from the time of the
				accident and shall ensure that the amusement ride or device involved is not
				removed from the scene of the accident without written authorization from the
				Commissioner or a law enforcement officer.
19.3. The qualified person who witnessed the
				accident or who operated the amusement ride or attraction when the accident
				occurred shall be available to be interviewed by the Commissioner.
19.4. The owner, operator or agent of the
				amusement ride or attraction shall make a verbal report of the serious injury
				or fatality to the Commissioner within 24 hours of its occurrence.
19.5. The qualified person shall document the
				serious injury or fatality, to include the full name, address and telephone
				number of the injured person, a description of the injuries, identification of
				the amusement ride or attraction involved, the names and addresses of the
				owner, operator or operator's assistant, qualified person, or agent, and any
				other pertinent information describing the events leading up to the
				accident.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-20 - Reports and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1. The
				owner of the amusement ride or attraction shall retain all reports, documents,
				photographs and records required by sections 17 or 19 of this rule for not less
				than 7 years from the date of the unscheduled cessation or serious injury or
				fatality.
20.2. If an owner or
				operator violates any provision of this section of the rule, the Commissioner
				may permanently revoke the permit to operate.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-17 - Amusement Rides and Amusement Attractions Safety Act › Section 42-17-21 - Miscellaneous Safety Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A qualified person shall not permit a
				ride or attraction operator or assistant who is, or who reasonably appears to
				be, under the influence of alcohol or a controlled substance, to operate or
				assist in the operation of the amusement ride or amusement
				attraction.
21.2. An amusement ride
				or amusement attraction operator or assistant who is under a doctor's care and
				who is taking a prescribed medication that could affect his or her ability to
				safely operate the ride or attraction shall immediately report this information
				to the qualified person.
21.3. When
				requested by a passenger, an amusement ride or amusement attraction operator or
				assistant shall immediately halt the amusement ride or amusement attraction and
				allow the passenger to disembark.
21.4. Use of automotive equipment or other
				transportation devices for anchoring an amusement ride or amusement attraction
				while the amusement ride or amusement attraction is in operation:
21.4.a. If the amusement ride or amusement
				attraction was not designed by the manufacturer to be anchored with automotive
				equipment or other transportation devices, the use of such equipment or devices
				is prohibited.
21.4.b. If the
				amusement ride or amusement attraction was designed by the manufacturer to be
				anchored with automotive equipment or other transportation devices, the
				qualified person shall obtain prior approval from the Commissioner for the use
				of such equipment or devices and ensure that the following precautions are used
				at all times while the ride or attraction is in operation:
21.4.b.1. All vehicle batteries shall be
				disconnected and removed from the vehicle;
21.4.b.2. A steering wheel locking device
				such as a club shall be placed on the vehicle's steering wheel and shall remain
				in the locked position;
21.4.b.3.
				Vehicles shall remain locked and all keys, including the key to the steering
				wheel locking device, shall be stored in a locked box in a secure location away
				from the vehicle;
21.4.b.4. There
				shall be a sign placed in the vehicle window that states "Do Not Move Vehicle
				Until The [name of the amusement ride or amusement device] Is No Longer In
				Operation And Has Been Unattached;"
21.4.b.5. All vehicle wheels shall be
				chocked; and
21.4.b.6. The
				manufacturer's recommendations for anchoring the amusement ride or amusement
				device shall be followed at all times.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule governs
				the West Virginia Board of Manufactured Housing Construction and Safety's
				regular meetings, special meetings, and emergency meetings, establishes
				procedures for disciplinary hearings conducted by the Board, and establishes
				procedures for an appeal by any person adversely affected by a decision of the
				Board.
1.2. Authority. -- W. Va.
				Code §
									21-9-4 and §
									29A-5-1
et seq
.
1.3. Filing Date. -- May 2, 2023.
1.4. Effective Date. -- June 5,
				2023.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This procedural rule applies to the Board, to the Board's
				licensees, to any person desiring to attend a Board meeting or to address the
				Board, and to any person adversely affected by a decision of the
				Board.
2.2. Enforcement. -- The
				enforcement of this rule is vested in the Board and the Division of Labor as
				authorized by the Board.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-4 - Board Organization; How Meetings are Conducted; Conflict of Interest

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Board members shall be appointed by the
				Governor and serve as provided by W. Va. Code §
									21-9-3.
4.2. The Commissioner shall serve as the
				Board's permanent Chair.
4.3. The
				Chair shall have the same rights and privileges as other Board
				members.
4.4. The Chair shall
				preserve order and conduct all proceedings according to accepted parliamentary
				procedure.
4.5. Board members may
				participate in regular, special, or emergency meetings by telephone or other
				electronic means that permit voice or video identification of the
				member.
4.6. The Chair may appoint
				ad hoc subcommittees as needed from the Board's members.
4.7. The Chair shall sign his or her name to
				the Board's official papers and actions.
4.8. A Board member may not participate in
				any matter pending before the Board in which he or she, or a member of his or
				her immediate family, is or was, either a director, officer, owner, partner,
				employee, member, or stockholder at any time in the preceding 12 months in any
				activity regulated by the Board.
4.8.1. When a
				Board member has a conflict of interest, he or she shall disqualify or recuse
				himself or herself from any participation in the matter, including all
				discussion and votes.
4.8.2. A
				record of the Board member's disqualification or recusal shall be noted in the
				meeting minutes.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-5 - Regular Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Board
				shall commence all regular meetings at 10:00 a.m. unless the time is otherwise
				changed by a majority vote of the Board.
5.2. All regular meetings shall be conducted
				in the Division's offices unless changed by a majority vote of the
				Board.
5.3. The Commissioner shall
				notify Board members of meeting dates and agenda items at least five days prior
				to regular meetings.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-6 - Special Meetings; Emergency Meetings

Current through Register Vol. XLI, No. 28, July 12, 2024
The Board may convene special meetings or emergency meetings
				  when called by the Chair or upon the written request of three Board
				  members.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-7 - Open Meetings; Notice of the Meeting; Agenda

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				All Board meetings shall be open to the public, except for executive sessions
				as permitted by W. Va. Code §
									6-9A-4 of the Open Governmental Proceedings
				Act.
7.2. Any person who desires to
				address the Board during a meeting may do so provided that the person registers
				his or her intent to address the Board at least 15 minutes prior to the time
				the meeting is scheduled to commence.
7.3. The Chair, in his or her sole
				discretion, may cause a person to be removed from a meeting who is disruptive
				or otherwise interferes with the orderly conduct of the meeting.
7.4. Except in the event of an emergency
				meeting requiring immediate official action, the Board shall electronically
				file a notice of every regular or special meeting with the Secretary of State
				for publication at least five days prior to the date of the meeting as required
				by W. Va. Code §
									6-9A-3(e). Each notice shall state the time, place, and
				purpose of the meeting.
7.5. The
				Division shall post the agenda of a regular or special meeting on the
				Division's website at least five days before the meeting.
7.6. In the event of an emergency meeting
				requiring immediate official action, as required by W. Va. Code
				§
									6-9A-3(h), the Board shall electronically file a notice with the
				Secretary of State as soon as practicable prior to the meeting, provided that
				all Board members have been notified of the meeting by email or by telephone at
				least 24 hours in advance of the time scheduled for the commencement of the
				meeting. The notice filed with the Secretary of State shall state the time,
				place, and purpose of the meeting, and the facts and circumstances of the
				emergency.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-8 - Quorum; Board Actions by Majority Vote Required; Vote By Proxy Prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. A majority of the Board members
				constitutes a quorum.
8.2. A
				majority vote of Board members present at a meeting constitutes an official
				Board action, provided a quorum is present.
8.3. Absent Board members may not be
				permitted to vote by proxy.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-9 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The Board shall provide for the
				preparation of written minutes of all its meeting.
9.2. The minutes shall include the following
				information:
9.2.1. The date, time, and place
				of the meeting;
9.2.2. The name of
				each Board member present and absent;
9.2.3. All motions, proposals, resolutions,
				and orders, the name of the Board member proposing and seconding the same, and
				their disposition;
9.2.4. The name
				of any Board member who disqualifies or recuses himself or herself from
				participation in a matter before the Board due to a conflict of interest;
				and
9.2.5. The results of all
				votes, and, upon the request of a Board member, the vote of each member, by
				name.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-18 - Board Organization And meeting procedure; hearing procedure › Section 42-18-10 - Notices of Hearing; Service of Notices of Hearing; Cease and Desist Order Hearings; Disciplinary Hearings; Contested Case Hearings; Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The Board shall hold a hearing during
				its regularly scheduled meeting, or during a special or an emergency meeting,
				on all cease and desist orders issued, shall vote on whether to affirm or
				rescind the cease and desist order, and shall vote on the amount of the penalty
				to be imposed, if any.
10.1.1. The Board shall
				issue a written notice of hearing to each person who has been issued a cease
				and desist order at least 10 days prior to the date of the hearing.
10.1.2. The Board shall cause the notice of
				hearing to be served by email, by certified mail, return receipt requested, or
				by personal service.
10.1.3. A
				person who has been issued a cease and desist order has a right to attend the
				hearing in person, to be represented by an attorney at law licensed to practice
				in West Virginia, or to submit a written response to the Board for its
				consideration, and may offer testimony and submit relevant factual
				information.
10.1.4. Provided that
				the person to whom a cease and desist order has been issued receives proper
				notice of the hearing, the person's failure to attend the hearing shall not
				preclude the Board from taking action on the cease and desist order.
10.1.5. After a hearing on a cease and desist
				order, the Board may issue a reprimand or assess a monetary penalty.
10.1.6. In considering whether to assess a
				monetary penalty and the amount of the penalty, the Board may consider whether
				a person has been previously issued a cease and desist order, whether the cease
				and desist order was issued based on a complaint from a consumer, or any other
				facts and circumstances that the Board considers relevant.
10.1.7. The Board shall issue a written order
				setting forth its decision on the cease and desist order.
10.1.8. Within 30 days of receipt of the
				Board's order, any person adversely affected by the Board's order may appeal
				the order to the Intermediate Court of Appeals as provided in W. Va. Code
				§
										51-11-1
et seq
.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule governs
				all matters arising pursuant to the Board of Manufactured Housing Construction
				and Safety's statutory authority and as a State Administrative Agency under the
				National Manufactured Housing Construction and Safety Standards Act of 1974,  42 U.S.C. §
										5401
et seq
.
1.2. Authority. -- W. Va. Code
				§
									21-9-4.
1.3. Filing Date. --
				March 31, 2023.
1.4. Effective
				Date. -- May 1, 2023.
1.5. Sunset
				Date. -- This rule shall terminate and have no further force or effect on
				August 1, 2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This legislative rule applies to the Board and to all persons,
				materials, and transactions governed by or otherwise within the jurisdiction of
				the Board.
2.2. Enforcement. -- The
				enforcement of this legislative rule is vested in the Board and the Division of
				Labor as authorized by the Board.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-4 - Licensure of Manufacturers

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. No person
				may engage in the business of a manufacturer in this state without a license.
				Each manufacturer who desires to engage in business in this state shall apply
				to the Board for a license. A manufacturer shall maintain one license for each
				business location in this state. A manufacturer who maintains all of its
				business locations out of this state, but who ships, imports, or delivers
				manufactured homes into this state, and is considered to be engaged in business
				in this state, shall maintain one license for each out-of-state business
				location which will ship, import, or deliver manufactured homes into this
				state.
4.2. A manufacturer's
				license is valid for up to one year and expires on June 30 of each year, unless
				sooner revoked or suspended by the Board.
4.3. Any manufacturer who desires to be
				licensed shall submit an initial application on forms supplied by the Board.
				Each application shall be accompanied by a fee of $750 for each business
				location the manufacturer desires to license and shall contain all information
				required by the Board, including, but not limited to:
4.3.1. The legal and trade name of the
				manufacturer;
4.3.2. The address of
				each business location the manufacturer desires to license;
4.3.3. The phone number of each business
				location the manufacturer desires to license;
4.3.4. The names and addresses of the owners,
				officers, and directors of the manufacturer;
4.3.5. Evidence of the manufacturer's legal
				authority to engage in business in this state;
4.3.6. Proof of payment to the Recovery Fund
				as specified in section 15 of this rule;
4.3.7. A notarized affidavit stating
				compliance with all applicable federal standards, provisions of the Act, and
				rules of the Board signed by a responsible officer or person with full legal
				authority to bind the applicant to its terms;
4.3.8. The name of the DAPIA or DAPIAs who
				inspect the manufacturer;
4.3.9.
				The name of the IPIA or IPIAs who inspect the manufacturer;
4.3.10. A copy of all DAPIA-approved
				manufactured home designs currently in use;
4.3.11. A copy of all DAPIA-approved quality
				assurance programs currently in use;
4.3.12. A copy of all manufacturing plant
				certification reports issued by an IPIA in the past 12 months; and
4.3.13. A list of the names of all dealers
				and/or distributors in this state that are authorized to receive the
				manufacturer's product line.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-5 - Licensure of Dealers and Distributors

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				No person may engage in the business of a dealer and/or distributor in this
				state without a license. Each dealer and/or distributor who desires to engage
				in business in this state shall apply to the Board for a license. A dealer
				and/or distributor shall maintain one license for each business location in
				this state it operates.
5.2. A
				dealer's and/or distributor's license is valid for up to one year and expires
				on June 30 of each year, unless sooner revoked or suspended by the
				Board.
5.3. Any dealer and/or
				distributor who desires to be licensed shall submit an initial application on
				forms supplied by the Board. Each application shall be accompanied by a fee of
				$250 for each business location the dealer and/or distributor desires to
				license and shall contain all information required by the Board, including, but
				not limited to:
5.3.1. The legal and trade
				name of the dealer and/or distributor;
5.3.2. The address of each business location
				the dealer and/or distributor desires to license;
5.3.3. The phone number of each business
				location the dealer and/or distributor desires to license;
5.3.4. The names and addresses of the owners,
				officers, and directors of the dealer and/or distributor;
5.3.5. Evidence of the dealer's and/or
				distributor's legal authority to engage in business in this state;
5.3.6. Proof of payment to the Recovery Fund
				as specified in section 15 of this rule;
5.3.7. A notarized affidavit stating
				compliance with all applicable federal standards, provisions of the Act, and
				rules of the Board signed by a responsible officer or person with full legal
				authority to bind the applicant to its terms;
5.3.8. The list of the names of all
				manufacturers in or out of this state whose product line the dealer and/or
				distributor is authorized to receive; and
5.3.9. A list of the names of all
				salespersons employed by the dealer and/or distributor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-5A - Initial Training and Continuing Education for Dealers and/or Distributors; Proof of Attendance

Current through Register Vol. XLI, No. 28, July 12, 2024
5A.1. Each
				dealer and/or distributor that performs any aspect of installation shall attend
				a HUD-approved initial training course as required by  24 C.F.R. §
										3286.803(b)(2)  and obtain proof of attendance.
5A.2. Eight hours of HUD-approved continuing
				education shall be required for dealer and/or distributor licensure renewal
				every three years, or less, if determined necessary by the Board.
5A.3. Each dealer and/or distributor shall
				submit proof of attendance to the Board prior to a license being issued or
				renewed. The proof of attendance shall have been acquired within the preceding
				24-month period from the date of application.
5A.4. Each dealer and/or distributor shall
				pay a fee directly to the entity providing the training course or continuing
				education class.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-6 - Licensure of Contractors/Installers and Transporter-Only Contractors

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No person may engage in the business of
				a contractor in this state without a license. Each contractor who desires to
				engage in business in this state shall apply to the Board for a license. A
				contractor is required to maintain only one license. A contractor whose
				principal office or place of business is out of this state, but who desires to
				perform contractor services in this state, shall maintain a license.
6.2. A contractor's license is valid for up
				to one year and expires on June 30 of each year, unless sooner revoked or
				suspended by the Board.
6.3. Any
				contractor who desires to be licensed shall submit an initial application on
				forms supplied by the Board. Each application shall be accompanied by a fee of
				$125 and shall contain all information required by the Board, including, but
				not limited to:
6.3.1. The legal and trade
				name of the contractor;
6.3.2. The
				address of the contractor;
6.3.3.
				The phone number of the contractor;
6.3.4. The names and addresses of the owners,
				officers, and directors of the contractor;
6.3.5. Evidence of the contractor's legal
				authority to engage in business in this state, including compliance with the
				West Virginia Contractor Licensing Act, W. Va. Code §
										30-42-1
et
				seq
.;
6.3.6. Proof of
				payment to the Recovery Fund as specified in section 15 of this rule;
				and
6.3.7. A notarized affidavit
				stating compliance with all applicable federal standards, provisions of the
				Act, and rules of the Board signed by a responsible officer or person with full
				legal authority to bind the applicant to its terms.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-6A - Initial Training and Continuing Education for Contractors/Installers; Proof of Attendance

Current through Register Vol. XLI, No. 28, July 12, 2024
6A.1. Each
				contractor or installer that performs any aspect of installation shall attend
				an initial training course as required by  24 C.F.R. §
										3286.803(b)(2)  and
				obtain proof of attendance.
6A.2.
				Eight hours of HUD-approved continuing education shall be required for renewal
				every three years, or less, if determined necessary by the Board.
6A.3. Each contractor or installer shall
				submit proof of attendance to the Board prior to a license being issued or
				renewed. The proof of attendance shall have been acquired within the preceding
				24-month period from the date of application.
6A.4. Each contractor or installer shall pay
				a fee directly to the entity providing the training course or continuing
				education class.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-7 - Adoption of Federal Standards; Designation by HUD as an SAA

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. No person may manufacture, ship, import,
				deliver, distribute, sell, lease, or install a manufactured home in this state
				that violates any applicable federal standard or provision of the Act or rules
				of the Board.
7.2. The following
				federal standards are incorporated in this rule in their entirety by reference:
7.2.1. "Manufactured Home Construction and
				Safety Standards,"  24 C.F.R. Part 3280 ;
7.2.2. "Manufactured Home Procedural and
				Enforcement Regulations,"  24 C.F.R. Part 3282 ;
7.2.3. "Model Manufactured Home Installation
				Standards,"  24 C.F.R. Part 3285 ;
7.2.4. "Manufactured Home Installation
				Program,"  24 C.F.R. Part 3286 ; and
7.2.5. "Manufactured Home Dispute Resolution
				Program,"  24 C.F.R. Part 3288 .
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-8 - Business Location Inspections; Private Home Inspections; DAPIAs; IPIAs

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Board may enter any business
				location of a manufacturer, dealer, distributor, or contractor engaged in
				business in this state to inspect or otherwise determine compliance with the
				federal standards, the Act, and rules of the Board.
8.1.1. During a business location inspection,
				the Board may inspect and copy all records maintained by the manufacturer,
				dealer, distributor, or contractor pursuant to the federal standards, the Act,
				and rules of the Board.
8.1.2. A
				business location inspection may occur, announced or unannounced, at any time
				between 8:00 a.m. and 5:00 p.m., Monday through Friday, or at other reasonable
				times considered necessary by the Board.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-9 - Labeling, Recordkeeping, and Required Quarterly Reports

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The HUD certification label affixed to
				each transportable section of a manufactured home for sale or lease in the
				United States is the only label required by the Board. No manufactured home
				shall be shipped, imported, delivered, distributed, sold, leased, or installed
				into or in this state without a HUD certification label.
9.2. The HUD data plate affixed to each
				manufactured home for sale or lease in the United States is the only data plate
				required by the Board. No manufactured home shall be shipped, imported,
				delivered, distributed, sold, leased, or installed into or in this state
				without a HUD data plate.
9.3. No
				person may remove a HUD certification label or HUD data plate from a
				manufactured home.
9.4. Each
				licensed manufacturer shall maintain records of the following for each
				manufactured home manufactured in this state, or shipped, imported, or
				delivered to a dealer, distributor, purchaser, or other person in this state:
9.4.1. The information contained on the HUD
				data plate;
9.4.2. The date the HUD
				certification label was affixed to the manufactured home; and
9.4.3. The name and address of the dealer,
				distributor, purchaser, or other person to whom the manufactured home was first
				shipped, imported, or delivered by the manufacturer.