reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-01 - State Home For Veterans › Section 86-1-10 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Fire drills will be held at least once each calendar month, under the direction of the Veterans Home Safety Officer.
10.2. The Administrator or his/her designee will arrange for nondenominational church services to be held each Sunday. Hours of the service will be announced.
10.3. The loan of money by officers, employees or residents of the Home will not be permitted, whether or not interest is charged.
10.4. The Veterans Home Administrator shall designate the person and place for safekeeping of resident valuables. There shall be no charge for this service and no loss should ever be sustained by any resident whose valuables have been so deposited. All valuables thus retained will be recorded and a deposit ticket reflecting the items given to said resident.
10.5. The Registrar regulates the housing in the West Virginia Veterans Home in Barboursville.
10.6. The West Virginia Veterans Home in Barboursville, 512 Water Street, Barboursville, West Virginia 25504 is the official address of the home.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-01 - State Home For Veterans › Section 86-1-11 - Report of Administrator to Division of Veterans Affairs

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Administrator of the Veterans Home shall submit to the Director of the Division of Veterans Affairs, a monthly report of all disbursements by the Home and of other matters pertaining to the general operations of the Home as required by the Director of the Division of Veterans Affairs.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-01 - State Home For Veterans › Section 86-1-12 - Administrator May Accept Gifts, Donations or Bequests

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Veterans Home Administrator or his/her designee, for and in behalf of the Veterans Home, is hereby authorized to accept or receive any donations, gifts or bequests offered or tendered to, or for the benefit of the Veterans Home. All such monies received or accepted shall be used for the specific purposes for which they were given or donated. This authority shall apply and be retroactive to any or all gifts, donations or bequests heretofore tendered, offered or made.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-02 - State Home For Veterans-Fiscal › Section 86-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule governs the funding
						matters related to the State Home for Veterans of Barboursville, West
						Virginia.
1.2. Authority. -- W. Va.
						Code '9A-2-3.
1.3. Filing Date. -- April 22,
						1996.
1.4. Effective Date. -- April
						22, 1996.
1.5. This rule repeals
						and replaces the Division of Veterans Affairs Rule, State Home for Veterans
						86CSR2.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-02 - State Home For Veterans-Fiscal › Section 86-2-2 - Federal Aid Accepted For Veterans Home

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
						The Veterans Home shall meet the federal standard for domiciliary care as
						prescribed by 38 USC
						641.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-02 - State Home For Veterans-Fiscal › Section 86-2-3 - Veterans Home Operating Fund, Consolidated Federal Funds Veterans Home Fund - Moneys For The Maintenance Of The Veterans Home to Be Deposited With State Treasurer

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The State
						Treasurer shall receive money which may become payable to this State by the
						United States Department of Veterans Affairs provided through per diem payments
						and grants. The Treasurer shall deposit the money to the credit of the
						Consolidated Federal Funds Veterans Home Fund for the use and benefit of the
						Veterans Home.
3.2. The Director of
						Veterans Affairs and the Administrator of the Veterans Home shall establish
						accounts and funds control as are required by state statutes to receive and
						disburse moneys applicable to the veterans home, including, but not limited to
						the following Special Revenue Accounts.
(1)
						The Consolidated Federal Funds Veterans Home Fund -- This fund shall consist
						of:
(a) Moneys recovered from the federal
						government through the grant program for renovation and construction;
						and,
(b) Per diem payments received
						from the federal government for daily care of veterans.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-02 - State Home For Veterans-Fiscal › Section 86-2-4 - Contribution For Residents Of Home. - Creation of Special Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Each resident of the Veterans Home shall
						pay a monthly residents fee to the home. The fee shall be based on a resident's
						monthly income. The resident's fee shall be 50% of his or her monthly income
						provided that the residents contribution shall not exceed the cost of the
						residents care. For the purposes of this section the term "monthly income"
						includes monthly income from all sources including, but not limited to, social
						security benefits, retirement benefits, veterans benefits, etc. The Veterans
						Home Administrator and the Administrative Committee may from time to time,
						recommend that the Division Director propose amendments to this section setting
						forth the residents fee. The Administrator or his or her designee shall collect
						the residents fee monthly.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-03 - Procedural Rules And Regulations For The operation Of The WV Division Of Veterans Affairs › Section 86-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These regulations establish the general rules, regulations and procedures of the Division of Veterans Affairs and all its sub-elements.
1.2. Authority. -- W. Va. Code '9A-1-10.
1.3. Filing Date. -- February 20, 1992.
1.4. Effective Date. -- March 22, 1992.
1.5. All veterans who have served in the armed forces of the Unites States -- in the Army, Air Force, Navy, Marine Corps, or Coast Guard -- as defined by the United States, and whose separation therefrom has been other than dishonorable, and their widows, dependents or orphans who are, or have become, citizens and residents of this state, shall be entitled to and shall receive, the aid, assistance, counsel, and advice of this division with respect to their rights and interests under the laws of the United States, this state, or any other state, as provided by Chapter 9-A, 109, Code of West Virginia.
1.6. There shall not be any distinction between persons of any race, creed, color, sex, or political affiliation, in the administration of this law and these rules and regulations.
1.7. No member of this division shall engage in the practice of law in connection with any claim. The Director shall call upon the State Attorney General, or the respective County Prosecuting Attorney, for such legal services as may be required to effect the purpose of this law.
1.8. The Director, the Veterans Affairs Chief, and such assistants as may be designated by the Director, who are full-time employees of this agency, shall have the right to be appointed by any veteran, spouse of veteran and survivors, as defined by Article 9A-1-1, to act as the claimants representative under the terms and conditions required by the laws of the United States, the rules of any federal agency, the laws of this state, or any other state, in connection with the claim, or claims filed by such persons.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-03 - Procedural Rules And Regulations For The operation Of The WV Division Of Veterans Affairs › Section 86-3-2 - Duties of the Director

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Director shall be the Executive Secretary of the Veterans Council of the Division of Veterans Affairs, and, as such, shall arrange for all council meetings, recommending time and place, and shall be the custodian of all official records of the council.
2.2. The Veterans Council shall be the governing body of the Division of Veterans Affairs, and, as such, formulate and promulgate all policies of the division. The Director is responsible to the Council for carrying out all policies formulated by said Council.
2.3. The Director is charged with the administrative responsibility for all budget and fiscal matters of the division, and is required to furnish to the Veterans Council reports and recommendations as necessary which deal with appropriations and expenditures.
2.4. The Director will recommend to the Veterans Council for their consideration any changes in these rules and regulations deemed appropriate to the division and to the veterans it serves for approval prior to implementation.
2.5. It is the responsibility of the Director to see that all employees of the Division render service of the highest quality to the veterans, dependents or survivors of the State of West Virginia and that all personnel have the ability, knowledge and fitness to efficiently, impartially, and with understanding effectuate the purpose of this regulation. The Director shall be responsible for proper training of employees and shall hold refresher courses for such employees as deemed necessary.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-03 - Procedural Rules And Regulations For The operation Of The WV Division Of Veterans Affairs › Section 86-3-3 - Employment Policies

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All employees except the Director and Administrator of the Barboursville Veterans Home will be employed in accordance with State Division of Personnel rules and regulations.
3.2. No appointing authority shall influence or attempt to influence the employment or working conditions of his/her relatives. It shall be the responsibility of the appointing authority to administer the employment of relatives of any agency employee in a consistent and impartial manner. No employee shall directly supervise a relative. More specifically, no employee shall review or audit the work of a relative, take part in discussions concerning employment, assignment, compensation, discipline or related matters involving a relative. In the event that an individual, through marriage, adoption, etc. is placed in a prohibited business relationship with a relative, the situation must be resolved within thirty (30) calendar days. Resolution may be made by transfer, reassignment, resignation, dismissal, etc. of one of the involved employees.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-03 - Procedural Rules And Regulations For The operation Of The WV Division Of Veterans Affairs › Section 86-3-5 - Office Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In order to comply with administrative regulations of the State of West Virginia and to expedite the handling of veterans claims in a manner consistent with the responsibility with which we are charged, all personnel will comply with the uniform procedures as set forth in Division Office Procedures.
Future changes in office procedures necessary to adjust to constantly changing procedures of federal and state government will not constitute a change in these Division Regulations.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-04 - VA Headstones Or Markers › Section 86-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- To establish guidelines for the administration of funds and payment for veteran headstones or markers.
1.2. Authority. -- W. Va. Code §
									29-22A-10.
1.3. Filing Date. -- April 27, 2005.
1.4. Effective Date. -- April 28, 2005.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-04 - VA Headstones Or Markers › Section 86-4-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Agency Application Form" means form prepared by the WV Division of Veterans Affairs for use in determining eligibility for said funds.
2.2. "Applicant" means a person who submits an application for financial assistance in setting of US Department of Veterans Affairs grave marker.
2.3. "Designated Agency" means an agency, department, division or office of state or local government, or a program supported by state funds, which is designated to provide financial assistance.
2.4. "Indigent Widow/Next of Kin" means survivor responsible for setting US Department of Veterans Affairs furnished headstone or marker and whose income is within the US federal poverty levels.
2.5. "Means Test and Geographic-based Means Test Threshold" means the threshold established by the Department of Veterans Affairs, Veterans Health Administration, and used to qualify applicants for headstones or markers. This information is published annually on their website at
http://www1.va.gov/vhapublications
				/publications.cfm?Pub=1
, and click on "Means Test." See Appendix 1.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-04 - VA Headstones Or Markers › Section 86-4-3 - Priority in Setting Markers

Current through Register Vol. XLI, No. 28, July 12, 2024
The director of Veterans Affairs shall determine the grave markers that have been in storage at the state's perpetual care cemeteries for the longest period of time and ensure those markers are installed on a priority basis as funding permits.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-04 - VA Headstones Or Markers › Section 86-4-4 - Application Process

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The director of Veterans Affairs shall make application forms available to applicants and shall process completed applications in accordance with a process and eligibility standard implemented by the designated agency. Applications are available by calling Veterans Affairs at (888) 838-2332, or may be obtained at any of the sixteen (16) Regional Offices of Veterans Affairs, or local funeral homes.
4.2. Any family member of a deceased veteran, a licensed funeral home or cemetery may make application, on an application form provided by the director of the Division of Veteran Affairs for an award from the John "Jack" Bennet Fund.
4.3. The award will pay the cost of the installation of the federal veterans' grave marker for an eligible veteran.
4.4. The application shall contain the following information: name of veteran; serial number; date of birth; date of death; enlistment and discharge dates; branch of service and rank; character of discharge; cemetery (name, address, county); grave number (lot, block, section); nearest relative and relative's address; designation of type of headstone, claimant's name, address, social security number; applicant's monthly income information.
4.5. The director shall within ninety (90) days of receipt of a completed application, notify the applicant of the status of the application and the eligibility of the deceased veteran for an award from the John "Jack" Bennet Fund.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-04 - VA Headstones Or Markers › Section 86-4-5 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The eligibility of a deceased veteran to receive a John "Jack" Bennet Fund award shall be based on the following elements:
5.1.1. Period of time the deceased veteran has been buried without having a federal grave marker in place,
5.1.2. Availability of other financial resources for payment of the setting of the federal grave marker, which shall be determined by the Means Test and Geographic-based Means Test Threshold for the calendar year in which the application is made, and
5.1.3. Availability of funds in the John "Jack" Bennet Fund Account.
West Virginia Code of State Rules › Agency 86 - Veterans' Affairs › Title 86 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF VETERANS AFFAIRS › Series 86-04 - VA Headstones Or Markers › Section 86-4-6 - Expenditure of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Awards shall be based on the fund solvency and shall conform to the West Virginia Public Service Commission Rules for the Government of Fees for Installation of United States Department of Veterans Affairs Grave Markers, 150 CSR 28.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the State Fire Code for the safeguarding of life and property
				from the hazards of fire and explosion.
1.2. Authority. -- This legislative rule is
				issued under authority of W. Va. Code §
									15A-11-3.
1.3. Filing Date. -- April 19,
				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. Exemption. -- This State
				Fire Code has no application to personal care homes caring for three or less
				patients or buildings used wholly as dwelling houses for no more than two
				families and has no application to buildings or structures used primarily for
				agricultural purposes including agritourism purposes. Provided; however, that
				farm structures (1) used for group sleeping accommodations for farm workers or
				(2) used for health care, or detention/correctional occupancy are not exempt
				from the requirements of this State Fire Code. All permits and processes
				pertaining to the boilers, including inspections, are exempt from the State
				Fire Code and are under the jurisdiction of the West Virginia Division of
				Labor.
1.7. Incorporation of Other
				Documents. -- This State Fire Code does not include a reprinting of all the
				requirements imposed by statute or by the incorporation of various National
				Standards and Codes cited in section 2 of this rule. For ascertaining these
				additional standards and requirements it is necessary to make reference to
				these other documents. A copy of the relevant standards are listed throughout
				this Rule, and in Appendices A and B, attached to this Rule. The relevant
				standards may be viewed, at no cost, on the National Fire Protection
				Association website at the time of the adoption of this rule.
1.8. Conflicts.
1.8.a. Whenever there is a conflict between
				NFPA 1 and NFPA 101, the requirements of NFPA 101 shall take
				precedence.
1.8.b. Whenever there
				is a conflict between the State Building code and the State Fire Code, the
				State Fire Code shall take precedence.
1.8.c. Whenever there is a conflict between
				the State Fire Code and the NFPA codes, the State Fire Code shall take
				precedence.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-3 - Reporting of Fire Incidents

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The fire chief of any organized public
				fire brigade, department or company shall report every fire and non-fire
				incident to the State Fire Marshal. Every fire and non-fire incident response
				shall be reported within 180 days after the date of the incident. Provided,
				that any fire or explosion involving human fatality, arson or suspected arson
				shall be reported immediately.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-4 - Unvented Heaters

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All
				unvented fuel fired heaters are prohibited for all occupancies except 1 and 2
				family dwellings. Provided, that a single unvented fuel fired heater is
				permitted for demonstration purposes in authorized mercantile applications when
				installed in accordance with the manufacturer's recommendations. The single
				heater shall be connected to a permanent source of fuel and shall not be used
				as a permanent or alternate source of heating. The unvented heater shall be
				shut off at the end of each business day.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-5 - Maintenance of Fire Hazard; Order for Correcting Condition, Removal of Material, Repair, Demolition, etc.; Order to Contain Notice to Comply and Right to Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Whenever the State Fire Marshal, by and through persons working under his or
				her direction, determines based upon the State Fire Code and/or on the
				experience and knowledge applied in the operation of his or her office (1) that
				any building or structure has been constructed, altered, or repaired in a
				manner violating the State Fire Code as promulgated prior to the commencement
				of the construction, alterations, or repairs, or (2) that any building or
				structure is being maintained or used in such a way as to endanger life or
				property from the hazards of fire or explosion, or (3) that any building or
				other structure or property of any kind, which, for want of repairs, or by
				reason of its age, dilapidated, or abandoned condition or for any other reason
				constitutes a fire hazards and is located or constructed so as to constitute a
				danger to other buildings, property, persons, life, or limb, or (4) that in any
				building or upon any premises there is located any combustible, flammable, or
				explosive substance or material or other condition dangerous to the safety of
				persons occupying the building or premises and adjacent premises and property,
				the State Fire Marshal shall order the condition or thing to be corrected, or
				combustible, flammable or explosive, items to be removed, or the building or
				buildings to be repaired, closed to occupants, or removed, as required by the
				circumstances. The order shall be promptly complied with by the owner, agent,
				occupant, and lessee of the premises, place, property, or thing. Any order may
				be expressed in the alternative, e.g., allowing repair but on the failure to
				repair requiring demolition. Any order by the State Fire Marshal which
				concludes that a fire hazard exists, shall state what repairs and/or demolition
				must be accomplished, and that compliance must be completed within thirty (30)
				days of issuance. In the event of noncompliance, the State Fire Marshal is
				authorized by statute to enter into and upon the premises affected by the order
				and cause the building, structure, premises, or thing to be repaired, or torn
				down, materials removed, and all dangerous conditions remedied (as the case may
				be) at the expense of the owner, and shall advise that the order can be
				contested by entering an appeal to the State Fire Commission as outlined in
				section 17 of this rule.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-6 - Interference with Fire Protection Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. No person shall render any portable or
				fixed fire extinguishing system or device or any fire warning system
				inoperative or inaccessible except as may be necessary during emergencies,
				maintenance, drills, or prescribed testing.
6.1.a. Any person responsible for
				maintenance, prescribed testing, or for drill purposes, shall contact the local
				911 center to make them aware of the said activities at the commencement and
				conclusion of the above activities.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-7 - Exit Inspections and Public Life Safety Announcements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Inspection of
				Exits. Not more than 90 minutes prior to the scheduled commencement of any
				noncontinuous activity, event, performance, show, meeting, function, or other
				occasion for which people will gather in a place of assembly, the owner or his
				or her designee pursuant to written authority, instructions, or procedures
				shall inspect every required exit, way of approach to an exit, and way of
				departure from an exit. If the inspection reveals that any required means of
				egress is obstructed, inaccessible, locked, fastened, or otherwise unsuited for
				immediate use, the scheduled program shall not begin, nor shall admittance to
				the place of assembly be permitted, until necessary corrective action has been
				completed.
7.2. Announcements.
				Immediately prior to the start of a program for which 300 or more people will
				gather in a place of assembly, the owner or his or her authorized agent shall
				orally notify all attendees concerning the location of the exits to be used in
				case of fire or other emergency.
7.3. Records. An accurate record of all
				inspections, corrections, and notifications shall be kept and retained for at
				least 2 years in the offices of the respective building owners. The records
				shall contain:
7.3.a. A brief description of
				each activity, event, performance, etc., including its date, time, and
				location; and
7.3.b. The name and
				signature of the person who performed each requirement of this section;
				and
7.3.c. The date and time when
				each requirement was performed.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-8 - Forest Fire Season

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				periods of each year between March 1st and May
				31st, inclusive, and October
				1st and December 31st,
				inclusive, are designated as forest fire seasons. No person shall during any
				fire season, except between the hours of 5:00 PM and 7:00 AM prevailing time,
				set fire to, or procure another to set fire to, any brush, leaves, grass,
				debris, or field containing dry grass or other inflammable material capable of
				spreading fire, located in or within 300 feet of any woodland, brushland, or
				field containing dry grass or other inflammable material. Any fire set during
				this time shall be extinguished prior to 7:00 AM prevailing time. The
				prohibition of fires between 7:00 AM and 5:00 PM prevailing time does not
				include (1) small fires set for the purpose of food preparation, or providing
				light or warmth around which all grass, brush, stubble, or other debris has
				been removed for a distance of 10 feet from the fire, and (2) burning which may
				be conducted at any time when the ground surrounding the burning site is
				covered by 1 inch or more of snow. Any person who sets or causes to be set any
				fire permitted by this section shall not leave the fire unattended for any
				period of time.
8.2. Any person or
				his or her agent or employee who sets or causes to be set any fire at any time
				in the use and occupation of any kind on which the burning was being done is in
				violation of this section if fire escapes beyond the safety strip. Any person
				who, by himself or herself, or by his or her employees, agents, or guides or as
				an employee, agent, or guide of any other person, at any time builds or uses
				any fire in any field, on any public or private road, or in any area adjacent
				to or on any forest land in this state, shall before leaving the fire for any
				period of time, totally extinguish the fire. A person shall not at any time
				throw or place any lighted match, cigar, cigarette, firecracker or lighted
				material on any forest land, private road, public highway, or railroad
				right-of-way within this state.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-9 - Executive Order by the Governor on Open Burning

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. On those occasions when the Governor of
				the State issues an Executive Order or Proclamation to ban open burning due to
				weather conditions, the State Fire Marshal may assist in the enforcement of the
				provisions of the Proclamation or Executive Order.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-10 - Outdoor Storage of Used Tires

Current through Register Vol. XLI, No. 28, July 12, 2024
The storage of used tires shall comply with the
				  following:
10.1. All outdoor storage
				of used tires shall be free from all trash and debris within the
				site;
10.2. The owner and operators
				of outdoor storage of used tires shall maintain controlled access to the
				property with only one entrance/exit, and shall install security lighting for
				use during evening and night time hours as designated by the State Fire
				Marshal;
10.3. All outdoor storage
				of used tires shall have a perimeter security chain link fence of a minimum
				height of six feet;
10.4. All
				storage of used tires, shredded or unshredded, shall be separated into
				individual piles on the property. No pile may exceed 50 feet wide by 50 feet
				deep by 15 feet in height;
10.5. In
				the absence of an available water supply of at least 500 GPM (gallons per
				minute) provided by fire hydrants within 1000 feet of the facility, a minimum
				of 10,000 thousand gallon water supply on the site for exclusive use of fire
				fighting personnel shall be established;
10.6. Fire lanes having a minimum of 45 foot
				lanes capable of supporting fire apparatus shall be established and maintained
				between all tire piles;
10.7. A
				minimum of a 50 foot wide zone around the site perimeter inside the fence line
				shall be maintained;
10.8. All
				storage piles shall have a minimum of a 30 inch high earthen dike around each
				tire pile as the piles are established;
10.9. A maximum of 18 tire piles may be
				established on a single site; and
10.10. No site may exceed the storage of more
				than three hundred thousand tires without the approval of the State Fire
				Marshal.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-11 - Stopping, Standing or Parking Prohibited in Specified Areas

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. No person
				shall stop, stand, or park a vehicle, except when necessary to avoid conflict
				with other traffic or in compliance with the law or the directions of a police
				officer or traffic-control device, in any of the following places:
11.1.a. Within 15 feet of a fire hydrant;
				or
11.1.b. Within 20 feet of the
				driveway entrance to any fire station and on the side of a street opposite the
				entrance to any fire station within 75 feet of the entrance when properly
				sign-posted.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-12 - Crossing Fire Hose

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. No
				person shall drive a streetcar or vehicle over any unprotected hose of a fire
				department when it is laid down on any street, private driveway, or streetcar
				track, to be used at any fire or alarm of fire, without the consent of the fire
				department official in command.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-13 - Emergency Vehicle Permits

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Authorization for all fire department vehicles and firefighters to operate
				Class A vehicles shall be designated by their fire chief and the State Fire
				Marshal's Office. Vehicles authorized by W. Va. Code §
									17C-15-26 shall have red flashing
				warning lights and an audible signaling device, such as a siren, whistle or
				bell capable of emitting sound audible from a distance of not less than 500
				feet.
13.2. Upon receipt of written
				notification from the Fire Chief of the local fire department to the State Fire
				Marshal requesting that an Emergency Vehicle Permit be revoked, the State Fire
				Marshal shall cause the permit to be revoked.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-14 - Fire Safety Separation Requirements for Mobile Home Sites

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. No portion of
				a manufactured home, excluding the tongue, shall be located closer than 3 m
				(10ft) side to side, 2.4 m (8 ft) end to side, or 1.8 m (6 ft) end to end
				horizontally from any other manufactured home or community building unless the
				exposed composite walls and roof of either structure are without openings and
				constructed of materials that will provide a 1-hour fire resistance rating or
				the structures are separated by a 1-hour fire-rated barrier.
14.2. Manufactured homes shall not be
				positioned vertically, stacked with one over the other, in whole or in part,
				unless the structure is designed and approved for such installation and
				permitted by the authority having jurisdiction.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-15 - Propane Gas Training Program Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Any person who installs or maintains
				liquefied petroleum gas systems shall complete training standards and
				qualifications as established by the Propane Education and Research Council
				(PERC) Training Program. Exemption: Any person who installs, fuels, maintains,
				or services a fuel gas system on a single family dwelling owned or leased, and
				occupied by that person.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-01 - Fire Code › Section 87-1-16 - Exemption for agricultural purposes

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. If a property owner or other
				responsible party claims exemption from the State Fire Code based on the
				agricultural purposes exemption identified in subsection 1.6. of this rule, it
				would be based upon W. Va. Code §
									15A-11-3, that "buildings or
				structures utilized primarily for agricultural purposes shall be exempt from
				the provisions of the State Building Code, the State Fire Code, and any county
				or municipal building code or ordinance that is or may be adopted".
16.2. The term "agricultural purposes" means
				the raising, cultivation, drying, harvesting, marketing, production, or storage
				of agricultural products, including both crops and livestock, for sale or use
				in agriculture or agricultural production, or the storage of machinery or
				equipment used in support of agricultural production.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-1 - 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. -- June 18, 1993
1.4. Effective Date. -- July 1,
				1993
1.5. Subject. -- Standards and
				Procedures relating to the Issuance of Certificates of Competency to Master,
				Journeyman, Apprentice or and Specialty Electricians.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-3 - 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 an apprentice, journeyman or master electrician
				license.
3.2. Nonapplicability of
				Local Ordinances, Exclusive License - No municipality, local government, or
				county may require any license or other evidence of competence as an
				electrician from any person, firm, or corporation who or which holds a valid
				and current license issued by the State Fire Marshal, as a condition for the
				performance of electrical work within the State of West Virginia.
3.3. Exemptions; Nonapplicability of License
				Requirements
These rules do not apply to and no license is required
				  for:
a. Any person who performs
				electrical work with respect to any property owned or leased by such person.
				For the purpose of this subparagraph:
(1)
				"property owner" includes the property owner, lessee, and his or her
				maintenance personnel; and
(2)
				"performs electrical work" includes routine maintenance, repairs, and
				improvements to existing structures, or
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-4 - 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 five (5) years of experience 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 apprentice electricians in the performance of
				electrical work.
4.2. "Journeyman
				License": To apply for a "journeyman electrician's license", a person must have
				at least four (4) years of experience in performing electrical work under the
				direction or instruction of a master electrician or must have completed a
				United States Department of Labor/Bureau of Apprenticeship and training
				registered electrical apprenticeship program, or an electrical vocational
				education program of at least one thousand eighty hours in length approved by
				the state board of education.
4.3.
				"Apprentice License": To apply for an "apprentice electrician license", a
				person must have an interest in and an aptitude for performing electrical work.
				The apprentice is not capable of installing wires, conduits, apparatus,
				equipment, fixtures and other appliances by himself.
4.4. "Specialty License": To apply for a
				Specialty electrician license, a person must have at least two (2) years
				experience in their area of specialty of which one (1) year may be obtained
				through educational programs.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-5 - 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:
a. The class of license for which he/she
				seeks licensure, i.e. Master, Journeyman, Apprentice, or Specialty;
				and
b. A twenty-five dollar
				($25.00) fee, for the Master, Journeyman or Specialty examination or ten
				dollars ($10.00) for the Apprentice examination. The fee is not
				returnable.
c. A history of
				experience and qualifications which must equal the years experience required
				for the level of licensure that the applicant is seeking.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-6 - License Without Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				License - An applicant who is enrolled in a formal electrical apprenticeship
				program and registered with the United States department of labor/bureau of
				apprenticeship and training or enrolled in an electrical vocational education
				program of at least one thousand eighty hours in length and approved by the
				state board of education may be issued a one time nonrenewable temporary
				apprentice license for a period of one hundred eighty (180) days.
6.2. An applicant who has completed a United
				States department of labor/bureau of apprenticeship and training registered
				electrical apprenticeship program, or an electrical vocational education
				program of at least one thousand eighty hours in length and approved by the
				state board of education and has at least four (4) years of experience in
				performing electrical work may be issued a one time nonrenewable temporary
				master or journeyman license for a period of ninety (90) days.
6.3. An applicant for a one time temporary
				license under Subsection 6.1 shall pay a fee of twenty-five dollars ($25.00)
				and under Subsection 6.2 shall pay a fee of fifty dollars ($50.00).
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-7 - 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 thirtieth (30th) day of June each year.
7.2. Renewal Fee Required - The State Fire
				Marshal shall renew annually the electrician license of any licensee who makes
				application and upon payment of a renewal fee of fifty dollars ($50.00). 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 fifty dollar ($50.00)
				license fee and a fifteen ($15.00) penalty fee within the licensure year. No
				person, firm, or corporation may perform electrical work during the period of
				time their license is expired, but, a person, firm, or corporation may resume
				work upon receiving their deferred license. Any person, firm, or corporation
				failing to renew their license for a period of one (1) year from its expiration
				shall forfeit their license and will be required to apply and take the
				examination for the level of licensure for which he/she qualifies in accordance
				with these rules.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-8 - 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:
a. fails to make a
				passing score of 80% on any examination; or
b. fails to provide evidence of the required
				experience and/or qualifications for the class of license.
West Virginia Code of State Rules › Agency 87 - Fire Commission › Title 87 - LEGISLATIVE RULE FIRE COMMISSION › Series 87-02 - Electrician Licensing Rules › Section 87-2-9 - Licensing Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				General Requirements
a. 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:
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;
B. The individual is duly qualified for the
				license currently issued to the applicant by his or her jurisdiction;
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;
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
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.