reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes 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 inspections of dwellings and
				other structures through certification by the State Fire Marshal.
1.2. Authority. -- W. Va. Code §
									29-3C-4.
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- May
				1, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Master
				electrician" - Means a person who holds a valid Master's Electrician License
				issued by the State Fire Marshal and as defined in W. Va. Code §
									29-3B-2.
2.2. "Journeyman electrician" - Means a
				person who holds a valid Journeyman's Electrician License issued by the State
				Fire Marshal and as defined in W. Va. Code §
									29-3B-2.
2.3. "Electrical work" - Means the
				installation of wires, conduits, apparatus, fixtures, other appliances,
				equipment, or systems for transmitting, carrying, controlling, or using
				electricity as defined in the scope of the national electrical code.
2.4. "License" - Means a valid and current
				electrician's license issued by the State Fire Marshal.
2.5. "Electrical contractor" - Means a
				person, firm or corporation who engages in the business of electrical work or
				employs master electricians, journeyman electricians, apprentice electricians
				or other workers for the construction, alteration or repair of any electrical
				system as defined in the scope of the national electrical code.
2.6. "Design" - Means to plan or layout
				electrical systems in sketches or drawings for use by licensed electricians. It
				includes, but is not limited to, determining the service components of
				electrical systems, the type and sizes of conductors, circuit breakers and
				other components of electrical systems necessary to accommodate the demand
				load.
2.7. "National Electrical
				Code" - Means the National Electrical Code for licensing of electricians
				promulgated by the National Fire Protection Association. Copies of the National
				Electrical Code may be obtained by contacting: The National Fire Protection
				Association, 1 Battery march Park, Quincy, MA 02169. 1-800-344-3555.
2.8. "State Fire Marshal" - Means the West
				Virginia State Fire Marshal and his or her designated
				representatives.
2.9. "Board" means
				a government agency, board, department, or other government entity that
				regulates a lawful occupation and issues an occupational license or other
				authorization to practice to an individual.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-3 - Classification of Electrical Inspectors

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Electrical inspectors may be certified
				in the following 3 classifications:
3.1.a.
				"Class A Electrical Inspector Certification" - This classification authorizes
				the electrical inspector to perform electrical inspections on one and two
				family dwellings only;
3.1.b.
				"Class B Electrical Inspector Certification" - This classification authorizes
				the electrical inspector to perform electrical inspections on all structures
				including but not limited to, one and two family dwellings; and
3.1.c. "Class C Electrical Inspector
				Certification" - This classification authorizes the electrical inspector to
				perform electrical plan reviews and perform electrical inspections on all
				structures including but not limited to, one and two family
				dwellings.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-4 - Qualifications for Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An applicant for an "Electrical
				Inspector's Certification" shall possess a valid and current Master's or
				Journeyman's Electrician License issued by the State Fire Marshal. An applicant
				shall also provide proof that he or she passed the respective tests offered by
				the National Certification Program for Construction Code Inspectors, or its
				equivalent as determined by the State Fire Marshal.
4.1.a. For a "Class A Electrical Inspector
				Certification", in addition to the electrical licensure requirement, an
				applicant shall provide proof that he or she passed "Test 2A Electrical One and
				Two Family Dwelling" of the National Certification Program for Construction
				Code Inspectors, or its equivalent as determined by the State Fire
				Marshal.
4.1.b. For a "Class B
				Electrical Inspector Certification", in addition to the electrical licensure
				requirement, an applicant shall provide proof that he or she passed "Test 2A
				Electrical One and Two Family Dwelling" and "Test 2B Electrical General" of the
				National Certification Program for Construction Code Inspectors, or its
				equivalent as determined by the State Fire Marshal.
4.1.c. For a "Class C Electrical Inspector
				Certification", in addition to the electrical licensure requirement, an
				applicant shall provide proof that he or she passed "Test 2C Electrical Plan
				Review", "Test 2A Electrical One and Two Family Dwelling" and "Test 2B
				Electrical General" of the National Certification Program for Construction Code
				Inspectors, or its equivalent as determined by the State Fire
				Marshal.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-5 - License Without Examination

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Notwithstanding any other law, the board
				shall issue an occupational license or other authorization to practice to a
				person upon application, if all the following apply:
5.1.a. The person holds a valid occupational
				license or other authorization to practice in another state in a lawful
				occupation with a similar scope of practice and with education, experience, and
				examination requirements for licensure or authorization to practice similar to
				those of this state, as determined by the board in this state;
5.1.b. The person has held the occupational
				license or other authorization to practice in the state where he or she holds a
				valid license or other authorization to practice for at least one
				year;
5.1.c. The person has met all
				educational and examination requirements for occupational licensure or other
				authorization to practice in the state where he or she holds a valid
				license;
5.1.d. The person is in
				good standing with the board in every other state where he or she holds a valid
				license;
5.1.e. The person has
				established residency as a West Virginia resident as defined by
§11-21-7
(a) of this code;
5.1.f. The person does not have a
				disqualifying criminal record as determined by the board in this
				state;
5.1.g. The person has never
				had his or her license or other authorization to practice revoked by the board
				in another state because of negligence or intentional misconduct related to the
				person's work in the occupation;
5.1.h. The person did not surrender an
				occupational license or other authorization to practice because of negligence
				or intentional misconduct related to the person's work in the occupation in
				another state;
5.1.i. The person
				does not have a complaint, allegation, or investigation pending before a board
				in another state. If the person has a complaint, allegation, or investigation
				pending, the board in this state shall not issue or deny an occupational
				license or other authorization to practice to the person until the complaint,
				allegation, or investigation is resolved; and
5.1.j. The person pays all applicable fees
				and meets all applicable bonding requirements in this state.
5.1.k. If West Virginia requires an
				occupational license to lawfully work in a profession, and another state does
				not issue an occupational license for the same profession and instead issues
				another authorization to practice, West Virginia shall issue an occupational
				license to the person if the person otherwise satisfies subsection 5.1. of this
				rule.
5.1.l. Any person issued a
				license under this article must comply with all relevant continuing education
				requirements to renew a license established by the board and any other rule
				promulgated by the board as required in §29-33-8 of this code.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-6 - Procedure for Application

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Form of Request - Each applicant requesting an electrical inspector's
				certification under the provisions of this rule shall, as a condition precedent
				to the issuance of certification, provide the State Fire Marshal with:
6.1.a. A completed application on forms
				furnished by the State Fire Marshal;
6.1.b. Proof of professional liability
				insurance (errors and omissions) in the amount of not less than $1,000,000.00,
				and general liability insurance in an amount not less than $750,000.00. Proof
				of renewal shall be forwarded to the State Fire Marshal's office prior to the
				expiration date of the policy and shall cover at a minimum the period for which
				the Electrical Certification is issued;
6.1.c. A copy of a valid West Virginia
				business license as issued by the West Virginia Department of tax and
				Revenue;
6.1.d. Proof of passage of
				testing as required by Section 4 of this rule.
6.1.e. Any other documentation that the State
				Fire Marshal may require to ensure compliance with qualifications for
				certification.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-7 - Expiration and Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Expiration - All electrical inspectors' certifications issued by the State Fire
				Marshal expire on the last day of the anniversary month 12 months from the date
				of issuance of the certification. (i.e., license issued on August 15, 2003 will
				expire on August 30, 2004 and on August 30th each
				successive year).
7.2. Renewal Fee
				Required - Any certified electrical inspector, in good standing, may renew his
				or her certificate prior to the expiration date by submitting the authorized
				renewal certification fee to the State Fire Marshal. It is the individual
				electrical inspector's responsibility to submit his or her certification
				renewal to the State Fire Marshal prior to the expiration date.
7.3. Renewal After Expiration - A certified
				electrical inspector who has not renewed his or her certificate in accordance
				with the provisions of this rule shall, if the certification has been expired
				for three years or less, submit a renewal application to the State Fire
				Marshal, along with proof of all required Continuing Education credits, as
				required under subsection 6.4. of this rule, for the time period of expired
				certification and for the last certified period. If the certificate has been
				expired for greater than three years, the applicant shall submit a new
				application, with proof that the applicant has met the requirements of Sections
				4 and 5 of this rule, the testing having been completed within the last three
				years and submit the late fee for a period of three years. A person may not
				perform electrical inspection work during the period of time his or her
				certification is expired.
7.4. As a
				condition of renewing any electrical inspector's certificate, the State Fire
				Marshal shall require proof of completion of 14 Continuing Education Units, or
				its equivalent, every year. A continuing education unit is defined as 1.0 hours
				for every fifty minutes of instruction, and the class shall be approved by the
				State Fire Marshal. Upon receipt of the required documentation, the State Fire
				Marshal shall issue the certification.
7.5. National and state organizations
				acceptable to offer the required continuing education requirements include but
				are not limited to the following organizations or their chapters: The
				International Association of Electrical Inspectors (IAEI); The National Fire
				Protection Association (NFPA); The National Electrical Contractor's Association
				(NECA); International Code Council (ICC); and any other recognized organization
				or party that the State Fire Marshal deems appropriate.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-8 - Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Certification
				fee - $75.00 fee per certification.
8.2. Renewal fee - $100.00 fee per
				certification annually.
8.3. New
				Application fee - $25.00 fee per new application submitted.
8.4. Late renewal fee - $50.00 fee per year
				late per certification in addition to the renewal fee.
8.5. Duplicate certification fee - A person
				who has lost or had his or her electrical inspector's certification destroyed,
				may submit a duplicate application fee of $10.00 payable to the State Fire
				Marshal and a notarized statement stating that the certification was lost or
				destroyed.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-9 - Effect of Noncompliance; Failure to Obtain Certification; Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each day
				during which a person performs electrical inspections without the required
				certification or while in non-compliance with any of the provisions of W. Va.
				Code §§
									29-3C-1 et seq., after official
				notice that the work is unlawful, is a separate violation of this
				rule.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-10 - Responsibilities of the Electrical Inspector

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any certified electrical inspector, who
				has knowledge of violations of any rule of the State Fire Marshal or any rule
				of the state fire commission or of the W. Va. Code, shall submit the
				information, together with available evidence to the State Fire
				Marshal.
10.2. A certified
				electrical inspector shall submit a written report of any findings of his or
				her electrical inspection to the property owner and other appropriate parties.
				In addition, the electrical inspector shall include the name and electrician
				license number of the individuals performing the electrical work.
10.3. A certified electrical inspector shall
				submit an annual report to the State Fire Marshal indicating the number, type
				and locations of electrical inspections performed during the preceding year.
				This annual report shall be filed with the State Fire Marshal no later than the
				thirty-first day of January of the following year.
10.4. A certified electrical inspector shall
				comply with all federal, state, and local laws, rules, and
				regulations.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-11 - Causes for Denial, Limitation, Suspension or Revocation of Certifications of Electrical Inspectors

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The State Fire Marshal may deny, limit,
				suspend, or revoke a license issued if the provisions of this article, or if
				the rules promulgated pursuant to this article or §15A-10-1 et seq. of
				this code are violated.
11.1.a. Before any
				such license is denied, limited, suspended, or revoked, however, written notice
				shall be given to the licensee stating the grounds for such denial, limitation,
				suspension, or revocation.
11.1.b.
				An applicant or licensee has 10 working days after receipt of the order
				denying, limiting, suspending, or revoking a license to request a formal
				hearing contesting the denial, limitation, suspension, or revocation of a
				license under this article. If a formal hearing is requested, the applicant or
				licensee and the secretary shall proceed in accordance with the provisions of
				§29A-5-1 et seq. of this code.
11.1.c. If the license is denied, limited,
				suspended, or revoked, the license or certification holder shall cease and
				desist practices of their profession as of the effective date of the denial,
				limitation, suspension, or revocation. Any administrative appeal of such
				denial, limitation, suspension, or revocation shall not stay the denial,
				limitation, suspension, or revocation.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-12 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Any person, firm, corporation, member of the Fire Commission, State Fire
				Marshal, or public officer may make a complaint to the State Fire Marshal which
				charges an electrical inspector with a violation of W. Va. Code §
									29-3C-1 et seq. or of this rule.
				The State Fire Marshal may provide a form for that purpose, but a complaint may
				be filed in any written form. In addition to describing the alleged violation
				which prompted the complaint, the complaint should contain the following:
12.1.a. The name and address of the
				electrical inspector against whom the complaint is lodged;
12.1.b. The date of inspection;
12.1.c. The name of any person who may have
				inspected or repaired the electrical work after the alleged incident;
12.1.d. The nature of the alleged
				violation;
12.1.e. The location of
				the alleged violation.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-13 - Appeal of Denial of Certification; Hearings; Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any person who desires to appeal a
				decision or Order of the State Fire Marshal may appeal the decision or Order
				pursuant to the provisions contained in W. Va. Code §
									15A-10-1 et seq. The taking of
				evidence and hearing procedures shall be made in conformity
				therewith.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-14 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. An appeal
				from any final order entered in accordance with these rules shall comply with
				the provisions of W. Va. Code §
									15A-10-1 et seq.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-01 - Certification of Electrical Inspectors › Section 103-1-15 - Orders and Decisions of the State Fire Marshal

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. State Fire Marshal's Order and
				Decisions are final and Conclusive - Any order or final written decision of the
				State Fire Marshal based upon or made in the course of the administration or
				enforcement of the provisions of W. Va. Code §§
									29-3C-1 et seq. based upon or made
				pursuant to this rule, is final, unless vacated or modified upon review
				pursuant to the appeal rights and procedures provided by W. Va. Code §
									15A-10-1 et seq. and this
				rule.
15.2. Judicial Review. -- Any
				order or final written decision of the State Fire Marshal shall contain a
				notice that compliance therewith shall be required within a period of 30 days
				from the date of issuance thereof and also that any person desiring to contest
				the validity of any such order or decision may enter an appeal from such order
				or decision to the Office of Administrative Hearings established in W.Va. Code
				§
									15A-9-1
et seq
.
				of this code. Then a party may appeal the hearing examiner's decision to the
				Intermediate Court of Appeals as the Intermediate Court of Appeals has
				appellate jurisdiction over all "[f]inal judgments, orders, or decisions of an
				agency or administrative law judge entered after June 30, 2022" per West
				Virginia Code §
									51-11-4(b)(4).
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-02 - Fees For Licenses, Permits, Inspections, Plans Review And Other Services Rendered › Section 103-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative Rule establishes the fees to be charged by the State Fire Marshal
				for services rendered.
1.2.
				Authority -- W. Va. Code §
									29-3-12b.
1.3. Filing Date -- April 27, 2005
1.4. Effective Date -- June 1, 2005
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-02 - Fees For Licenses, Permits, Inspections, Plans Review And Other Services Rendered › Section 103-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. NFPA --
				National Fire Protection Association
2.2. NFC -- National Fire Codes
2.3. Manufacturing -- Mixing, blending,
				extruding, assembling, disassembling, chemical synthesis, and other functions
				involved in making a product or device that is intended to explode.
2.4. Manufacturer -- Any person engaged in
				the business of manufacturing explosive materials for purposes of sale or
				distribution.
2.5.
				Manufacturer-limited -- Any person engaged in the business of manufacturing
				explosive materials for his own use and not for sale or distribution.
2.6. Dealer -- Any person engaged in the
				business of distributing explosive materials at wholesale or retail.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-02 - Fees For Licenses, Permits, Inspections, Plans Review And Other Services Rendered › Section 103-2-3 - Explosives: As Defined in NFC Sections 495, 1124, and 1126. Exception: Chapter 11 of Section 495

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Permits to
				use explosives:
CLASS
CATEGORY
BLASTING PERMITTED
ANNUAL
PERMIT FEE
A
Unlimited
All types of blasting
$75.00
B
General aboveground
All phases of blasting operation in quarries, open
							 pit mines, and aboveground construction.
75.00
C
General underground
All phases of blasting operations in underground
							 mines, shafts, tunnels, and drifts.
Exception, underground coal mining.
$75.00
D
Demolition
All phases of blasting in demolition
							 projects
$75.00
E
Seismic
All phases of blasting in seismic
							 prospecting
$50.00
F
Agriculture
All phases of blasting in agriculture, but limited
							 to not more than 50 lbs. (22.7 kg) per blast.
$15.00
G
Special
Special blasting as described on the
							 permit
$40.00
H
Pyrotechnicians
Indoor Fireworks Display's
$20.00
I
Pyrotechnicians
Outdoor Fireworks Display's
$20.00
Initial Application/Test Fee
For Application Review and any testing for above
							 licenses
$40.00
3.2.
				Permit to sell Explosives
Initial Application and Review
				  Fee.................................................................................
				  $40.00
Manufacturer, site-site
				  specific.........................................................................................
				  $1,000.00
annual fee
Manufacturer-limited, site
				  specific..............................................................................
				  $250.00
annual fee
Dealer (state wide)
				  ..................................................................................
				  $500.00
annual fee
3.3. Permit to store Explosives
				..................................................................................
				$100.00
per magazine
3.4 Public Fireworks Display and Storage
				Permit (for each display)........................................... 1% of
				invoiced display with a minimum fee of $25.00
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-02 - Fees For Licenses, Permits, Inspections, Plans Review And Other Services Rendered › Section 103-2-4 - Explosives as defined in NFC Section 495, Chapter 11

Current through Register Vol. XLI, No. 28, July 12, 2024
Permit to store and sale on premises
				  ....................................................................................
				  $50.00
annual fee
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-02 - Fees For Licenses, Permits, Inspections, Plans Review And Other Services Rendered › Section 103-2-5 - Removal, Transportation & Disposal of explosive/hazardous materials, or other legally confiscated items or material

Current through Register Vol. XLI, No. 28, July 12, 2024
Actual cost of personnel, materials, transportation, and
				  other miscellaneous and related cost necessary to mitigate the situation plus
				  30% overhead charges.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-02 - Fees For Licenses, Permits, Inspections, Plans Review And Other Services Rendered › Section 103-2-6 - Inspections

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Public/Private
				Schools: Preschool-12th
				Grade:............................................. $25.00 per bldg.
per
				  year
6.2. Day Care
				Occupancy: ..................................................................
				$25.00 per bldg.
per year
6.3. Hospitals:
6.3.1. 100 or more beds
				................................................................ $100.00 per
				bldg.
per year
6.3.2.
				99 or less beds
				.................................................................. $75.00 per
				bldg.
per year
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-02 - Fees For Licenses, Permits, Inspections, Plans Review And Other Services Rendered › Section 103-2-7 - Administration Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Document
				Research:
7.1.1. In office
				.......................................... $10.00 per hour
7.1.2. In archives
				.......................................... $25.00 per hour
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs certification, fees, examinations, training, powers
				and duties of the West Virginia State Fire Marshal and penalties for violations
				in accordance with W. Va. Code § 29-3D et seq.
1.2. Authority. -- W. Va. Code §
									29-3D-4.
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- May
				1, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect upon August 1,
				2029.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to the West Virginia State Fire
				Marshal and all persons, materials and transactions governed or otherwise
				defined under coverage of the Supervision of Fire Protection Work, W. Va. Code
				§29-3D et seq.
2.2.
				Enforcement. The enforcement of this legislative rule is vested with the West
				Virginia State Fire Marshal.
2.3.
				Interagency Agreements. The West Virginia State Fire Marshal may enter into an
				interagency agreement with the Commissioner of Labor for the mutual purpose of
				enforcing the provisions of this rule.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				National standards. For the enforcement of this rule the NICET and NFPA codes
				and standards as cited in this rule are hereby incorporated by reference and
				shall have the same force and effect as if set out verbatim in this
				rule.
4.2. State standards. W. Va.
				Rule 87CSR1 et seq. "State Fire Code".
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-5 - License Required; Exemptions

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A person may not perform fire protection
				work in this state without a license issued under this rule.
5.2. Effective January 1, 2016, a person
				performing or offering to perform damper work in this state shall have a
				license issued by the State Fire Marshal, in accordance with this rule.
5.2.a. Provided, that a person may not be
				licensed to perform damper work in this state without first being licensed as a
				HVAC technician pursuant to the provisions of article sixteen, chapter
				twenty-one of the Code of West Virginia.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-6 - Minimum Qualifications for Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The State Fire Marshal shall certify any
				applicant for a license who:
6.1.a. Is at
				least 18 years of age;
6.1.b.
				Submits an application on forms provided by the State Fire Marshal;
6.1.c. Submits copies of current certificates
				of competency pertaining to their respective license(s); and
6.1.d. Pays the application fee(s).
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-8 - Expiration and Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Expiration - All fire protection licenses issued by the State Fire Marshal
				expire on the last day of the anniversary month from the month of issuance of
				the license. The expiration date will coincide with the duration of the license
				period; provided for the purpose of efficient management of licensure, for a
				fire protection damper technician or fire protection damper technician in
				training license granted prior to July 1, 2016, the State Fire Marshal may
				extend the duration of licensure at no cost to the licensee for up to 12 months
				beyond the term of the license.
8.2. Upon receipt of a renewal application on
				a form provided by the State Fire Marshal and payment of a renewal fee, the
				State Fire Marshal shall renew the license for a period not to exceed 3 years.
				It is the individual license holder's responsibility to submit his or her
				license renewal to the State Fire Marshal prior to the expiration
				date.
8.3. Renewal after expiration
				- A license holder who has not renewed his or her license in accordance with
				the provisions of this rule shall submit a new application to the State Fire
				Marshal following the requirements of section 6 of this rule.
8.4. The State Fire Marshal may mail license
				renewal notifications in a timely manner, to each license holder.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-9 - Denial, Suspension, Revocation, or Reinstatement of License

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The State Fire
				Marshal may deny, suspend, revoke, or reinstate a license.
9.2. The State Fire Marshal may deny a
				license to any applicant who fails to comply with the rules established by the
				State Fire Marshal, or who lacks the necessary qualifications. When considering
				whether an applicant possesses the qualifications for a license, the State Fire
				Marshal shall consider whether an applicant's prior criminal convictions bear a
				rational nexus on the license being sought.
9.2.a. The State Fire Marshal may not
				disqualify an applicant from initial licensure because of a prior criminal
				conviction that remains unreversed unless that conviction is for a crime that
				bears a rational nexus to the activity requiring licensure. In determining
				whether a criminal conviction bears a rational nexus to a profession or
				occupation, the State Fire Marshal shall consider at a minimum:
9.2.b. The nature and seriousness of the
				crime for which the individual was convicted;
9.2.c. The passage of time since the
				commission of the crime;
9.2.d. The
				relationship of the crime to the ability, capacity, and fitness required to
				perform the duties and discharge the responsibilities of the profession or
				occupation; and
9.2.e. Any evidence
				of rehabilitation or treatment undertaken by the individual.
9.2.f. Notwithstanding any other provision of
				this code to the contrary, if an applicant is disqualified from licensure
				because of a prior criminal conviction, the State Fire Marshal shall permit the
				applicant to apply for initial licensure if:
9.2.g. A period of five years has elapsed
				from the date of conviction or the date of release from incarceration,
				whichever is later;
9.2.h. The
				individual has not been convicted of any other crime during the period of time
				following the disqualifying offense; and
9.2.i. The conviction was not for an offense
				of a violent or sexual nature:
Provided
, That a conviction for
				an offense of a violent or sexual nature may subject an individual to a longer
				period of disqualification from licensure, to be determined by the State Fire
				Marshal.
9.2.j. An individual with
				a criminal record who has not previously applied for licensure may petition the
				State Fire Marshal at any time for a determination of whether the individual's
				criminal record will disqualify the individual from obtaining a license. This
				petition shall include sufficient details about the individual's criminal
				record to enable the State Fire Marshal to identify the jurisdiction where the
				conviction occurred, the date of the conviction, and the specific nature of the
				conviction.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-10 - Effect of Noncompliance; Failure to Obtain Certification; Penalty

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A person
				performing or offering to perform fire protection work without a license issued
				by the State Fire Marshal, is subject to a citation.
10.1.a. Any person continuing to engage in
				fire protection work after the issuance of a citation is subject to the
				following penalties:
(1) For the first
				offense, a fine of not less than $200 nor more than $1,000;
(2) For the second offense, a fine of not
				less than $500 nor more than $2,000; and
(3) For the third and subsequent offenses, a
				fine of not less than $1,000 nor more than $5,000.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-11 - Disposition of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Enforcement of Certification Requirements -- In the course of investigating
				complaints as authorized under W.Va. Code§
									29-3D-1
et seq
.,
				the State Fire Marshal shall determine whether or not the person against whom
				the complaint has been filed is certified under W.Va. Code §
									29-3D-1
et
				seq
.
11.2. Any citizen,
				law enforcement official or other official of any state, county, or municipal
				government agency, upon observing an infraction of the certification
				requirements of W. Va. Code §29- 3D-1
et seq
. or this
				rule, may file a written complaint with the office of the State Fire Marshal.
				The State Fire Marshal may provide a form for this purpose, but a complaint may
				be filed in any written form. When a complaint is filed with the office of the
				State Fire Marshal, that office shall investigate the complaint. In addition to
				describing the alleged violation which prompted the complaint, the complaint
				shall contain as a minimum the following information:
11.2.a. The name and address of the certified
				person or applicant against whom the complaint is lodged;
11.2.b. The date of the alleged unlawful
				act;
11.2.c. The nature of the
				alleged unlawful act; and
11.2.d.
				The location of the alleged unlawful act or occurrence.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-12 - Causes for Denial, Limitation, Suspension or Revocation of Certifications of Fire Protection Workers

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The State Fire Marshal may deny, limit,
				suspend, or revoke a license issued if the provisions of this article, or if
				the rules promulgated pursuant to this article or §15A-11-1
et
				seq
. of this code are violated.
12.1.a. Before any such license is denied,
				limited, suspended, or revoked, however, written notice shall be given to the
				licensee stating the grounds for such denial, limitation, suspension, or
				revocation.
12.1.b. An applicant or
				licensee has 10 working days after receipt of the order denying, limiting,
				suspending, or revoking a license to request a formal hearing contesting the
				denial, limitation, suspension, or revocation of a license under this article.
				If a formal hearing is requested, the applicant or licensee and the secretary
				shall proceed in accordance with the provisions of §29A-5-1
et
				seq.
of this code.
12.1.c.
				If the license is denied, limited, suspended, or revoked, the license or
				certification holder shall cease and desist practices of their profession as of
				the effective date of the denial, limitation, suspension, or revocation. Any
				administrative appeal of such denial, limitation, suspension, or revocation
				shall not stay the denial, limitation, suspension, or revocation.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-13 - Fire Protection License Fund; Fees; Disposition of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The State
				Fire Marshal shall deposit all fees paid in a special revenue account with the
				State Treasurer pursuant to W. Va. Code §
									29-3D-9 for the use of the State
				Fire Marshal as provided under W. Va. Code §
									29-3-12(b)(c).
13.2. The license fee for a sprinkler based
				fire protection layout technician and journeyman sprinkler fitter is $100 for 1
				year or one-hundred and $175 for 3 years.
13.3. The license fee for a pre-engineered
				suppression systems installer shall be $50 for 1 year or $100 for 3
				years.
13.4. The license fee for a
				pre-engineered suppression systems technician shall be $25 for 1 year or $50
				for 3 years.
13.5. The license fee
				for an engineered suppression systems installer shall be $50 for 1 year or $100
				for 3 years.
13.6. The license fee
				for an engineered suppression systems technician shall be $25 for 1 year or $50
				for 3 years.
13.7. The license fee
				for a portable fire extinguisher technician shall be $50 for 1 year or $100 for
				3 years.
13.8. All applicants for a
				fire protection worker license shall pay an application fee of $50.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-14 - Reciprocity

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The State
				Fire Marshal, in his or her discretion, may grant a license of the same
				classification without examination to a fire protection technician licensed by
				another state upon payment of the license fee, application fee and submission
				of a completed application as provided by the State Fire Marshal to the State
				Fire Marshal. The State Fire Marshal may issue a fire protection technician
				certificate to any person who holds a valid certification, license or
				registration to conduct fire protection work, issued by another state or
				possession of the United States or the District of Columbia that has standards
				substantially equivalent to, or exceeding, those of this state, as determined
				by the State Fire Marshal.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-03 - Supervision of Fire Protection Work › Section 103-3-15 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The sections
				of this rule are severable. Should any section be declared by judicial opinion
				unconstitutional or in any manner contrary to the laws of the State of West
				Virginia, that particular section shall be invalid and all other sections shall
				remain in full force and effect.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the manufacture, transportation, storage, sale, and
				display of fireworks in this state in accordance with W. Va. Code §
									29-3E-1
et seq
.
1.2.
				Authority. -- W. Va. Code §§
									29-3E-4(b)(4),
				29-3E-5(a)(5),
				29-3E-6(b)(4)
				and
				29-3E-8(a).
1.3. Filing Date. -- May 5, 2022.
1.4. Effective Date. -- May 31, 2022.
1.5 Sunset Provision. -- This rule
				shall terminate and have no further force or effect on August 1,
				2027.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to the West Virginia State Fire
				Marshal and all persons, materials and transactions governed or otherwise
				defined under coverage of Fireworks Safety, W. Va. Code §
									29-3E-1
et seq
.
2.2.
				Enforcement. The enforcement of this legislative rule is vested with the West
				Virginia State Fire Marshal.
2.2.a. The West
				Virginia State Police, deputy sheriffs, municipal police officers and other law
				enforcement officers shall assist in the enforcement of this rule.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				National standards. For the enforcement of this rule the NFPA codes and
				standards as cited in this rule are hereby incorporated by reference and shall
				have the same force and effect as if set out in verbatim in this rule. Those
				are including, but not limited to, the following:
4.1.a. NFPA 495 Explosive Materials Code
				(2018 Ed.).
4.1.b. NFPA 1123 Code
				for Fireworks Display (2018 Ed.).
4.1.c. NFPA 1124 Code for the Manufacture,
				Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles
				(2006 Ed.).
4.1.d. NFPA 1126
				Standard for the Use of Pyrotechnics Before a Proximate Audience (2021
				Ed.).
4.1.e. APA Standard
				87-1.
West Virginia Code of State Rules › Agency 103 - Fire Marshal › Title 103 - LEGISLATIVE RULE STATE FIRE MARSHAL › Series 103-04 - Regulation of Fireworks and Related Explosive Materials › Section 103-4-6 - Storage of Fireworks and Related Explosive Materials

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All new and existing storage facilities
				for consumer fireworks, display fireworks, special fireworks, or other
				pyrotechnic material shall meet the following requirements:
6.1.a. Each storage facility shall obtain a
				permit from the State Fire Marshal prior to any use or storage takes place. To
				receive a permit the applicant shall:
6.1.a.1.
				Submit an application providing all forms and documentation to the satisfaction
				of the State Fire Marshal;
6.1.a.2.
				Pay the required fee of $100.00 per storage facility;
6.1.a.3. Provide copies of all applicable and
				required licenses and permits.