reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means the Supervision of Plumbing
				Work Act, W. Va. Code §
									21-14-1
et seq
.
3.2. "Cease and desist order" means an order
				issued by the Division of Labor pursuant to the Act and this rule to an
				unlicensed person who performs work for which a license is required.
3.3. "Classification" means the scope of work
				of a master plumber, journeyman plumber, or plumber-in-training as defined in
				the Act and this rule.
3.4.
				"Commissioner" means the Commissioner of the West Virginia Division of Labor
				and his or her authorized representatives.
3.5. "Direct supervision" or "supervision"
				means the competency of a licensed master plumber or licensed journeyman
				plumber to provide instruction to and direction of the plumbing work of a
				licensed plumber-in-training and to exercise oversight and control of such
				plumbing work at each separate job site or location in accordance with section
				8 of this rule.
3.6. "Division"
				means the West Virginia Division of Labor and its authorized
				representatives.
3.7. "Immediate
				family," as used in W. Va. Code §
									21-14-3(c)(1), means a person's parents,
				spouse, sibling, or child.
3.8.
				"ICC" refers to the International Code Council, 500 New Jersey Avenue NW,
				6th Floor, Washington, D.C. 20001.
3.9. "Other authorization to practice," as
				used in section 14 of this rule, means a nontransferable acknowledgment, other
				than a license, by another state government that is provided to an individual
				asserting that the individual has met the educational and examination
				requirements to engage in the performance of plumbing work.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
The International Plumbing Code, published by the ICC and as
				  adopted by the West Virginia State Fire Commission in 87 CSR 4, is incorporated
				  herein in its entirety by reference.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-5 - Licensure Required

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Except as
				otherwise provided in the Act, no person may perform or offer to perform
				plumbing work in this state without a license.
5.2. Any person licensed pursuant to the
				provisions of the Act and this rule shall carry proof of a valid license at all
				times when performing plumbing work in this state.
5.3. A license issued pursuant to the Act and
				this rule is not transferable.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-6 - Licensure of Master Plumbers and Journeyman Plumbers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person desiring to be licensed with
				a master plumber or journeyman plumber classification shall submit a completed
				application/affidavit requesting licensure to the Commissioner on forms
				supplied by the Division and pay the applicable license fee as prescribed in
				section 9 of this rule.
6.2. All
				applicants for a master plumber license or journeyman plumber license shall
				pass a required written examination for the desired classification, as set
				forth in the Act and section 10 of this rule, except in the case of an
				applicant seeking licensure in accordance with section 14 of this
				rule.
6.3. A master plumber's
				license and journeyman plumber's license is valid for up to one year unless
				sooner suspended or revoked by the Commissioner.
6.4. A licensed master plumber or licensed
				journeyman plumber may renew the license on or before its expiration date by
				submitting a renewal application on forms supplied by the Division and paying
				the applicable renewal fee as prescribed in section 9 of this rule. The
				Commissioner shall provide each licensee with a renewal notice at least 45 days
				in advance of the license's expiration date. If the renewal application is
				received or postmarked more than 15 days after the license's expiration date,
				the licensee shall pay a late fee of $25 in addition to the annual renewal fee:
Provided
: That a license that has been expired for 90 days or
				more cannot be renewed.
6.5. A
				duplicate license may be issued upon receipt of a written request to the
				Commissioner from the licensee. The Commissioner may charge $10 fee for a
				duplicate license.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-7 - Licensure of Plumbers-In-Training

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person
				desiring to be licensed as a plumber-in-training shall submit a completed
				application/affidavit requesting licensure to the Commissioner on forms
				supplied by the Division and pay the applicable license fee as prescribed in
				section 9 of this rule.
7.2. A
				plumber-in-training's license is valid for up to one year unless sooner
				suspended or revoked by the Commissioner.
7.3. A licensed plumber-in-training may renew
				the license on or before its expiration date by submitting a renewal
				application on forms supplied by the Division and paying the applicable renewal
				fee as prescribed in section 9 of this rule. The Commissioner shall provide
				each licensee with a renewal notice at least 45 days in advance of the
				license's expiration date. If the renewal application is received or postmarked
				more than 15 days after the license's expiration date, the licensee shall pay a
				late fee of $25 in addition to the annual renewal fee:
Provided
: That a license that has been expired for 90 days or
				more cannot be renewed.
7.4. A
				duplicate license may be issued upon receipt of a written request to the
				Commissioner from the licensee. The Commissioner may charge $10 fee for a
				duplicate license.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-8 - Supervision Ratio

Current through Register Vol. XLI, No. 28, July 12, 2024
A licensed master plumber or licensed journeyman plumber may
				  directly supervise no more than three licensed
				  plumbers-in-training.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-9 - Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An initial
				or renewal applicant for a master plumber license or a journeyman plumber
				license shall pay a $75 annual license fee.
9.2. An initial or renewal applicant for a
				plumber-in-training license shall pay a $25 annual license fee.
9.3. Any renewal application that is received
				or postmarked more than 15 days after the license's expiration date shall pay a
				$25 late fee in addition to the annual license fee.
9.4. The Commissioner may charge a $10 fee
				for a duplicate license upon receipt of a written request from the
				licensee.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-10 - Examination Required for Master Plumbers and Journeyman Plumbers

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Any person desiring to be licensed as a
				master plumber or journeyman plumber under the provisions of the Act and this
				rule shall take the examination required for the desired classification and
				obtain a minimum score of at least 70%.
10.2. The Commissioner shall provide for
				written examinations for master plumber and journeyman plumber license
				applicants that test the applicant's knowledge of the International Plumbing
				Code. The Commissioner shall establish an examination fee schedule for the
				administration of examinations. The Commissioner may:
10.2.1. Contract with a private testing agent
				to conduct examinations, in which case applicants shall pay the examination fee
				directly to the testing agent; or
10.2.2. Develop examinations and examination
				procedures and conduct examinations, in which case applicants shall pay the
				examination fee directly to the Division in advance of the
				examination.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-11 - Denial, Suspension, Revocation, and Reinstatement of Licenses; Investigations; Grounds for Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Commissioner may deny, suspend,
				revoke, or reinstate a license in accordance with the provisions of the Act and
				this rule. A violation of the Act or this rule is grounds for the denial,
				suspension, revocation, or refusal to reinstate a license and permits the
				imposition of disciplinary action.
11.2. Upon receipt of a complaint or upon his
				or her own inquiry, the Commissioner shall conduct an investigation to
				determine whether there are grounds for disciplinary action against a licensee.
				All complaints shall be in writing and include the name, address, and phone
				number of the complainant. The Commissioner shall provide a copy of the
				complaint to the licensee.
11.3.
				Any disciplinary action against a licensee may not be imposed without notice to
				the licensee and opportunity for a hearing in accordance with the provisions of
				W. Va. Code §
									29A-5-1
et seq
.
11.3.1. The Commissioner may conduct the
				hearing or appoint a hearing examiner.
11.3.2. A licensee has a right to attend the
				hearing in person, to be represented by an attorney at law licensed to practice
				in West Virginia, or to submit a written response to the Commissioner, and may
				offer testimony and submit relevant factual information:
Provided
, That if the licensee receives proper notice of the
				hearing, the licensee's failure to attend the hearing does not preclude the
				imposition of disciplinary action.
11.3.3. If the Commissioner appoints a
				hearing examiner to conduct the hearing, the hearing examiner shall submit a
				recommended decision to the Commissioner within 10 days of conclusion of the
				hearing. The hearing examiner may recommend the imposition of any appropriate
				disciplinary action permitted by the Act or this rule. The Commissioner shall
				accept, reject, or modify the hearing examiner's recommended decision and issue
				a final order within 10 days of receipt of the recommended decision.
11.3.4. If the Commissioner conducts the
				hearing and concludes that a violation of the Act or this rule occurred, the
				Commissioner shall issue a final order within 10 days of the hearing's
				conclusion and may impose any disciplinary action permitted by the Act or this
				rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-12 - Cease and Desist Orders; Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. Upon a determination that a person is
				engaged in plumbing work in this state without a valid license, the Division
				shall issue a cease and desist order requiring that person to immediately cease
				all operations in this state. The person can immediately engage in plumbing
				work upon issuance of a license.
12.2. Any person continuing to engage in
				plumbing work after the issuance of a cease and desist order is subject to a
				penalty of not less than $200 nor more than $1,000 as set forth in W. Va. Code
				§
									21-14-7.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-13 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person adversely affected by an action of the
				  Commissioner may appeal in accordance with the provisions of W. Va. Code
				  §
									29A-5-1
et seq
.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-32 - Supervision of Plumbing Work › Section 42-32-14 - Reciprocity; Work Experience

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. To the
				extent that other states license or issue other authorization to practice for
				master plumbers, journeyman plumbers, or plumbers-in-training, and have
				requirements equivalent to the Act and this rule, the Commissioner, in his or
				her discretion, may grant licenses of the same classification without
				examination to plumbers licensed or authorized by other states, as follows:
14.1.1. The applicant has provided
				satisfactory proof of his or her qualifications, including the applicant's
				compliance with all requirements of W. Va. Code §
										21-17-3(a); and
14.1.2. The applicant has paid the applicable
				license fee as prescribed in section 9 of this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule is for the enforcement of the wage bond sections of the Wage Payment and
				Collection Act, W. Va. Code §§
									21-5-14
				through
				21-5-16,
				concerning certain employers' responsibility to post a wage bond, the types of
				acceptable wage bonds, the procedures to request a waiver of the wage bond
				requirements, the procedures to request a release of a wage bond, actions by
				the Commissioner to pay employee wages from a wage bond, and actions by the
				Commissioner against an employer in violation of wage bond
				obligations.
1.2. Authority. -- W.
				Va. Code §§
									21-5-13 and
				21-5-14(b).
1.3. Filing Date. -- March 23,
				2018.
1.4. Effective Date. -- March
				30, 2018.
1.5. Sunset Date. This
				rule shall terminate and have no further force or effect on March 30,
				2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. This rule applies to the
				West Virginia Division of Labor and all persons subject to or otherwise within
				the purview of the wage bond sections of the Wage Payment and Collection Act,
				W. Va. Code §§
									21-5-1,
				and
				21-5-14
				through
				21-5-16.
2.2. Enforcement. The enforcement of this
				rule is vested with the West Virginia Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.The "Act" means
				the Wage Payment and Collection Act, W. Va. Code §
									21-5-1
et seq.
3.2.
				"Adequate wage bond" means a bond in an amount that is at least equal to an
				employer's gross payroll for 4 weeks at full capacity or production plus 15% of
				that gross payroll.
3.3. "Asset" as
				used in W. Va. Code §
									21-5-14(a)(2)
				includes tangible property such as cash, inventory, real estate, buildings,
				accounts receivable, equipment, and similar items that are owned by the
				employer, minus the amount of the asset's indebtedness, if any.
3.4. "Bona fide benefit plan" means a written
				plan, fund or program into which an employer pays irrevocable contributions to
				a trustee or third party as long as the plan's express purpose is to provide
				exclusively for the payment of benefits to employees.
3.5. "Claimant" means an employee or former
				employee who submits a request for assistance to the Division, alleging that he
				or she is owed unpaid wages or fringe benefits.
3.6. "Covered activity" means construction
				work, as defined in W. Va. Code §
									21-5-1(j),
				or the severance, production or transportation of minerals, as defined in W.
				Va. Code §
									21-5-1(k).
3.7. "Days" means calendar days unless
				otherwise stated.
3.8. "Division"
				means the Division of Labor.
3.9.
				"Request for Assistance" or "RFA" means a document submitted to the Division by
				a claimant alleging that he or she is owed unpaid wages or fringe benefits.
3.10. "Termination," as used in W.
				Va. Code §
									21-5-14(g),
				is synonymous with cancellation, withdrawal, or release.
3.11. "Transportation" means any method,
				other than by rail or by water, of moving minerals, as defined in W. Va. Code
				§
									21-5-1(k),
				from one physical location to another.
3.12. "Wage bond" means a legally enforceable
				written instrument executed by an employer, payable to the Division, which the
				Commissioner can draw upon if the employer defaults on its obligation to pay
				employees their earned wages and fringe benefits.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-4 - Employer Responsibilities; Criteria for Employer Exemptions; Prime Contractor Responsibilities; Required Posting of Notices

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Unless otherwise exempt, an employer
				engaged in or about to engage in a covered activity shall furnish a wage bond
				to the Division.
4.2. In computing
				the amount of a wage bond as required by W. Va. Code §
									21-5-14(a),
				an employer may exclude the wages paid to any individual who owns at least a
				20% interest in the business.
4.3.
				An employer is exempt from posting a wage bond when the employer can
				demonstrate:
4.3.a. that the employer has
				been doing business in this state, as defined in W. Va. Code §
										21-5-1(n),
				with the same employer identification number issued by the Internal Revenue
				Service, for at least one year immediately preceding the Division's evaluation
				of the employer's wage bond status; or
4.3.b. that the employer has been in business
				in another state for at least 5 years immediately preceding the Division's
				evaluation of the employer's wage bond status; or
4.3.c. that the employer has at least
				$100,000.00 in assets immediately preceding the Division's evaluation of the
				employer's wage bond status; or
4.3.d. that the employer is a subsidiary of a
				parent company that has been in business for at least 5 years immediately
				preceding the Division's evaluation of the employer's wage bond
				status.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-5 - Types of Acceptable Wage Bonds; Required Forms

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If an employer presents a check or money
				order as a wage bond, the Commissioner shall only accept them if the employer
				executes the form provided by the Division, authorizing the Commissioner to use
				as much of the cash bond assets as necessary, upon the employer's default, to
				pay employee wages and fringe benefits that are due and owing.
5.2. If an employer presents a certificate of
				deposit as a wage bond, the Commissioner shall only accept it under the
				following circumstances:
5.2.a. The issuing
				bank or credit union has a physical location in this State;
5.2.b. The issuing bank is insured by the
				Federal Deposit Insurance Corporation ("FDIC") or the issuing credit union is
				insured by the National Credit Union Administration ("NCUA");
5.2.c. The issuing bank or credit union
				agrees to automatically renew the certificate of deposit until it is released
				by the Commissioner's express written authorization;
5.2.d. The issuing bank or credit union
				executes the form provided by the Division, acknowledging that it will honor
				the Division's demand for payment of wages and fringe benefits upon an
				employer's default and that it will not allow the employer or anyone else to
				make any withdrawals against the certificate of deposit without the
				Commissioner's express written authorization; and
5.2.e. The employer executes the form
				provided by the Division, authorizing the Commissioner to use as much of the
				certificate of deposit assets as necessary, upon the employer's default, to pay
				employee wages and fringe benefits that are due and owing.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-6 - Employee Claim for Unpaid Wages or Fringe Benefits Against a Wage Bond; Investigation by the Division

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An
				employee or former employee whose wages or fringe benefits are secured by a
				wage bond and who reasonably believes that he or she is owed unpaid wages or
				fringe benefits, shall submit a request for assistance ("RFA") to the Division,
				and shall provide the Division with any documents in support of such
				claim.
6.2. Upon receipt of an RFA,
				the Division shall place a hold on the employer's wage bond so that the bond is
				not eligible for release until all matters concerning the claim have been
				resolved.
6.3. The Division shall
				investigate the merits of the claim and shall make a determination about
				whether the employer has failed to pay wages or fringe benefits.
6.4. If the Commissioner determines that an
				employee has not been paid his or her wages or fringe benefits, the
				Commissioner shall make a written demand of the employer to pay the wages and
				fringe benefits that are owed.
6.5.
				If the employer does not make payment of the wages and fringe benefits or
				otherwise fails to respond to the demand within the time frame established by
				the Commissioner, not to exceed 30 days, the Commissioner shall certify the
				claim to the State Treasurer, the surety, the bank, or the credit union for
				payment of the wages and fringe benefits from the wage bond.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-7 - Payment from Wage Bond Proceeds Directly to a Bona Fide Benefit Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
The Division shall pay wage bond proceeds directly to a bona
				  fide benefit plan only under the following conditions:
7.1. Pursuant to a court order; or
7.2. Pursuant to a written, notarized
				authorization executed by an employee or former employee.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-8 - Employer's Request to the Commissioner to Waive the Wage Bond Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Upon receiving
				a request from an employer, the Commissioner may waive the wage bond
				requirements of the Act or this rule, if he or she determines that the employer
				is of sufficient financial responsibility to pay wages and fringe
				benefits.
8.2. An employer seeking
				a waiver of the Act's wage bond requirements shall apply in writing to the
				Commissioner. The application shall include notarized financial statements
				prepared in accordance with generally accepted accounting principles covering
				at least the 2 most recent years of operation, and shall include the following
				documents:
8.2.a. A balance sheet or
				statement of the employer's financial position;
8.2.b. A statement of the employer's revenues
				and expenses;
8.2.c. A statement of
				any change in the employer's financial position;
8.2.d. Related notes of financial
				disclosure;
8.2.e. A statement of
				the length of time the employer has been in business;
8.2.f. A statement of the length of time the
				employer has been in business in this State;
8.2.g. A statement of the length of time the
				employer has had employees; and
8.2.h. If the employer is a subsidiary of a
				parent company, the name and address of the parent company, and the names,
				titles and addresses of the parent company's officers and members of the board
				of directors, if any.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-33 - Employer Wage Bonds › Section 42-33-9 - Release of a Wage Bond by the Commissioner

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. An employer may apply to the
				Commissioner for the release of a wage bond after the employer has been doing
				business in this State, as defined in W. Va. Code §
									21-5-1(n),
				for 1 year.
9.2. To apply for the
				release of a wage bond, an employer shall certify by sworn affidavit that the
				following has occurred:
9.2.a. The employer
				has ceased doing business in this State and all wages and fringe benefits owed
				to employees have been paid; or
9.2.b. The employer has been doing business
				in this State for 1 year without any change in the business structure, entity
				or form and all wages and fringe benefits owed to employees have been paid;
				or
9.2.c. The employer is no longer
				engaged in a covered activity; or
9.2.d. The employer is still actively engaged
				in a covered activity, but does not have employees; or
9.2.e. The employer has been in business in
				another state for at least 5 years; or
9.2.f. The employer has at least $100,000 in
				assets; or
9.2.g. The employer is a
				subsidiary of a parent company that has been in business for at least 5 years;
				and
9.2.h. The employer has
				notified all employees working in West Virginia whose wages are or were covered
				by the bond that (1) the employer has applied to the Commissioner for a release
				of the wage bond and (2) if the employees have a wage claim they must promptly
				notify the Commissioner so that the Division can resolve the claims prior to
				releasing the bond.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule governs licensing,
				fees, examinations, and penalties for violations in accordance with
				§
									21-16-1
et seq.
, §
									21-1E-1
et seq
.,
				and §
									21-17-1
et seq
.
1.2. Authority. -- W. Va. Code §
									21-16-5,
				§
									21-1E-4, and §
									21-17-12.
1.3. Filing Date. -- March 31,
				2023.
1.4. Effective Date. -- May
				1, 2023.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to all persons and matters governed
				or otherwise within the jurisdiction of the Regulation of Heating, Ventilating,
				and Cooling Act, W. Va. Code §
									21-16-1
et seq
.
2.2. Enforcement. The enforcement of this
				legislative rule is vested in the West Virginia Division of Labor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means the Regulation of Heating,
				Ventilating, and Cooling Work Act, W. Va. Code §
									21-16-1
et
				seq
.
3.2. "Cease and
				desist order" means an order issued by the Division of Labor pursuant to the
				Act and this rule to an unlicensed person who performs work for which a license
				is required.
3.3. "Classification"
				or "scope of work" means the scope of practice of an HVAC technician, HVAC
				residential technician, or HVAC technician-in-training as defined in W. Va.
				Code §
									21-16-4.
3.4.
				"Commissioner" means the Commissioner of the West Virginia Division of Labor
				and his or her authorized representatives.
3.5. "Direct supervision" means the
				direction, oversight, and control of a licensed HVAC technician-in-training's
				work by a licensed HVAC technician or a licensed HVAC residential technician.
				"Direct supervision" also means the direction, oversight, and control of a
				licensed HVAC residential technician by a licensed HVAC technician on
				non-residential HVAC systems.
3.6.
				"Division" means the West Virginia Division of Labor and its authorized
				representatives.
3.7.
				"Employer-sponsored training program" means a planned curriculum, approved by
				the Commissioner, that includes training in workplace and technical
				competencies.
3.8. "HVAC work"
				means heating, ventilating, and air conditioning or cooling work, but does not
				include work on refrigeration lines, steam lines, or hydronics.
3.9. "ICC" refers to the International Code
				Council, 500 New Jersey Avenue NW, 6th Floor,
				Washington, D.C. 20001.
3.10.
				"Immediate family," as used in W. Va. Code §
									21-16-3(d)(1), means a
				person's parents, spouse, sibling, or child.
3.11. "Non-residential heating, ventilating,
				and cooling system" means any system:
3.11.1.
				Consisting of more than four separate heating, ventilating, and cooling units
				with a combined capacity of more than 20 tons - 520,000 BTUs;
3.11.2. Used in commercial structures over
				5,000 square feet;
3.11.3. Where
				fire dampers are used or required; or
3.11.4. Consisting of packaged rooftop
				units.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
The International Mechanical Code and the International
				  Residential Code for One-and-Two-Family Dwellings, published by the ICC and as
				  adopted by the West Virginia State Fire Commission in 87 CSR 4, are
				  incorporated herein in their entirety by reference.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-5 - Licensure Required

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Except as
				otherwise provided in the Act, no person may perform or offer to perform HVAC
				work in this state without a license.
5.2. Any person licensed pursuant to the
				provisions of the Act and this rule shall carry proof of a valid license at all
				times when performing HVAC work in this state.
5.3. A license issued pursuant to the Act and
				this rule is not transferable.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-6 - Licensure of HVAC Technicians; Veteran Qualifications for HVAC Technician Licensure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person
				desiring to be licensed as an HVAC technician shall submit a completed
				application/affidavit requesting licensure to the Commissioner on forms
				supplied by the Division and pay the applicable license fee as prescribed in
				section 10 of this rule.
6.2. All
				applicants for an HVAC technician license shall pass a required written
				examination, except in the case of an applicant seeking licensure in accordance
				with section 15 of this rule.
6.3.
				All applicants for an HVAC technician license shall submit proof completion of
				at least 2,000 hours of HVAC-related work, training, and experience:
Provided
, That an applicant who has served as a member of any
				branch of the United States Armed Forces, the National Guard, or armed forces
				reserve may submit proof of the applicant's completion of a course of
				instruction required to qualify him or her for rating as an HVAC technician or
				other equivalent rating in lieu of proof that the applicant completed at least
				2,000 hours of HVAC-related work, training, and experience. Training and
				experience may include, but is not limited to, the successful completion of an
				HVAC-related training program acquired through career technical education
				provided by the state's public schools, an apprenticeship program, or an
				employer-sponsored program as defined in subsection 3.7 of this rule.
6.4. An HVAC technician license is valid for
				up to one year unless sooner suspended or revoked by the
				Commissioner.
6.5. A licensed HVAC
				technician may renew the license on or before its expiration date by submitting
				a renewal application on forms supplied by the Division and paying the
				applicable renewal fee as prescribed in section 10 of this rule. The
				Commissioner shall provide each licensee with a renewal notice at least 45 days
				in advance of the license's expiration date. If the renewal application is
				received or postmarked more than 15 days after the license's expiration date,
				the licensee shall pay a late fee of $25 in addition to the annual renewal fee:
Provided
: That a license that has been expired for 90 days or
				more cannot be renewed.
6.6. A
				duplicate license may be issued upon receipt of a written request to the
				Commissioner from the licensee. The Commissioner may charge $10 fee for a
				duplicate license.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-7 - Licensure of HVAC Residential Technicians

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Any person desiring to be licensed as an HVAC residential technician shall
				submit a completed application/affidavit requesting licensure to the
				Commissioner on forms supplied by the Division and pay the applicable license
				fee as prescribed in section 10 of this rule.
7.2. All applicants for an HVAC residential
				technician license shall pass a required written examination, except in the
				case of an applicant seeking licensure in accordance with section 15 of this
				rule.
7.3. An HVAC residential
				technician license is valid for up to one year unless sooner suspended or
				revoked by the Commissioner.
7.4. A
				licensed HVAC residential technician may renew the license on or before its
				expiration date by submitting a renewal application on forms supplied by the
				Division and paying the applicable renewal fee as prescribed in section 10 of
				this rule. The Commissioner shall provide each licensee with a renewal notice
				at least 45 days in advance of the license's expiration date. If the renewal
				application is received or postmarked more than 15 days after the license's
				expiration date, the licensee shall pay a late fee of $25 in addition to the
				annual renewal fee:
Provided
: That a license that has been
				expired for 90 days or more cannot be renewed.
7.5. A duplicate license may be issued upon
				receipt of a written request to the Commissioner from the licensee. The
				Commissioner may charge $10 fee for a duplicate license.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-8 - Licensure of HVAC Technicians-In-Training

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Any person desiring to be licensed as an HVAC technician-in-training shall
				submit a completed application/affidavit requesting licensure to the
				Commissioner on forms supplied by the Division and pay the applicable license
				fee as prescribed in section 10 of this rule.
8.2. An HVAC technician-in-training's license
				is valid for up to one year unless sooner suspended or revoked by the
				Commissioner.
8.3. A licensed
				technician-in-training may renew the license on or before its expiration date
				by submitting a renewal application on forms supplied by the Division and
				paying the applicable renewal fee as prescribed in section 10 of this rule. The
				Commissioner shall provide each licensee with a renewal notice at least 45 days
				in advance of the license's expiration date. If the renewal application is
				received or postmarked more than 15 days after the license's expiration date,
				the licensee shall pay a late fee of $25 in addition to the annual renewal fee:
Provided
: That a license that has been expired for 90 days or
				more cannot be renewed.
8.4. A
				duplicate license may be issued upon receipt of a written request to the
				Commissioner from the licensee. The Commissioner may charge $10 fee for a
				duplicate license.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-9 - Supervision Ratios

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. On
				residential HVAC work, a licensed HVAC technician or licensed HVAC residential
				technician may directly supervise no more than four licensed HVAC
				technicians-in-training.
9.2. On
				non-residential HVAC work, a licensed HVAC technician may directly supervise no
				more than two licensed technicians-in-training and licensed HVAC residential
				technicians.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-10 - Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An initial
				or renewal applicant for an HVAC technician license shall pay a $75 annual
				license fee:
Provided
, That no license fee shall be charged if
				the applicant is licensed as an HVAC contractor pursuant to W. Va. Code
				§
									30-42-1
et seq
.
10.2. An initial or renewal applicant for an
				HVAC residential technician license shall pay a $50 annual license
				fee.
10.3. An initial or renewal
				applicant for an HVAC technician-in-training license shall pay a $25 annual
				license fee.
10.4. Any renewal
				application that is received or postmarked more than 15 days after the
				license's expiration date shall pay a $25 late fee in addition to the annual
				license fee.
10.5. The Commissioner
				may charge a $10 fee for a duplicate license upon receipt of a written request
				from the licensee.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-11 - Examination Required for HVAC Technicians and HVAC Residential Technicians

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Any person desiring to be licensed as
				an HVAC technician or HVAC residential technician under the provisions of the
				Act and this rule shall take the examination required for the desired
				classification and obtain a minimum score of at least 70%.
11.2. The HVAC technician examination shall
				be designed to test the applicant's knowledge of the standards adopted in
				section 4 of this rule that are applicable to an HVAC technician's scope of
				work for the installation, repair, and maintenance of HVAC systems.
11.3. The HVAC residential technician
				examination shall be designed to test the applicant's knowledge of the
				standards adopted in section 4 of this rule that are applicable to an HVAC
				residential technician's scope of work for the installation, repair, and
				maintenance of residential HVAC systems:
Provided
, That the
				HVAC residential technician examination shall be developed in consultation with
				HVAC industry representatives.
11.4. The Commissioner shall provide for
				written examinations for HVAC technician and HVAC residential technician
				license applicants and shall establish an examination fee schedule for the
				administration of examinations. The Commissioner may:
11.4.1. Contract with a private testing agent
				to conduct examinations, in which case applicants shall pay the examination fee
				directly to the testing agent; or
11.4.2. Develop examinations and examination
				procedures and conduct examinations, in which case applicants shall pay the
				examination fee directly to the Division in advance of the
				examination.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-12 - Denial, Suspension, Revocation, and Reinstatement of Licenses; Investigations; Grounds for Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Commissioner may deny, suspend,
				revoke, or reinstate a license in accordance with the provisions of the Act and
				this rule. A violation of the Act or this rule is grounds for the denial,
				suspension, revocation, or refusal to reinstate a license and permits the
				imposition of disciplinary action.
12.2. Upon receipt of a complaint or upon his
				or her own inquiry, the Commissioner shall conduct an investigation to
				determine whether there are grounds for disciplinary action against a licensee.
				All complaints shall be in writing and include the name, address, and phone
				number of the complainant. The Commissioner shall provide a copy of the
				complaint to the licensee.
12.3.
				Any disciplinary action against a licensee may not be imposed without notice to
				the licensee and opportunity for a hearing in accordance with the provisions of
				W. Va. Code §
									29A-5-1
et seq
.
12.3.1. The Commissioner may conduct the
				hearing or appoint a hearing examiner.
12.3.2. A licensee has a right to attend the
				hearing in person, to be represented by an attorney at law licensed to practice
				in West Virginia, or to submit a written response to the Commissioner, and may
				offer testimony and submit relevant factual information:
Provided
, That if the licensee receives proper notice of the
				hearing, the licensee's failure to attend the hearing does not preclude the
				imposition of disciplinary action.
12.3.3. If the Commissioner appoints a
				hearing examiner to conduct the hearing, the hearing examiner shall submit a
				recommended decision to the Commissioner within 10 days of conclusion of the
				hearing. The hearing examiner may recommend the imposition of any appropriate
				disciplinary action permitted by the Act or this rule. The Commissioner shall
				accept, reject, or modify the hearing examiner's recommended decision and issue
				a final order within 10 days of receipt of the recommended decision.
12.3.4. If the Commissioner conducts the
				hearing and concludes that a violation of the Act or this rule occurred, the
				Commissioner shall issue a final order within 10 days of the hearing's
				conclusion and may impose any disciplinary action permitted by the Act or this
				rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-13 - Cease and Desist Order; Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Upon a determination that a person is
				engaged in HVAC work in this state without a valid license, the Division shall
				issue a cease and desist order requiring that person to immediately cease all
				operations in this state. The person can immediately engage in HVAC work upon
				issuance of a license.
13.2. Any
				person continuing to engage in HVAC work after the issuance of a cease and
				desist order is subject to a penalty of not less than $200 nor more than $1,000
				as set forth in W. Va. Code §
									21-16-8.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-14 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person adversely affected by an action of the
				  Commissioner may appeal in accordance with the provisions of W. Va. Code
				  §
									29A-5-1
et seq
.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-34 - Regulation of Heating, Ventilating and Cooling Work › Section 42-34-15 - Reciprocity; Work Experience

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. To the
				extent that other states license or issue other authorization to practice for
				HVAC technicians, HVAC residential technicians, or HVAC
				technicians-in-training, and have requirements equivalent to the Act and this
				rule, the Commissioner, in his or her discretion, may grant licenses of the
				same classification without examination to technicians licensed or authorized
				by other states, as follows:
15.1.1. The
				applicant has provided satisfactory proof of his or her qualifications,
				including the applicant's compliance with all requirements of W. Va. Code
				§
										21-17-3(a); and
15.1.2. The
				applicant has paid the applicable license fee as prescribed in section 10 of
				this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This rule governs the
				voluntary registration of service persons and service agencies, and the
				issuance of certificates of registration.
1.2. Authority. -- W. Va. Code
				§§
									47-1-3(c), 47-1-8(b).
1.3. Filing Date. -- April 5, 2023.
1.4. Effective Date. -- April 5,
				2023.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect on August 1,
				2028.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-35 - Registration of Service Persons and Service Agencies › Section 42-35-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to the voluntary registration of service persons
				and service agencies.
2.2.
				Enforcement. The enforcement of this legislative rule is vested in the West
				Virginia Division of Labor.