reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-7 - Licensure of Accessibility Technicians; LULA Elevator Endorsement

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any person
				desiring to be licensed as an accessibility 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 12 of this rule.
7.2. All
				applicants for an accessibility technician license shall meet the requirements
				as set forth in W. Va. Code §
									21-3C-10a(d).
7.3. Any accessibility technician licensee
				desiring a LULA elevator endorsement shall meet the requirements as set forth
				in W. Va. Code §
									21-3C-10a(d)(3).
7.4. An accessibility technician's license or
				an accessibility technician license with a LULA elevator endorsement is valid
				for up to two years from the date on which it was issued unless sooner
				suspended or revoked by the Commissioner.
7.5. An accessibility technician's license or
				an accessibility technician license with a LULA elevator endorsement expires on
				the last day of the anniversary month from the month of initial
				licensure.
7.6. An accessibility
				technician licensee or an accessibility technician licensee with a LULA
				elevator endorsement 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 12 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 $50 reinstatement fee in addition to the biennial
				renewal fee:
Provided
, That a license that has been expired
				for 90 days or more cannot be renewed/reinstated.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-8 - Licensure of Limited Technicians

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any person desiring to be licensed as a
				limited 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 12 of this rule.
8.2. All applicants for a limited technician
				license shall meet the requirements as set forth in W. Va. Code §
									21-3C-10a(e).
8.3. A limited technician's license is valid
				for up to two years from the date on which it was issued unless sooner
				suspended or revoked by the Commissioner.
8.4. A limited technician's license expires
				on the last day of the anniversary month from the month of initial
				licensure.
8.5. A limited
				technician licensee 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 12 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 $50 reinstatement fee in addition to the biennial
				renewal fee:
Provided
, That a license that has been expired
				for 90 days or more cannot be renewed/reinstated.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-8A - LWork Not Permitted Under a Limited Technician License

Current through Register Vol. XLI, No. 28, July 12, 2024
A limited technician may not replace any of the
				  following:
8A.1. Governors;
8A.2. Sheave wheels or bearings;
8A.3. Cables and shackles;
8A.4. Ring gears and worn gears;
8A.5. Buffers;
8A.6.  Traveling cables;
8A.7. Hydro pumps;
8A.8. Hydro pump motors;
8A.9. Hydro valve chests;
8A.10. Jack packing and seals; and
8A.11.  Rope grippers.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-9 - Registration of Elevator Apprentices

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Any person desiring to be registered as
				an elevator apprentice shall submit a completed application/affidavit
				requesting registration to the Commissioner on forms supplied by the
				Division.
9.2. Pursuant to W. Va.
				Code §
									21-3C-10a(f), all
				elevator apprentices are required to be currently enrolled in an elevator
				apprentice program and in good standing.
9.3. An elevator apprentice's certificate of
				registration is valid for up to two years unless sooner suspended or revoked by
				the Commissioner.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-10 - Emergency Requests for Elevator Mechanic or Accessibility Technician License

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. If
				the number of persons holding current elevator mechanic or accessibility
				technician licenses is insufficient to respond to a declared state of
				emergency, a licensed elevator contractor may request that the Commissioner
				issue an emergency elevator mechanic or accessibility technician license to a
				person certified by the contractor to have an acceptable combination of
				documented experience and education to perform elevator work without direct
				supervision.
10.1.1. A licensed elevator
				contractor shall submit a notarized affidavit to the Commissioner certifying
				that the emergency license applicant has an acceptable combination of
				documented experience and education for the applicable license
				classification.
10.1.2. An
				applicant shall apply for the applicable emergency license classification
				within five business days after commencing work requiring a license.
10.1.3. An emergency license issued in
				accordance with the provisions of this section shall identify the specific
				elevators, accessibility equipment, or geographical areas where the emergency
				licensee is authorized to work.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-11 - Requests for Temporary Elevator Mechanic License

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If there are no licensed elevator
				mechanics available, a licensed elevator contractor may request that the
				Commissioner issue a temporary elevator mechanic license to a person certified
				by the contractor to have an acceptable combination of documented experience
				and education to perform elevator work without direct supervision.
11.1.1. A licensed elevator contractor shall
				submit a notarized affidavit to the Commissioner certifying that the temporary
				elevator mechanic license applicant has an acceptable combination of documented
				experience and education.
11.1.2.
				The applicant shall apply for a temporary elevator mechanic license prior to
				commencing elevator work.
11.1.3. A
				temporary license issued in accordance with the provisions of this section
				shall identify the specific elevators or geographical areas where the licensee
				is authorized to work.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-12 - Licensure Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. An initial
				or renewal applicant for an elevator mechanic license, accessibility technician
				license, or limited technician license shall pay a $180 biennial license fee:
Provided
, That no license fee shall be charged if the
				applicant is a licensed contractor pursuant to W. Va. Code §
									30-42-1
et seq
.
				and has paid a contractor license fee.
12.1.1.
				If a renewal application is received or postmarked more than 15 days after the
				license's expiration date, the licensee shall pay a $50 reinstatement fee in
				addition to the $180 biennial renewal fee.
12.1.2. A license that has been expired for
				90 days or more cannot be renewed/reinstated.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-13 - Denial, Suspension, Revocation, or Reinstatement of Licenses or Certificates of Registration; Investigations; Grounds for Disciplinary Action

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				Commissioner may deny, suspend, revoke, or reinstate a license or certificate
				of registration 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 or certificate of registration
				and permits the imposition of disciplinary action.
13.2. 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
				or registrant. 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 or registrant.
13.3. Disciplinary action may not be imposed
				without providing the licensee or registrant with notice and opportunity for a
				hearing in accordance with the provisions of W. Va. Code §
									29A-5-1
et seq
.
13.3.1. The Commissioner may conduct the
				hearing or appoint a hearing examiner.
13.3.2. A licensee or registrant has a right
				to attend the hearing in person, to be represented by an attorney licensed to
				practice in this state, or to submit a written response to the Commissioner,
				and may offer testimony and submit relevant factual information:
Provided
, That if the licensee or registrant receives proper
				notice of the hearing, the licensee's or registrant's failure to attend the
				hearing does not preclude the imposition of disciplinary action.
13.3.3. If a hearing examiner is appointed,
				the hearing examiner shall submit a recommended decision to the Commissioner
				within 10 days of the hearing's conclusion. 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.
13.3.4. If the Commissioner conducts the
				hearing, he or she shall issue a final order within 10 days of the hearing's
				conclusion. If the Commissioner concludes that a violation of the Act or this
				rule occurred, he or she may impose any appropriate 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 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-14 - Cease and Desist Orders; Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Upon a determination that a person is
				engaged in elevator 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 elevator
				work upon issuance of a license.
14.2. Any person continuing to engage in
				elevator 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
				§
									21-3C-12(b).
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-15 - Appeals

Current through Register Vol. XLI, No. 28, July 12, 2024
Any person adversely affected by a final order of the
				  Commissioner may appeal the order to the Intermediate Court of Appeals as
				  provided in W. Va. Code §
									51-11-1
et seq
.
				  and §
									29A-5-4.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21A - Licensing of Elevator Mechanics, Accessibility Technicians and Limited Technicians and Registration of Elevator Mechanic Apprentices › Section 42-21A-16 - Reciprocity; Work Experience

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				To the extent that other states license or issue other authorization to
				practice for elevator mechanics, accessibility technicians, limited
				technicians, or elevator mechanic apprentices, 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 elevator mechanics,
				accessibility technicians, limited technicians, or elevator mechanic
				apprentices licensed or authorized by other states, as follows:
16.1.1. 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
16.1.2. The applicant has paid
				the applicable license fee as prescribed in section 12 of this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-22 - Regulation Of Trade, Weights, And Measures › Section 42-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs the enforcement of W. Va. Code §
									47-1-1, et
				seq, Regulation of Trade, Weights and Measures as it relates only to the
				definition of terms, Uniform Regulation for National Type Evaluation, uniform
				regulation of the voluntary registration of servicepersons and service agencies
				for commercial weighing and measuring devices, and uniform regulation for motor
				fuel.
1.2. Authority. -- W. Va.
				Code §
									47-1-3(c).
1.3. Filing Date. -- April 4, 2003.
1.4. Effective Date. -- April 5,
				2003.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-22 - Regulation Of Trade, Weights, And Measures › Section 42-22-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application. This legislative rule
				applies to the West Virginia Division of Labor and all persons, materials and
				transactions governed by or otherwise within the jurisdiction of the
				Division.
2.2. Enforcement. The
				enforcement of this legislative 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 42-22 - Regulation Of Trade, Weights, And Measures › Section 42-22-3 - Definition

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The term
				"commissioner" means the commissioner of the West Virginia Division of
				Labor.
3.2. The term
				"remanufactured devices" means the overhaul, or replacement of parts to a
				weighing or measuring device which enable a device to be sold to a new owner,
				in a new location.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-22 - Regulation Of Trade, Weights, And Measures › Section 42-22-4 - Uniform Regulation For National Type Evaluation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All new weighing and measuring devices
				placed into commercial service in West Virginia after March 31, 1994, shall
				have a National Type Evaluation Program (NTEP) Certificate of Conformance as
				required by the National Institute of Standards and Technology (NIST) Handbook
				130.
4.2. All weighing and
				measuring devices, in commercial use in West Virginia prior to March 31, 1994,
				are not required to have an NTEP Certificate of Conformance, provided:
(a) The device meets or exceeds all
				applicable requirements of NIST Handbook 44;
(b) The device is suitable for its intended
				use;
(c) The device is registered
				with the Weights and Measures Section of the West Virginia Division of Labor
				under the provisions of W. Va. Code §
										47-1-21;
				and
(d) The device remains the
				property of the original registered owner or in the original registered
				location.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-22 - Regulation Of Trade, Weights, And Measures › Section 42-22-5 - Uniform Regulation of the Voluntary Registration of Service persons and Service Agencies for Commercial Weighing and Measuring Devices

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The
				Commissioner shall establish minimum qualifications with regards to, but not
				limited to, training and experience for service agencies and service persons,
				and establish testing relative to W. Va. Code §
									47-1-1, et
				seq, REGULATION OF TRADE, WEIGHTS AND MEASURES, and REGULATION OF TRADE,
				WEIGHTS AND MEASURES 42 CSR 22. Further, the Commissioner may require remedial
				or continuing education as considered necessary to maintain minimum levels of
				competency.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-22 - Regulation Of Trade, Weights, And Measures › Section 42-22-6 - Uniform Regulation For Motor Fuel

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The National Conference on Weights and
				Measures (NCWM) handbook 130, as published by the National Institute of
				Standards and Technology (NIST), has been adopted by W.Va. Code §
									47-1-11
				as the applicable standards for the regulation of motor fuels and heating and
				fuel oils, with the following exception: Within handbook 130, Uniform Engine
				Fuels, Petroleum Products, and Automotive Lubricants regulations, sub-section
				one of section seven adopts five test methods to be used to determine
				compliance with the applicable premium diesel parameters:
(a) energy content,
(b) Cetane number,
(c) low temperature operability,
(d) thermal stability, and
(e) fuel injector cleanliness. he division of
				labor does not adopt (e), "fuel injector cleanliness" as an acceptable testing
				method. election and proven analysis as per the stated test methods of two (2)
				of the four (4) remaining properties shall constitute premium diesel fuel for
				the state.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule applies to all "bungee jumping", as that tern is defined in the W. Va.
				Code '21-12-1 et
				seq.
1.2. Authority. -- W. Va. Code
				'
				21-12-3.
1.3. Filing Date. --- April 1,
				1996.
1.4. Effective Date. -- April
				1, 1996.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-3 - Permit required, application and fees

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 Prior to the initial use of any bungee
				jumping site in this state, the owner or operator of the site shall obtain a
				permit from the Division. No permit shall be issued by the commissioner until
				after the receipt of a complete application, payment of fees, and receipt of a
				report from an inspector of the Division certifying that the site has been
				inspected and found to be safe for public use.
3.2. Each application for a permit must be
				received by the Commissioner not less than seven (7) days prior to the first
				intended date of operation. Each application shall include the following
				information:
a. The name(s) and address(s) of
				both the owner and the operator of the bungee jumping site and
				equipment;
b. The name of the
				state(s) under where the owner(s) and operator(s) is incorporated, if a
				corporation; and proof of a West Virginia Certificate of Authority, if a
				non-West Virginia corporation;
c.
				The make, model, and serial number of the bungee jumping device, and the name
				and address of the manufacturer if the device is portable or subject to
				relocation;
d. Acceptable evidence
				of the liability insurance policy, bond or other security covering the bungee
				jumping site. The Commissioner may, at his or her discretion, require
				submission of the complete copy of the insurance policy;
e. A copy of the request for inspection by
				the Division or a copy of the actual inspection report;
f. A copy of the bungee jump site operations
				manual as approved by the Division or a copy of the manual and a request for
				approval;
g. For portable/transient
				operations:
1. A complete list of all
				scheduled appearances in West Virginia, including the dates and locations;
				and
2. The names and addresses of
				sponsors or land owners at each location where operation is planned; and h. All
				such other relevant information as the Commissioner may consider necessary for
				the enforcement of this article.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-4 - Records to be kept

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				operator shall maintain a jump log which shall include, at a minimum, the
				following information:
a. The name, address
				and telephone number of the jumper;
b. The weight of the jumper as determined on
				an accurate weighing device;
c. The
				age of the jumper;
d. The method of
				age verification;
e. Where parental
				consent is required, the name, address and signature of at least one parent or
				legal guardian;
f. The
				identification numbers of the cords and harnesses used;
g. The date and time of the jump;
h. Notations of any medical factors relative
				to the jumper; and i. The signature of the jump master.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-5 - Inspection

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No bungee
				jumping site may be operated in this state without having first been inspected
				by the Division and certified safe for public use. Each site nay be inspected
				at any time during the permit period, but at no less interval than once in each
				twelve (12) months.
5.2. The owner
				or operator shall, prior to construction or assembly, submit a report to the
				Division which contains the total site plans, safety zones, drawings and
				specifications of equipment and structures, and a copy of the site operating
				manual described in section fifteen of this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-6 - Site, equipment, and general requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The operator shall maintain a side
				safety zone around the jump zone of no less than twenty (20) feet in all
				directions at each bungee jumping site. The side safety zone must be clear of
				all obstructions and persons other than staff.
a. Where jumps occur over water, the water
				shall be at least nine (9) feet deep. The vertical safety space shall be at
				least sixty (60) inches above the water. However, if the depth of the water is
				greater than nine (9) feet, no vertical safety space is required.
b. Where jumps occur over land an air bag or
				net must be used. The vertical safety space shall be at least sixty (60) inches
				above the air bag or net.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-7 - Testing requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				All jump rigging, harnesses, lowering system and safety gear shall be regularly
				inspected and tested by the operator as set forth in the operating manual.
				Inspections, findings and corrective action shall be recorded in the site
				log.
7.2. The operator shall
				immediately replace all hardware subjected to abnormal loadings, impacts
				against hard surfaces, or surface damage.
7.3 The operator shall inspect visually and
				by feel, all ropes, webbing and bindings shall for signs of wear, fraying, or
				damage by corrosive substances, in accordance with the site operating
				manual.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-8 - Replacement of rigging and equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1 Replacement equipment for the following
				items shall always be available on site:
a.
				Bungee cords;
b. All
				ropes;
c. Rigging
				hardware;
d. Binding and ankle
				strapping for jumpers;
e. Jump
				harnesses;
f. safety harnesses; and
				g. Life lines and clips.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-9 - Identification of equipment, rigging, bungee cord and safety equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Each piece of
				equipment, rigging, bungee cord and safety equipment shall have its own
				permanent identification number. The number shall be unique and, upon
				destruction of the item, the number shall be retired.
9.2. The form of the identification shall not
				damage or detract from the integrity of the material.
9.3. The identification shall be clearly
				visible to the operators during daily operations.
9.4. The operator shall record the
				identification of each piece of equipment in the site operations
				manual.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-10 - Jump zone requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				The following requirements apply where the jump zone is over land:
a. A net or air bag shall be used. The net or
				air bag shall be designed to provide total coverage of the jump zone, which
				must be defined in the site operating manual. The net or air bag shall be rated
				for the maximum free fall height possible from the platform during
				operation;
b. The net or air bag
				shall be in position before jumper preparation commences on the
				platform;
c. Upon completion of a
				jump, the jumper shall be lowered onto the net or air bag, or other designated
				landing pad approved by the Division;
d. The jump zone shall be free of spectators
				at all times;
e. The jump zone
				shall be free of any equipment or staff when a jumper is being prepared on the
				platform and until the bungee cord is at its static extended state; and f. A
				place for the jumper to sit and recover shall be provided close to, but outside
				the jump zone.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-11 - Site requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Adequate storage shall be provided to protect equipment from physical, chemical
				and ultra-violet ray damage. The storage area shall be secured against
				unauthorized entry.
11.2. There
				shall be a public address system in operation during all hours of business,
				There shall be a radio communication link between the platform and the jump
				zone, the boat (for landings over water) and the recovery area
11.2. All staff must wear clothing or other
				identification that makes then readily identifiable as staff.
11.4. Instructions to jumpers shall be placed
				at the entrance to the site.
11.5.
				There shall be a means of communication to local emergency services within two
				hundred (200) feet of the operation.
11.6. Operator(s) shall allow jumps only
				under the direct control of a jump master.
11.7. Adjustments for the weight of each
				jumper shall be made by the jump master=s selection of bungee cord and length
				bf webbing or rope attached to the bungee cord.
11.8. A clearly visible sign shall be erected
				listing the medical and age restrictions for jumpers.
11.9. The operator shall brief all staff
				before each day's operations. This briefing shall include assignment of the
				designated jump master where more than one jump master is on site.
11.10. The operator shall record all
				registration information on jumpers in accordance with section four of this
				rule. All registration information required shall be recorded in the jump
				log.
11.11. Jumper preparation
				shall include: information to the jumper on jumping, landing, lowering, and
				recovery procedures; completing harness or binding activities; final inspection
				by the jump master; return of the jumper to the public area; and retrieval of
				the bungee cord to the platform or storage location.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-12 - Jumper requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				The minimum age for jumping is eighteen (18) years of age. However, persons
				between sixteen (16) and eighteen (18) years of age may be allowed to jump with
				the written consent, and in the presence of, a parent or legal guardian.
				Parental or legal guardian consent shall be documented in the jump log to
				include the signature of the parent or guardian. No person below the age of
				sixteen (16) years of age is allowed to jump.
12.2. Proof of age is required and must be
				entered into the jump log.
12.3.
				Any jumper who, in the opinion of the JumpMaster, represents a danger to
				themselves or others shall not be allowed to jump.
12.4. Jumpers who, in the opinion of the Jump
				Master, are visibly in an intoxicated state shall not be allowed to
				jump.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-13 - Injury and damage

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				operator shall report all serious physical injuries and fatalities to the
				Division within twenty-four (24) hours of occurrence. The site shall be closed
				immediately upon occurrence of a serious physical injury or fatality and remain
				closed until the Division reopens it. The area shall be secured as to prevent
				tampering with or removal of potential evidence.
13.2. All-injuries, damages or incidents
				shall be recorded in a log established and maintained for that purpose and made
				available for inspection by the Division.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-14 - Staff and duties

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				minimum age for staff shall be twenty-one (21) years of age.
14.2. To qualify as jump master for a bungee
				jumping site, a person shall complete two hundred and fifty (250) jumps under
				supervision, and have complete knowledge of all aspects of the
				operation.
14.3. The staff of a
				bungee jumping operation shall include at least three (3) persons, with the
				following roles:
a. Jump Master. The
				designated jump master shall have control aver the operation and is responsible
				and accountable for the operation of the site. A jump master is the only person
				who may take the jumper through the final stages of preparation to the jump
				take-off. The jump master is responsible for the training of other staff and
				shall have thorough knowledge of the site equipment; procedures and staff. The
				jump master is responsible for checking selection of the bungee cord and
				adjusting the rigging at each jump platform. The jump master must possess
				certification of training in first aid and emergency procedures;
b. Jump Operator. The jump operator assists
				the jump master to prepare the juniper; assists the jumper into harnesses;
				safety belts, and other equipment; attaches the jumper to rigging; and operates
				the lowering system. The jump operator may carry out landing/recovery operator
				duties and assists in controlling the public;
c. Landing/Recovery operator. The
				landing/recovery operator assists the jumper to land on the net, air bag or
				landing pad; assists the jumper to the recovery area; and assists in
				controlling the public;
d.
				Registration clerk. The registration clerk=s duties include; registration of
				the jumper; maintenance of the jump log; weighing of the jumper; controlling
				movement of a jumper to the jump platform; and controlling or assisting to
				control the public; and e. Boat operator. The boat operator's duties include
				operating the landing and/or emergency boat.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-15 - Site operating Manual

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The operator shall maintain a site
				operating manual, approved by the Division, at each bungee jumping site. The
				site operating manual shall describe the system of operation to be used and
				shall include, but not be limited to, the following elements:
a. A site plan showing a plan view of the
				site with all components in place and with fencing and the jump zone
				defined;
b. A site plan showing a
				profile of the jump zone;
c. A
				complete description of all components in the rigging system including a
				manufacturer's specification or laboratory test certificate of each
				component;
d. A complete
				description of all operator, jumper and passenger safety equipment;
e. A complete description of all rescue
				equipment;
f. A complete job
				description of all staff employed on the site, with the minimum qualifications
				for each job, and complete detail of work periods required;
g. A complete description of staff selection
				criteria and the method of verifying an applicant's qualifications;
h. Rules concerning health and safety of
				staff, patrons and the public;
i.
				The owner's or operator's written policies prohibiting staff use of drugs or
				alcohol, and any testing procedures which may be required;
j. A complete description of the training
				program of staff;
k. A complete
				description of the standard operating procedures;
l. A complete description of the procedures
				to be taken in the event of an emergency;
m. A complete description of the procedure
				for reporting to the Division of incidents resulting in serious injury or
				fatality;
n. A complete description
				of the reporting procedure for any incidents which do not result in serious
				injury, but which were not in accord with normal operational
				procedures;
o. A complete
				description of equipment inspection procedures and the logging of those
				inspections;
p. A complete
				description of maintenance procedures;
q. A complete description of redundancy
				criteria and procedures for- all equipment; and r. A complete description of
				the method of identifying or labeling all equipment;
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-23 - Commercial Bungee Jumping Safety Act › Section 42-23-16 - Emergency provisions and procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Each site shall have an emergency plan,
				as part of the site operating manual.
16.2. A medium first aid kit, stretcher, back
				board and blankets shall be maintained on site.
16.3. All jump masters shall have current
				first aid certification and complete-an annual refresher course.
16.4. At sites where the jump or recovery is
				over water, the jump master and all land­ing/ recovery staff shall be
				holders of a current life saving certificate, and shall have passed the
				equivalent for "in-water rescue of spinal injuries or unconscious
				patients".
16.5. Where the site
				includes moving water or swift water, the site operating manual shall specify
				the rescue training and/or qualifications required for all operators and staff
				on the site.
16.6. Emergency
				lighting shall be provided at all jump sites that operates one-half (2) hour
				prior to sun set until one-half (2) hour after sun rise. The emergency lighting
				system shall illuminate the jump platform, the jump space and the landing area.
				The emergency lighting system shall have its own independent power source, or
				an immediately available independent back-up source.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-24 - Crane Operator Certification Act › Section 42-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs certification, fees, examinations, training, powers and duties of
				the Commissioner in accordance with W. Va. Code §§
									21-3D-1,
et seq.,
and 29A-3-1,
et seq.
1.2. Authority. -- W. Va. Code §
									21-3D-3.
1.3. Filing Date. -- June 3, 2013.
1.4. Effective Date. -- July 1, 2013.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-24 - Crane Operator Certification Act › Section 42-24-2 - 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, materials and transactions
				governed or otherwise defined under coverage of the Crane Operator
				Certification Act, W. Va. Code §
									21-3D-1,
et seq.
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 42-24 - Crane Operator Certification Act › Section 42-24-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "ANSI" refers
				to the American National Standards Institute, 1899 L Street NW, 11"" Floor,
				Washington, D.C. 20036.
3.2.
				"Approved training course" means a training course which has been reviewed and
				certified by the Commissioner as complying with the requirements of section 8
				of this rule.
3.3. "ASME" refers to
				the American Society of Mechanical Engineers, Three Park Avenue, New York, New
				York 10016-5990.
3.4. "Class A
				certification" means a certification issued to a person who has met all
				national level certification criteria as required by W. Va. Code §
									21-3D-3(a)(1)(A)
				and W. Va. Code §
									21-3D-4(c)(1)
				and as required by a program that has been accredited by ANSI's Personnel
				Certification Accreditation Program for the class or type of crane specified in
				subdivision 7.2.c. of this rule.
Beginning November 14, 2014, "Class A certification" also
				  means and includes all crane operators in West Virginia subject to the
				  provisions of OSHA 29 C.F.R. § 1926.1400, Subpart CC, "Cranes and Derricks
				  in Construction."
3.5. "Class B
				certification" means a certification issued to a person who has met all state
				level certification criteria as required by the Commissioner for the class or
				type of crane specified in subdivision 7.2.c. of this rule.
Beginning November 14, 2014, "Class B certification" also
				  means and includes all crane operators in West Virginia who are not subject to
				  the provisions of OSHA 29 C.F.R. §1926.1400, Subpart CC, "Cranes and
				  Derricks in Construction."
3.6. "Code
				of Federal Regulations" or "C.F.R." refers to rules published in the Federal
				Register by executive departments and agencies of the federal government of the
				United States.
3.7. "Direct
				supervision by a certified crane operator" pursuant to the exemption in W. Va.
				Code §
									21-3D-2(b)
				(5) means that a certified crane operator is
				within immediate physical proximity of the controls of the crane.
3.8. "Division" means the West Virginia
				Division of Labor.
3.9. "Employee"
				pursuant to the exemption in W. Va. Code §
									21-3D-2(b)
				(6) means an employee who is limited to
				operating the crane only on the property owned or leased by his or her employer
				(i.e., the manufacturing plant, industrial establishment or mineral processing
				operation).
3.10. "NCCCO" refers
				to the National Commission for the Certification of Crane Operators, located at
				2750 Prosperity Avenue, Suite 505, Fairfax, VA 22031.
3.11. "Public Service Commission" pursuant to
				the exemption in W. Va. Code §
									21-3D-2(b)
				(7) means the West Virginia Public Service
				Commission.
3.12. "Recertification"
				means the renewal process that occurs on each fifth anniversary date of an
				applicant's original certification date.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-24 - Crane Operator Certification Act › Section 42-24-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				The following standard is adopted and incorporated by reference: ASME B30.3 -
				2009, Tower Cranes, § 3-3.1.2, "Qualifications for Operators."
4.2. The following standard is adopted and
				incorporated by reference: ASME B30.5 - 2011, Mobile and Locomofive Cranes,
				§ 5-3.1.2, "Qualifications for Operators."
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-24 - Crane Operator Certification Act › Section 42-24-5 - Minimum Qualifications for Initial Certification, Renewal Certification, and Recertification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Initial class A certification
				requirements. The Commissioner shall certify an applicant for an initial class
				A certification who:
5.1.a. Is at least 18
				years of age;
5.1.b. Submits an
				application on forms provided by the Commissioner;
5.1.c. Submits a copy of his or her written
				examination scores of at least 70% as provided to the applicant by the
				NCCCO;
5.1.d. Submits a copy of his
				or her practical examination scores of at least 75% as provided to the
				applicant by an examiner approved by the Commissioner pursuant to section 5 of
				the Division of Labor's rule titled "Crane Operator Certification Act -
				Practical Examination," 42 CSR 25;
5.1.e. Presents the original, or a
				photographic copy, of a physician's certificate that he or she is physically
				qualified to drive a commercial motor vehicle as required by 49 CFR
				§391.41 dated within 1 year of the date of application for certification,
				or an equivalent physician's certificate as approved by the Commissioner ;
				and
5.1.f. Pays the application fee
				of $75.00.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-24 - Crane Operator Certification Act › Section 42-24-6 - Late Fees, Lapse, and Duplicate Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. If a renewal application is received or
				postmarked more than 15 days after the certification's expiration date, the
				applicant shall pay, in addition to the annual renewal fee, a late fee of
				$25.00.
6.2. The Commissioner may
				issue a duplicate certification to a person who, by application and affidavit,
				states that the original certification has been permanently lost or destroyed
				and that the applicant is in full compliance with the requirements of W. Va.
				Code §
									21-3D-1,
et seq.,
and this rule. The Division shall charge a fee of
				$10.00 for each duplicate certification issued.