reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-10A - Consumer Manuals; Installation

Current through Register Vol. XLI, No. 28, July 12, 2024
10A.1. The
				seller shall provide each purchaser of a new manufactured home in this state
				with a HUD-approved consumer manual for the manufactured home purchased. No
				manufacturer, dealer, distributor, or contractor may interfere with the
				distribution of a HUD-approved consumer manual.
10A.2.
10A.2.1. The initial installation of a new
				manufactured home installed in this state shall be installed:
10A.2.1.a. In accordance with the home
				manufacturer's recommendations contained in or accompanying the consumer manual
				required by  24 C.F.R. Part 3282  and this section:
Provided
,
				That such recommendations equal or exceed the protections provided by the
				Manufactured Home Installation Standards,  24 C.F.R. Part 3285 ; or
10A.2.1.b. In accordance with a competent
				alternate design certified in writing by a registered professional engineer
				and/or architect prior to installation:
Provided
, That such
				alternate design is drawn and sealed by a registered professional engineer
				and/or architect and certified to be consistent with the home design, in
				compliance with federal standards and the Act, and approved by the manufacturer
				and the DAPIA pursuant to  24 C.F.R. §
												3285.2; or
10A.2.1.c. In accordance with the
				Manufactured Home Installation Standards,   24 C.F.R. Part 3285.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-10B - Consumer Installation of a Manufactured Home; Installation Deficiencies

Current through Register Vol. XLI, No. 28, July 12, 2024
10B.1.
10B.1.1. To ensure compliance with federal
				standards, manufactured homes should be installed by a licensed dealer or
				installer. However, every consumer has the right to personally install or
				independently hire a licensed dealer or installer for installation of his or
				her manufactured home:
Provided
, That if a consumer so
				chooses, the consumer is responsible for any consequences resulting from the
				consumer's installation:
Provided
,
however
,
				That this section applies only to those transactions in which the consumer
				agrees in writing to assume responsibility for part of the manufactured home
				installation.
10B.1.2. Only a
				licensed dealer or installer shall conduct the installation aspects of the
				manufactured home placement evaluation and the level and trim of the
				manufactured home due to safety concerns and the technical expertise
				required.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-11 - Alterations and Repairs

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. No
				alteration or repair shall be made to any manufactured home by a dealer,
				distributor, or contractor which directly causes a failure of the manufactured
				home to comply with applicable federal standards, provisions of the Act, and
				rules of the Board.
11.2.
				Alterations or repairs made to a used manufactured home by a dealer,
				distributor, or contractor shall be designed to promote compliance with
				applicable federal standards, provisions of the Act, and rules of the
				Board.
11.3. A dealer, distributor,
				or contractor shall not be obligated to bring a used manufactured home into
				compliance with applicable federal standards, provisions of the Act, and rules
				of the Board. It is the intent of this provision to allow and encourage
				dealers, distributors, and contractors to make desirable alterations and
				repairs to used manufactured homes, including alterations and repairs which do
				not bring the used homes into compliance with all applicable standards, so long
				as the alterations and repairs made do not directly create a condition of
				noncompliance which did not previously exist.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-12 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The transportation of a manufactured
				home shall be accomplished in a manner that allows the manufactured home to
				withstand the adverse effects of transportation shock and vibration without its
				degradation or the degradation of its component parts. In no event shall any
				transportation method be utilized which causes a failure of any manufactured
				home to comply with applicable federal standards, provisions of the Act, and
				rules of the Board.
12.2.
				Manufactured homes shall not be transported at speeds in excess of 55 miles per
				hour.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-13 - Complaints; Notice of Violation; Informal Presentation of Views; Contested Case Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Any person
				alleging a violation of the federal standards, the Act, or rules of the Board
				may file a complaint with the Board. All complaints shall be in writing and
				include the name, address, and phone number of the complainant.
13.1.1. Upon receipt of any complaint or
				other information indicating the possible existence of a noncompliance, defect,
				serious defect, or imminent safety hazard under the federal standards, the
				Board shall forward the complaint or information to the manufacturer of the
				manufactured home and to the SAA of the state where the home was
				manufactured.
13.1.2. The Division
				shall review each complaint filed with the Board.
13.1.2.a. If the Division determines that the
				matters raised in the complaint are outside of the Board's jurisdiction, the
				Division shall inform the complainant in writing.
13.1.2.b. If the Division determines that the
				matters raised in the complaint are within the Board's jurisdiction, the
				Division shall conduct an investigation and an inspection of the manufactured
				home and the relevant records maintained by the manufacturer, dealer,
				distributor, or contractor.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-14 - Grounds for Discipline; Disciplinary Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The Board may impose disciplinary
				sanctions upon a licensee for any of the following reasons:
14.1.1. The manufacture, sale, lease, offer
				for sale or lease, or the introduction, delivery, or importation into this
				state of any manufactured home on or after the effective date of any applicable
				federal standards, provisions of the Act, or rules of the Board, which does not
				comply with that standard:
Provided, however
, That this
				subsection shall not apply to:
14.1.1.a. Any
				person who establishes that he or she did not have reason to know in the
				exercise of due care that the manufactured home is not in compliance with any
				applicable federal standards, provisions of the Act, or rules of the Board;
				or
14.1.1.b. Any person who, prior
				to the first purchase, holds a certificate by the manufacturer or importer of
				the manufactured home that the manufactured home complies with all applicable
				federal standards, unless the person knows that the manufactured home does not
				comply;
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-14A - Cease and Desist Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon a determination that a person is engaged in manufactured
				  housing business 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 manufactured
				  housing business upon issuance of a license. After a hearing as required by W.
				  Va. Code §
									21-9-12a, the Board may impose a penalty of not less than $200
				  nor more than $1,000 upon any person engaging in manufactured housing business
				  in this state without a valid license.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-19 - West Virginia Board Of Manufactured Housing Construction And Safety › Section 42-19-15 - State Manufactured Housing Recovery Fund

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The Board shall collect the following
				annual assessment fee in satisfaction of each licensed manufacturer's,
				dealer's, distributor's, or contractor's required assurance of financial
				responsibility:
15.1.1. $2,500 for each
				manufacturer's licensed business location;
15.1.2. $1,000 for each dealer's and/or
				distributor's licensed business location; and
15.1.3. $500 for each licensed contractor.
These assessments shall be collected annually at the time of
				  the filing of all initial and renewal license applications:
Provided
, That if the balance of the Recovery Fund on June 30
				  of any year equals or exceeds $300,000, then no assessments shall be collected
				  from any previously licensed manufacturer, dealer, distributor, or contractor
				  for the next licensure period. New applicants for licensure shall pay the
				  applicable assessment fee regardless of the balance of the Recovery
				  Fund.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-2 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				These procedural rules establish the general procedures for conducting
				contested case hearings dealing with a wage collection under the West Virginia
				Wage Payment and Collection Act, Wages For Public Improvements Act, Equal Pay
				Act, and Minimum Wages And Maximum Hours Act.
1.2. Authority. -- W. Va. Code ''21-5-11 and
				13; 21-5B-2; 21-5C-6
1.3. Filing
				Date. -- September 28, 1992
1.4.
				Effective Date. -- October 28, 1992
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commissioner"
				means the Commissioner of the West Virginia Division of Labor.
2.2. All definitions contained in W. Va. Code
				''21-5-1, 21-5B-1, and 21-5C-1, are incorporated herein by reference.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-3 - Notice of Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				Notice of hearing in all cases shall be given at least ten (10) days prior to
				the date of the hearing, stating:
3.1.1. the
				time, day, and location of the hearing;
3.1.2. a short plain statement of the matter
				asserted;
3.1.3. a statement of
				intention to appoint a hearing examiner if one is to be appointed pursuant to
				Section 8 of these rules.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-4 - How Hearings are to be Conducted

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any party shall have the right to be
				represented by an attorney-at-law, duly qualified to practice in the State of
				West Virginia, or to represent himself; Provided, that corporations shall be
				represented by an attorney-at-law, not a corporate officer or any other
				person.
4.2. The Division of Labor
				will present its case regarding whether wages and damages are due under the
				specified wage and hour laws. The party(ies) alleged to owe such wages and
				damages shall thereafter be afforded the opportunity to present its case in
				defense. The Division of Labor will then be allowed to present its rebuttal, if
				so chosen.
4.3. Every party shall
				have the right of cross-examination of witnesses who testify.
4.4. Following the presentation of all the
				evidence, every party, shall have the right to offer argument, not to exceed a
				reasonable time limit as determined by the Commissioner or the hearing
				examiner.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-5 - Continuation and Adjournment

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Hearings may be continued from one day
				to another or adjourned to a later date or a different place b announcement
				thereof at the hearing or by appropriate notice to all parties. A written
				motion for a continuance shall be filed at least five (5) days prior to the
				hearing date that is subject of the continuance motion.
5.2. Each party shall be permitted only one
				(1) motion for a continuance related to any particular hearing.
5.3. Any continuance shall not exceed fifteen
				(15) days from the last scheduled date of the hearing.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-6 - Transcript of Reported Testimony and Evidence

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. What reported. -- All testimony,
				evidence, arguments and rulings on the admissibility of testimony and evidence
				shall be reported by stenographic notes and characters or by mechanical
				means.
6.2. Request from any party.
				-- Upon the request to the Commissioner, or hearing examiner, from any party to
				the hearing, all reported materials shall be transcribed and a copy thereof
				furnished to such party at the requesting party's expense.
6.3. Responsibility for transcript. -- The
				Commissioner shall have the responsibility for making arrangements for the
				transcription of the reported testimony and evidence.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-7 - Submission of Proposed Finding of Fact and Conclusion of Law; Time for Submission

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Any party may submit to the Commissioner or hearing examiner, proposed findings
				of fact and conclusions of law within ten (10) days of the conclusion of a
				hearing, or a date agreed upon by all parties, or in the event that the
				proceedings of a hearing are transcribed, within ten (10) days from the date
				final transcript is available.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-8 - Appointment of Hearing Examiner; Function of Hearing Examiner

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The Commissioner may, in his discretion,
				appoint a hearing examiner who shall be empowered to subpoena witnesses and
				documents administer oaths and affirmations, to examine witnesses under oath,
				to rule on evidentiary questions, to hold conferences for the settlement or
				simplification of issues by consent of the parties and to otherwise conduct
				hearings.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-20-9 - Orders; content

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Every final order entered by the Commissioner, or hearing examiner, following a
				hearing conducted pursuant to these rules, shall be made pursuant to the
				provisions of W. Va. Code '29A-5-3 of
				1931, as amended. Such orders shall be entered within thirty (30) days
				following the submission of all documents and materials, including transcripts
				and proposed findings of fact and conclusion of law.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-30-10 - Appeal

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. An appeal
				from any final order or ruling entered in accordance with these regulations
				shall be in accordance with the provisions of W. Va. Code '29A-5-4
				of 1931, as amended.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-20 - RULES OF PROCEDURE FOR CONTESTED CASE HEARINGS DEALING WITH WAGE COLLECTION UNDER WAGE PAYMENT AND COLLECTION ACT, WAGES FOR PUBLIC IMPROVEMENTS ACT, EQUAL PAY ACT, AND MINIMUM WAGES AND MAXIMUM HOURS ACT › Section 42-2-11 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. If any
				provision of these rules or the application thereof to any person or
				circumstance shall be held invalid, such invalidity thereof shall not affect
				the provision or application of these regulations which can be given effect
				without the invalid provision or application and to this end the provisions of
				these regulations are declared to be severable.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the competency and certification of inspectors, the
				registration and inspection of elevators, the issuance of certificates of
				operation, fees, permits for repair, enforcement and penalties.
1.2. Authority. -- W. Va. Code §§
									21-3C-6(a),
				10 and 11(a).
1.3. Filing Date. --
				March 22, 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 42-21 - Elevator Safety Act › Section 42-21-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule governs all persons, firms, corporations,
				government entities, materials and transactions covered by the Elevator Safety
				Act.
2.2. Enforcement. The
				enforcement of this legislative rule is vested with the West Virginia Division
				of Labor or its designated representatives as authorized by the Elevator Safety
				Act.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Act" means
				the Elevator Safety Act, W. Va. Code §
									21-3C-1
et seq
.
3.2.
				"ASME" refers to the American Society of Mechanical Engineers, Two Park Avenue,
				New York, NY 10016-5990.
3.3.
				"Certificate of acceptance" means and includes a completed device registration
				form and acceptance inspection report, certifying that a newly installed or
				modernized elevator has been inspected and installed in compliance with ASME
				Code A17.1.
3.4. "Certificate of
				competency" means the document issued by the Commissioner to an inspector upon
				receipt of a complete application, certifying that the individual is qualified
				to inspect elevators.
3.5.
				"Certificate of operation" means the document issued by the Commissioner to an
				owner or operator upon receipt of an inspection report completed by an
				inspector, certifying that the elevator has been inspected according to the
				applicable ASME Code and is safe for operation.
3.6. "Commissioner" means the Commissioner of
				the West Virginia Division of Labor and his or her authorized
				representatives.
3.7. "Complete
				application" means an application that includes all the information required by
				the Commissioner on the form supplied by the Division.
3.8. "Compliant" means meeting all applicable
				ASME standards.
3.9. "Imminent
				danger" or "unsafe condition" refers to an elevator's condition that presents a
				risk of immediate or excessive danger, serious injury or death to passengers or
				elevator maintenance personnel.
3.10. "Inspector" means either a Division
				inspector or a private inspector as defined in W. Va. Code §
									21-3C-1 (7
				and 17) who has been issued a certificate of competency by the
				Commissioner.
3.11. "Modernized"
				means any change to an elevator's equipment, including its parts, components or
				subsystems, but excluding routine maintenance, repair or replacement.
3.12. "Normal business hours" means Monday
				through Friday between the hours of 8:00 am and 5:00 pm.
3.13. "To seal out of service" or "sealed out
				of service" means that an elevator has been made inoperable by removal of the
				disconnect and the placement of a seal securing the elevator's electrical
				box.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
The following American Society of Mechanical Engineers (ASME)
				  standards are incorporated by reference:
4.1. ASME Code A17.1- 2013/CSA B44-13,
				"Safety Code for Elevators and Escalators;"
4.2. ASME Code A17.2-2014, "Guide for
				Inspection of Elevators, Escalators, and Moving Walks;" and
4.3. ASME Code A18.1 - 2014, "Safety Standard
				for Platform Lifts and Stairway Chairlifts."
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-5 - Registration of Elevators

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The owner or operator of a newly installed elevator shall register the device
				and provide all information as the Commissioner may require on a form supplied
				by the Division.
5.2. Once an owner
				or operator of an elevator has registered the device with the Division, it
				shall not be necessary to submit an annual registration.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-6 - Certificate of Operation Required; Issuance of a Certificate of Operation; Certificate of Operation Fee

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Unless exempt pursuant to the Act, an
				elevator may not be operated in this state without a valid certificate of
				operation.
6.2. Upon receipt of the
				documents comprising a certificate of acceptance, the Commissioner shall issue
				a certificate of operation for a newly installed or modernized
				elevator.
6.3. The Commissioner
				shall issue a certificate of operation upon receipt of a compliant inspection
				report for an existing elevator from an inspector.
6.4. The application fee for a certificate of
				operation shall be $90.00.
6.5. The
				preferred means of paying the application fee is by credit card.
6.6. A certificate of operation is valid for
				12 months from the date of inspection.
6.7. The Division shall provide a renewal
				application to each owner or operator at least 30 days prior to the certificate
				of operation's expiration date.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-7 - Inspection Required; Safety Test Required; Conflict of Interest; Inspection Reports; Hearing on an Inspection Report's Findings

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. As required by the Act and this rule, an
				inspector shall inspect an elevator for safety according to the appropriate
				ASME Code and shall certify that it is safe for operation prior to the
				Commissioner issuing a certificate of operation.
7.2. An elevator mechanic licensed pursuant
				to the Act shall perform a safety test on an elevator in accordance with the
				appropriate ASME Code requirements, and an inspector shall be physically
				present to witness the entire safety test.
7.3. A private inspector shall not inspect
				repairs or routine maintenance work performed by the private inspector, an
				employee of the private inspector, the private inspector's employer or another
				employee of the private inspector's employer.
7.4. The Commissioner and inspectors are
				authorized to enter into any establishment in which an elevator is located for
				the purpose of inspecting the elevator for safety.
7.5. The Commissioner is authorized to make
				announced or unannounced inspections during normal business hours or at any
				other reasonable time considered necessary by the Commissioner in the exercise
				of his or her duties.
7.6. An
				inspector shall complete an inspection report and provide all information as
				the Commissioner may require on a form approved by the Division, showing the
				true and exact condition of each elevator inspected.
7.6.a. The inspector shall leave a copy of a
				compliant inspection report with the elevator owner or his or her
				representative on the day of inspection and shall forward a copy of the
				inspection report to the Commissioner by mail or email within 7 days of
				completing the inspection.
7.6.b.
				If the inspector determines that the elevator is not compliant with the
				applicable ASME Codes and that changes or repairs to the elevator are required
				in order to make it safe to operate, the inspector shall identify the areas of
				non-compliance and the required changes or repairs in the inspection report and
				shall forward the report to the Commissioner by mail or email within 7 days of
				completing the inspection.
7.6.c.
				The Commissioner shall ensure that the elevator owner is provided with a copy
				of the non-compliant inspection report.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-8 - Fees for Inspections by a Division Inspector

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The fee for an inspection of an elevator
				by a Division inspector shall be $100.00.
8.2. The Division's fee for the inspection of
				more than one elevator in a building is $100.00 for the first elevator
				inspected and $25.00 for each additional elevator inspected.
8.3. If changes or repairs are required prior
				to the issuance of a certificate of operation, the Division shall not charge an
				inspection fee for the first follow-up inspection.
8.4. If subsequent follow-up inspections are
				required because of the owner's or operator's failure to make the required
				repairs or changes, the Division's inspection fees shall be the same rates as
				set forth in subsections 8.1 and 8.2 of this rule for each subsequent follow-up
				inspection.
8.5. If an owner or
				operator fails to pay the required inspection fee, the Commissioner shall
				withhold the issuance of a certificate of operation until the fee is
				paid.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-9 - Revocation of Certificate of Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commissioner shall revoke a certificate of operation for
				  good cause, including but not limited to, the following reasons:
9.1. Any condition that presents an imminent
				danger;
9.2. The unauthorized
				removal of the seal that seals an elevator out of service;
9.3. The unauthorized removal of any
				barricade placed on or around an elevator that has been declared inoperable by
				the Division;
9.4. The submission
				of any intentionally misleading or falsified reports or information to the
				Division;
9.5. The elevator owner's
				or operator's failure or refusal to permit the Commissioner's access to records
				that are required by the Act or this rule;
9.6. The elevator owner's or operator's
				failure to make reports or to provide information required by the Act or this
				rule;
9.7. The elevator owner's or
				operator's failure or refusal to permit entry or inspection as required by the
				Act or this rule; or
9.8. The
				elevator owner's or operator's failure to pay any fee required by the Act or
				this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-10 - Unsafe Condition or Imminent Danger; Written Notice; Sealing the Elevator Out of Service

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				Commissioner or an inspector shall seal out of service any elevator that is
				found to be unsafe or poses a risk of imminent danger.
10.2. If during the course of an inspection,
				an inspector finds that a passenger elevator or any part of the elevator cannot
				be operated safely or poses a risk of imminent danger, the Commissioner or
				inspector shall immediately provide the elevator owner or operator with a
				written notice of the unsafe condition or imminent danger, including
				specification of the repairs or changes needed to correct the unsafe conditions
				or imminent danger, and shall seal the elevator out of service.
10.3. An inspector shall immediately notify
				the Commissioner of the location and condition of the sealed
				elevator.
10.4. Once sealed out of
				service, a passenger elevator shall not be operated except for the purpose of
				making the repairs required by the Commissioner.
10.5. A seal placed on an elevator's electric
				box in accordance with the Act or this rule shall not be removed, obstructed or
				in any way altered without the Commissioner's written consent.
10.6. When the required repairs have been
				made to an elevator that has been sealed out of service, an inspector shall
				perform a complete inspection and safety test before the elevator can be placed
				back into service.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-11 - Certificate of Competency Application; Payment of Fees; Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. No person may
				serve as an inspector unless he or she holds a certificate of competency issued
				by the Division.
11.2. Any person
				desiring to obtain a certificate of competency from the Division shall submit a
				written application, and provide all information as the Commissioner may
				require on a form furnished by the Division, and shall pay a $10.00 fee. The
				applicant shall also submit the following with the application:
11.2.a. A letter from one or more previous
				employers concerning his or her character and relevant experience;
11.2.b. Proof that the applicant is at least
				21 years of age; and
11.2.c. A copy
				of the applicant's successful test scores on the examination required by the
				Division or a copy of the applicant's Qualified Elevator Inspector (QEI)
				certificate issued by an organization accredited by the American Society of
				Mechanical Engineers to certify Qualified Elevator Inspectors.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-12 - Suspension or Revocation of Certificate of Competency

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The Commissioner may suspend or revoke
				an inspector's certificate of competency for good cause, including but not
				limited to, the following:
12.1.a. a finding
				that the inspector is unable to properly perform inspections as required by the
				Act and this rule;
12.1.b. a
				finding that the inspector is untrustworthy;
12.1.c. falsification of any information or
				statement in his or her application;
12.1.d. falsification of any information or
				statement contained in an inspection report; or
12.1.e. failure to comply with the Act or
				this rule.
West Virginia Code of State Rules › Agency 42 - Labor › Title 42 - LEGISLATIVE RULE DIVISION OF LABOR › Series 42-21 - Elevator Safety Act › Section 42-21-13 - Work-Sharing Agreement Between the Division and Counties and Municipalities

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The Division
				may enter into a work-sharing agreement with any county or municipality whereby
				the county or municipality would, under the supervision of the Division, assume
				the inspection and enforcement provisions of the Act.
13.2. A work-sharing agreement shall be
				executed on a form provided by the Division and approved by the Office of the
				Attorney General.
13.3. With the
				approval of the Division, counties and municipalities may combine their
				jurisdictions into a single work-sharing agreement.
13.4. A work-sharing agreement shall include
				the following provisions:
13.4.a. that all
				elevators covered under the provisions of W. Va. Code §
										21-3C-1
et seq
. within the county or municipality are inspected
				annually for safety;
13.4.b. that
				no elevator covered by the Act shall be permitted to operate without having
				first obtained a certificate of operation from the Division;
13.4.c. that any inspector employed by the
				county or municipality is certified for competency by the Division as required
				by the provisions of W. Va. Code §
										21-3C-1
et seq
. or this rule;
13.4.d. that all inspections for safety are
				conducted in accordance with the Act or this rule;
13.4.e. that reports on inspection are filed
				with the Division within 5 days of the date of inspection;
13.4.f. that the county or municipality shall
				comply with any written orders issued by the Division;
13.4.g. that the Division shall provide
				technical assistance to the county or municipal inspectors where necessary to
				insure adequate enforcement of the Act;
13.4.h. that the Division shall provide the
				report and inspection forms required by the Division;
13.4.i. that the Division shall permit the
				county or municipality to collect and retain fees for inspections as a means to
				support the enforcement effort at the local level; and
13.4.j. that the Division shall provide
				direct supervision, where considered necessary by the Division, to county or
				municipal inspectors.
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-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule governs the requirements and procedures for licensing elevator
				mechanics, accessibility technicians, limited technicians, and registration of
				elevator mechanic apprentices; fees; and penalties for violations in accordance
				with the Elevator Safety Act, W. Va. Code §
									21-3C-1
et
				seq
.
1.2. Authority. -- W.
				Va. Code §
									21-3C-11 and §
									21-17-12.
1.3. Filing Date. -- March 29,
				2024.
1.4. Effective Date. -- May
				1, 2024.
1.5. Sunset Date. -- This
				rule shall terminate and have no further force or effect on August 1,
				2029.
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-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This legislative rule applies to all persons working as elevator
				mechanics, accessibility technicians, limited technicians, or elevator mechanic
				apprentices governed or otherwise within the jurisdiction of the Elevator
				Safety Act, W. Va. Code §
									21-3C-1
et
				seq.
2.2. Enforcement. The
				enforcement of this legislative rule is vested with the Division of
				Labor.
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-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. "Accessibility
				technician" means a person who meets the requirements set forth in W. Va. Code
				§
									21-3C-10a(d) and
				this rule.
3.2. "Act" means the
				Elevator Safety Act, W. Va. Code §
									21-3C-1
et
				seq
.
3.3. "ASME" refers to
				the American Society of Mechanical Engineers, Two Park Avenue, New York, New
				York 10016-5990.
3.4. "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 or to a licensee who performs work outside of the license's
				classification.
3.5. "Commissioner"
				means the Commissioner of the West Virginia Division of Labor and his or her
				authorized representatives.
3.6.
				"Division" means the West Virginia Division of Labor and its authorized
				representatives.
3.7. "Elevator
				apprentice" or "elevator mechanic apprentice" means a person who meets the
				requirements set forth in W. Va. Code §
									21-3C-10a(f) and
				this rule.
3.8. "Emergency," as
				used in W. Va. Code §
									21-3C-11(a)(5)
				and section 10 of this rule, means a disaster, act of God, or work stoppage,
				when so declared by the President of the United States or Governor of West
				Virginia.
3.9. "License
				classification" or "classification" means the scope of work of an elevator
				mechanic, accessibility technician, or limited technician as set forth in the
				Act and this rule.
3.10. "Limited
				technician" means a person who meets the requirements set forth in W. Va. Code
				§
									21-3C-10a(e) and
				this rule and is employed by a historic resort hotel.
3.11. "Limited use/limited application
				elevator endorsement" or "LULA elevator endorsement" means an endorsement to an
				accessibility technician license issued to a person who meets the requirements
				set forth in W. Va. Code §
									21-3C-10a(d)(3)
				and this rule.
3.12. "Other
				authorization to practice," as used in section 16 of this rule, means a
				nontransferable acknowledgement, 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 erecting, constructing, installing, altering, servicing, repairing, or
				maintaining elevators, related conveyances, or accessibility
				equipment.
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-4 - Adoption of Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
The following ASME standards are incorporated by
				  reference:
4.1. ASME Code A17.1-
				2013/CSA B44-13, "Safety Code for Elevators and Escalators;"
4.2. ASME Code 17.2-2014, "Guide for
				Inspection of Elevators, Escalators, and Moving Walks;" and
4.3. ASME Code A18.1 - 2014, "Safety Standard
				for Platform Lifts and Stairway Chairlifts."
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-5 - Licensure or Registration Required; Requirement to Work Under a Contractor's License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Except as otherwise provided in the Act, no person may engage or offer to
				engage in the performance of erecting, constructing, installing, altering,
				servicing, repairing, or maintaining elevators, related conveyances, or
				accessibility equipment without a license.
5.2. A license issued pursuant to the Act and
				this rule is not transferable.
5.3.
				Except as otherwise provided in the Act, no person may work as an elevator
				mechanic apprentice unless he or she meets the requirements set forth in W. Va.
				Code §
									21-3C-10a(f) and
				is registered with the Commissioner in accordance with section 9 of this
				rule.
5.4. Any person licensed or
				registered pursuant to the Act and this rule shall carry proof of a valid
				license at all times when performing elevator work.
5.5. Except as otherwise provided in the Act,
				a person licensed or registered pursuant to the Act and this rule must be, or
				be employed by, a contractor licensed pursuant to the West Virginia Contractor
				Licensing Act, W. Va. Code §
									30-42-1
et
				seq
.
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-6 - Licensure of Elevator Mechanics

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any person desiring to be licensed as an
				elevator mechanic 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.
6.2. All applicants for an elevator mechanic
				license shall meet the requirements as set forth in W. Va. Code §
									21-3C-10a(c).
6.3. An elevator mechanic'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.
6.4. An elevator mechanic's license expires
				on the last day of the anniversary month from the month of initial
				licensure.
6.5. An elevator
				mechanic 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-6A - Continuing Education Requirements for Elevator Mechanics; Proof of Completion

Current through Register Vol. XLI, No. 28, July 12, 2024
6A.1. 16
				hours of continuing education shall be required for elevator mechanic licensure
				renewal.
6A.2. Each elevator
				mechanic licensee shall submit proof of completion to the Commissioner prior to
				a license being renewed. The proof of completion shall have been acquired
				within the two-year period immediately preceding renewal.
6A.3. Each elevator mechanic licensee shall
				pay a fee directly to the entity providing the continuing education
				instruction.
6A.4. If an elevator
				mechanic licensee is unable to complete the required continuing education
				instruction prior to the license's expiration due to a temporary disability,
				military service, or other good cause shown, the licensee may submit a written
				request for a waiver to the Commissioner. The Commissioner may approve or deny
				the waiver request.