Title 103 W. Va. C.S.R.

Fire Marshal Fire Marshal

Series 01 Certification of Electrical Inspectors

W. Va. Code R. § 103-1-1 General

1.1. Scope. -- This rule establishes the procedures to be followed to protect the health, safety, and welfare of the public as well as public and private property by assuring the competence of those who perform electrical inspections of dwellings and other structures through certification by the State Fire Marshal.

1.2. Authority. -- W. Va. Code §29-3C-4.

1.3. Filing Date. -- April 15, 2024.

1.4. Effective Date. -- May 1, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2029.

W. Va. Code R. § 103-1-2 Definitions

2.1. "Master electrician" - Means a person who holds a valid Master's Electrician License issued by the State Fire Marshal and as defined in W. Va. Code §29-3B-2.

2.2. "Journeyman electrician" - Means a person who holds a valid Journeyman's Electrician License issued by the State Fire Marshal and as defined in W. Va. Code §29-3B-2.

2. 3. "Electrical work" - Means the installation of wires, conduits, apparatus, fixtures, other appliances, equipment, or systems for transmitting, carrying, controlling, or using electricity as defined in the scope of the national electrical code.

2.4. "License" - Means a valid and current electrician’s license issued by the State Fire Marshal.

2.5. "Electrical contractor" - Means a person, firm or corporation who engages in the business of electrical work or employs master electricians, journeyman electricians, apprentice electricians or other workers for the construction, alteration or repair of any electrical system as defined in the scope of the national electrical code.

2.6. "Design" - Means to plan or layout electrical systems in sketches or drawings for use by licensed electricians. It includes, but is not limited to, determining the service components of electrical systems, the type and sizes of conductors, circuit breakers and other components of electrical systems necessary to accommodate the demand load.

2.7. "National Electrical Code" - Means the National Electrical Code for licensing of electricians promulgated by the National Fire Protection Association. Copies of the National Electrical Code may be obtained by contacting: The National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169. 1-800-344-3555.

2.8. "State Fire Marshal" - Means the West Virginia State Fire Marshal and his or her designated representatives.

2.9. “Board” means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupational license or other authorization to practice to an individual.

W. Va. Code R. § 103-1-3 Classification of Electrical Inspectors

3.1. Electrical inspectors may be certified in the following 3 classifications:

3.1.a. “Class A Electrical Inspector Certification” – This classification authorizes the electrical inspector to perform electrical inspections on one and two family dwellings only;

3.1.b. “Class B Electrical Inspector Certification” – This classification authorizes the electrical inspector to perform electrical inspections on all structures including but not limited to, one and two family dwellings; and

3.1.c. “Class C Electrical Inspector Certification” – This classification authorizes the electrical inspector to perform electrical plan reviews and perform electrical inspections on all structures including but not limited to, one and two family dwellings.

W. Va. Code R. § 103-1-4 Qualifications for Certification

4.1. An applicant for an "Electrical Inspector's Certification" shall possess a valid and current Master's or Journeyman’s Electrician License issued by the State Fire Marshal. An applicant shall also provide proof that he or she passed the respective tests offered by the National Certification Program for Construction Code Inspectors, or its equivalent as determined by the State Fire Marshal.

4.1.a. For a “Class A Electrical Inspector Certification”, in addition to the electrical licensure requirement, an applicant shall provide proof that he or she passed “Test 2A Electrical One and Two Family Dwelling” of the National Certification Program for Construction Code Inspectors, or its equivalent as determined by the State Fire Marshal.

4.1.b. For a “Class B Electrical Inspector Certification”, in addition to the electrical licensure requirement, an applicant shall provide proof that he or she passed “Test 2A Electrical One and Two Family Dwelling” and “Test 2B Electrical General” of the National Certification Program for Construction Code Inspectors, or its equivalent as determined by the State Fire Marshal.

4.1.c. For a “Class C Electrical Inspector Certification”, in addition to the electrical licensure requirement, an applicant shall provide proof that he or she passed “Test 2C Electrical Plan Review”, “Test 2A Electrical One and Two Family Dwelling” and “Test 2B Electrical General” of the National Certification Program for Construction Code Inspectors, or its equivalent as determined by the State Fire Marshal.

W. Va. Code R. § 103-1-5 License Without Examination

5.1. Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application, if all the following apply:

5.1.a. The person holds a valid occupational license or other authorization to practice in another state in a lawful occupation with a similar scope of practice and with education, experience, and examination requirements for licensure or authorization to practice similar to those of this state, as determined by the board in this state;

5.1.b. The person has held the occupational license or other authorization to practice in the state where he or she holds a valid license or other authorization to practice for at least one year;

5.1.c. The person has met all educational and examination requirements for occupational licensure or other authorization to practice in the state where he or she holds a valid license;

5.1.d. The person is in good standing with the board in every other state where he or she holds a valid license;

5.1.e. The person has established residency as a West Virginia resident as defined by §11-21-7(a) of this code;

5.1.f. The person does not have a disqualifying criminal record as determined by the board in this state;

5.1.g. The person has never had his or her license or other authorization to practice revoked by the board in another state because of negligence or intentional misconduct related to the person’s work in the occupation;

5.1.h. The person did not surrender an occupational license or other authorization to practice because of negligence or intentional misconduct related to the person’s work in the occupation in another state;

5.1.i. The person does not have a complaint, allegation, or investigation pending before a board in another state. If the person has a complaint, allegation, or investigation pending, the board in this state shall not issue or deny an occupational license or other authorization to practice to the person until the complaint, allegation, or investigation is resolved; and

5.1.j. The person pays all applicable fees and meets all applicable bonding requirements in this state.

5.1.k. If West Virginia requires an occupational license to lawfully work in a profession, and another state does not issue an occupational license for the same profession and instead issues another authorization to practice, West Virginia shall issue an occupational license to the person if the person otherwise satisfies subsection 5.1. of this rule.

5.1.l. Any person issued a license under this article must comply with all relevant continuing education requirements to renew a license established by the board and any other rule promulgated by the board as required in §29-33-8 of this code. 5.2 Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application based on work experience in another state, if all the following apply:

5.2.a. The person worked in a state that does not use an occupational license or other authorization to practice that regulates a lawful occupation, but this state uses an occupational license or other authorization to practice that regulates a lawful occupation with a similar scope of practice, as determined by the board;

5.2.b. The person worked for at least two years in the lawful occupation and has acquired experience demonstrating knowledge and proficiency in the occupation similar to that which may be achieved through compliance with the education and examination requirements to practice of this state, as determined by the board;

5.2.c. The person has taken and passed any required national examinations to lawfully practice the occupation or use a title in connection with an occupation in another state; and

5.2.d. The person satisfies §29-33-3(a)(5), §29-33-3(a)(6), and §29-33-3(a)(10) of this code. 5.3 State law examination.

5.3.a. A board may require a person to pass a jurisprudential examination specific to relevant West Virginia laws that regulate the occupation if an occupational license or other authorization to practice in this state requires a person to pass such examination for original licensure.

W. Va. Code R. § 103-1-6 Procedure for Application

6.1. Form of Request - Each applicant requesting an electrical inspector's certification under the provisions of this rule shall, as a condition precedent to the issuance of certification, provide the State Fire Marshal with:

6.1.a. A completed application on forms furnished by the State Fire Marshal;

6.1.b. Proof of professional liability insurance (errors and omissions) in the amount of not less than $1,000,000.00, and general liability insurance in an amount not less than $750,000.00. Proof of renewal shall be forwarded to the State Fire Marshal's office prior to the expiration date of the policy and shall cover at a minimum the period for which the Electrical Certification is issued;

6.1.c. A copy of a valid West Virginia business license as issued by the West Virginia Department of tax and Revenue;

6.1.d. Proof of passage of testing as required by Section 4 of this rule.

6.1.e. Any other documentation that the State Fire Marshal may require to ensure compliance with qualifications for certification.

6.2. The State Fire Marshal shall deny a certificate to any person who fails to meet the required minimum qualifications and he or she shall also forfeit his or her application fee. Any applicant who attains the minimum requirements at a later date shall submit to the State Fire Marshal a new application for certification.

6.3. After review of an application and approval by the State Fire Marshal and receipt of the certification fee, the State Fire Marshal shall issue the individual electrical inspector's certification.

W. Va. Code R. § 103-1-7 Expiration and Renewal

7.1. Expiration - All electrical inspectors’ certifications issued by the State Fire Marshal expire on the last day of the anniversary month 12 months from the date of issuance of the certification. (i.e., license issued on August 15, 2003 will expire on August 30, 2004 and on August 30th each successive year).

7.2. Renewal Fee Required – Any certified electrical inspector, in good standing, may renew his or her certificate prior to the expiration date by submitting the authorized renewal certification fee to the State Fire Marshal. It is the individual electrical inspector's responsibility to submit his or her certification renewal to the State Fire Marshal prior to the expiration date.

7.3. Renewal After Expiration – A certified electrical inspector who has not renewed his or her certificate in accordance with the provisions of this rule shall, if the certification has been expired for three years or less, submit a renewal application to the State Fire Marshal, along with proof of all required Continuing Education credits, as required under subsection 6.4. of this rule, for the time period of expired certification and for the last certified period. If the certificate has been expired for greater than three years, the applicant shall submit a new application, with proof that the applicant has met the requirements of Sections 4 and 5 of this rule, the testing having been completed within the last three years and submit the late fee for a period of three years. A person may not perform electrical inspection work during the period of time his or her certification is expired.

7.4. As a condition of renewing any electrical inspector's certificate, the State Fire Marshal shall require proof of completion of 14 Continuing Education Units, or its equivalent, every year. A continuing education unit is defined as 1.0 hours for every fifty minutes of instruction, and the class shall be approved by the State Fire Marshal. Upon receipt of the required documentation, the State Fire Marshal shall issue the certification.

7.5. National and state organizations acceptable to offer the required continuing education requirements include but are not limited to the following organizations or their chapters: The International Association of Electrical Inspectors (IAEI); The National Fire Protection Association (NFPA); The National Electrical Contractor’s Association (NECA); International Code Council (ICC); and any other recognized organization or party that the State Fire Marshal deems appropriate.

W. Va. Code R. § 103-1-8 Fees

8.1. Certification fee - $75.00 fee per certification.

8.2. Renewal fee - $100.00 fee per certification annually.

8.3. New Application fee – $25.00 fee per new application submitted.

8.4. Late renewal fee – $50.00 fee per year late per certification in addition to the renewal fee.

8.5. Duplicate certification fee - A person who has lost or had his or her electrical inspector's certification destroyed, may submit a duplicate application fee of $10.00 payable to the State Fire Marshal and a notarized statement stating that the certification was lost or destroyed.

W. Va. Code R. § 103-1-9 Effect of Noncompliance; Failure to Obtain Certification; Penalty

9.1. Each day during which a person performs electrical inspections without the required certification or while in non-compliance with any of the provisions of W. Va. Code §§29-3C-1 et seq., after official notice that the work is unlawful, is a separate violation of this rule.

W. Va. Code R. § 103-1-10 Responsibilities of the Electrical Inspector

10.1. Any certified electrical inspector, who has knowledge of violations of any rule of the State Fire Marshal or any rule of the state fire commission or of the W. Va. Code, shall submit the information, together with available evidence to the State Fire Marshal.

10.2. A certified electrical inspector shall submit a written report of any findings of his or her electrical inspection to the property owner and other appropriate parties. In addition, the electrical inspector shall include the name and electrician license number of the individuals performing the electrical work.

10.3. A certified electrical inspector shall submit an annual report to the State Fire Marshal indicating the number, type and locations of electrical inspections performed during the preceding year. This annual report shall be filed with the State Fire Marshal no later than the thirty-first day of January of the following year.

10.4. A certified electrical inspector shall comply with all federal, state, and local laws, rules, and regulations.

W. Va. Code R. § 103-1-11 Causes for Denial, Limitation, Suspension or Revocation of Certifications of Electrical Inspectors

11.1. The State Fire Marshal may deny, limit, suspend, or revoke a license issued if the provisions of this article, or if the rules promulgated pursuant to this article or §15A-10-1 et seq. of this code are violated.

11.1.a. Before any such license is denied, limited, suspended, or revoked, however, written notice shall be given to the licensee stating the grounds for such denial, limitation, suspension, or revocation.

11.1.b. An applicant or licensee has 10 working days after receipt of the order denying, limiting, suspending, or revoking a license to request a formal hearing contesting the denial, limitation, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of §29A-5-1 et seq. of this code.

11.1.c. If the license is denied, limited, suspended, or revoked, the license or certification holder shall cease and desist practices of their profession as of the effective date of the denial, limitation, suspension, or revocation. Any administrative appeal of such denial, limitation, suspension, or revocation shall not stay the denial, limitation, suspension, or revocation.

11.2. A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to §15A-9-1 et seq. of this code, or may choose independent informal dispute resolution as set forth in this article.

11.3. A license or certification holder adversely affected by an order or citation of a deficient practice issued pursuant to this article may request the independent informal dispute resolution process. A license or certificate holder may contest a cited deficiency as contrary to law or unwarranted by the facts or both.

11.4. The State Fire Marshal has the authority to establish conference panels composed of three persons of the licensed or certified skill to decide the outcome of the independent informal dispute resolution process. One member shall be selected by the State Fire Marshal, one member shall be selected by the licensee or certificate holder, and one member shall be selected by agreement of both. If a vacancy occurs on the panel, the replacement for that member shall be made by the original individual who had selected such member. The members of the panel shall serve without compensation. This panel shall hear the matter and render a decision. The licensee or certificate holder may not be accompanied by counsel during the independent informal dispute resolution conference.

11.5. Upon appeal of a decision rendered by the State Fire Marshal, the panel shall hold an informal conference affirming, modifying, or vacating an order of the State Fire Marshal, or issuing an order in the name of the State Fire Marshal. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notices of its decision to the parties. The decision of the panel is final. The independent informal dispute resolution process is not a formal evidentiary proceeding.

11.6. A party aggrieved by a decision of a panel may appeal pursuant to §29A-5-1 et seq. of this code.

11.7. The State Fire Marshal shall promulgate a procedural rule to carry out the provisions of this section.

W. Va. Code R. § 103-1-12 Disposition of Complaints

12.1. Any person, firm, corporation, member of the Fire Commission, State Fire Marshal, or public officer may make a complaint to the State Fire Marshal which charges an electrical inspector with a violation of W. Va. Code §29-3C-1 et seq. or of this rule. The State Fire Marshal may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

12.1.a. The name and address of the electrical inspector against whom the complaint is lodged;

12.1.b. The date of inspection;

12.1.c. The name of any person who may have inspected or repaired the electrical work after the alleged incident;

12.1.d. The nature of the alleged violation;

12.1.e. The location of the alleged violation.

12.2. A complaint against a certified electrical inspector shall allege that such person has been convicted of a felony or is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of W. Va. Code §29-3C-1 et seq. or this rule.

12.3. Complainants are immune from liability for the allegations contained in their complaints filed with the State Fire Marshal unless the complaint is filed in bad faith or for a malicious purpose.

12.4. The State Fire Marshal shall maintain a complaint log which records the receipt of each complaint, its nature, and its disposition.

12.5. The State Fire Marshal shall maintain a separate file on each complaint received, and each file shall have a number assigned to it.

12.6. Upon receipt of a complaint, the State Fire Marshal shall issue one of the following acknowledgments to the complainant:

12.6.a. That the matter will be reviewed by the State Fire Marshal;

12.6.b. That the complaint is outside the jurisdiction of the State Fire Commission and State Fire Marshal, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or,

12.6.c. That more information will be required in order to adequately review the individual complaint.

12.7. If the State Fire Marshal acknowledges the complaint under subdivision 12.6.a. or 12.6.c., the State Fire Marshal shall send a copy of the complaint, including any supporting documentation, by certified mail to the electrical inspector or applicant in question for his or her written comment, and he or she shall submit a written response to the State Fire Marshal within thirty (30) days of the date of such correspondence, or waive the right to do so.

12.8. Requests for comment on complaints sent to electrical inspectors or applicants shall be considered properly served when sent to the last address on file with the State Fire Marshal. It is the responsibility of the electrical inspector or applicant to keep the State Fire Marshal informed of his or her current address.

12.9. Upon receipt of an electrical inspector’s or applicant’s comments in response to a complaint, the State Fire Marshal shall promptly send a copy of the same, including any supporting documentation, to the complainant.

12.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 12.6.b. of this rule, the State Fire Marshal shall cause to be conducted any reasonable inquiry or investigation he or she considers necessary to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the State Fire Marshal, be assigned to a designee, being who shall be a full time employee of the State Fire Marshal, or to an ethics investigator, for review and investigation.

12.11. Upon receipt of a complaint the designee or ethics investigator shall, within 60 days, review and investigate the same and provide the State Fire Marshal with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the inspection, the records reviewed, and interviews conducted, and a statement of the designee’s or ethics investigator’s findings and recommendations. The State Fire Marshal, the designee or ethics investigator shall, upon request of the State Fire Marshal, his designee or ethics investigator, be afforded an opportunity to have an investigation interview with the electrical inspector or applicant in question or any other involved parties, a report of which shall be placed in the investigation file.

12.12. To facilitate the disposition of a complaint, the State Fire Marshal, his designee, or ethics investigator, may request any person to attend an informal conference at any time prior to the State Fire Marshal entering any order with respect to the complaint. The State Fire Marshal, his designee or ethics investigator, shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.

12.13. The State Fire Marshal may issue subpoenas and subpoenas duces tecum to complete the State Fire Marshal’s investigation and to determine the truth or validity of complaints. A designee, or ethics investigator may request that the State Fire Marshal issue subpoenas or subpoenas duces tecum. Any such request shall be accompanied by a brief statement specifying the necessity for the same.

12.14. At any point in the course of an investigation or inquiry into a complaint, the State Fire Marshal may decide that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which an electrical inspector may be sanctioned.

W. Va. Code R. § 103-1-13 Appeal of Denial of Certification; Hearings; Evidence

13.1. Any person who desires to appeal a decision or Order of the State Fire Marshal may appeal the decision or Order pursuant to the provisions contained in W. Va. Code § 15A-10-1 et seq. The taking of evidence and hearing procedures shall be made in conformity therewith.

W. Va. Code R. § 103-1-14 Appeal

14.1. An appeal from any final order entered in accordance with these rules shall comply with the provisions of W. Va. Code § 15A-10-1 et seq.

W. Va. Code R. § 103-1-15 Orders and Decisions of the State Fire Marshal

15.1. State Fire Marshal’s Order and Decisions are final and Conclusive - Any order or final written decision of the State Fire Marshal based upon or made in the course of the administration or enforcement of the provisions of W. Va. Code §§29-3C-1 et seq. based upon or made pursuant to this rule, is final, unless vacated or modified upon review pursuant to the appeal rights and procedures provided by W. Va. Code § 15A-10-1 et seq. and this rule.

15.2. Judicial Review. -- Any order or final written decision of the State Fire Marshal shall contain a notice that compliance therewith shall be required within a period of 30 days from the date of issuance thereof and also that any person desiring to contest the validity of any such order or decision may enter an appeal from such order or decision to the Office of Administrative Hearings established in W.Va. Code §15A-9-1 et seq. of this code. Then a party may appeal the hearing examiner’s decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all “[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022” per West Virginia Code §51-11-4(b)(4).

103CSR1

Series 02 Fees For Licenses, Permits, Inspections, Plans Review And Other Services Rendered

W. Va. Code R. § 103-2-1 General

1.1. Scope. -- This Legislative Rule establishes the fees to be charged by the State Fire Marshal for services rendered.

1.2. Authority -- W. Va. Code §29-3-12b.

1.3. Filing Date -- April 27, 2005

1.4. Effective Date -- June 1, 2005

W. Va. Code R. § 103-2-2 Definitions

2.1. NFPA -- National Fire Protection Association

2.2. NFC -- National Fire Codes

2.3. Manufacturing -- Mixing, blending, extruding, assembling, disassembling, chemical synthesis, and other functions involved in making a product or device that is intended to explode.

2.4. Manufacturer -- Any person engaged in the business of manufacturing explosive materials for purposes of sale or distribution.

2.5. Manufacturer-limited -- Any person engaged in the business of manufacturing explosive materials for his own use and not for sale or distribution.

2.6. Dealer -- Any person engaged in the business of distributing explosive materials at wholesale or retail.

W. Va. Code R. § 103-2-3 Explosives: As Defined in NFC Sections 495, 1124, and 1126. Exception: Chapter 11 of Section 495

3.1. Permits to use explosives:

ANNUAL

CLASS CATEGORY BLASTING PERMITTED PERMIT FEE

A Unlimited All types of blasting $75.00 B General aboveground All phases of blasting operation in quarries, 75.00 open pit mines, and aboveground construction.

C General underground All phases of blasting operations in underground $75.00 mines, shafts, tunnels, and drifts.

Exception, underground coal mining.

D Demolition All phases of blasting in demolition projects $75.00 E Seismic All phases of blasting in seismic prospecting $50.00 F Agriculture All phases of blasting in agriculture, but $15.00 limited to not more than 50 lbs. (22.7 kg) per blast.

G Special Special blasting as described on the permit $40.00 H Pyrotechnicians Indoor Fireworks Display’s $20.00 I Pyrotechnicians Outdoor Fireworks Display’s $20.00 Initial Application/Test Fee For Application Review and any testing $40.00 for above licenses

3.2. Permit to sell Explosives Initial Application and Review Fee $40.00 Manufacturer, site—site specific $1,000.00 annual fee Manufacturer—limited, site specific $250.00 annual fee Dealer (state wide) $500.00 annual fee

3.3. Permit to store Explosives $100.00 per magazine 3.4 Public Fireworks Display and Storage Permit (for each display) 1% of invoiced display with a minimum fee of $25.00

W. Va. Code R. § 103-2-4 Explosives as defined in NFC Section 495, Chapter 11

Permit to store and sale on premises $50.00 annual fee

W. Va. Code R. § 103-2-5 Removal, Transportation & Disposal of explosive/hazardous materials, or other legally confiscated items or material

Actual cost of personnel, materials, transportation, and other miscellaneous and related cost necessary to mitigate the situation plus 30% overhead charges.

W. Va. Code R. § 103-2-6 Inspections

6.1. Public/Private Schools: Preschool-12th Grade: $25.00 per bldg.

6.2. Day Care Occupancy: $25.00 per bldg.

6.3. Hospitals:

6.3.1. 100 or more beds $100.00 per bldg.

6.3.2. 99 or less beds $75.00 per bldg.

6.4. Nursing Homes:

6.4.1. 100 or more beds $100.00 per bldg.

6.4.2. 99 or less beds $75.00 per bldg.

6.5. Limited-Care Occupancy $50.00 per bldg.

6.6. Board and Care Occupancy:

6.6.1. Small (up to 16 residents) $30.00 per bldg.

6.6.2. Large (more than 16 residents) $50.00 per bldg.

6.7. Residential Occupancy:

6.7.1. Hotels/Motels $2.00 per guest room with a minimum of $25.00 per inspection

6.7.2. Dormitories -- 51 or more beds $100.00 per inspection 50 or less beds $50.00 per inspection

6.7.3. Apartments -- 13 or more units per bldg. $ 100.00 per inspection 12 or less units per bldg. $50.00 per inspection

6.7.4. Lodging/Rooming occupancies $ 30.00 per inspection

6.8. Mercantile Occupancy:

6.8.1. Covered malls (Concourse) $100.00 per inspection

6.8.2. Combined mercantile and residential occupancy $75.00 per inspection

6.8.3. Class A mercantile $100.00 per inspection

6.8.4. Class B mercantile $ 100.00 per inspection

6.8.5. Class C mercantile $ 50.00 per inspection

6.9. Business Occupancy:

6.9.1. City Halls $50.00 per inspection

6.9.2. Courthouses $50.00 per inspection

6.9.3. Dentist and doctors offices $50.00 per inspection

6.9.4. General offices $50.00 per inspection

6.9.5. Outpatient clinics, ambulatory care $100.00 per inspection

6.9.6. Colleges and universities including instructional building, classrooms under 50 persons, and instructional laboratories $100.00 per inspection

6.10. Assembly Occupancy:

6.10.1. Occupant load of 1000 + persons $100.00 per inspection

6.10.2. Occupant load of 301 – 999 persons $75.00 per inspection

6.10.3. Occupant load of 50 – 300 persons $50.00 per inspection

6.11. Detention/Correction Occupancy: 51 or more beds $100.00 per inspection 50 or less beds $50.00

6.12. Fire Protection System: The state fire marshal may charge the following fee for acceptance of a newly installed fire protection system in existing buildings.

6.12.1. Fire alarm system $50.00 per inspection

6.12.2. Sprinkler system $50.00 per inspection

6.12.3. Kitchen AES $25.00 per inspection

6.12.4. FM 200 $25.00 per inspection

6.12.5. If the owner or occupant of any occupancy arranges a time and place for an inspection with the state fire marshal’s office and is not ready for the occupancy to be inspected at the appointed time and place, the owner or occupant thereof shall be charged the inspection fee provided in this section, unless at least forty-eight hours prior to the scheduled inspection the owner or occupant requests the state fire marshal to reschedule the inspection. In the event a second inspection is required by the state fire marshal as a result of the owner or occupant failing to be ready for the inspection when the state fire marshal arrives, the state fire marshal shall charge the owner or occupant of the occupancy the inspection fees set forth above for each inspection trip required.

6.13. Inspection upon written complaint:

Unjustified Complaint (Fee charged complainant) $25.00

6.14. Review of Architectural Plans and Specifications of New and Existing Construction:

One dollar for each one thousand dollars of construction cost up to the first one million dollars. Thereafter, the fee is eighty cents for each one thousand dollars of construction cost. (fee includes all construction inspections and final inspection for a certificate of occupancy)

6.15. Review of Sprinkler Plans and Specifications:

6.15.1. 13 D Sprinkler system $85.00

6.15.2. 13 and 13 R sprinkler system (based on number of sprinkler heads)

6.15.2.1. 1-200 heads $85.00

6.15.2.2. 201-399 heads $100.00

6.15.2.3. 400-749 heads $120.00

6.15.2.4. 750 + heads $120.00 plus 10 cents per head over 750 heads

6.16. Review of Fire Alarm Plans and Specification: $50.00 per 10,000 square foot building with $50.00 being the minimum cost

6.17. Review of Range Hood Plans and Specifications: $25.00 per hood

6.18. Review of FM 200 Plans and Specifications: $100.00 per system

6.19. Review for Carpet Specifications of Certification/ Approval: $20.00

W. Va. Code R. § 103-2-7 Administration Fees

7.1. Document Research:

7.1.1. In office $10.00 per hour

7.1.2. In archives $25.00 per hour

7.2. Document Duplications:

7.2.1. First Page $2.00

7.2.2. Each additional page $.25

7.3. Copies of Public Records $10.00 per hour with a minimum of 1 hour, plus duplication/ copy charges

7.4. Fire Department Mailing Labels $50.00 per set

7.5. Written confirmation of license/permits $25.00

7.6. Fire Investigation Reports $25.00

7.7. Fire Incident Reports $10.00 7.8 Invoices and billing are due within 30 days of services date. Past due accounts will accrue interest at the rate of 1 ½ % per month on the unpaid balance of the account.

103CSR2

103CSR2

Series 03 Supervision of Fire Protection Work

W. Va. Code R. § 103-3-1 General

1.1. Scope. -- This legislative rule governs certification, fees, examinations, training, powers and duties of the West Virginia State Fire Marshal and penalties for violations in accordance with W. Va. Code § 29-3D et seq.

1.2. Authority. -- W. Va. Code §29-3D-4.

1.3. Filing Date. -- April 15, 2024.

1.4. Effective Date. -- May 1, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2029.

W. Va. Code R. § 103-3-2 Application and Enforcement

2.1. Application. This legislative rule applies to the West Virginia State Fire Marshal and all persons, materials and transactions governed or otherwise defined under coverage of the Supervision of Fire Protection Work, W. Va. Code §29-3D et seq.

2.2. Enforcement. The enforcement of this legislative rule is vested with the West Virginia State Fire Marshal.

2.3. Interagency Agreements. The West Virginia State Fire Marshal may enter into an interagency agreement with the Commissioner of Labor for the mutual purpose of enforcing the provisions of this rule.

W. Va. Code R. § 103-3-3 Definitions

3.1. "Agent Suppression System" shall mean systems discharging chemicals or gases, and as further defined in this rule by type of system.

3.2. “Board” means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupational license or other authorization to practice to an individual.

3.3. "Certified Person" shall mean a person that has been certified by an organization recognized by the state fire marshal through a formal certification program or by an equipment manufacturer that has a certification program accepted by the state fire marshal.

3.4. "Combination Fire/Smoke Damper" shall mean a device that meets both fire damper and smoke damper definitions.

3.5. "Damper" shall mean a fire damper, smoke damper, or combination fire/smoke damper.

3.6. "Damper Work" means to install, test, maintain, or repair a damper.

3.7. "Engineered Systems" shall mean those agent suppression systems requiring individual calculation and design to determine the flow rates, nozzle pressures, pipe size, area or volume protected by each nozzle, quantities of agent, number and type of nozzles, and their placement in a specific system.

3.8. "Engineered Suppression Systems Installer" means a person certified by the respective manufacturer to install, alter, extend, maintain, layout or repair an engineered suppression system. This shall not include the fabrication or installation of any associated exhaust recovery appliances such as "hoods" and exhaust pipes or plenums.

3.9. "Engineered Suppression Systems Technician" means a person certified by a manufacturer to maintain or repair an engineered suppression system. This shall not include the fabrication or installation of any associated exhaust recovery appliances such as "hoods" and exhaust pipes or plenums.

3.10. "Fire Damper" means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow, and to restrict the passage of flame. Fire dampers are classified for use in either static systems or for dynamic systems, where dampers are rated for closure under airflow.

3.11. "Fire Protection Damper Technician" means a person certified to install, test, maintain, or repair a damper.

3.12. "Fire Protection Damper Technician In-Training" means a person with interest in and an aptitude for performing installation, maintenance, or repair work to a damper as defined by this rule, but who alone is not capable or authorized to perform damper work unless directly supervised by a Fire Protection Damper Technician.

3.13. "Fire Protection Technician" means the following technicians required to be licensed under the provisions of this rule: portable fire extinguisher technician, pre-engineered suppression systems technician, and sprinkler-based fire protection layout technician.

3.14. "Fire Protection Worker" means a person engaged in the installation, alteration, extension, maintenance, or testing of all piping, materials and equipment inside a building, including the use of shop drawings prepared by a fire protection layout technician, in connection with the discharge of water, other special fluids, chemicals, or gases, and backflow preventers for fire protection for the express purpose of extinguishing or controlling fire. Fire protection worker includes fire protection damper technician, fire protection damper technician in training, journeyman sprinkler fitter, sprinkler fitter in training, portable fire extinguisher technician, pre-engineered suppression systems installer, pre-engineered suppression systems technician, and sprinkler-based fire protection layout technician.

3.15. "Fire Protection System" means any fire protection suppression device or system designed, installed and maintained in accordance with the applicable National Fire Protection Association (NFPA) codes and standards, but does not include public or private mobile fire vehicles.

3.16. "Fire Protection Work" shall mean the installation, alteration, extension, maintenance, or testing of all piping, materials and equipment inside a building, including the use of shop drawings prepared by a fire protection layout technician, in connection with the discharge of water, other specialty fluids, chemicals, or gases, and backflow preventers for fire protection for the express purpose of extinguishing or controlling fire.

3.17. “Journeyman sprinkler fitter” means a person qualified by at least 2,000 hours of work experience installing, adjusting, repairing, and dismantling fire protection systems and who is competent to instruct and supervise fire protection work: Provided, That current license renewal exemptions to examinations apply.

3.18. "Layout" shall mean the preparation of shop drawings used in the installation of fire protection systems in either commercial or residential occupancies implementing engineering contract documents using applicable codes and standards.

3.19. "NFPA" means "National Fire Protection Association", 1 Batterymarch Park, Quincy, MA 02169. The standards and requirements as set out and as published by the NFPA as listed in this rule, have the same force and effect as if set out verbatim in this rule.

3.20. "NICET" means the National Institute for Certification in Engineering Technologies. The standards and requirements as set out and as published by the NICET as listed in the rule, have the same force and effect as if set out verbatim in this rule.

3.21. "Portable Fire Extinguisher Technician" means a person certified in accordance with NFPA 10 to install, maintain, repair and certify portable fire extinguishers as defined by NFPA 10.

3.22. "Pre-Engineered Suppression Systems Installer" means a person certified by the respective manufacturer to install, alter, extend, maintain, layout, or repair a pre-engineered suppression system. This shall not include the fabrication or installation of any associated exhaust recovery appliances such as "hoods" and exhaust pipes or plenums.

3.23. "Pre-Engineered Suppression Systems Technician" means a person certified to maintain or repair a pre-engineered suppression system. This shall not include the fabrication or installation of any associated exhaust recovery appliances such as "hoods" and exhaust pipes or plenums.

3.24. "Pre-Engineered Systems" shall mean those agent suppression systems having predetermined flow rates, nozzle pressures, and quantities of extinguishing agent. These systems have the specific pipe size, maximum and minimum pipe lengths, flexible hose specifications, number of fittings, and number and types of nozzles prescribed by a testing laboratory. The maximum and minimum pipe lengths and the number of fittings shall be permitted to be expressed in equivalent feet of pipe. The hazards protected by these systems are specifically limited as to type and size by a testing laboratory, based on actual fire tests. Limitations on hazards that are permitted to be protected by these systems and piping and nozzle configurations are contained in the manufacturer's listed installation and maintenance manual, which is part of the listing of the system.

3.25. "Sprinkler-Based Fire Protection Layout Technician" is an individual who has achieved National Institute for Certification in Engineering Technologies (NICET) Level III or higher certification, and who has the knowledge, experience, and skills necessary to layout fire protection systems based on engineering design documents.

3.26. "Sprinkler Systems" shall mean for fire protection purposes, an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards, discharging water or a combination of water and chemicals, and for the purposes of this rule as further defined in NFPA 13.

3.27. "State Fire Marshal" shall mean the West Virginia State Fire Marshal.

3.28. "Supervision" shall mean for the purposes of this rule, the availability of a higher classification to be located on the work-site. All work required to be supervised shall be inspected upon the completion of the fire protection work performed.

3.29. "Single Family Dwelling" means a building which is occupied as, or designed or intended for occupancy as, a single residence for one or more persons.

W. Va. Code R. § 103-3-4 Adoption of Standards

4.1. National standards. For the enforcement of this rule the NICET and NFPA codes and standards as cited in this rule are hereby incorporated by reference and shall have the same force and effect as if set out verbatim in this rule.

4.2. State standards. W. Va. Rule 87CSR1 et seq. "State Fire Code".

W. Va. Code R. § 103-3-5 License Required; Exemptions

5.1. A person may not perform fire protection work in this state without a license issued under this rule.

5.2. Effective January 1, 2016, a person performing or offering to perform damper work in this state shall have a license issued by the State Fire Marshal, in accordance with this rule.

5.2.a. Provided, that a person may not be licensed to perform damper work in this state without first being licensed as a HVAC technician pursuant to the provisions of article sixteen, chapter twenty-one of the Code of West Virginia.

5.3. These licensure requirements do not apply to:

5.3.a. A person who personally performs fire protection work or damper work on a single family dwelling owned or leased, and occupied by that person or that person’s immediate family;

5.3.b. A person who performs fire protection work or damper work at any manufacturing plant or other industrial establishment as an employee of the person, firm, or corporation operating the plant or establishment;

5.3.c. A person who, while employed by a public utility or its affiliate, performs fire protection work in connection with the furnishing of public utility service;

5.3.d. A person who performs fire protection work while engaging in the business of installing, altering, or repairing water distribution or drainage lines outside the foundation walls of a building, public, or private sewage treatment, or water treatment systems including all associated structures or buildings, sewers, or underground utility services;

5.3.e. A person who performs fire protection work while engaged in the installation, extension, dismantling, adjustment, repair, servicing, or alteration of a heating, ventilation and air condition (HVAC) system, air-veyor system air exhaust system, or air handling system; or

5.3.f. A person who performs fire protection work at a coal mine that is being actively mined or where coal is being processed.

5.4. A person shall not present, call, or represent him or herself as able to perform fire protection work unless licensed in accordance with the provisions of this rule.

5.5. Sprinkler based fire protection systems installation shop drawings shall be prepared by, or under the supervision of, a licensed sprinkler based fire protection layout technician and shall bear the name, signature, assigned license number and NICET certification number of the responsible fire protection layout technician.

W. Va. Code R. § 103-3-6 Minimum Qualifications for Licensure

6.1. The State Fire Marshal shall certify any applicant for a license who:

6.1.a. Is at least 18 years of age;

6.1.b. Submits an application on forms provided by the State Fire Marshal;

6.1.c. Submits copies of current certificates of competency pertaining to their respective license(s); and

6.1.d. Pays the application fee(s).

6.2. A license issued under this rule is valid throughout the state, is not assignable or transferable, and is valid for a period not to exceed 3 years from the date on which it was issued.

W. Va. Code R. § 103-3-7 Certifications, Examinations Required

7.1. All persons desiring a sprinkler based fire protection layout technician license under the provisions of this rule shall submit to the State Fire Marshal an application on forms provided by the State Fire Marshal and include documentation that the individual has achieved NICET Level III or higher certification in the appropriate classification.

7.2. All persons desiring an engineered suppression systems installer license under the provisions of this rule shall submit to the State Fire Marshal an application on forms provided by the State Fire Marshal along with all copies of all pertinent certifications from specific manufacturers authorizing the applicant to install, alter, extend, maintain, or repair their systems.

7.3. All persons desiring an engineered suppression systems technician license under the provisions of this rule shall submit to the State Fire Marshal an application on forms provided by the State Fire Marshal authorizing the applicant to maintain or repair engineered suppression systems.

7.4. All persons desiring a pre-engineered suppression systems installer license under the provisions of this rule shall submit to the State Fire Marshal an application on forms provided by the State Fire Marshal along with all copies of all pertinent certifications from specific manufacturers authorizing the applicant to install, alter, extend, maintain, or repair their systems.

7.5. All persons desiring a pre-engineered suppression systems technician license under the provisions of this rule shall submit to the State Fire Marshal an application on forms provided by the State Fire Marshal authorizing the applicant to maintain or repair pre-engineered suppression systems.

7.6. All persons desiring a portable fire extinguisher technician license under the provisions of this rule shall submit to the State Fire Marshal an application on forms provided by the State Fire Marshal, along with all copies of all pertinent certifications demonstrating certification in accordance with NFPA 10 which authorizes the applicant to install, maintain or certify portable fire extinguishers complying with NFPA 10.

7.7. All persons desiring a sprinkler fitter license under the provisions of this rule shall submit to the State Fire Marshal an application on forms provided by the State Fire Marshal and include documentation they have at least 2,000 hours of work experience installing, adjusting, and repairing sprinkler based fire protection systems.

7.8. Occupational license reciprocity, other authorization to practice.

7.8.a. Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application, if all the following apply:

7.8.a.1. The person holds a valid occupational license or other authorization to practice in another state in a lawful occupation with a similar scope of practice and with education, experience, and examination requirements for licensure or authorization to practice similar to those of this state, as determined by the board in this state;

7.8.a.2. The person has held the occupational license or other authorization to practice in the state where he or she holds a valid license or other authorization to practice for at least one year;

7.8.a.3. The person has met all educational and examination requirements for occupational licensure or other authorization to practice in the state where he or she holds a valid license;

7.8.a.4. The person is in good standing with the board in every other state where he or she holds a valid license;

7.8.a.5. The person has established residency as a West Virginia resident as defined by §11-21-7(a) of this code;

7.8.a.6. The person does not have a disqualifying criminal record as determined by the board in this state;

7.8.a.7. The person has never had his or her license or other authorization to practice revoked by the board in another state because of negligence or intentional misconduct related to the person’s work in the occupation;

7.8.a.8. The person did not surrender an occupational license or other authorization to practice because of negligence or intentional misconduct related to the person’s work in the occupation in another state;

7.8.a.9. The person does not have a complaint, allegation, or investigation pending before a board in another state. If the person has a complaint, allegation, or investigation pending, the board in this state shall not issue or deny an occupational license or other authorization to practice to the person until the complaint, allegation, or investigation is resolved; and

7.8.a.10. The person pays all applicable fees and meets all applicable bonding requirements in this state.

7.8.a.11. If West Virginia requires an occupational license to lawfully work in a profession, and another state does not issue an occupational license for the same profession and instead issues another authorization to practice, West Virginia shall issue an occupational license to the person if the person otherwise satisfies subdivision 7.8.a. of this section.

7.8.a.12. Any person issued a license under this article must comply with all relevant continuing education requirements to renew a license established by the board and any other rule promulgated by the board as required in §29-33-8 of this code.

7.9. Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application based on work experience in another state, if all the following apply:

7.9.a.1. The person worked in a state that does not use an occupational license or other authorization to practice that regulates a lawful occupation, but this state uses an occupational license or other authorization to practice that regulates a lawful occupation with a similar scope of practice, as determined by the board;

7.9.a.2. The person worked for at least two years in the lawful occupation and has acquired experience demonstrating knowledge and proficiency in the occupation similar to that which may be achieved through compliance with the education and examination requirements to practice of this state, as determined by the board;

7.9.a.3. The person has taken and passed any required national examinations to lawfully practice the occupation or use a title in connection with an occupation in another state; and

7.9.a.4. The person satisfies §29-33-3(a)(5), §29-33-3(a)(6), and §29-33-3(a)(10) of this code.

7.10. State law examination.

7.10.a. A board may require a person to pass a jurisprudential examination specific to relevant West Virginia laws that regulate the occupation if an occupational license or other authorization to practice in this state requires a person to pass such examination for original licensure.

W. Va. Code R. § 103-3-8 Expiration and Renewal

8.1. Expiration - All fire protection licenses issued by the State Fire Marshal expire on the last day of the anniversary month from the month of issuance of the license. The expiration date will coincide with the duration of the license period; provided for the purpose of efficient management of licensure, for a fire protection damper technician or fire protection damper technician in training license granted prior to July 1, 2016, the State Fire Marshal may extend the duration of licensure at no cost to the licensee for up to 12 months beyond the term of the license.

8.2. Upon receipt of a renewal application on a form provided by the State Fire Marshal and payment of a renewal fee, the State Fire Marshal shall renew the license for a period not to exceed 3 years. It is the individual license holder's responsibility to submit his or her license renewal to the State Fire Marshal prior to the expiration date.

8.3. Renewal after expiration - A license holder who has not renewed his or her license in accordance with the provisions of this rule shall submit a new application to the State Fire Marshal following the requirements of section 6 of this rule.

8.4. The State Fire Marshal may mail license renewal notifications in a timely manner, to each license holder.

W. Va. Code R. § 103-3-9 Denial, Suspension, Revocation, or Reinstatement of License

9.1. The State Fire Marshal may deny, suspend, revoke, or reinstate a license.

9.2. The State Fire Marshal may deny a license to any applicant who fails to comply with the rules established by the State Fire Marshal, or who lacks the necessary qualifications. When considering whether an applicant possesses the qualifications for a license, the State Fire Marshal shall consider whether an applicant’s prior criminal convictions bear a rational nexus on the license being sought.

9.2.a. The State Fire Marshal may not disqualify an applicant from initial licensure because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the activity requiring licensure. In determining whether a criminal conviction bears a rational nexus to a profession or occupation, the State Fire Marshal shall consider at a minimum:

9.2.b. The nature and seriousness of the crime for which the individual was convicted;

9.2.c. The passage of time since the commission of the crime;

9.2.d. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and

9.2.e. Any evidence of rehabilitation or treatment undertaken by the individual.

9.2.f. Notwithstanding any other provision of this code to the contrary, if an applicant is disqualified from licensure because of a prior criminal conviction, the State Fire Marshal shall permit the applicant to apply for initial licensure if:

9.2.g. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;

9.2.h. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and

9.2.i. The conviction was not for an offense of a violent or sexual nature: Provided, That a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure, to be determined by the State Fire Marshal.

9.2.j. An individual with a criminal record who has not previously applied for licensure may petition the State Fire Marshal at any time for a determination of whether the individual’s criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individual’s criminal record to enable the State Fire Marshal to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction.

9.3. The State Fire Marshal may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensee’s license if:

9.3.a. The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant’s qualifications or experience;

9.3.b. The licensee subscribed or vouched for a material misstatement in his or her application for licensure; or

9.3.c. The licensee incompetently or unsafely performs fire protection work or damper work

9.4. Each licensed fire protection worker shall carry proof of valid licensure on his or her person during the performance of fire protection work.

9.5. A person whose license has been revoked may apply for a new license one year after the date of the revocation.

W. Va. Code R. § 103-3-10 Effect of Noncompliance; Failure to Obtain Certification; Penalty

10.1. A person performing or offering to perform fire protection work without a license issued by the State Fire Marshal, is subject to a citation.

10.1.a. Any person continuing to engage in fire protection work after the issuance of a citation is subject to the following penalties:

(1) For the first offense, a fine of not less than $200 nor more than $1,000;

(2) For the second offense, a fine of not less than $500 nor more than $2,000; and (3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000.

10.1.b. Each day after a citation is given that a person continues to perform, or an employer continues to authorize a person to perform, fire protection work, which is not exempt by the provisions of §29-3D-3 of this code, is a separate offense and punishable accordingly.

10.1.c. The State Fire Marshal may institute proceedings in the circuit court of Kanawha County or the county where the alleged violation of the provisions of this article occurred or are now occurring to enjoin any violation of any provision of this article.

10.1.d. A circuit court by injunction may compel compliance with the provisions of this article, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal.

10.1.e. The State Fire Marshal shall be represented in all such proceedings by the Attorney General or his or her assistants.

10.1.f. Any person adversely affected by an action of the State Fire Marshal may appeal the action pursuant to the provisions of chapter §15A-10 of this code.

W. Va. Code R. § 103-3-11 Disposition of Complaints

11.1. Enforcement of Certification Requirements -- In the course of investigating complaints as authorized under W.Va. Code§29-3D-1 et seq., the State Fire Marshal shall determine whether or not the person against whom the complaint has been filed is certified under W.Va. Code §29-3D-1 et seq.

11.2. Any citizen, law enforcement official or other official of any state, county, or municipal government agency, upon observing an infraction of the certification requirements of W. Va. Code §29- 3D-1 et seq. or this rule, may file a written complaint with the office of the State Fire Marshal. The State Fire Marshal may provide a form for this purpose, but a complaint may be filed in any written form. When a complaint is filed with the office of the State Fire Marshal, that office shall investigate the complaint. In addition to describing the alleged violation which prompted the complaint, the complaint shall contain as a minimum the following information:

11.2.a. The name and address of the certified person or applicant against whom the complaint is lodged;

11.2.b. The date of the alleged unlawful act;

11.2.c. The nature of the alleged unlawful act; and

11.2.d. The location of the alleged unlawful act or occurrence.

11.3. A copy of the complaint sent to the certificate holders or applicants shall be considered properly served when sent to their last known address. It is the responsibility of the certificate holder or applicant to keep the State Fire Marshal informed of his or her current address. The certificate holder or applicant has 30 days to file a response or appeal petition to the complaint with the State Fire Marshal's office.

11.4. After receipt and review of a complaint, the State Fire Marshal shall cause to be conducted any reasonable inquiry or investigation he or she considers necessary to determine the truth and validity of the allegations set forth in the complaint.

W. Va. Code R. § 103-3-12 Causes for Denial, Limitation, Suspension or Revocation of Certifications of Fire Protection Workers

12.1. The State Fire Marshal may deny, limit, suspend, or revoke a license issued if the provisions of this article, or if the rules promulgated pursuant to this article or §15A-11-1 et seq. of this code are violated.

12.1.a. Before any such license is denied, limited, suspended, or revoked, however, written notice shall be given to the licensee stating the grounds for such denial, limitation, suspension, or revocation.

12.1.b. An applicant or licensee has 10 working days after receipt of the order denying, limiting, suspending, or revoking a license to request a formal hearing contesting the denial, limitation, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of §29A-5-1 et seq. of this code.

12.1.c. If the license is denied, limited, suspended, or revoked, the license or certification holder shall cease and desist practices of their profession as of the effective date of the denial, limitation, suspension, or revocation. Any administrative appeal of such denial, limitation, suspension, or revocation shall not stay the denial, limitation, suspension, or revocation.

12.2. A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to §15A-9-1 et seq. of this code or may choose independent informal dispute resolution as set forth in this article.

12.2.a. Then a party may appeal the hearing examiner’s decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all “[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022” per West Virginia Code §51-11-4(b)(4).

12.3. Independent informal dispute resolution.

12.3.a. A license or certification holder adversely affected by an order or citation of a deficient practice issued pursuant to this article may request the independent informal dispute resolution process. A license or certificate holder may contest a cited deficiency as contrary to law or unwarranted by the facts or both.

12.3.b. The State Fire Marshal has the authority to establish conference panels composed of three persons of the licensed or certified skill to decide the outcome of the independent informal dispute resolution process. One member shall be selected by the State Fire Marshal, one member shall be selected by the licensee or certificate holder, and one member shall be selected by agreement of both. If a vacancy occurs on the panel, the replacement for that member shall be made by the original individual who had selected such member. The members of the panel shall serve without compensation. This panel shall hear the matter and render a decision. The licensee or certificate holder may not be accompanied by counsel during the independent informal dispute resolution conference.

12.3.c. Upon appeal of a decision rendered by the State Fire Marshal, the panel shall hold an informal conference affirming, modifying, or vacating an order of the State Fire Marshal, or issuing an order in the name of the State Fire Marshal. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notices of its decision to the parties. The decision of the panel is final. The independent informal dispute resolution process is not a formal evidentiary proceeding.

12.3.d. A party aggrieved by a decision of a panel may appeal pursuant to §29A-5-4 of this code.

12.3.e. The State Fire Marshal shall promulgate a procedural rule to carry out the provisions of this section.

W. Va. Code R. § 103-3-13 Fire Protection License Fund; Fees; Disposition of Funds

13.1. The State Fire Marshal shall deposit all fees paid in a special revenue account with the State Treasurer pursuant to W. Va. Code §29-3D-9 for the use of the State Fire Marshal as provided under W. Va. Code §29-3-12(b)(c).

13.2. The license fee for a sprinkler based fire protection layout technician and journeyman sprinkler fitter is $100 for 1 year or one-hundred and $175 for 3 years.

13.3. The license fee for a pre-engineered suppression systems installer shall be $50 for 1 year or $100 for 3 years.

13.4. The license fee for a pre-engineered suppression systems technician shall be $25 for 1 year or $50 for 3 years.

13.5. The license fee for an engineered suppression systems installer shall be $50 for 1 year or $100 for 3 years.

13.6. The license fee for an engineered suppression systems technician shall be $25 for 1 year or $50 for 3 years.

13.7. The license fee for a portable fire extinguisher technician shall be $50 for 1 year or $100 for 3 years.

13.8. All applicants for a fire protection worker license shall pay an application fee of $50.

W. Va. Code R. § 103-3-14 Reciprocity

14.1. The State Fire Marshal, in his or her discretion, may grant a license of the same classification without examination to a fire protection technician licensed by another state upon payment of the license fee, application fee and submission of a completed application as provided by the State Fire Marshal to the State Fire Marshal. The State Fire Marshal may issue a fire protection technician certificate to any person who holds a valid certification, license or registration to conduct fire protection work, issued by another state or possession of the United States or the District of Columbia that has standards substantially equivalent to, or exceeding, those of this state, as determined by the State Fire Marshal.

W. Va. Code R. § 103-3-15 Severability

15.1. The sections of this rule are severable. Should any section be declared by judicial opinion unconstitutional or in any manner contrary to the laws of the State of West Virginia, that particular section shall be invalid and all other sections shall remain in full force and effect.

Series 04 Regulation of Fireworks and Related Explosive Materials

W. Va. Code R. § 103-4-1 General

1.1. Scope. -- This legislative rule governs the manufacture, transportation, storage, sale, and display of fireworks in this state in accordance with W. Va. Code § 29-3E-1 et seq.

1.2. Authority. -- W. Va. Code §§ 29-3E-4(b)(4), 29-3E-5(a)(5), 29-3E-6(b)(4) and 29-3E-8(a).

1.3. Filing Date. -- May 5, 2022.

1.4. Effective Date. -- May 31, 2022. 1.5 Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2027.

W. Va. Code R. § 103-4-2 Application and Enforcement

2.1. Application. This legislative rule applies to the West Virginia State Fire Marshal and all persons, materials and transactions governed or otherwise defined under coverage of Fireworks Safety, W. Va. Code §29-3E-1 et seq.

2.2. Enforcement. The enforcement of this legislative rule is vested with the West Virginia State Fire Marshal.

2.2.a. The West Virginia State Police, deputy sheriffs, municipal police officers and other law enforcement officers shall assist in the enforcement of this rule.

W. Va. Code R. § 103-4-3 Definitions

3.1. “Approved” means acceptable to the authority having jurisdiction.

3.2. “Authority Having Jurisdiction” or “AHJ” means an organization, office, or individual responsible for enforcing the requirements of a code or standard, or for approving equipment, materials, an installation, or a procedure. For the purpose of this rule, unless otherwise referenced, the AHJ is designated as the State Fire Marshal.

3.3. “Agricultural and wildlife fireworks” means fireworks devices distributed to farmers, ranchers and growers through a wildlife management program administered by the United States Department of the Interior or the Division of Natural Resources of this state.

3.4. “Amusement park” means any person or organization which holds a permit for the operation of an amusement ride or amusement attraction under article ten, chapter twenty-one of this code;

3.5. “APA Standard 87-1” means the APA Standard 87-1 published by the American Pyrotechnics Association, as amended, and incorporated by reference into Title 49 of the Code of Federal Regulations;

3.6. “Articles pyrotechnic” means pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 C.F.R. §172.101 (2014).

3.7. “Consumer Fireworks Retail Sales” or “CFRS” means any location where consumer fireworks are sold at retail to the general public.

3.8. “Consumer Fireworks Retail Sales Area” or “CFRS Area” means the portion of a consumer fireworks retail sales facility or store, including the immediately adjacent aisles, where consumer fireworks are located for the purpose of retail display and sale to the public.

3.9. “Consumer Fireworks Retail Sales Facility” or “CFRS Facility” means a permanent or temporary building or structure, CFRS stand, tent, canopy, or membrane structure that is used primarily for the retail display and sale of consumer fireworks to the public.

3.10. “Consumer Fireworks Retail Sales Stand” or “CFRS Stand” means a location that has a floor area not greater than 800 ft² (74 m²), other than tents, canopies, or membrane structures, that is used primarily for the retail display and sale of consumer fireworks to the public. CFRS Stands can include, but are not limited to, small buildings, plywood or sheet metal structures, manufactured buildings, semitrailers, trailers, shipping containers, or similar structures or facilities.

3.11. “Consumer Fireworks Storage Building” means a building in which finished consumer fireworks are received, stored, and shipped but in which no manufacturing is performed.

3.12. “Consumer fireworks” means small fireworks devices that are designed to produce visible effects by combustion that are required to comply with the construction, chemical composition and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. Parts 1500 and 1507 (2014), and that are listed in APA Standard 87-1. Consumer fireworks do not include sparkling devices, novelties, toy caps or model rockets. Consumer fireworks are normally classified as Explosives, 1.4G and described as Fireworks, UN 0336 by the U.S. Department of Transportation (U.S. DOT) (see Annex C). Some small devices designed to produce audible effects are included, such as whistling devices, ground devices containing 0.8 gr (50 mg) or less of explosive composition (salute powder), and aerial devices containing 2 gr (130 mg) or less of explosive composition (salute powder) per explosive unit. Consumer fireworks that comply with the construction, chemical composition, and labeling regulations of the U.S. DOT for fireworks, 49 CFR 172, and the U.S. Consumer Product Safety Commission (CPSC) as set forth in CPSC 16 CFR 1500 and 1507, are not considered to be explosive materials for purposes of this rule.

3.13. “Consumer fireworks certificate” means a certificate issued under section five, article three-e, chapter twenty-nine of the code of West Virginia.

3.14. “Display fireworks” means large fireworks to be used solely by professional pyro-technicians licensed by the State Fire Marshal and designed primarily to produce visible or audible effects by combustion, deflagration or detonation and includes, but is not limited to, salutes containing more than two grains (one hundred thirty milligrams) of explosive materials, aerial shells containing more than forty grams of pyrotechnic compositions and other display pieces that exceed the limits of explosive materials for classification as consumer fireworks and are classified as Explosives, 1.3G by the U.S. Department of Transportation (U.S. DOT), and/or fireworks UN0333, UN0334, or UN0335 under 49 C.F.R. §172.101 (2014).

3.15. “Distributor” means a person who sells fireworks to wholesalers and retailers for resale in this state.

3.16. “Distribution Facility” means a place where consumer fireworks are received, stored, picked, packaged and packed into shipping cartons, and shipped to other distribution facilities, manufacturing facilities, or CFRS facilities or stores.

3.17. “Division 1.3 explosive” means that term as defined in 49 C.F.R. §173.50 (2014).

3.18. “Division 1.4 explosive” means that term as defined in 49 C.F.R. §173.50 (2014).

3.19. “DOT-Approved Packaging” means packaging for fireworks complying with the regulations of the U.S. Department of Transportation (DOT), Title 49, Part 178. DOT-approved packaging for consumer fireworks typically consists of sealed fiberboard cartons that have been tested and certified to meet the performance requirements specified in Part 178 of 49 CFR. Cartons are required to be marked and labeled in compliance with DOT regulations to indicate that fireworks are contained in the packaging.

3.20. “Explosive composition” means a chemical or mixture of chemicals that produces an audible effect by deflagration or detonation when ignited.

3.21. “Explosive material” means explosives, blasting agents and detonators.

3.22. “Fire Marshal” means the State Fire Marshal or his/her designee.

3.23. “Firecracker” or “salute” is a device that consists of a small paper wrapped or cardboard tube containing not more than fifty (50) milligrams of pyrotechnic composition and that produces, upon ignition, noise, accompanied by a flash of light.

3.24. “Firework” or “Fireworks” means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, display fireworks and special fireworks. The following items are excluded from the definition of fireworks: Model rockets; Sparkling devices; Novelties; Toy pistol caps; Emergency signal flares; Matches; Fixed ammunition for firearms; Ammunition components intended for use in firearms, muzzle loading cannons, or small arms; Shells, cartridges, and primers for use in firearms, muzzle loading cannons, or small arms; Indoor pyrotechnics special effects material; or M-80s, cherry bombs, silver salutes, and any device banned by the federal government.

3.25. “Indoor pyrotechnics special effects material” means a chemical material that is clearly labeled by the manufacturer as suitable for indoor use (as provided in NFPA 1126).

3.26. “Inhabited Building” or “Inhabited Structure” means any building or structure regularly used in whole or part as a place of human habitation.

3.27. “License” means an authority granted to a person by the State Fire Marshal to perform certain tasks or work in an area regulated by the State Fire Marshal.

3.28. “Manager” means an individual accountable for supervising operations, tasks, staff and areas of a Consumer Fireworks Retail Sales location.

3.29. “Manufacturer” means a person engaged in the manufacture of fireworks. A person may produce or transport a firework that is a new explosive and that is either a division 1.3 explosive or division 1.4 explosive if the person first meets the requirements of 49 C.F.R. §173.56(2)(j) (2014).

3.30. “Model rocket” means that term as defined in National Fire Protection Association Standard 1122, “Code for Model Rocketry”.

3.31. “New explosive” means that term as defined in 49 C.F.R. §173.56 (2014).

3.32. “NFPA 495” means National Fire Protection Association Standard 495, “Explosive Materials Code (2018 Edition).

3.33. “NFPA 1123” means National Fire Protection Association Standard 1123, “Code for Fireworks Display” (2018 Edition).

3.34. “NFPA 1124” means National Fire Protection Association Standard 1124, “Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles” (2006 Edition).

3.35. “NFPA 1126” means National Fire Protection Association Standard 1126, “Standard for the Use of Pyrotechnics Before a Proximate Audience” (2021 Edition).

3.36. “Novelties” means that term as defined under APA standard 87-1, section 3.2; but shall not include toy pistols, toy caps, toy canes, toy guns or other similar devices.

3.37. “Organization” means an association, a partnership, a limited partnership, a limited liability company, a corporation or any other group or combination acting as a unit.

3.38. “Packaged Fireworks Merchandise” means a consumer fireworks device or group of consumer fireworks devices that has been packaged within an unperforated container or packaging material by the manufacturer, distributor, or seller for retail display and sale as a unit. Packaged fireworks merchandise is generally fireworks items or groups of fireworks items that have been packaged by the manufacturer or distributor before they are offered for sale to the consumer. The packaging arrangement completely encapsulates the fireworks item or items within paperboard, cardboard, plastic wrap, or similar materials or combinations of materials. Such encapsulation ensures that a person must puncture, tear, unseal, or break open the package or otherwise damage or destroy the packaging materials in order to gain access to, and directly handle, each individual fireworks item to expose its fuse.

3.39. “Party popper” means a small plastic or paper item containing not more than sixteen (16) milligrams of explosive composition that is friction sensitive. A string protruding from the device is pulled to ignite it, expelling paper streamers and producing a small report.

3.40. “Permanent” as applied to buildings or structures: a building or structure affixed to a foundation on a site and having fixed utility connections, that is intended to remain on the site for more than 180 consecutive calendar days.

3.41. “Permit” means a document issued by the State Fire Marshal giving temporary approval to conduct an activity regulated by the State Fire Marshal.

3.42. “Person” means an individual or the responsible person for an association, an organization, a partnership, a limited partnership, a limited liability company, a corporation or any other group or combination acting as a unit.

3.43. “Public display of fireworks” means a public entertainment feature that is advertised to the general public or is on public property that includes the display or discharge of fireworks.

3.44. “Pyrotechnic composition” means a mixture of chemicals that produces a visible or audible effect by combustion rather than deflagration or detonation. Pyrotechnic compositions will not explode upon ignition unless severely confined.

3.45. “Registration” means a lawfully issued certificate of registration by the State Fire Marshal.

3.46. “Responding fire department” means the paid fire department or volunteer fire department that renders fire protection services to a political subdivision.

3.47. “Retail Sales” means the retail display and sale of merchandise to the public within a mercantile occupancy.

3.48. “Retailer” means a person who purchases fireworks for resale to consumers.

3.49. “Sparkling devices” means “ground or handheld sparkling devices” as that phrase is defined under APA 87-1, sections 3.1.1 and 3.5.

3.50. “Special effects” means a combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production or live entertainment.

3.51. “Special fireworks” means fireworks designed primarily to produce visible or audible effects by combustion, deflagration, or detonation, including firecrackers containing more than one hundred thirty (130) milligrams of explosive composition, aerial shells containing more than forty (40) grams of pyrotechnic composition, and other exhibition display items that exceed the limits for classification as consumer fireworks.

3.52. “Store” means a building classified as a mercantile occupancy that contains a variety of merchandise and that is not used primarily for the retail sales of consumer fireworks.

3.53. “Storage Facility” means any building, structure, magazine, igloo, barn, trailer, semitrailer or other mobile property in which consumer fireworks, display fireworks, special fireworks, or other pyrotechnics are stored, but in which no processing or manufacturing is performed.

3.54. “Temporary” as applied to buildings or structures: a building or structure not meeting the definition for permanent structure. As applied to electrical power and wiring: electrical service in use or in place for a period of 90 consecutive calendar days or less. Examples of temporary structures without limitation include tents, shanties, or other forms of temporary shelter, housing or storage.

3.55. “Toy caps” means that term as defined under APA 87-1, section 3.3.

3.56. “Wholesaler” means any person, including any dealer, distributor, or jobber, who sells consumer fireworks to a retailer or any other person solely for resale in this state. It shall also include any person who sells articles of pyrotechnics, display fireworks, and special effects to a person licensed by the State Fire Marshal to possess and use those devices.

W. Va. Code R. § 103-4-4 Adoption of Standards

4.1. National standards. For the enforcement of this rule the NFPA codes and standards as cited in this rule are hereby incorporated by reference and shall have the same force and effect as if set out in verbatim in this rule. Those are including, but not limited to, the following:

4.1.a. NFPA 495 Explosive Materials Code (2018 Ed.).

4.1.b. NFPA 1123 Code for Fireworks Display (2018 Ed.).

4.1.c. NFPA 1124 Code for the Manufacture, Transportation, Storage, and Retail Sales of Fireworks and Pyrotechnic Articles (2006 Ed.).

4.1.d. NFPA 1126 Standard for the Use of Pyrotechnics Before a Proximate Audience (2021 Ed.).

4.1.e. APA Standard 87-1.

4.2. State standards. W. Va. Legislative Rule 87 C.S.R. 1 et seq. “Fire Code”

W. Va. Code R. § 103-4-5 Consumer Fireworks Certification; Exemptions

5.1. Consumer fireworks certificate required.

5.1.a. A retailer may not sell consumer fireworks unless the retailer is certified under this Rule.

5.1.b. To be certified to sell consumer fireworks a retailer shall:

5.1.b.1. Submit an application to the State Fire Marshal; 5.1.b.2 Submit with the application a copy of his or her current business registration certificate; 5.1.b.3 Pay a fee of $500.00 for each temporary retail sales location and $1000.00 for each permanent retail sales location to the State Fire Marshal; 5.1.b.4 Provide the State Fire Marshal proof that the retailer maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million dollars to cover losses, damages or injuries that might result from selling consumer fireworks;

5.1.b.5. Provide other incidental information as the State Fire Marshal may require in the application process;

5.1.b.6. Submit at least one (1) certificate with the CFRS application to the State Fire Marshal and all other certificates shall be maintained on site and produced upon request;

5.1.b.7. The sales site must comply with all applicable local zoning and land use rules.

5.1.c. A consumer fireworks certificate is valid from no earlier than April 1st and expires no later than March 31st of the next calendar year.

5.1.d. A consumer fireworks certificate is not transferable.

5.1.e. A retailer shall post the certificate in a conspicuous place at the location of the business.

5.1.f. A separate certificate is required for each location of the business.

5.1.g. A certificate holder may also sell sparkling devices and novelties at the same location without additionally obtaining a sparkling devices and novelties registration.

5.1.h. A retailer who sells consumer fireworks shall comply with the regulations provided in NFPA 1124.

5.1.i. A retailer who sells consumer fireworks shall comply with applicable regulations provided in NFPA 1124 and NFPA 495 as applicable.

5.1.i.1. All consumer fireworks and pyrotechnic products not on display for retail sale shall be stored in accordance with NFPA 1124.

5.1.i.2. Any outdoor storage used to store consumer fireworks or pyrotechnic products shall obtain a valid permit from the State Fire Marshal.

5.1.j. A retailer shall sell the consumer fireworks only from a permanent building or structure that meets the specifications in NFPA 1124 or a temporary facility or structure that meets the specifications of NFPA 1124.7.3.5.

5.1.k. Smoking shall not be permitted at any CFRS Building, Facility, Store, Stand, Area or within 50 feet thereof.

5.1.k.1. Conspicuous signs indicating “FIREWORKS-NO SMOKING” shall be posted at frequent intervals inside the location, outside the location and within the vicinity to provide adequate notice of the prohibition to the public.

5.1.l. A retailer shall not be authorized within any concourse of any mall.

5.1.m. Retail displays of items which are exclusively novelties must be segregated from displays of items which are exclusively consumer fireworks. Items which are a combination of novelties and consumer fireworks shall be classified and regulated as consumer fireworks and treated as such for all purposes.

5.1.n. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code.

5.1.o. Notwithstanding any provision of the law or this rule to the contrary, no retailer may offer consumer fireworks for sale before June 1, 2016.

5.2. Requirements for Temporary Retail Sales Location.

5.2.a. A retailer may sell consumer fireworks from a temporary structure under the following conditions:

5.2.a.1. A temporary structure may not be larger than 2,500 ft² (232 m²) square feet.

5.2.a.2. CFRS stands greater than 800 ft² (74 m²) in total area must meet the requirements for a permanent structure.

5.2.a.3. CFRS stands shall not be authorized within any structure, whether new or existing, whether occupied or unoccupied.

5.2.a.4. CFRS stands shall not include vehicles, such as vans, buses, recreational vehicles, motor homes, travel trailers, trucks, and automobiles.

5.2.a.5. All tent fabric shall meet the flame propagation performance criteria of Test Method 2, as required in NFPA 701, Standard Methods of Fire Tests for Flame Propagation of Textiles and Films.

5.2.a.6. All temporary retail sales locations must meet the following safety distances:

5.2.a.7. Fireworks tents/stands shall be located at least fifteen feet (15’) away from any federal/state/county/city highway or street.

5.2.b. Consumer Fireworks Certificates issued to a temporary retail sales location shall be valid for a period of no more than ninety (90) consecutive days.

5.2.b.1. A temporary retail sales location may not obtain more than two (2) consumer fireworks certificates in a year as defined by this rule.

5.2.b.2. There may be only one (1) temporary structure for each consumer fireworks certificate granted under this rule.

5.3. Requirements for Permanent Retail Sales Location.

5.3.a. A retailer may sell consumer fireworks from a permanent structure if the structure meets the requirements of any of the following subdivisions:

5.3.a.1. For the purpose of applying the requirements of this rule, permanent CFRS facilities and stores constructed prior to the effective date of this rule and in which the retail sales of consumer fireworks have not been conducted either seasonally or year-round within one year prior to the effective date of this code shall be considered to be new.

5.3.a.2. An automatic sprinkler system designed for an Ordinary Hazard, Group 2 occupancy and installed in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, shall be provided throughout permanent CFRS facilities and stores in which CFRS are conducted in the following buildings:

5.3.a.2.i. New buildings greater than 6000 ft² (557.2 m²) in area;

5.3.a.2.ii. Existing buildings greater than 7500 ft² (694 m²) in area.

5.3.a.3. Portable generators shall be prohibited from use inside all CFRS facilities and stores.

5.3.a.4. Unless exempt from the requirements of NFPA 1124, all Consumer Fireworks Retail Sales (CFRS) Facilities and Stores shall have a complete electrical inspection of all electrical service, wiring, supply/loads and all other electrical devices and appliances. The inspection shall be performed by a West Virginia licensed and West Virginia certified commercial electrical inspector. A copy of the electrical inspection report shall be submitted to the State Fire Marshal with the certificate application.

5.3.a.5. An approved electrically supervised fire alarm system is required in all Permanent Consumer Fireworks Retail Facilities with a sales area, including storage area(s) within the same building, totaling 3000 ft² or greater.

5.3.a.6. The sales site must comply with all applicable local zoning and land use rules.

5.3.a.7. The retailer holds a valid business registration certificate and all other legal requirements of a doing business in this State. 5.3.a.8 For purposes of this subdivision, a retailer includes a resident wholesaler who supplied consumer fireworks prior to the effective date of this rule.

5.4. Delegation of Authority.

5.4.a. The State Fire Marshal shall inspect all temporary and permanent structures in which fireworks are sold. The State Fire Marshal may delegate this responsibility to a local fire department with jurisdiction over the structure, subject to the policies and procedures of the State Fire Marshal.

5.4.b. This rule does not affect the authority of the governing body of a municipality to prohibit or regulate the use of consumer fireworks within its boundaries.

W. Va. Code R. § 103-4-6 Storage of Fireworks and Related Explosive Materials

6.1. All new and existing storage facilities for consumer fireworks, display fireworks, special fireworks, or other pyrotechnic material shall meet the following requirements:

6.1.a. Each storage facility shall obtain a permit from the State Fire Marshal prior to any use or storage takes place. To receive a permit the applicant shall:

6.1.a.1. Submit an application providing all forms and documentation to the satisfaction of the State Fire Marshal;

6.1.a.2. Pay the required fee of $100.00 per storage facility;

6.1.a.3. Provide copies of all applicable and required licenses and permits.

6.1.b. A permit issued under this Section is not transferrable.

6.1.c. permit issued under this Section shall be valid for a period of no more than one (1) year.

6.1.d. A storage facility shall meet all requirements set forth in NFPA 1124.

6.1.e. Smoking shall not be permitted in the storage facility or within 50 feet of the storage facility. Conspicuous signs indicating "FIREWORKS – NO SMOKING" shall be posted at frequent intervals throughout the storage facility.

6.1.f. Each fire department providing emergency services to any storage facility shall be notified by the permit holder in writing of the existence of the storage facility. The notice shall include information as to the type of explosives and explosive hazards that are stored at the storage facility.

6.1.g. The land surrounding each storage facility shall be kept clear of combustibles for a distance of at least 25 feet on all sides.

6.1.h. Each storage facility shall be securely locked in accordance with NFPA 1124.

6.1.i. All electrical wiring and fixtures shall meet the requirements of the National Electrical Code, Class II, Group E, Division I locations;

6.1.j. All Heating, Ventilation and Air Conditioning shall meet the requirements of the State Fire Code. No open flame heating units are permitted.

6.2. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code and §103C.S.R.2-3 et seq.

W. Va. Code R. § 103-4-7 Public Fireworks Display Permit

7.1. Any municipality, county, fair association, amusement park or other organization shall have a permit to present a public display of fireworks from the State Fire Marshal.

7.2. To receive a permit, a municipality, county, fair association, amusement park, or other organization shall:

7.2.a. Submit an application providing all required forms and documentation to the satisfaction of the State Fire Marshal;

7.2.b. Pay the required fee not to exceed $50.00;

7.2.c. Provide the State Fire Marshal proof that the applicant maintains at all times public liability and product liability insurance with minimum coverage limits of $1 million dollars to cover losses, damages or injuries that might result from the public display of fireworks;

7.2.d. Provide proof that the event will be conducted by a competent pyrotechnician(s) licensed pursuant to Section 8 of this Rule by the State Fire Marshal;

7.2.e. Provide verification of the source and/or manufacturer of the fireworks or pyrotechnics to be used during the event to ensure the supplier is properly credentialed in the State of West Virginia;

7.2.f. Provide verification that the municipality, county, fair association, amusement park and other organizations have given written notice to the local police and fire authorities at least five days prior to the display for which the permit is sought.

7.2.g. Provide verification that display shall be operated by a competent operator licensed or certified as to competency by the State Fire Marshal and shall be of such composition, character, and so located, discharged or fired so as to be safe in the opinion of the chief of the fire department serving the community or area where such display is being held.

7.3. A permit issued under this section is not transferable.

7.4. The permittee shall require a bond from the licensee in a sum not less than $1,000 conditioned on compliance with the provisions of this Rule and the rules of the State Fire Marshal except where the licensee is an insured government entity.

7.5. All fireworks or pyrotechnic devices delivered or stored prior to the day of the display shall be stored in an Outdoor Magazine: Type 1, 2, 4 or 5, only as defined by NFPA 1124.

7.5.a. Any such magazine shall have a valid permit from the State Fire Marshal pursuant to Section 6 of this Rule.

7.6. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code and §103C.S.R.2 – 3 et seq.

W. Va. Code R. § 103-4-8 Pyrotechnic Licensing, Examinations Required

8.1. Any person engaged in the business of conducting a public display of fireworks or pyrotechnics shall have a license issued from the State Fire Marshal.

8.2. To receive a pyrotechnic license, a person shall:

8.2.a. Submit an application providing all required forms and documentation to the satisfaction of the State Fire Marshal;

8.2.b. Pay the required fee of $20.00;

8.2.c. Demonstrate through training, skill and experience a minimum proficiency in the field to the satisfaction of the State Fire Marshal;

8.2.d. For new licensure, the applicant must successfully complete and pass an examination administered by the State Fire Marshal;

8.2.e. Provide copies of all required licenses and permits; and

8.2.f. Provide the results of a criminal background examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation. If the applicant has been fingerprinted within the previous thirty-six (36) months, then the State Fire Marshal may accept the previous fingerprints or require new fingerprints. The cost of fingerprinting and fingerprint analysis shall be paid by the applicant.

8.2.f.1. Provided, in lieu of the requirements of a criminal background check as provided herein, the State Fire Marshal may accept a valid “Employee Possessor/Responsible Person” clearance as issued by the Bureau of Alcohol, Tobacco, Firearms and Explosives where applicable.

8.3. Applicants who do not meet the minimum requirements based on knowledge, training, skill, experience, or examination, but who are desirous of assisting a licensed Pyrotechnician, may request a Pyrotechnician In-Training License.

8.3.a. The State Fire Marshal shall not require a Pyrotechnician In-Training to produce documentation of training, skill or experience, but shall require:

8.3.a.1. An application providing all required information to the satisfaction of the State Fire Marshal;

8.3.a.2. A fee of $20.00;

8.3.a.3. Provide an affidavit to the State Fire Marshal which verifies that they have not been convicted of any criminal act, or are the subject of any legal proceeding, which would bar or prohibit the applicant from possessing explosive or pyrotechnic material.

8.3.b. All persons employing or utilizing a Pyrotechnician In-Training shall produce, upon request of the State Fire Marshal, an official listing of all Pyrotechnicians In-Training employed or utilized.

8.3.c. A Licensed Pyrotechnician shall not supervise more than five (5) Pyrotechnicians In-Training at any one time.

8.4. A license issued under this Section is not transferrable.

8.5. A pyrotechnic license shall be valid for a period of no more than one (1) year.

8.6. Any person licensed under this Section shall adhere to the provisions of NFPA 495, 1123, 1124 and 1126 where applicable.

8.7. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code and §103C.S.R.2 – 3 et seq.

W. Va. Code R. § 103-4-9 Registration of Manufacturers, Wholesalers and Distributors

9.1. Any person engaged in the manufacturing of fireworks and/or explosive materials in this state must be properly registered with the State Fire Marshal.

9.1.a. To be registered as a manufacturer, a person shall:

9.1.a.1. Submit an application providing all required forms and documentation to the satisfaction of the State Fire Marshal;

9.1.a.2. Pay the required fee as set forth in §103 C.S.R. 2 et seq.;

9.1.a.3. Provide copies of all required licenses and permits;

9.1.a.4. Provide the State Fire Marshal proof that the applicant maintains at all times public liability and product liability insurance with minimum coverage limits to cover losses, damages or injuries that might result from the manufacturing of explosive materials; and

9.1.a.5. Provide a site plan, a description of the manufacturing process, and any other documentation or information as requested, to provide the State Fire Marshal with sufficient details to allow a meaningful review process.

9.1.b. A manufacturer’s registration issued under this Section is not transferrable.

9.1.c. A manufacturer’s registration shall be valid for a period of no more than one (1) year.

9.1.d. Manufacturers shall adhere to the provisions of NFPA 495, 1123, 1124 and 1126 where applicable.

9.1.e. Manufacturers solely engaged in the manufacture of explosive and/or pyrotechnic materials as contemplated by NFPA 1123, 1124, or 1126, are designated as “limited, site specific” for the purpose of enforcement.

9.1.f. Smoking shall not be permitted in the facility or within 50 feet of the storage facility. Conspicuous signs indicating “FIREWORKS – NO SMOKING” shall be posted at frequent intervals throughout the facility.

9.1.g. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code.

9.2. Any person engaged in the wholesaling or distribution of fireworks and/or explosive materials in this state must be properly registered with the State Fire Marshal.

9.2.a. To be registered as a wholesaler or distributor, a person shall:

9.2.a.1. Submit an application providing all required forms and documentation to the satisfaction of the State Fire Marshal;

9.2.a.2. Pay the required fee of $500.00;

9.2.a.3. Provide copies of all required licenses and permits; and

9.2.a.4. Provide the State Fire Marshal proof that the applicant maintains at all times public liability and product liability insurance with minimum coverage limits to cover losses, damages or injuries that might result from the wholesale distribution of explosive materials; and

9.2.b. Any wholesaler or distributor may sell at wholesale in this state such fireworks as are not herein prohibited to a resident certified retailer or an out-of-state retailer in accordance with regulation of the United States DOT covering the transportation of explosives and other dangerous articles.

9.2.c. A wholesaler or distributor registration issued under this Section is not transferrable.

9.2.d. A wholesaler or distributor registration shall be valid for a period of no more than one (1) year.

9.2.e. A wholesaler or distributor shall adhere to the provisions of NFPA 495, 1123, 1124 and 1126 where applicable.

9.2.f. All sales shall be recorded and shall include the name, address, city, state and zip code, business license number and tax department number of each purchase.

9.2.g. A daily inventory of fireworks shall be maintained for each location in this state.

9.2.h. All vehicles transporting fireworks from a distribution facility in this state shall be placarded in accordance with U.S. DOT requirements. Each vehicle used to transport fireworks shall meet the requirements of NFPA 1124.

9.2.i. Smoking shall not be permitted in the facility or within 50 feet of the storage facility. Conspicuous signs indicating “FIREWORKS – NO SMOKING” shall be posted at frequent intervals throughout the facility.

9.2.j. A fire alarm system with complete smoke detection shall be installed throughout the storage facility in accordance with the State Fire Code (87 C.S.R. 1);

9.2.k. Each fire department providing emergency services to any storage facility shall be notified in writing of the existence of the storage facility. The notice shall include information as to the type of explosives and explosive hazards that are stored at the storage facility. Pre-fire planning shall be completed by the fire department prior to operating the facility;

9.2.l. All electrical wiring and fixtures shall meet the requirements of the National Electrical Code, Class II, Group E, Division I locations;

9.2.m. All Heating, Ventilation and Air Conditioning shall meet the requirements of this rule. No open flame heating units are permitted.

9.2.n. Any fees collected pursuant to this section shall be deposited in the State Fire Marshal Fees Fund established by the provisions of section twelve-b, article three, chapter twenty-nine of this code and §103C.S.R.2-3 et seq.

W. Va. Code R. § 103-4-10 Sparkling devices and novelties registration

10.1. A person may not sell sparkling devices or novelties without being registered with the State Fire Marshal.

10.1.a. To be registered with the State Fire Marshal, the person shall:

10.1.a.1. Submit an application to the State Fire Marshal;

10.1.a.2. Pay the required fee of $15.00 per retail location; and

10.1.a.3. Provide verification that the retailer holds a valid business registration certificate and meets all other legal requirements of doing business in this State.

10.1.b. A registration is valid for the calendar year or any fraction thereof and expires on December 31 of each year.

10.1.c. A registration is not transferable.

10.1.d. A person shall post the registration in a conspicuous place at the location of the business.

10.1.e. A separate registration is required for each location.

10.1.f. The fee assessed by this section shall be retained by the State Fire Marshal and expended to offset costs incurred in performing the duties imposed by the provisions of this Rule.

W. Va. Code R. § 103-4-11 Prohibited Conduct

11.1. A person may not intentionally ignite, discharge or use consumer fireworks on public or private property without the express permission of the owner to do so.

11.2. A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices within or throw the same from a motor vehicle or building.

11.3. A person may not intentionally ignite or discharge any consumer fireworks or sparkling devices into or at a motor vehicle or building, or at any person or group of people.

11.4. A person may not intentionally ignite or discharge any consumer fireworks or sparkling device while the person:

11.4.a. Is under the influence of alcohol;

11.4.b. Is under the influence of any controlled substance;

11.4.c. Is under the influence of any other drug; or

11.4.d. Is under the combined influence of alcohol and any controlled substance or any other drug.

11.5. A person who is less than eighteen years of age may not purchase, nor offer for sale, consumer fireworks.

11.6. The provisions of this section shall be effective June 1, 2016.

11.7. No retailer may knowingly sell or offer for sale fireworks to any person who:

11.7.a. Is under the influence of alcohol;

11.7.b. Is under the influence of any controlled substance;

11.7.c. Is under the influence of any other drug;

11.7.d. Is under the combined influence of alcohol and any controlled substance or any other drug; or

11.7.e. Is less than eighteen (18) years of age.

11.8. No fireworks retailer/operator/employee shall be under the influence of alcohol or any other drug or combined influence of alcohol and controlled substance or any other drug while engaged in the selling of fireworks.

W. Va. Code R. § 103-4-12 Exemptions

12.1. This Rule does not prohibit any of the following:

12.1.a. The use of fireworks by railroads or other transportation agencies for signaling purposes or illumination;

12.1.b. The use of agricultural and wildlife fireworks;

12.1.c. The sale or use of blank cartridges for a theatrical performance, use by military organizations or signal or ceremonial purposes in athletics or sports; or

12.1.d. The possession, sale or disposal of fireworks incidental to the public display of fireworks by wholesalers or other persons who have a permit to possess, store and sell explosives from the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the United States Department of Justice and the State Fire Marshal.

W. Va. Code R. § 103-4-13 Penalties

13.1. Any person who violates any provision of this Rule shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than $100.00 nor more than $500.00 pursuant to the provisions of W. Va. Code § 29-3E-12.

13.2. The State Fire Marshal shall seize, take, remove and dispose of at public auction or destroy, or cause to be seized, taken or removed and disposed of at public auction, or destroyed at the expense of the owner, all stocks of fireworks or combustibles offered for sale, stored or held in violation of this article or an emergency or legislative rule promulgated hereunder.

13.3. In addition to any criminal penalties and/or seizures provided herein, any person who violates a provision of this Rule may be precluded from being granted any permit, registration, certification or licensure as issued by the State Fire Marshal or State Fire Commission for a period of up to five (5) years as determined by the State Fire Marshal pursuant to W.Va. Code § 29-3E-8(a)(5) and (8).

W. Va. Code R. § 103-4-14 Severability

14.1. The sections of this rule are severable. Should any section be declared by judicial opinion unconstitutional or in any manner contrary to the laws of the State of West Virginia, that particular section shall be invalid and all other sections shall remain in full force and effect.

Series 05 Electrician Licensing Rules

W. Va. Code R. § 103-5-1 General

1.1. Scope. -- These rules establish the procedures to be followed to protect the health, safety, and welfare of the public as well as public and private property by assuring the competence of those who perform electrical work through licensure by the State Fire Marshal of the State Fire Commission.

1.2. Authority. -- W. Va. Code §29-3B-5.

1.3. Filing Date. -- April 15, 2024.

1.4. Effective Date. -- May 1, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

1.6. Subject. -- Standards and Procedures relating to the Issuance of Certificates of Competency to Master, Journeyman, or and Specialty Electricians.

W. Va. Code R. § 103-5-2 Definitions

2.1. "Master Electrician" - means a person with at least 2 years of electrical work experience, including experience in all phases of electrical wiring and installation, who holds a master electrician’s license issued by the West Virginia State Fire Marshal who is competent to instruct and supervise the electrical work of Journeyman and Assistant/Helper Electricians. A master electrician shall have a comprehensive knowledge and understanding of the National Electrical Code, and the ability to read electrical plans, drawings, and designs to calculate demand loads in compliance with the National Electrical Code.

2.2. "Journeyman Electrician" - means a person qualified by at least 1 year of electrical work experience to do any work installing wires, conduits, apparatus, equipment, fixtures, and other appliances subject to supervision by a master electrician, and who holds a journeyman electrician’s license issued by the West Virginia State Fire Marshal. A journeyman electrician shall have a knowledge and understanding of the National Electric Code as it pertains to the installation of wires, conduits, apparatus, equipment, fixtures, and other appliances. A journeyman electrician shall not design any part of an electrical system.

2.3. “Electrician’s Assistant/Helper” - means a person who is directly assisting a Journeyman or Master Electrician in performing supervised electrical work. Electrician Assistants/Helpers are not permitted to perform any electrical work unsupervised or in hazardous areas as defined in the National Electric Code (NFPA 70).

2.3.1. “Assisting or Helping” - is defined as a person who is working with, is in direct contact with, and is under the direct supervision of a Licensed Electrician.

2.4. "Specialty Electrician License" - means a person qualified to perform electrical work in a limited or specialized area. The following specialty electrician licenses may be issued by the State Fire Marshal.

2.4.1. A specialty plumbing, heating, and air conditioning electrician license (SP-PH) authorizes the licensee to install, maintain, or repair electric wiring or devices only as an incident to the licensee's plumbing, heating, and air conditioning business. Furthermore, the license authorizes the licensee to install, maintain, or repair only wiring that is directly related to plumbing, heating, and air conditioning equipment and that:

2.4.1.a. is restricted to circuits or parts of circuits that operate at voltages not exceeding 600 volts, phase-to-phase;

2.4.1.b. is electrically isolated from the building wiring system by an overcurrent protective isolating device, such as a fused switch or circuit breaker, that:

2.4.1.b.1. has been installed, complete with line-side connections, by a master or journeyman electrician;

2.4.1.b.2. is permanently and legibly marked to identify the equipment served by the device; and

2.4.1.b.3. is located within an enclosure intended solely for, and limited to, serving the specific plumbing, heating, and air conditioning equipment involved, or is located within a panel-board that serves the building wiring system and is likewise permanently and legibly marked to identify the equipment served by the device, provided the wiring is installed by a master or journeyman electrician from the load-side terminals of the device to a junction box, auxiliary gutter, or similar disconnecting means located outside the panelboard, but in sight of and within 50 feet of, the plumbing, heating, or air conditioning equipment served;

2.4.1.c. originates at the load-side terminals of the protective isolating device;

2.4.1.d. except for control wiring, is physically adjacent to the plumbing, heating, and air conditioning equipment involved and is in sight of and not more than 50 feet from the equipment. Control wiring that receives its control power from the plumbing, heating, and air conditioning equipment involved may extend beyond these limits if the control voltage does not exceed 120 volts to ground and the wiring is protected from overcurrent; and

2.4.1.e. is not installed in a location considered as hazardous under the National Electrical Code.

2.4.2. A specialty electric sign electrician license (SP-ES) authorizes the licensee to install, maintain, or repair electric wiring or devices only as an incident to the licensee's electric sign business. Furthermore, the license authorizes the licensee to install, maintain, or repair only wiring that is directly related to electric signs and is electrically isolated from the building wiring system. Wiring that is directly related differs depending on the type of sign involved.

2.4.2.a. Except for electric signs described in subdivisions B, C, and D of this Section, related wiring is the portion of the electric sign wiring that originates at the load-side terminals of a disconnecting means located immediately adjacent to the electric sign involved, or originates within a junction box so located. Related wiring does not include the installation of the disconnecting means, complete with line-side connections, or the installation of the junction box, complete with free-length circuit conductors to accommodate the connection of the related wiring in the box.

2.4.2.b. For electric sign installations having sign transformers installed physically apart from the sign, related wiring is the portion of the electric sign wiring that originates at the load-side terminals of a disconnecting means located immediately adjacent to the sign transformer supplying the electric sign involved, or originates within a junction box located immediately adjacent to the electric sign involved. Related wiring does not include the installation of the disconnecting means, complete with line-side connections, or the installation of the junction box, complete with free-length circuit conductors to accommodate the connection of the related wiring in the box.

2.4.2.c. for permanent free-standing electric sign installations supplied through underground circuit conductors, related wiring is the portion of the electric sign wiring that originates at a wiring termination point located at, within, or immediately above the permanent base for the sign structure.

2.4.2.d. Related wiring does not include the installation of:

2.4.2.d.1. a junction box, located at, within, or immediately above the permanent base for the sign, complete with free-length circuit conductors to accommodate the connection of the related wiring; or

2.4.2.d.2. if the base of the sign structure is suitable for use as a raceway, the installation of bushing, complete with free-length circuit conductors extending through to accommodate the connection of the related wiring within the sign structure raceway.

2.4.2.e. For electric signs specifically designed to be connected directly to the building wiring raceway or cable supply, related wiring is the portion of the electric sign wiring that originates at the point where the free-length circuit conductors extend through the building wiring raceway or cable at the specifically designed supply location for the electric sign involved. Related wiring does not include the installation of the building wiring raceway or cable system to the specifically designated point of supply for the electric sign involved, complete with free-length circuit conductors extending through the building wiring raceway or cable to accommodate the connection of the related wiring.

2.4.3. A specialty single family residential dwelling electrician license (SP-SFD) which authorizes the licensee to install, maintain, or repair only electrical wiring and devices that are in or on a single family residential dwelling or an ancillary to a single family residential dwelling. Electrical work that is covered by another special restricted license can be performed by a SP-SFD licensee without obtaining the other special restricted license as long as it is in or on a single family residential dwelling or an ancillary to a single family residential dwelling.

2.4.3.a. A "single family residential dwelling" is a building or a manufactured home that is designed and used only for habitation by one family and is not physically attached to any other building or structure. Cabanas, porches, room additions, and similar structures are considered part of a single family dwelling if they are designed for and used only for residential purposes by the occupants of the dwelling.

2.4.3.b. An "ancillary" to a single family residential dwelling is an appurtenance or an outbuilding or similar structure associated with the single family dwelling such as a detached residential garage or carport, a farm or household equipment storage shed, a barn, a pump house, an electric fence, or yard lighting.

2.4.3.c. "Habitation" - means the occupancy of a dwelling primarily or exclusively for residential purposes.

2.4.4. A specialty low voltage electrician license (SP-LV) (Fire and Burglar Alarm Communication Systems) which authorizes the licensee to install, maintain, or repair only low voltage wiring, 80 volts or less, and directly related wiring. Wiring is directly related if it:

2.4.4.a. originates at the load-side terminals of a disconnecting means or junction box that:

2.4.4.a.1. has been installed, complete with line-side connections, by others for the specific purpose of supply the low voltage wiring system involved; and

2.4.4.a.2. is permanently and legibly marked to identify the low voltage wiring system supplied; and

2.4.4.b. is not installed in a location considered as hazardous under the National Electrical Code.

2.4.5. A specialty elevator electrician license (SP-EL) (Elevators, Dumbwaiter(s), Escalator(s), Moving Walk(s), and Personnel Hoist(s)) which authorizes the licensee to install, maintain, or repair electric wiring only as an incident to the licensee's elevator, dumbwaiter, escalator, moving walk, or personnel hoist business. Furthermore, the license authorizes the licensee to install, maintain, or repair only electrical wiring that:

2.4.5.a. is an integral part of an elevator, dumbwaiter escalator, moving walk, or personnel hoist;

2.4.5.b. is electrically isolated from the building wiring system by means of an overcurrent protective device, such as a safety switch or circuit breaker, that has been installed, complete with line-side connections, by others; and

2.4.5.c. originates at the load-side terminals of the protective isolating device, referred to as "beyond the disconnection means."

2.5. "Electrical Work" - means the installation of wires, conduits, apparatus, fixtures, other appliances, equipment, or systems for transmitting, carrying, controlling, or using electricity for light, heat, or power purposes. Controlling is not intended to mean low voltage thermostat temperature controls.

2.6. "License" - means a valid and current certificate of competency issued by the State Fire Marshal.

2.7. "Electrical Contractor" - means a person, firm or corporation who engages in the business of electrical work or employs master electricians, journeyman electricians, assistant/helper electricians for the construction, alteration or repair of any electrical wiring, equipment, or systems for the purpose of controlling or furnishing heat, light, or power.

2.8. "Supervise or Supervision" - means the drafting, coordinating, and directing of the design, layout, and load calculations of electrical systems. It is the intent of the word "supervise or supervision" that electrical design, layout, and calculations be done by a Master Electrician. Supervision does not require that a master electrician to be physically present with a journeyman electrician during the electrical work. Assistant/helper electricians shall be supervised by a Master or Journeyman electrician. A Master or Journeyman electrician may not supervise more than three assistant/helper electricians on the job site. Provided, That upon notice to the State Fire Marshal from an approved WV Department of Education electrical vocational program; an instructor who holds a master electrician’s license shall supervise his or her students performing work under the licensed instructor’s direct and constant supervision.

2.9. "Appliance" - means utilization equipment sold at retail, generally other than industrial, normally built in standardized sizes or types, which is installed or connected as a unit to perform one or more functions such as clothes washing, air conditioning, food mixing, deep frying, etc.

2.10. "Posting of the License" as required by W. Va. Code §29-3B-2 - means placing a copy of the electrician license issued by the State Fire Marshal on each job site where electrical work is being performed.

2.11. "Offer to do Electrical Work" - means to agree to perform electrical work for compensation or hire.

2.12. "Design" - means to plan or layout electrical systems in sketches or drawings for use by licensed electricians. It includes, but is not limited to, determining the service components of electrical systems, the type and sizes of conductors, circuit breakers and other components of electrical systems necessary to accommodate the demand load.

2.13. "National Electrical Code" - The National Electrical Code for licensing of electricians is that Code promulgated by the National Fire Protection Association. Copies of the National Electrical Code may be obtained at the expense of the party making the request by writing: The National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169.

2.14. "State Fire Commission" - means the members of the West Virginia State Fire Commission appointed in accordance with W. Va. Code §29-3-1 et seq.

2.15. "State Fire Marshal" - means the West Virginia State Fire Marshal and/or his designated representatives.

2.16. "Firm or Corporation" - means a lawful business entity which is qualified and authorized to do business in the State of West Virginia.

2.17. “Board” means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupational license or other authorization to practice to an individual.

W. Va. Code R. § 103-5-3 Necessity of License and Local Ordinances

3.1. Necessity of License - Under provisions of applicable law, no electrical work may be performed, offered, or engaged in for compensation or hire within the State of West Virginia by any person, firm, or corporation unless such person, firm, or corporation possesses a license issued by the State Fire Marshal in accordance with W. Va. Code §29-3B-1 et seq. and a copy of such license is posted on any job in which electrical work is being performed for hire. If any firm or corporation applies for, is granted and holds a valid electrician license, such license does not exempt electricians employed by, working directly or indirectly for, subcontracting for, or providing services to such firm or corporation from the requirement of also possessing journeyman or master electrician license.

3.1.1. Any non-compensation work not otherwise exempted from licensure under subsection 3.3. of this rule shall be conducted under the supervision of a West Virginia licensed master or journeyman electrician.

3.2. Nonapplicability of Local Ordinances, Exclusive License - No municipality, local government, or county may require any license or other evidence of competence as an electrician from any person, firm, or corporation who or which holds a valid and current license issued by the State Fire Marshal, as a condition for the performance of electrical work within the State of West Virginia.

3.3. Exemptions; Nonapplicability of License Requirements These rules do not apply to and no license is required for:

3.3.1. Any person who performs electrical work with respect to property owned or leased by such person or that person’s immediate family. For the purpose of this subparagraph: (1) "property owner" includes the property owner and lessee; and (2) "performs electrical work" includes routine maintenance, repairs, and improvements to;

3.3.2. Any person who performs electrical work at any manufacturing plant or other industrial establishment as an employee of the person, firm or corporation operating such plant or establishment, i.e. chemical industry, coal mining, manufacturing, and any other industries recognized in the Life Safety Code published by the National Fire Protection Association;

3.3.3. Any person who, while employed by an employer engaged in the business of selling appliances at retail, performs electrical work with respect to installation and repair of appliances as part of his regular duties provided the installation or repair of appliances does not require the entering of the electrical panel;

3.3.4. Any person who, while employed by a public utility or any of its affiliates, performs electrical work in connection with the furnishing of public utility service; or

3.3.5. Any person who performs electrical work as a government employee at property owned/leased by the government.

3.3.6. Any person who is assisting or helping a Licensed Electrician as defined in this rule.

W. Va. Code R. § 103-5-4 Qualifications for Examination

4.1. "Master License": To apply for a "master electrician license" a person must have 2 years of experience as a journeyman electrician in electrical work of such breadth, independence, and quality that such work indicates that the applicant is competent to perform all types of electrical work and can direct and instruct journeyman electricians and assistant/helper electricians in the performance of electrical work.

4.2. "Journeyman License": To apply for a "journeyman electrician's license", a person must: (1) have at least 1 year of experience as an assistant/helper electrician in performing electrical work under the direction or instruction of a master or journeyman electrician; (2) have completed a United States Department of Labor/Bureau of Apprenticeship and training registered electrical apprenticeship program; or (3) have completed an electrical vocational education program of at least one thousand eighty hours in length approved by the WV Board of Education which should include an on-the-job training/work hours module, successfully passed all final written and practical testing required by the WV Department of Education, and obtained an affidavit showing competency to sit for the journeyman electrician examination from the program instructor.

4.3. "Specialty License": To apply for a Specialty electrician license, a person must have at least 1 year experience in their area of specialty of which 1 year may be obtained through educational programs.

W. Va. Code R. § 103-5-5 Examinations

5.1. Examination Required - After the effective date of these rules the State Fire Marshal shall issue an electrician license only to that person who has satisfactorily passed an examination for the level of licensure applied for, and who has otherwise met and complied with the requirements of these rules.

5.2. Form of Request - An applicant requesting an examination under the provisions of these rules must, as a condition precedent to such examination, furnish the State Fire Marshal with:

5.2.1. The class of license for which he/she seeks licensure, i.e. Master, Journeyman, or Specialty; and

5.2.2. A $25.00 application review fee, for the Master, Journeyman or Specialty examination. The fee is not returnable.

5.2.3. A history of experience and qualifications which must equal the years of experience required for the level of licensure that the applicant is seeking.

5.3. Classification Levels - An applicant must meet the minimum experience requirement in order to determine the appropriate licensure level for which to seek examination:

Minimum Experience Required For Examination 1 year or more Journeyman Electrician 2 years or more Master Electrician 1 year or more Specialty Electrician

5.4. The examination fee for testing will be forfeited by any applicant who fails to appear for examination unless at least 24 hours notification is given to the State Fire Marshal's Office prior to examination date. An additional examination fee must be paid to the State Fire Marshal if the applicant reapplies for the examination after not appearing for the first examination.

5.5. Failure to Meet Experience and/or Qualifications - Any person who fails to meet the required experience or qualifications for a certain level of licensure, when applying for an examination may change their application and select a lower level of licensure for which they do qualify without having to pay an additional review fee.

5.6. Age Requirement - An applicant must be 18 years of age in order to take any examination or to be issued a license. Provided, that if such applicant is currently enrolled in an approved West Virginia Department of Education electrical vocational program, such applicant may take the examination and upon passing the examination shall not be issued a license until they are 18 years of age.

5.7. Time of Request - An applicant must comply with the requirements of subsection 5.2. of this rule no later than 10 working days in advance of the next scheduled examination in order to receive the authorization for testing.

5.8. Authorization Form Required - An applicant complying with subsections 5.2. and 5.7. of this rule will be issued a written authorization form acknowledging receipt of the application review fee and setting forth the level of competency for which testing is authorized. No person will be permitted to take the examination who is unable to present the authorization form at the place of examination.

5.9. License Fee - Upon passing the examination and receipt of the license fee, the applicant shall be issued the appropriate license.

5.10. Scheduling of Examinations - Under provisions of applicable law, the State Fire Marshal shall prepare and arrange for the giving of examinations at least 4 times each year. The State Fire Marshal may schedule examinations at such additional times at other locations as he deems necessary.

5.11. Location of Testing Centers - Tests will be administered in Charleston, WV at least 4 times a year. Tests at other locations may be scheduled provided a sufficient number of applications have pre-registered. Notification of test locations to each applicant will be provided as required in subsection 5.8. of this rule; or

5.11.1. The State Fire Marshal may:

5.11.1.a. Contract with a private testing agent to conduct examinations; in which case applicants shall pay the testing agent’s examination fee directly to the testing agent; or

5.11.1.b. Develop examinations and examination procedures and conduct examinations, in which case applicants shall pay the examination fee directly to the State Fire Marshal in advance of the examination.

5.12. Source of Questions - All examinations will be derived from the National Electrical Code published by the National Fire Protection Association. Each examination for each class of license will be appropriate in subject matter, difficulty, and depth of the required competency.

5.13. Passing Grade - a passing grade of at least 70% on any test is required to permit the State Fire Marshal to issue an electrician license to any applicant.

W. Va. Code R. § 103-5-6 License Without Examination

6.1. An applicant who has completed a United States department of labor/bureau of apprenticeship and training registered electrical apprenticeship program, or an electrical vocational education program of at least one thousand eighty hours in length and approved by the state board of education and has at least 2 and 1 year respectively years of experience in performing electrical work may be issued a one time nonrenewable temporary master or journeyman license for a period of 90 days.

6.2. An applicant for a one time temporary license under subsection 6.1. shall pay a fee of $50.00.

6.3. Occupational License or other authorization to practice - Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application, if all the following apply:

6.3.1. The person holds a valid occupational license or other authorization to practice in another state in a lawful occupation with a similar scope of practice and with education, experience, and examination requirements for licensure or authorization to practice similar to those of this state, as determined by the board in this state;

6.3.2. The person has held the occupational license or other authorization to practice in the state where he or she holds a valid license or other authorization to practice for at least one year;

6.3.3. The person has met all educational and examination requirements for occupational licensure or other authorization to practice in the state where he or she holds a valid license;

6.3.4. The person is in good standing with the board in every other state where he or she holds a valid license;

6.3.5. The person has established residency as a West Virginia resident as defined by §11-21-7(a) of this code;

6.3.6. The person does not have a disqualifying criminal record as determined by the board in this state;

6.3.7. The person has never had his or her license or other authorization to practice revoked by the board in another state because of negligence or intentional misconduct related to the person’s work in the occupation;

6.3.8. The person did not surrender an occupational license or other authorization to practice because of negligence or intentional misconduct related to the person’s work in the occupation in another state;

6.3.9. The person does not have a complaint, allegation, or investigation pending before a board in another state. If the person has a complaint, allegation, or investigation pending, the board in this state shall not issue or deny an occupational license or other authorization to practice to the person until the complaint, allegation, or investigation is resolved; and

6.3.10. The person pays all applicable fees and meets all applicable bonding requirements in this state.

6.3.11. If West Virginia requires an occupational license to lawfully work in a profession, and another state does not issue an occupational license for the same profession and instead issues another authorization to practice, West Virginia shall issue an occupational license to the person if the person otherwise satisfies section 6.3. of this rule.

6.3.12. Any person issued a license under this article must comply with all relevant continuing education requirements to renew a license established by the board and any other rule promulgated by the board as required in §29-33-8 of this code.

6.4. Notwithstanding any other law, the board shall issue an occupational license or other authorization to practice to a person upon application based on work experience in another state, if all the following apply:

6.4.1. The person worked in a state that does not use an occupational license or other authorization to practice that regulates a lawful occupation, but this state uses an occupational license or other authorization to practice that regulates a lawful occupation with a similar scope of practice, as determined by the board;

6.4.2. The person worked for at least two years in the lawful occupation and has acquired experience demonstrating knowledge and proficiency in the occupation similar to that which may be achieved through compliance with the education and examination requirements to practice of this state, as determined by the board;

6.4.3. The person has taken and passed any required national examinations to lawfully practice the occupation or use a title in connection with an occupation in another state; and

6.4.4. The person satisfies §29-33-3(a)(5), §29-33-3(a)(6), and §29-33-3(a)(10) of this code.

6.5. State law examination.

6.5.1. A board may require a person to pass a jurisprudential examination specific to relevant West Virginia laws that regulate the occupation if an occupational license or other authorization to practice in this state requires a person to pass such examination for original licensure.

W. Va. Code R. § 103-5-7 Expiration and Renewal

7.1. Expiration - All electrician licenses issued by the State Fire Marshal expire on the 30th day of June each year.

7.2. Renewal Fee Required - The State Fire Marshal shall renew annually, or for up to a three year time period, the electrician license of any licensee who makes application and upon payment of a renewal fee of $50.00 per year. It shall be the individual's responsibility to submit their license renewal request to the State Fire Marshal.

7.3. Renewal After Expiration - All electricians licenses not renewed in accordance with the provisions of subsection 7.2. of this rule may be renewed by paying the $50.00 license fee and a $50.00 penalty fee within the licensure year. No person, firm, or corporation may perform electrical work during the period of time their license is expired. An electrician previously licensed by the WV State Fire Marshal who did not renew his or her electrician license, may renew without retesting within 5 years of the date of the last renewal, provided that: the electrician’s license had not been revoked and that the applicant pays double the current fee.

W. Va. Code R. § 103-5-8 Denial, Revocation or Suspension of License

8.1. Denial of License - A license will be denied any applicant who:

8.1.1. fails to make a passing score of 70% on any examination; or

8.1.2. fails to provide evidence of the required experience and/or qualifications for the class of license.

8.2. Suspension or Revocation of License - The State Fire Marshal may upon written complaint or his own inquiry, after notice and hearing as provided by W. Va. Code § 15A-10-1 et seq. suspend or revoke the license of any person who holds a license if:

8.2.1. The license was granted upon an application or documents supporting such application which materially misstated the terms of the applicant's qualifications or experience; or

8.2.2. The licensee subscribed or vouched for such misstatement by an applicant; or

8.2.3. The licensee incompetently or unsafely performs electrical work; or

8.2.4. The licensee violated any statute of the state of West Virginia, any rule lawfully promulgated by an agency of the state of West Virginia or any ordinance of any municipality or county of the state of West Virginia which protects the consumer or public against unfair, unsafe, unlawful, or improper business practices; or

8.2.5. The licensee fails to comply with any rule of the State Fire Marshal promulgated to fulfill his responsibilities under W. Va. Code §29-3B-1 et. seq.

W. Va. Code R. § 103-5-9 Licensing Reciprocity

9.1. General Requirements.

9.1.1. The state fire marshal may enter into formal reciprocal agreements with other jurisdictions whereby nonresident electricians licensed by the other jurisdictions may obtain a West Virginia electrician license without written examination provided:

9.1.1.a. The applicant furnishes to the State Fire Marshal a written statement from his/her jurisdiction certifying that he or she holds a current electrician license issued by that jurisdiction;

9.1.1.b. The individual is duly qualified for the license currently issued to the applicant by his or her jurisdiction;

9.1.1.c. The applicant files an application on a form provided by the State Fire Marshal requesting a license under the formal licensing reciprocity agreement currently in effect between the State Fire Marshal and the applicant's jurisdiction;

9.1.1.d. Except for the written examination requirement, the applicant furnishes to the State Fire Marshal information satisfactorily verifying to the State Fire Marshal that he or she meets all the applicable sections of these rules; and

9.1.1.e. The applicant furnishes to the State Fire Marshal his or her check or money order for the annual license fee as required in Section 7 of these rules for the specific license classification requested.

9.2. All licenses issued under a formal reciprocal agreement expire on the 30th day of June each year.

9.3. The renewal due date and late filing penalty apply to licenses issued under a formal reciprocal agreement.

9.4. The State Fire Marshal shall not renew any license issued under a specific formal reciprocal agreement if the formal reciprocal agreement becomes invalid for any reason.

9.5. Exact copies of all formal reciprocal agreements entered into by the State Fire Marshal shall be maintained in the office of the State Fire Marshal.

9.6. A person is not eligible for a reciprocal electrician license who has taken an examination in the State of West Virginia and failed the examination or who has failed to renew an electrician license in accordance with Section 7 of this rule.

W. Va. Code R. § 103-5-10 Effect of Noncompliance

10.1. Any person, firm, corporation or employee thereof, or any representative, member or officer of such firm or corporation, individually, entering upon or engaging in the business of performing any electrical work as defined in W. Va. Code § 29-3B-1 et seq. and these rules, without possessing the required license or otherwise complying with W. Va. Code § 29-3B-1 et seq., is for the first offense guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $100, nor more than $500.00. For a second and each subsequent offense, the penalty and punishment is a fine of not less than $500.00 nor more than $1,000.00.

Each day during which such electrical work is performed without the required license or while in non-compliance with any of the provisions of W. Va. Code § 29-3B-1 et seq., after official notice that such work is unlawful, is a separate offense.

Any electrical work performed by a person, firm or corporation which is determined by the State Fire Marshal to constitute a safety or health hazard to members of the public or any electrical work of an extensive nature being performed by any person without the required license or otherwise in noncompliance with the requirements of this article or contrary to an order or rule promulgated lawfully by the State Fire Marshal, is subject to a civil action in the name of the state in the circuit court of the county, where such work is being performed for an injunction against such person, firm or corporation, enjoining such work or violation. A circuit court by mandatory or prohibitory injunction may compel compliance with the provisions of W. Va. Code § 29-3B-1 et seq., with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal or State Fire Commission. The State Fire Marshal shall be represented in all such proceedings by the attorney general or his assistants.

W. Va. Code R. § 103-5-11 Disposition of Fees, Fines and Other Receipts

11.1. All fees and other monies received as a result of actions under this article shall be paid to the State Fire Marshal and deposited by him in a special account with the State Treasurer.

11.2. The fees deposited in the special account shall be used as provided by W. Va. Code § 29-3-12(b).

W. Va. Code R. § 103-5-12 Enforcement

12.1. Enforcement of Licensure Requirements - In the course of investigating complaints as authorized under the West Virginia Code, the State Fire Marshal and/or his designated representative shall inquire respecting the licensure of person(s), firm(s), or corporation(s) in compliance with W. Va. Code § 15A-10-7(c), et seq. and these rules.

12.2. Enforcement by Others - Any citizen, law enforcement official or other official of any state, county, or municipal government agency, upon observing an infraction of the licensure requirements of W. Va. Code § 29-3B-1 et seq. may make a written complaint to the office of the State Fire Marshal or alternatively may initiate a complaint with any magistrate, court, or law enforcement agency. When a complaint is made to the Office of the State Fire Marshal, that Office shall investigate the complaint, make a written report respecting its findings and take any enforcement measures required by W. Va. Code § 29-3B-1 et seq.

W. Va. Code R. § 103-5-13 Causes for Denial, Limitation, Suspension or Revocation of Certifications of Electricians

13.1. The State Fire Marshal shall deny, limit, suspend, or revoke a license issued if the provisions of this article, or if the rules promulgated pursuant to this article or §15A-11-1 et seq. of this code are violated.

13.1.1. Before any such license is denied, limited, suspended, or revoked, however, written notice shall be given to the licensee stating the grounds for such denial, limitation, suspension, or revocation.

13.1.2. An applicant or licensee has 10 working days after receipt of the order denying, limiting, suspending, or revoking a license to request a formal hearing contesting the denial, limitation, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of §29A-5-1 et seq. of this code.

13.1.3. If the license is denied, limited, suspended, or revoked, the license or certification holder shall cease and desist practices of their profession as of the effective date of the denial, limitation, suspension, or revocation. Any administrative appeal of such denial, limitation, suspension, or revocation shall not stay the denial, limitation, suspension, or revocation.

13.2. A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to §15A-9-1 et seq. of this code, or may choose independent informal dispute resolution as set forth in this article.

13.2.1. Then a party may appeal the hearing examiner’s decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all “[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022” per West Virginia Code §51-11-4(b)(4).

13.3. Independent informal dispute resolution.

13.3.1. A license or certification holder adversely affected by an order or citation of a deficient practice issued pursuant to this article may request the independent informal dispute resolution process. A license or certificate holder may contest a cited deficiency as contrary to law or unwarranted by the facts or both.

13.3.2. The State Fire Marshal has the authority to establish conference panels composed of 3 persons of the licensed or certified skill to decide the outcome of the independent informal dispute resolution process. One member shall be selected by the State Fire Marshal, one member shall be selected by the licensee or certificate holder, and one member shall be selected by agreement of both. If a vacancy occurs on the panel, the replacement for that member shall be made by the original individual who had selected such member. The members of the panel shall serve without compensation. This panel shall hear the matter and render a decision. The licensee or certificate holder may not be accompanied by counsel during the independent informal dispute resolution conference.

13.3.3. Upon appeal of a decision rendered by the State Fire Marshal, the panel shall hold an informal conference affirming, modifying, or vacating an order of the State Fire Marshal, or issuing an order in the name of the State Fire Marshal. The panel shall forthwith notify the parties of its decision and as soon as practicable send written notices of its decision to the parties. The decision of the panel is final. The independent informal dispute resolution process is not a formal evidentiary proceeding.

13.3.4. A party aggrieved by a decision of a panel may appeal pursuant to §29A-5-4 of this code.

13.3.5. The State Fire Marshal shall promulgate a procedural rule to carry out the provisions of this section.

W. Va. Code R. § 103-5-14 Severability

14.1. The sections of this rule are severable. Should any section be declared by judicial opinion unconstitutional or in any manner contrary to the laws of the State of West Virginia, that particular section shall be invalid and all other sections shall remain in full force and effect.

103CSR5

Series 06 Standards for the Certification and Continuing Education of Municipal, County, and Other Public Sector Building Code Officials, Building Code Inspectors and Plans Examiners

W. Va. Code R. § 103-6-1 General

1.1. Scope. -- This rule establishes the requirements for the certification, continuing education and training of municipal, county, and other public sector Building Code Officials, Building Code Inspectors and Building Code Plans Examiners to ensure compliance with the State Building Code.

1.2. Authority. -- W. Va. Code § 15A-10-2 and 15A-10-5.

1.3. Filing Date. -- April 15, 2024.

1.4. Effective Date. -- May 1, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.

1.6. Repeal of former rule. -- This legislative rule repeals and replaces 87CSR7 “Standards for the Certification and Continuing Education of Municipal, County, and Other Public Sector Building Code Officials, Building Code Inspectors and Plans Examiners” filed May 3, 2016, and effective June 1, 2016, pursuant to Senate Bill 586, passed during the Regular Session of 2020.

W. Va. Code R. § 103-6-2 Definitions

2.1. “Code Enforcement Department” means a division of any municipality, county or other governmental entity which has adopted and enforces the State Building Code.

2.2. “Code Official” is a person who oversees and administers the Code Enforcement Department in a municipality, county or other local government entity that has lawfully adopted the State Building Code. In this role, the person may typically supervise one or more Deputy Code Officials, and other administrative and technical staff employed by the Code Enforcement Department. The Code Official: a) examines construction documents to ascertain compliance with provisions of the State Building Code, and/or b) performs field inspections to determine compliance with approved plans and code requirements, and/or c) enforces the relative administrative provisions of the State Building Code such as supervising building code inspectors or plans examiners, issues building permits, occupancy permits, notices of violations and orders, and initiates compulsory process.

2.3. “Continuing education” means additional training and education that is attained or pursued subsequent to initial certification by the State Fire Commission.

2.4. “Continued Education Unit” or CEU” means a unit of measurement for each instructional unit of approved continuing education. 50 minutes of instruction shall equate to 0.1 unit of CEU credit.

2.5. “Deputy Code Official” is a person who: a) examines construction documents to ascertain compliance with provisions of the State Building Code, and/or b) performs field inspections to determine compliance with approved plans and code requirements, and c) enforces the relative administrative provisions of the State Building Code under the authority of the Code Official. Though this person may possess the qualifications of a Code Official, they work under the supervision, authority, and control, of the Code Official as the chief executive officer of the Code Enforcement Department.

2.6. “Discipline” is a particular category of the ICC codes (i.e. building, plumbing, mechanical, electrical, property maintenance) in which the individual is certified under this rule.

2.7. “ICC” refers to the International Code Council.

2.8. “Inspector” refers to a class of certifications issued by the State Fire Commission in various disciplines. An Inspector’s duties include examining construction sites and building locations to ensure they are constructed or maintained in accordance with the State Building Code and the adopted applicable ICC codes relative to the situation. An Inspector may issue a report of the condition or circumstance to the Code Official for further action.

2.9. “Plans Examiner” refers to a class of certifications issued by the State Fire Commission in various disciplines. A Plans Examiner’s duties include reviewing construction documents submitted as part of a permitting or compliance review to determine their compliance with the State Building Code and the adopted applicable ICC codes relative to the situation. A Plans Examiner may issue a report of the findings and conclusions of the review to the Cod Official for further action.

2.10. “State Building Code” refers to the code authorized by W.Va. Code §29-3-5b and adopted by the West Virginia State Fire Commission in the Commission’s rule, State Building Code, W.Va. Code R. §87-4-1 et seq. (87CSR4), including all provisions and all codes and standards incorporated by reference in the rule.

2.11. “State Fire Commission” means the 13 appointed members of the West Virginia State Fire Commission.

2.12. “State Fire Marshal” refers to the West Virginia State Fire Marshal and his or her designated representatives.

W. Va. Code R. § 103-6-3 Certification of Code Officials, Inspectors and Plans Reviewers

3.1. Categories and Qualifications for Certification - The State Fire Commission may issue Certification to an individual within the following categories upon a sufficient showing that the person possesses these designated qualifications:

3.1.a. Code Official - the State Fire Commission may issue certification for a Code Official in a specific category to an applicant who receives a passing grade in all of the examinations required for that category, or in the alternative, one who is licensed to practice in this State as an Architect or Professional Engineer. The following category of examinations will be approved:

3.1.a.1. Building Code Official - successful completion of the training and examination necessary to be certified as a building code official, residential building code inspector, commercial building inspector, or building plans examiner by the International Code Council; or may complete an equivalent certification by an examination authority accepted by the State Fire Commission.

3.1.a.2. Plumbing Code Official - successful completion of the training and examination necessary to be certified as a residential plumbing inspector, or commercial plumbing inspector, or plumbing plans examiner by the International Code Council; or an equivalent certification by an examination authority accepted by the State Fire Commission.

3.1.a.3. Mechanical Code Official - successful completion of the training and examination necessary to be certified as a residential mechanical inspector, or commercial mechanical inspector, or mechanical plans examiner by the International Code Council; or an equivalent certification by an examination authority accepted by the State Fire Commission.

3.1.a.4. Electrical Code Official - successful completion of the training and examination necessary to be certified as a residential electrical inspector, or commercial electrical inspector, or electrical plans examiner by the International Code Council; or an equivalent certification by an examination authority accepted by the State Fire Commission.

3.1.a.5. Property Maintenance Code Official - successful completion of the training and examination necessary to be certified as a property maintenance and housing inspector by the International Code Council; or an equivalent certification by an examination authority accepted by the State Fire Commission.

3.1.a.5.A. Provided, a Property Maintenance Code Official certification shall only be permitted in a local jurisdiction which has adopted solely the International Property Maintenance Code (“IPMC”).

3.1.a.5.B. Provided, any police officer(s), employed by a local jurisdiction, shall be permitted to enforce provisions of the property maintenance code pertaining to general property maintenance issues (high grass, rubbish, and garbage, etc.) without certification. Such officer(s) shall not cite violations relating to any structure(s) intended for human occupancy.

3.1.b. Inspector – the State Fire Commission will issue certification for an Inspector in a specific category to an applicant who receives a passing grade in all of the examinations required for that category, or in the alternative, one who is licensed to practice in this State as an Architect or Professional Engineer. The following category of examinations will be approved:

3.1.b.1. Residential Building Inspector – B1 Residential Building Inspector.

3.1.b.2. Commercial Building Inspector – B2 Commercial Building Inspector.

3.1.b.3. Residential Electrical Inspector – E1 Residential Electrical Inspector and hold a valid WV Journeyman or Master Electrician’s License with at least 4000 hours of work experience.

3.1.b.4. Commercial Electrical Inspector – E2 Commercial Electrical Inspector and hold a valid WV Journeyman or Master Electrician’s License with at least 4000 hours of work experience.

3.1.b.5. Residential Mechanical Inspector – M1 Residential Mechanical Inspector.

3.1.b.6. Commercial Mechanical Inspector – M2 Commercial Mechanical Inspector.

3.1.b.7. Residential Plumbing Inspector – P1 Residential Plumbing Inspector.

3.1.b.8. Commercial Plumbing Inspector – P2 Commercial Plumbing Inspector.

3.1.b.9. Property Maintenance and Housing Inspector – 64 Property Maintenance and Housing Inspector.

3.1.b.10. Other Inspector Certifications – 21 Accessibility Inspector; C1 Floodplain Inspector; 47 Reinforced Concrete Inspector; 92 Prestressed Concrete Inspector; 84 Structural Masonry Inspector; 86 Spray-applied Fireproofing Inspector; S1 Structural Steel and Bolting Inspector; S2 Welding Inspector; EC Soils Inspector; DR Disaster Response Inspector; and 77 Commercial Energy Inspector.

3.1.c. Plans Examiner – the State Fire Commission will issue certification for a Plans Examiner in a specific category to an applicant who receives a passing grade in all of the examinations required for that category, or in the alternative, one who is licensed to practice in this State as an Architect or Professional Engineer. The following category of examinations will be approved:

3.1.c.1. Building Plans Examiner – B3 Building Plans Examiner.

3.1.c.2. Residential Building Plans Examiner – R3 Residential Building Plans Examiner.

3.1.c.3. Electrical Plans Examiner – E3 Electrical Plans Examiner and hold a valid WV Master Electrician’s License.

3.1.c.4. Mechanical Plans Examiner – M3 Mechanical Plans Examiner.

3.1.c.5. Plumbing Plans Examiner – P3 Plumbing Plans Examiner.

3.2. Any person holding valid certification as a building code official, building code inspector, or building code plans reviewer under the provisions of W.Va. Code R. 87-7-1 et seq., effective July 1, 2016, whose administrative activities are limited thereunder to fewer than all five categories listed in paragraphs 3.1.a.1. – 5., may acquire certification and licensing for the remaining category or categories by demonstration of the qualifications established in subsection 3.1. of this section.

3.3. Application for certification(s) shall be made in writing to the State Fire Commission upon forms designated or prescribed by the State Fire Marshal.

3.4. The fee for certification is $75.00.

3.4.a. Applicants seeking certification(s) by the State Fire Commission shall be subject to the required fee of $75.00 for each class of certifications (i.e. $75.00 for one or all qualifying Code Official certification(s); $75.00 for one or all qualifying Inspector certifications; and/or $75.00 for one or all qualifying Plans Examiner certification(s).)

W. Va. Code R. § 103-6-4 Continuing Education Requirements

4.1. In order to maintain certification and qualify for renewal of the license, each code official, inspector, or plans examiner, or any person certified and licensed as any combination thereof, shall complete continuing education units in courses approved by the State Fire Commission for a total of 1.5 units acquired over the period of time of the current license and completed prior to the renewal date.

4.2. The State Fire Commission may establish code training provider standards, curriculum or subject matter standards, trainer qualifications and reporting requirements for continuing education programs.

4.2.a. The following instruction providers are deemed presumptively approved by the State Fire Commission: the ICC; the National Conference of States on Building Codes and Standards; a Federal, Commonwealth or State agency as it relates to building codes; an accredited academic institution as it relates to building codes; a model code organization or its accredited local chapter (WVCOA); a trade association representing design professionals or the construction industry; a national standards writing organization; and/or an association serving or representing state municipalities as it relates to building codes.

W. Va. Code R. § 103-6-5 Renewal of Certification and License

5.1. Every person certified and licensed under this rule shall renew his or her certification(s) every three years. A certification is not valid for a period greater than three years.

5.2. The State Fire Marshal may designate the forms to be used for application for renewal of certification and shall make them available to all persons licensed under this rule. Not less than 60 days prior to the expiration of a certification, the State Fire Marshal shall notify the person by mail of the pending expiration and provide that person with copies of the forms required to apply for renewal of the certification.

5.3. The fee for renewal of the certification is $75.00.

5.3.a. Applicants seeking renewal of certification(s) by the State Fire Commission shall be subject to the required fee of $75.00 for each class of certifications (i.e. $75.00 for one or all qualifying Code Official certification(s); $75.00 for one or all qualifying Inspector certifications; and/or $75.00 for one or all qualifying Plans Examiner certification(s).)

W. Va. Code R. § 103-6-6 Probationary Employment of Uncertified Code Officials, Inspectors and Plans Examiners

6.1. An uncertified person shall be granted a probationary status for a period not to exceed 2 years, during which the certification requirements of subsection 3.2. shall be satisfied. Upon proof of qualification for certification as required by subsection 3.2., the individual shall be certified in the respective categories listed in Section 3 of this Rule.

6.2. During the period of probationary status, the individual must submit to the State Fire Marshal a report of the person’s status in completing testing in the ICC disciplines. This report must be made within 90 days of the grant of probationary status and every 90 days thereafter through the period of probation. Failure to comply with this condition may result in the revocation of the probationary status.

6.3. Not less than 90 days prior to the expiration of the probationary period granted, an individual may request an extension of the probationary period. The State Fire Marshal may, upon good cause shown, extend the period of probationary status for not more than 6 months during which the individual must present monthly reports of their status in obtaining proper certification. Failure to comply with this condition may result in revocation of the probationary status.

6.4. In the event a probationary status or request for extension of probationary status is denied by the State Fire Marshal, the individual may request an administrative hearing pursuant to the provisions of W. Va. Code §29A-5-1 et seq. with the Administrative Law Judge within 30 days after receipt of the decision.

W. Va. Code R. § 103-6-7 Denial, Suspension, or Revocation of Certifications; Other Fees

7.1. The State Fire Marshal may deny, suspend, or revoke, any certification or application for certification for any of the following grounds:

7.1.a. failure to provide sufficient or complete documentation;

7.1.b. providing false documentation;

7.1.c. making any misrepresentation in the process of application for certification or renewal of certification;

7.1.d. failure to comply with the continuing education requirements;

7.1.e. failure to submit full payment of certification fees or renewal of certification fees; or

7.1.f. failure to submit an application within the time periods provided by this rule.

7.1.g. upon satisfactory proof that a certification holder or applicant has been convicted of a felony.

7.1.h. willfully departed from accepted standards of conduct in violation of the rules of the State Fire Commission or State Fire Marshal; or

7.1.i. willfully violated any federal, state, or local law, rule, or regulation, while acting in his or her official capacity as a Code Official, Inspector or Plans Examiner.

7.2. The State Fire Marshal may assess a late payment fee for any application submitted after the filing deadline according to the following schedule: $50 for an application submitted less than 15 days after the filing deadline, $100.00 for an application submitted 15 to 30 days after the deadline, and $200 for an application submitted more than 30 days after the filing deadline.

7.3. If a person fails to renew his or her certification within 60 days of the date of expiration, that person is not entitled to a renewal and shall reapply as a new applicant for certification.

W. Va. Code R. § 103-6-8 Local Code Enforcement Departments; Annual Reports

8.1. Any municipality, county, or local governmental entity, adopting and enforcing the State Building Code shall have a designated Code Enforcement Department.

8.1.a. A Code Enforcement Department must employ a certified Code Official as the administrator of the organization. The Code Official may supervise one or more Deputy Code Officials, and other administrative and technical staff employed by the Code Enforcement Department.

8.1.b. Each inspector, during the inspection, shall maintain and have readily available the current provisions in paper or electronic format of the appropriate standard for the relevant discipline available for review. The Code Official is responsible for ensuring that this is done, and that the inspector shall inform the building owner or agent, in writing, of the specific violation of the code by number and or title.

8.2. A person may not be employed or serve as a code official, code plans examiner or inspector unless that person is certified in his or her respective category by the State Fire Commission.

8.2.a. Any certified law enforcement officer(s) employed by a local jurisdiction may be permitted to enforce provisions of the property maintenance code pertaining to general property maintenance issues (high grass, rubbish, and garbage, etc.) without certification. However, such officer(s) may not cite violations relating to any structure(s) intended for human occupancy.

8.3. The Code Official shall submit an annual report to the State Fire Marshal indicating the number of employees in their respective code enforcement department, their job title, whether the employee is or is not certified by the State Fire Commission in their respective discipline, as well as a verification that the entity has adopted the current version of the State Building Code. The municipality, county, or local governmental entity, shall also report what ICC codes are being enforced respectively.

8.4. This annual report shall be filed with the State Fire Marshal no later than the thirtieth day of June of each year.

8.5. Conflict of Interest. No employee or person who contracts for services within the jurisdictional area of a Code Enforcement Department shall perform services for any department which would require that person or employee to exercise authority or make an evaluation of any work furnished by him or by a private contractor that employs him or with which he has a financial interest. Further, such employee or person shall not engage in conduct that is prohibited or considered a conflict of interest pursuant to the respective ICC code.

8.6. The State Fire Marshal may deny, suspend, or revoke, any certification or application for certification for any violation of this section.

W. Va. Code R. § 103-6-9 Complaints; Determination of Probable Cause

9.1. The State Fire Marshal, or his or her designee, shall be empowered with the authority of investigating and administratively handling any complaint filed alleging a violation of Sections 7 and/or 8 of this rule.

9.2. Any person, firm, corporation, member of the State Fire Commission, State Fire Marshal, or public officer, upon observing an infraction of the requirements of Section 7 or 8 of this rule may file a written complaint with the office of the State Fire Marshal. The State Fire Marshal may provide a form for this purpose, but a complaint may be filed in any written form.

9.3. To the extent possible, the complaint should describe the alleged violation which prompted the complaint, including any of the following information:

9.3.a. The name and address of the certified individual or applicant against whom the complaint is lodged;

9.3.b. The date of the alleged unlawful act;

9.3.c. The nature of the alleged unlawful act; and

9.3.d. The location of the alleged unlawful act.

9.4. The State Fire Marshal shall maintain a separate file for each complaint received, and each file shall have a number assigned to it. The individual that is the subject of the Complaint shall be deemed and hereinafter referred to as the “Respondent”.

9.5. The State Fire Marshal shall maintain a complaint log which records the receipt of each complaint, its nature, and its disposition.

9.6. Upon receipt of a complaint, the State Fire Marshal shall issue one of the following acknowledgments to the complainant:

9.6.a. That the matter will be reviewed by the State Fire Marshal;

9.6.b. That the complaint is outside the jurisdiction of the State Fire Marshal, with suggestions, if any such exist, as to how the complainant might best obtain a resolution of his or her problem; or,

9.6.c. That more information will be required in order to adequately review the individual complaint.

9.7. If the State Fire Marshal acknowledges the complaint under subdivision 9.6.a., or 9.6.c., the State Fire Marshal shall send a copy of the complaint, including any supporting documentation, by certified mail to the Respondent for his or her written comment. If the acknowledgement falls under subdivision 9.8.b., the State Fire Marshal may, in his/her discretion, notify the Respondent with a copy of the complaint and inform the Respondent that the complaint is being dismissed for lack of jurisdiction and no further action is necessary by the Respondent.

9.8. If the matter is being further reviewed or investigated pursuant to subdivision 9.6.a., or 9.6.c., the State Fire Marshal shall afford the Respondent an opportunity to submit a written response to the State Fire Marshal within 30 days of the date of such correspondence, or waive the right to do so.

9.8.a. A copy of the complaint sent to the certificate holders or applicants shall be considered properly served when sent to their last known address. It is the responsibility of the certificate holder or applicant to keep the State Fire Marshal informed of his or her current address.

9.9. After acknowledgement of a complaint under subdivision 9.6.a. or 9.6.c., the State Fire Marshal shall cause to be conducted any reasonable inquiry or investigation he or she considers necessary to determine the truth and the validity of the allegations set forth in the complaint. At his or her discretion, the State Fire Marshal may assign a designee to inquire or investigate the complaint.

9.9.a. If a complaint is assigned to a designee, the designee shall timely review and investigate the complaint. Upon completion of the inquiry/investigation, the designee shall provide the State Fire Marshal with a written report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the inspection, the records reviewed, and interviews conducted, and a statement of the designee’s findings and recommendations.

9.9.b. During the course of the inquiry/investigation, the designee shall provide an update to the State Fire Marshall at least every 60 days about the status and anticipated duration of the investigation. The State Fire Marshal may direct or cease certain activities of the designee in order to facilitate a timely resolution of the inquiry/investigation.

9.10. The State Fire Marshal, or designee, may issue subpoenas and subpoenas duces tecum to complete the State Fire Marshal’s investigation and to determine the truth or validity of complaints.

9.11. As part of any inquiry or investigation, the Respondent shall be afforded an opportunity to have an investigative interview which, at the discretion of the State Fire Marshal (or designee), may be recorded and transcribed by a court reporter. A copy of such recording or transcription shall be placed in the investigation file.

9.12. Notwithstanding subsection 9.11., to facilitate the disposition of a complaint, the State Fire Marshal, or designee, may request any person to attend an informal conference at any time prior to the State Fire Marshal entering any order with respect to the complaint. The State Fire Marshal, or the designee, shall give notice of the conference, which shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.

9.13. Upon completion of the inquiry/investigation by the State Fire Marshal (or designee), the State Fire Marshal shall make render a decision as to the disposition of the complaint. The State Fire Marshal shall make a determination whether or not probable cause is found to limit or restrict a certification, suspend a certification, or revoke any certification issued by the State Fire Commission State Fire Marshal.

9.13.a. At any point in the course of an investigation or inquiry into a complaint, the State Fire Marshal may decide that there is not and will not be sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a certified individual or applicant may be sanctioned by the State Fire Marshal: Provided, that the State Fire Marshal or designee shall make their respective findings and decision.

9.13.b. At any point in the course of an investigation or inquiry, the State Fire Marshal may determine that there is sufficient evidence to warrant a finding of probable cause that a violation has occurred.

9.14. If no resolution is made during the Independent Informal Dispute process, a Formal Complaint setting forth a statement of violations, along with a Notice of Hearing, shall be issued by the State Fire Marshal. The administrative procedures governing the Complaint and Hearing are more fully set forth in Series 9 of Title 87 (W.Va. C.S.R. § 87-9-1 et seq.)

W. Va. Code R. § 103-6-10 Appeal of denial of certification; hearings; evidence

10.1. Any person who desires to appeal a decision or Order may appeal the decision or Order pursuant to the provisions contained in Series 9 of Title 87 of the West Virginia Code of State Rules. The taking of evidence and hearing procedures shall be made in conformity therewith.

W. Va. Code R. § 103-6-11 Orders

11.1. Any final order entered by the State Fire Marshal following a hearing conducted pursuant to these rules shall be made pursuant to the provisions of W. Va. Code §§29A-5-3. Such orders shall be entered within 45 days following the submission of all documents and materials necessary for the proper disposition of the case, including transcripts, and shall contain findings of fact and conclusions of law.

11.2. The findings of fact and conclusions of law must be made by the Administrative Law Judge, before a final order is entered. A copy of the final order rendered by an Administrative Law Judge shall be served upon the demanding or charged party and/or his or her attorney of record, if any, within 10 days after entry by the Fire Marshal by personal service or by registered or certified mail.

11.3. The Administrative Law Judge’s Order and Decisions are final and Conclusive – A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to W.Va. Code §15A-9-1 et seq. of this code or may choose independent informal dispute resolution as set forth in this article. Any order or final written decision of the Administrative Law Judge based upon or made in the course of the administration or enforcement of the provisions of W. Va. Code §15A-9-1 et seq. based upon or made pursuant to this rule, is final, unless vacated or modified upon review pursuant to the appeal rights and procedures provided by Chapter 29A of the W. Va. Code and this rule. A party may appeal the hearing examiner’s decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all “[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022” per West Virginia Code §51-11-4(b)(4).

W. Va. Code R. § 103-6-12 Appeal

12.1. An appeal from any final order of the Administrative Law Judge entered in accordance with these rules shall comply with the provisions of W. Va. Code § 29A-6-1 et seq.

103CSR6

Series 07 Certification of Home Inspectors

W. Va. Code R. § 103-7-1 General

1.1. Scope. -- This rule establishes the procedures to be followed to assure that consumers of home inspection services can rely on the competence of home inspectors, as determined by educational and experience requirements and testing. In order to protect consumers, this rule defines home inspection, outlines what must be included in a home inspection, defines unethical conduct by home inspectors and creates penalties for prohibited acts.

1.2. Authority. -- W. Va. Code § 15A-10-5(a), (b), (c).

1.3. Filing Date. -- April 15, 2024.

1.4. Effective Date. -- May 1, 2024.

1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect upon August 1, 2029.

1.6. Enforcement. -- The State Fire Marshal shall administer and enforce the provisions of this rule.

1.7. Repeal and Replace. -- This rule replaces 87 CSR 5, “Certification of Home Inspectors” filed May 1, 2014, and effective July 1, 2014, pursuant to Senate Bill 586, passed during the 2020 Regular Session.

W. Va. Code R. § 103-7-2 Necessity of Certification; Definitions

2.1. After the effective date of this rule, a person may not perform, offer to perform, or engage in home inspection work for compensation or hire within the state of West Virginia unless that person possesses a certificate issued by the State Fire Marshal.

2.2. A “business entity” as used in this rule means a corporation, association, partnership, limited liability company, or other legal entity. A business entity may not provide home inspection services unless each of the home inspectors employed by the business entity is certified.

2.3. A business entity or person may not use, in connection with the name or signature of the business entity, the title “home inspector” or “home inspectors” to describe the business entity’s services, unless each of the home inspectors employed by the business entity is certified.

2.4. A person shall not present, call or represent him or herself as able to provide a home inspection for compensation unless certified in accordance with the provisions of this rule.

2.5. The following words and terms have the following meanings:

2.5.a. "Certification" -- Means a valid and current home inspector certification issued by the State Fire Marshal.

2.5.b. “Client” -- Means any person who for compensation engages the services of a home inspector for the purpose of obtaining inspection of, and a written report upon, the condition of a residential dwelling.

2.5.c. “Compensation” -- Means direct or indirect payment, including the expectation of payment whether or not actually received.

2.5.d. “Component” -- Means a readily accessible and observable aspect of a system, such as a floor or wall, but not individual pieces such as boards or nails where many similar pieces make up a system.

2.5.e. “Home Inspection” -- Means a visual analysis for the purpose of providing a professional opinion of the condition of a building and its carports and garages, any reasonable accessible installed components and the operation of the building systems, including the controls normally operated by the owner, for the following components of a residential dwelling of four units or less: heating system, cooling system, electrical system, plumbing system, structural components, foundation, roof covering, exterior and interior components and site aspects as they affect the dwelling.

2.5.f. “Home Inspection Report” -- Means a written report prepared for compensation and issued after a home inspection to the client. The inspection report shall include, but not be limited to the following:

2.5.f.1. On those systems and components inspected which, in the professional opinion of the inspector, are significantly deficient or are near the end of their service life and a reason why, if not self evident, the systems or components are significantly deficient or near the end of their service life;

2.5.f.2. The inspector’s recommendations for further evaluation by a licensed professional to correct or monitor the reported condition discovered; and

2.5.f.3. Any systems and components which were present at the time of the inspection but were not inspected, and a reason they were not inspected.

2.5.g. “Home Inspector” -- Means any person who is certified pursuant to this rule as a home inspector and who engages in the business of performing home inspections and writing home inspection reports.

2.5.h. “Readily Accessible” -- Means available for visual inspection without requiring moving of personal property, dismantling, destructive measures, or any action that likely will involve risk to persons or property.

2.5.i. “Residential Dwelling” -- Means a structure consisting of from one to four family dwelling units.

2.5.j. "State Fire Marshal" -- Means the West Virginia State Fire Marshal and his or her designated representatives.

2.5.k. “System” -- Means a combination of interactive or interdependent components assembled to carry out one or more functions.

2.5.l. “Technically Exhaustive” -- Means an investigation that involves dismantling, the extensive use of advanced techniques, measurements, instruments, testing, calculations, or other means.

W. Va. Code R. § 103-7-3 Exemptions

3.1. This rule does not apply to, and a certification is not required for, the following persons:

3.1.a. A person, employed by a governmental entity, who inspects residential dwellings as part of his or her official duties and responsibilities for that entity;

3.1.b. A person performing an inspection of a residential dwelling on behalf of a bank, savings and loan association or credit union for the sole purpose of monitoring the progress of the construction of the dwelling;

3.1.c. A person employed as a residential property manager when conducting inspections as part of his or her duties in that position and when that person does not receive separate compensation for the act of inspecting the residences; or

3.1.d. A person, regulated in another profession, when acting within the scope of that person’s license, registration, or certificate.

W. Va. Code R. § 103-7-4 Qualifications for Certification

4.1. As an initial requirement and qualification to obtain a certification as a home inspector, every applicant:

4.1.a. Shall have passed the National Home Inspector Examination offered by the Examination Board of Professional Home Inspectors or other, comparable examination, as determined or designated by the State Fire Marshal; and

4.1.b. Shall present proof of satisfactory completion of at least 80 hours of instruction which, as determined by the State Fire Marshal, directly relates to the performance of professional home inspections.

4.1.c. Successfully completed high school or its equivalent.

4.1.d. Present proof of, and shall maintain, general liability insurance in the amount of not less than $250,000.00. The certified home inspector shall forward proof of renewal to the State Fire Marshal's office prior to the expiration date of the policy and the proof of renewal shall cover, at a minimum, the period for which the Home Inspector Certification is issued.

4.1.e. Applicants shall be required to provide fingerprints for examination by the West Virginia State Police Criminal Investigation Bureau and the Federal Bureau of Investigation. If the applicant has been fingerprinted by the State Fire Marshal within the previous 36 months, then the State Fire Marshal may accept the previous fingerprints or require new fingerprints. If fingerprints are required to be provided by an applicant, the applicant shall provide a signed authorization for the release of information by the examining agencies. The costs of fingerprinting and fingerprint analysis shall be paid by the applicant.

W. Va. Code R. § 103-7-5 Procedure for application

5.1. An applicant requesting certification under the provisions of this rule shall, as a condition precedent to the issuance of certification, provide the State Fire Marshal with:

5.1.a. A completed application on forms furnished by the State Fire Marshal;

5.1.b. A copy of a valid West Virginia business license issued by the West Virginia Department of Tax and Revenue; and

5.1.c. Any other documentation required by the State Fire Marshal to ensure compliance with qualifications for certification.

5.1.d. The appropriate application fee.

5.2. The State Fire Marshal shall deny a certificate to any person who fails to meet the required minimum qualifications. If a certificate is denied for failure to meet the minimum qualifications, the applicant shall forfeit his or her application fee. Any applicant who attains the minimum requirements at a subsequent date shall submit to the State Fire Marshal a new application for certification, application fee and certification fee.

5.3. After review and approval by the State Fire Marshal of an application and receipt of the certification fee, the State Fire Marshal shall issue the home inspector's certification to the applicant.

5.4. Any applicant who has been denied a license may request a hearing through the Office of Administrative Hearings.

W. Va. Code R. § 103-7-6 Expiration and Renewal

6.1. Expiration. -- All home inspectors’ certifications issued by the State Fire Marshal expire on the last day of the anniversary month (12 months) from the date of issuance of the certification. (i.e., certification issued on August 15, 2013, will expire on August 31, 2014, and on August 31st each successive year).

6.2. Renewal Fee Required. -- Any certified home inspector, in good standing, may renew his or her certificate prior to the expiration date by submitting the authorized renewal certification fee to the State Fire Marshal. It is the individual home inspector's responsibility to submit his or her application for renewal to the State Fire Marshal prior to the expiration date of the current certification.

6.3. Renewal After Expiration. -- Any previously certified home inspector who has not renewed his or her certificate in accordance with the preceding subsection of this rule shall, if the certification has been expired for 3 years or less, submit a renewal application to the State Fire Marshal, along with proof of all required Continuing Education credits for the time period of expired certification and for the last certified period. If the certificate has been expired for greater than three years, the applicant shall submit a new application, with proof that the applicant has met the requirements of §103-7-4 of this rule, the testing having been completed within the last 3 years. A person may not perform home inspection work during the period of time his or her certification is expired. A person failing to renew his or her certification shall reapply for the home inspector's certification for which he or she qualifies in accordance with this rule.

6.4. As a condition of renewing any home inspector's certificate, the home inspector shall provide proof of completion of 16 Continuing Education Units annually. A continuing education unit is defined as 1.0 hours for every 50 minutes of instruction. Upon receipt of the required documentation, the State Fire Marshal shall issue the certification. All continuing education shall be related directly to health, life safety, construction, and maintenance of residential properties. Approval for courses shall be determined by the State Fire Marshal.

W. Va. Code R. § 103-7-7 Fees

The following fees apply:

7.1. Certification fee -- $125.00 fee per certification.

7.2. Renewal fee -- $100.00 fee per certification annually.

7.3. Application fee -- $25.00 fee per application submitted.

7.4. Late renewal fee – $50.00 fee per year late per certification.

7.5. Duplicate certification fee -- A person who has lost or had his or her home inspector's certification destroyed, may submit a duplicate application fee of $10.00 dollars payable to the State Fire Marshal and a statement stating the circumstances that the certification was lost or destroyed.

W. Va. Code R. § 103-7-8 Prohibited Acts

8.1. The State Fire Marshal may make investigations or conduct hearings to determine whether a violation of this rule has occurred.

8.2. The State Fire Marshal may refuse to grant or may suspend or revoke a home inspector certification upon proof to the satisfaction to the State Fire Marshal that the holder has:

8.2.a. Participated in an unfair business practice;

8.2.b. Conducted an inspection not in conformance with the practices described in this rule;

8.2.c. Perpetrated any fraud or deceit in obtaining or attempting to obtain or renew a certificate of registration or certificate of authorization; been negligent, incompetent, or committed an act of misconduct in the practice of home inspections;

8.2.d. Failed to comply with any of the provisions of this or any of the rules applicable to home inspectors;

8.2.e. Been disciplined by another state, territory, the District of Columbia, foreign country, the United States government, or any other governmental agency, if at least one of the grounds for discipline is the same or substantially equivalent to those grounds for discipline contained in this rule;

8.2.f. Failed within thirty days to provide information requested by the State Fire Marshal as a result of a formal or informal complaint, which would indicate a violation of this rule;

8.2.g. Knowingly made false statements or signed false statements, certificates, or affidavits to induce payment;

8.2.h. Aided or assisted another person in violating any provision of this or any of the rules applicable to home inspectors;

8.2.i. Violated any terms of probation imposed by the State Fire Marshal or practiced home inspections while the certification is suspended, revoked, non-renewed or inactive;

8.2.j. Signed or approved any home inspection not reviewed by the individual actually signing the report.

8.2.k. Engaged in dishonorable, unethical, or unprofessional conduct of a character likely to deceive, defraud or harm the public;

8.2.l. Provided false testimony or information to the State Fire Marshal.

8.3. It shall be considered an unfair business practice for a home inspector, a company that employs the inspector, or a company that is controlled by a company that also has a financial interest in a company employing a home inspector, to do any of the following:

8.3.a. To perform or offer to perform any repairs, or have a vested interest in any company that is to perform repairs, to a structure on which the inspector, or the inspector’s company, has prepared a home inspection report within the preceding twelve months;

8.3.b. To inspect, for compensation, any property in which the inspector, or the inspector’s company, has any financial interest or any interest in the transfer of the property;

8.3.c. To offer or deliver any compensation, inducement, or reward to the owner of the inspected property, the broker or agent, or other party who might receive a benefit, for the referral of any business to the inspector or the inspection company; or

8.3.d. To accept an engagement to make an inspection or to prepare a report in which the inspection itself, or the fee payable for the inspection, is contingent upon either the conclusions in the report, pre-established findings, or the close of escrow.

W. Va. Code R. § 103-7-9 Effect of Noncompliance; Failure to obtain certification; Penalty

9.1. Any person who conducts a home inspection without the required certification may be subject to being issued a citation or a civil action for an injunction in the name of the state in the circuit court of the county where the inspection was or is being performed. A circuit court by mandatory or prohibitory injunction may compel compliance with the provisions of this rule, with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal. The State Fire Marshal shall be represented in all proceedings instituted pursuant to this section by the attorney general or his or her assistants.

9.2. Any person who conducts or performs home inspections when that person does not have a valid certification issued or recognized by the State Fire Marshal may be subject to criminal prosecution under the provisions of W. Va. Code §15A-10-22.

W. Va. Code R. § 103-7-10 Reciprocity

10.1. Upon payment of the certification fee, application fee and submission to the State Fire Marshal of a completed application, the State Fire Marshal may issue a home inspector certificate to any person who holds a valid certification, license, or registration to conduct home inspections, issued by another jurisdiction that has standards substantially equivalent to, or exceeding, those of this state, as determined by the State Fire Marshal.

W. Va. Code R. § 103-7-11 General Standards of Practice

11.1. Home inspectors shall inspect readily accessible installed systems and components of residential dwellings and provide a written report to the client upon completion of the home inspection. These standards do not limit or restrict inspectors from:

11.1.a. Including other services for the inspection of systems or components in addition to those required;

11.1.b. Suggesting repairs to be made, based upon the findings of the home inspection, and recommending that the client seek the opinion of a professional tradesperson with regard to any suggested repairs; or

11.1.c. Excluding systems and components from the inspection if requested by the client.

W. Va. Code R. § 103-7-12 General Limitations

12.1. Home inspections, performed in accordance with the general standard of practice defined in Section 11 of this rule, are not technically exhaustive and will not identify concealed conditions or latent defects.

12.2. The provisions of Section 11 of this rule constitute the minimum standard for a home inspector in conducting and submitting reports of home inspections.

12.3. This rule applies to residential dwellings as defined in this rule.

W. Va. Code R. § 103-7-13 General Exclusions

13.1. Home inspectors may not be required to report or render an opinion on the following items:

13.1.a. The life expectancy of any component or system;

13.1.b. The cause of the need for a repair;

13.1.c. The methods, materials, and costs of corrections;

13.1.d. The suitability of the property for any specialized use;

13.1.e. Compliance or non-compliance with codes, ordinances, statutes, regulatory requirements, special utility, insurance, or restrictions;

13.1.f. The market value of the property or its marketability;

13.1.g. The advisability or inadvisability of purchasing the property;

13.1.h. Any component or system that was not inspected;

13.1.i. The absence of pests such as wood damaging organisms, rodents, or insects;

13.1.j. Cosmetic items and underground items not permanently installed;

13.1.k. Hidden or latent defects;

13.1.l. Items not visible for inspection;

13.1.m. The presence or absence of mold, mold-like, or microbial, growth or substances; or

13.1.n. The presence or absence of hazardous materials.

13.2. Home inspectors are not required to:

13.2.a. Offer warranties or guarantees of any kind;

13.2.b. Calculate the strength, adequacy, or efficiency of any system or component;

13.2.c. Enter any area or perform any procedure that may damage the property or its components or be dangerous to the home inspector or other persons;

13.2.d. Operate any system or component that is shut down or otherwise inoperable;

13.2.e. Operate any system or component that does not respond to normal operating controls;

13.2.f. Disturb insulation or move personal items, panels, furniture, equipment, plant life, soil, snow, ice, or debris that obstructs access or visibility;

13.2.g. Determine the presence or absence of any suspected adverse environmental condition or hazardous substance, including but not limited to toxins such as asbestos, radon and lead, carcinogens, noise, contaminants in the building or in soil, water, and air;

13.2.h. Determine the effectiveness of any system installed to control or remove suspected hazardous substances;

13.2.i. Predict future condition, including, but not limited to, the failure of any components.

13.2.j. Project operating costs of components;

13.2.k. Evaluate acoustical characteristics of any system or component; or

13.2.l. Inspect special equipment or accessories that are not listed as components to be inspected.

13.3. Home inspectors may not offer or perform any act or service contrary to law;

W. Va. Code R. § 103-7-14 Structural Components

14.1. The home inspector shall inspect, and describe the type of structural components including:

14.1.a. Foundations;

14.1.b. Floors;

14.1.c. Walls;

14.1.d. Columns or piers;

14.1.e. Ceilings; and

14.1.f. Roofs.

14.2. The home inspector report shall describe the type of:

14.2.a. Foundation;

14.2.b. Floor structure;

14.2.c. Wall structure;

14.2.d. Columns or piers;

14.2.e. Ceiling structure; and

14.2.f. Roof structure.

14.3. The home inspector shall:

14.3.a. Probe structural components only where deterioration is visible, except where probing would damage any surface;

14.3.b. Enter under floor crawl spaces, basements, and attic spaces, except when access is obstructed, when entry could damage the property, or when dangerous or adverse situations are suspected;

14.3.c. Report the methods used to inspect under floor crawl spaces and attics; and

14.3.d. Report signs of abnormal or harmful water penetration into the building or signs of abnormal or harmful condensation on building components.

W. Va. Code R. § 103-7-15 Exterior

15.1. The home inspector shall inspect:

15.1.a. Wall cladding, flashings, and trim;

15.1.b. Entryway doors and a representative number of windows;

15.1.c. Garage door operators;

15.1.d. Decks, balconies, stoops, steps, areaways, porches, and applicable railings;

15.1.e. Eaves, soffit, and fascias; and

15.1.f. Vegetation, grading, drainage, driveways, patios, walkways, and retaining walls with respect to their effect on the condition of the building.

15.2. The home inspector shall:

15.2.a. Describe wall cladding materials;

15.2.b. Operate all entryway doors and a representative number of windows;

15.2.c. Operate garage doors manually or by using permanently installed controls for any garage door operator; and

15.2.d. Report whether or not any garage door operator will automatically reverse or stop if equipped with that safety feature.

15.3. The home inspector is not required to inspect or report on:

15.3.a. Storm windows, storm doors, screening, shutters, awnings, and similar seasonal accessories;

15.3.b. Fences;

15.3.c. The presence of safety glazing in doors and windows;

15.3.d. Garage door operator remote control transmitters;

15.3.e. Geological conditions;

15.3.f. Soil conditions;

15.3.g. Recreational facilities (including spas, saunas, steam baths, swimming pools, tennis courts, playground equipment, and other exercise, entertainment, or athletic facilities);

15.3.h. Detached buildings or structures; or

15.3.i. The presence or condition of buried fuel storage tanks.

W. Va. Code R. § 103-7-16 Roofing

16.1. The home inspector shall inspect:

16.1.a. Roof coverings;

16.1.b. Roof drainage systems;

16.1.c. Flashings;

16.1.d. Skylights, chimneys, and roof penetrations; and

16.1.e. Signs of leaks or abnormal condensation on building components.

16.2. The home inspector shall:

16.2.a. Describe the type of roof covering materials; and

16.2.b. Report the methods used to observe the roofing.

16.3. The home inspector is not required to:

16.3.a. Walk on the roofing; or

16.3.b. Inspect attached accessories including but not limited to solar power systems, antennae, and lightning arrestors.

W. Va. Code R. § 103-7-17 Plumbing

17.1. The home inspector shall inspect:

17.1.a. Interior water supply and distribution systems, including piping materials, supports, insulation; fixtures and faucets; functional flow; leaks; and cross connections.

17.1.b. Interior drain, waste, and vent systems, including: traps, drain, waste and vent piping; piping supports and pipe insulation; leaks and functional drainage;

17.1.c. Hot water systems including: water heating equipment; normal operating controls; automatic safety controls; and chimneys, flues, and vents;

17.1.d. Fuel storage and distribution systems including interior fuel storage equipment, supply piping, venting and supports; leaks; and

17.1.e. Sump pumps.

17.2. The home inspector shall describe:

17.2.a. Water supply and distribution piping materials;

17.2.b. Drain, waste and vent piping materials;

17.2.c. Water heating equipment; and

17.2.d. The location of the main water supply shut-off device.

17.3. The home inspector shall operate all plumbing and plumbing fixtures, including their faucets and all exterior faucets attached to the house, except where the flow end of the faucet is connected to an appliance or winterized equipment.

17.4. The home inspector is not required to:

17.4.a. State the effectiveness of anti-siphon devices;

17.4.b. Determine whether water supply and waste disposal systems are public or private;

17.4.c. Operate automatic safety controls;

17.4.d. Operate any valve except water closet flush valves, fixture faucets and hose faucets;

17.4.e. Inspect:

17.4.e.1. Water conditioning systems;

17.4.e.2. Fire and lawn sprinkler systems;

17.4.e.3. On-site water supply quantity and quality;

17.4.e.4. On-site waste disposal systems;

17.4.e.5. Foundation irrigation systems;

17.4.e.6. Spas;

17.4.e.7. Swimming pools;

17.4.e.8. Solar water heating equipment; or

17.4.e.9. The system for proper sizing, design, or use of proper materials.

W. Va. Code R. § 103-7-18 Electrical

18.1. Except as set forth in subsection 18.7. of this rule, the home inspector shall not be required to inspect any electrical system, component, or subcomponent for electrical code compliance.

18.2. The home inspector may submit a professional evaluation concerning:

18.2.a. Service entrance conductors;

18.2.b. Service equipment, ground equipment, main over current device and main and distribution panels;

18.2.c. Amperage and voltage ratings of the service;

18.2.d. Branch circuit conductors, their over-current devices and the compatibility of the amperages and voltages;

18.2.e. The operation of a representative number of installed ceiling fans, lighting fixtures, switches and receptacles located inside the house, garage and on the dwelling’s exterior walls;

18.2.f. The polarity and grounding of all receptacles within 6 feet of interior plumbing fixtures, and all receptacles in the garage or carport and on the exterior of inspected structures; and

18.2.g. The operation of ground fault circuit interrupters or arc fault breakers.

18.3. The home inspector shall describe:

18.3.a. Service amperage and voltage;

18.3.b. Service entry conductor materials;

18.3.c. Service type as being overhead or underground; and

18.3.d. The location of main and distribution panels.

18.4. The home inspector shall report any observed aluminum branch circuit wiring.

18.5. The home inspector shall report on the presence or absence of smoke detectors and carbon monoxide detectors, if accessible, except when detectors are part of a central system. Inspectors shall recommend the proper installation of smoke detectors and carbon monoxide detectors per current NFPA standards, and in compliance with West Virginia Code § 15A-10-12.

18.6. The home inspector is not required to:

18.6.a. Insert any tool, probe, or testing device inside the panels;

18.6.b. Test or operate any over-current device except ground fault circuit interrupters and arc fault breakers;

18.6.c. Dismantle any electrical device or control other than to remove the dead front covers of the main and auxiliary distribution panels; or

18.6.d. Evaluate:

18.6.d.1. Low voltage systems;

18.6.d.2. Security system devices, heat detectors or carbon monoxide detectors;

18.6.d.3. Telephone, security, cable TV, intercoms or other ancillary wiring that is not part of the primary electrical distribution system; or

18.6.d.4. Built-in vacuum equipment.

18.7. The home inspector shall visually inspect any electrical system and shall recommend to the client, if a perceived possible electrical hazard exists, a full electrical system inspection performed by a West Virginia certified electrical inspector as certified pursuant to W. Va. Code, §29-3C-1 et seq.

W. Va. Code R. § 103-7-19 Heating

19.1. The home inspector shall inspect permanently installed heating systems including:

19.1.a. Heating equipment;

19.1.b. Normal operating controls;

19.1.c. Automatic safety controls;

19.1.d. Chimney, flues and vents, where readily visible;

19.1.e. Solid fuel heating devices including fireplaces;

19.1.f. Heat distribution systems including fans, pumps, ducts, and piping, with associated supports, insulation, air filters, registers, radiators, fan coil units, convectors; and

19.1.g. The presence of an installed heat source in each room.

19.2. The home inspector shall describe:

19.2.a. The energy source; and

19.2.b. The heating equipment and distribution type.

19.3. The home inspector shall operate the systems using normal operating controls.

19.4. The home inspector shall open readily accessible panels provided by the manufacturer or installer for routine homeowner maintenance.

19.5. The home inspector is not required to:

19.5.a. Operate heating systems when weather conditions or other circumstances may cause equipment damage;

19.5.b. Operate automatic safety controls;

19.5.c. Ignite or extinguish solid fuel fires and/or pilot lights ; or

19.5.d. Inspect:

19.5.d.1. The interior of flues;

19.5.d.2. Fireplace insert flue connections;

19.5.d.3. Humidifiers;

19.5.d.4. Electronic air filters; or

19.5.d.5. The uniformity or adequacy of heat supplies to the various rooms.

W. Va. Code R. § 103-7-20 Central Air Conditioning

20.1. The home inspector shall inspect central air conditioning systems, including the following components:

20.1.a. Cooling and air handling equipment;

20.1.b. Normal operating controls;

20.1.c. Fans, pumps, ducts, and piping, with associated supports, dampers, insulation, air filters, registers, fan coil units; and

20.1.d. The home inspector shall inspect for the presence of an installed cooling source in each room.

20.2. The home inspector shall describe:

20.2.a. Energy sources; and

20.2.b. Cooling equipment type.

20.3. The home inspector shall operate the systems using normal operating controls.

20.4. The home inspector shall open readily openable access panels provided by the manufacturer or installer for routine homeowner maintenance.

20.5. The home inspector is not required to:

20.5.a. Operate cooling systems when weather conditions or other circumstances may cause equipment damage;

20.5.b. Inspect non-central air conditioners; or

20.5.c. Inspect the uniformity or adequacy of cool-air supply to the various rooms.

W. Va. Code R. § 103-7-21 Interiors

21.1. The home inspector shall inspect:

21.1.a. Walls, ceiling, and floors;

21.1.b. Steps, stairways, balconies, and railings;

21.1.c. Countertops and a representative number of cabinets and drawers; and

21.1.d. A representative number of doors and windows.

21.2. The home inspector shall:

21.2.a. Operate a representative number of windows and interior doors; and

21.2.b. Report signs of abnormal or harmful water penetration into the building or signs of abnormal or harmful condensation on building components.

21.3. The home inspector is not required to inspect:

21.3.a. Paint, wallpaper and other finish treatments on the interior walls, ceilings, and floors;

21.3.b. Carpeting; or

21.3.c. Draperies, blinds, or other window treatments.

W. Va. Code R. § 103-7-22 Insulation and Ventilation

22.1. The home inspector shall inspect:

22.1.a. Insulation and vapor retarders in unfinished spaces;

22.1.b. Ventilation of attics and foundation areas;

22.1.c. Kitchen, bathroom, and laundry venting systems; and

22.1.d. The operation of any readily accessible attic ventilation fan and, when temperature permits, the operation of any readily accessible thermostatic control.

22.2. The home inspector shall describe:

22.2.a. Insulation in unfinished spaces; and

22.2.b. Absence of insulation in unfinished space at conditioned surfaces.

22.3. The home inspector is not required to report on:

22.3.a. Concealed insulation and vapor retarders; or

22.3.b. Venting equipment that is integral with household appliances.

W. Va. Code R. § 103-7-23 Built-In Kitchen Appliances

23.1. The home inspector shall inspect and operate the basic functions of the following kitchen appliances:

23.1.a. Every permanently installed dishwasher; through its normal cycle;

23.1.b. Ranges, cook tops and permanently installed ovens;

23.1.c. Trash compactors;

23.1.d. Garbage disposals;

23.1.e. Ventilation equipment or range hoods; and

23.1.f. Permanently installed microwave ovens.

23.2. The home inspector is not required to inspect:

23.2.a. Clocks, timers, self-cleaning oven function, or thermostats for calibration or automatic operation;

23.2.b. Non built-in appliances such as clothes washers and dryers; or

23.2.c. Refrigeration units such as freezers, refrigerators, and icemakers.

23.3. The home inspector is not required to operate:

23.3.a. Appliances in use; or

23.3.b. Any appliance that is shut down or otherwise inoperable.

W. Va. Code R. § 103-7-24 Responsibilities of the Home Inspector

24.1. A home inspector shall submit a written report as to the conditions of the property, on the day of the inspection, to the client within a mutually agreed upon time frame.

24.2. A home inspector shall submit an annual summary to the State Fire Marshal of all home inspections performed during the preceding year, reporting the number, type and county of inspections conducted. This annual report shall be filed with the State Fire Marshal no later than the 31st day of January of the following year. The State Fire Marshal may offer standardized forms for use to comply with this section.

24.3. A certified home inspector shall comply with all federal, state, and local laws, rules, and regulations.

24.4. A certified home inspector shall maintain records of all his or her home inspections for 3 years from the date the inspection report was provided to the client.

24.5. At all times the certified home inspector shall keep a current address and phone number on record with the West Virginia State Fire Marshal.

W. Va. Code R. § 103-7-25 Display of Certification

25.1. While conducting the business of home inspections, home inspectors shall, at all times, have on their person the certification card issued by the State Fire Marshal.

25.2. A certification issued by the State Fire Marshal shall be displayed at the certificate holder’s place of business.

25.3. All correspondence, inspection reports and advertisements shall identify the certificate holder with the term “Certified Home Inspector” along with the certification number of the inspector as issued by the State Fire Marshal.

W. Va. Code R. § 103-7-26 Disposition of fees

26.1. All fees and moneys received as a result of actions under this rule shall be deposited in the special revenue account created pursuant to W. Va. Code §15A-10-7.

W. Va. Code R. § 103-7-27 Causes for Denial, Limitation, Suspension or Revocation of Certifications of Home Inspectors

27.1. The State Fire Marshal may deny, limit, suspend, or revoke a license issued if the provisions of this article, or if the rules promulgated pursuant to this article or §15A-10-1 et seq. of this code are violated.

27.1.a. Before any such license is denied, limited, suspended, or revoked, however, written notice shall be given to the licensee stating the grounds for such denial, limitation, suspension, or revocation.

27.1.b. An applicant or licensee has 10 working days after receipt of the order denying, limiting, suspending, or revoking a license to request a formal hearing contesting the denial, limitation, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of §29A-5-1 et seq. of this code.

27.1.c. If the license is denied, limited, suspended, or revoked, the license or certification holder shall cease and desist practices of their profession as of the effective date of the denial, limitation, suspension, or revocation. Any administrative appeal of such denial, limitation, suspension, or revocation shall not stay the denial, limitation, suspension, or revocation.

27.2. A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to §15A-9-1 et seq. of this code, or may choose independent informal dispute resolution pursuant to §15A-10-18.

27.3. Then a party may appeal the hearing examiner’s decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all “[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022” per West Virginia Code §51-11-4(b)(4).

W. Va. Code R. § 103-7-28 Disposition of Complaints

28.1. Any person, firm, corporation, State Fire Marshal, or public officer may make a complaint to the State Fire Marshal which charges a certified home inspector with a violation of this rule. The State Fire Marshal may provide a form for that purpose, but a complaint may be filed in any written form. In addition to describing the alleged violation which prompted the complaint, the complaint should contain the following:

28.1.a. The name and address of the certified home inspector against whom the complaint is lodged;

28.1.b. The date of inspection;

28.1.c. The name of any person who may have inspected or repaired the home after the alleged incident;

28.1.d. The nature of the alleged violation;

28.1.e. The location of the alleged violation.

28.2. A complaint against a certified home inspector shall allege that such person is, in his or her professional capacity, engaging in conduct, practices or acts constituting professional negligence or a willful departure from accepted standards of professional conduct in violation of this rule.

28.3. Complainants are immune from liability for the allegations contained in their complaints filed with the State Fire Marshal unless the complaint is filed in bad faith or for a malicious purpose.

28.4. The State Fire Marshal shall maintain a complaint log which records the receipt of each complaint, its nature and its disposition.

28.5. The State Fire Marshal shall maintain a separate file on each complaint received, and each file shall have a number assigned to it.

28.6. Upon receipt of a complaint, the State Fire Marshal shall issue one of the following acknowledgments to the complainant:

28.6.a. That the matter will be reviewed by the State Fire Marshal;

28.6.b. That the complaint is outside the jurisdiction of the State Fire Marshal, with suggestions as to how the complainant might best obtain a resolution of his or her problem; or,

28.6.c. That more information will be required in order to adequately review the individual complaint.

28.7. If the State Fire Marshal acknowledges the complaint under subdivision 28.6.a., or 28.6.c., the State Fire Marshal shall send a copy of the complaint, including any supporting documentation, by certified mail to the certified home inspector or applicant in question for his or her written comment, and he or she shall submit a written response to the State Fire Marshal within 30 days of the date of such correspondence, or waive the right to do so.

28.8. Requests for comment on complaints sent to certified home inspectors or applicants shall be considered properly served when sent to the last address on file with the State Fire Marshal. It is the responsibility of the certified home inspector or applicants to keep the State Fire Marshal informed of his or her current address.

28.9. Upon receipt of a certified home inspector’s or applicant’s comments in response to a complaint, the State Fire Marshal shall promptly send a copy of the same, including any supporting documentation, to the complainant.

28.10. After receipt and review of a complaint, unless the complaint is determined to fall within the provisions of subdivision 28.6.b. (outside of the jurisdiction) of this rule, the State Fire Marshal shall cause to be conducted any reasonable inquiry or investigation he or she considers necessary to determine the truth and the validity of the allegations set forth in the complaint. The review of complaints and any view or investigation thereof may, at the discretion of the State Fire Marshal, be assigned to a designee, who shall be a full time employee of the State Fire Marshal, or to an ethics investigator, for review and investigation.

28.11. Upon receipt of a complaint the designee or ethics investigator shall, within 60 days, review and investigate the same and provide the State Fire Marshal with a report. The report shall contain a statement of the allegations, a statement of facts, and an analysis of the complaint including a description of the inspection, the records reviewed, and interviews conducted, and a statement of the designee’s or ethics investigator’s findings and recommendations. The State Fire Marshal, the designee or ethics investigator shall, upon request of the State Fire Marshal, his or her designee or ethics investigator, be afforded an opportunity to have investigation interviews with the certified home inspector or applicant in question or any other involved parties, a report of which shall be placed in the investigation file.

28.12. To facilitate the disposition of a complaint, the State Fire Marshal, his or her designee, or ethics investigator, may request any person to attend an informal conference at any time prior to the State Fire Marshal entering any order with respect to the complaint. The State Fire Marshal, his or her designee or ethics investigator, shall give notice of the conference, which notice shall include a statement of issues to be informally discussed. Statements made at a conference may not be introduced at any subsequent hearing on the merits without the consent of all parties to the hearing. No prejudice shall attach for failure to attend a conference pursuant to a request.

28.13. The State Fire Marshal may issue subpoenas and subpoenas duces tecum to complete the State Fire Marshal’s investigation and to determine the truth or validity of complaints. A designee, or ethics investigator may request that the State Fire Marshal issue subpoenas or subpoenas duces tecum. Any such request shall be accompanied by a brief statement specifying the necessity for the same.

28.14. At any point in the course of an investigation or inquiry into a complaint, the State Fire Marshal may determine that there is not sufficient evidence to warrant further proceedings, or that the complaint fails to allege misconduct for which a certified home inspector may be sanctioned by the Fire Marshal after which the complaint may be dismissed.

28.15. At any point in the course of an investigation or inquiry, the State Fire Marshal may determine that there is sufficient evidence to warrant a finding that a violation has occurred, after which the Fire Marshal shall in a reasonable period of time render a decision.

28.15.a. Before any such license is denied, limited, suspended, or revoked; however, written notice shall be given to the licensee stating the grounds for such denial, limitation, suspension, or revocation.

28.15.b. An applicant or licensee has 10 working days after receipt of the order denying, limiting, suspending, or revoking a license to request a formal hearing contesting the denial, limitation, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of §29A-5-1 et seq. of this code.

28.15.c. If the license is denied, limited, suspended, or revoked, the license or certification holder shall cease and desist practices of their profession as of the effective date of the denial, limitation, suspension, or revocation. Any administrative appeal of such denial, limitation, suspension, or revocation shall not stay the denial, limitation, suspension, or revocation.

28.15.d. A party aggrieved by a decision by the State Fire Marshal may appeal such final decision to the Office of Administrative Hearings, pursuant to §15A-9-1 et seq. of this code, or may choose independent informal dispute resolution as set forth in this article.

28.15.e. Then a party may appeal the hearing examiner’s decision to the Intermediate Court of Appeals as the Intermediate Court of Appeals has appellate jurisdiction over all “[f]inal judgments, orders, or decisions of an agency or administrative law judge entered after June 30, 2022” per West Virginia Code §51-11-4(b)(4).

W. Va. Code R. § 103-7-29 Severability

29.1. The sections of this rule are severable. Should any section be declared by judicial opinion unconstitutional or in any manner contrary to the laws of the State of West Virginia, that particular section shall be invalid and all other sections shall remain in full force and effect.

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