Chapter 21, Chapter 21

Any owner who fails to comply with this article, upon the first violation, shall be assessed a civil fine of not less than $100 nor more than $500; and, upon a second violation shall be fined not less than $500 nor more than $1,000. For third and subsequent violations, an owner s…

The provisions of this article are intended 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 plumbing through licensure by the Commissioner of Labor.

As used in this article: (a) “License” means a valid and current license issued by the Commissioner of Labor in accordance with the provisions of this article. (b) “Journeyman plumber” means a person qualified by passage of a journeyman plumber written examination with a score of…

(a) On and after January 1, 2009, a person performing or offering to perform plumbing work in this state shall have a license issued by the Commissioner of Labor, in accordance with the provisions of this article. (b) A person licensed under this article must carry a copy of the …

Any person who has served as a member of the United States armed forces, National Guard, or reserve, and who has successfully completed the course of instruction required to qualify him or her for rating as a plumber, utilities worker, or other equivalent rating in his or her par…

The Commissioner of Labor shall propose rules for legislative approval, in accordance with the provisions of article three, chapter twenty-nine-a of this code, for the implementation and enforcement of the provisions of this article, which shall provide: (1) Standards and procedu…

The Commissioner of Labor and his or her Deputy Commissioner or any compliance officer of the Division of Labor as authorized by the Commissioner of Labor is authorized to enforce the provisions of this article, and may, at reasonable hours, enter any building or premises where p…

(b) The Commissioner of Labor may, upon complaint or upon his or her own inquiry, and after notice to the licensee, suspend or revoke a licensee’s license if: (1) The license was granted upon an application or documents supporting the application which materially misstated the te…

(a) On and after January 1, 2009, a person performing or offering to perform plumbing work without a license issued by the Commissioner of Labor, is subject to a cease and desist order. (b) Any person continuing to engage in plumbing work after the issuance of a cease and desist …

On and after January 1, 2009, a political subdivision of this state may not require, as a condition precedent to the performance of plumbing work in the political subdivision, a person who holds a valid and current license issued under the provisions of this article, to have any …

All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in a special revenue account in the State Treasury to be known as the Plumbing Work Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, amo…

The Legislature finds that: (1) The sport of ziplining and canopy touring is practiced by a large number of citizens of West Virginia and also attracts to West Virginia a large number of nonresidents, significantly contributing to the economy of West Virginia; and (2) There are i…

If, after inspection, a zipline or canopy tour, is found to comply with the rules of the division, the division shall issue a permit to operate. The permit shall be in the form of a certificate of inspection and shall be kept in the records of any operator for a three-year period…

An operator of a zipline or canopy tour shall notify the division not later than twenty-four hours after any fatality or accident occurring as a result of the operation of the zipline or canopy tour that results in a serious physical injury to any person requiring medical treatme…

Any person, firm or corporation operating a zipline may be served with civil process in the same manner as if the owner or operator was a domestic or foreign corporation.

The division may order, in writing, a temporary cessation of operation of a zipline if it has been determined after inspection to be hazardous or unsafe. Operation may not resume until the conditions are corrected to the satisfaction of the division.

Nothing contained in this article prevents cities and counties from regulating a zipline or canopy tour with regard to any aspect not relating to installation, repair, maintenance, use, operation and inspection of a zipline or canopy tour.

As used in this article: (1) "ACCT" means the Association for Challenge Course Technology; (2) "Canopy tours" means a facility not located in an amusement park or carnival which is a supervised or guided educational or recreational activity including, but not limited to, beams, b…

Every operator shall: (1) Construct, install, maintain and operate all ziplines and canopy tours in accordance with ACCT challenge course standards or substantially equivalent standards; (2) Ensure that ziplines and canopy tours are inspected at least annually by the Division or …

(a) It is the duty of each participant to participate as instructed by the operator. (b) Participants have a duty to act as would a reasonably prudent person when engaging in the sport of ziplining or canopy touring offered by a operator. (c) No participant may: (1) Use a zipline…

(a) A zipline operator shall be liable for injury, loss or damage caused by failure to follow the duties and standard of care set forth in section three of this article where the violation of duty is causally related to the injury, loss or damage suffered. (b) A zipline operator …

The division shall promulgate rules for the safe installation, repair, maintenance, use, operation and inspection of all ziplines and canopy tours consistent with ACCT Challenge Course Standards. The rules shall be in addition to any existing applicable safety orders and shall be…

(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each zipline or canopy tour. (1) The annual inspection fee, if an inspection is to be done by the division, is $100 for each zipline or canopy tour. (2) The annual inspection fee, if an in…

(a) The Division may hire or contract with inspectors to inspect zipline or canopy tours. The Division is responsible for oversight and review of the activities of special inspectors and may hire or contract with inspectors to review the activities of special inspectors. (b) The …

(a) No operator may knowingly permit the operation of a zipline or canopy tour without a permit issued by the Division. (b) Each year and at least fifteen days before the first time the zipline or canopy tour is made available in this state for public use, an operator shall apply…

The provisions of this article are intended 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 work on a heating, ventilating and cooling system through licensure by the Commissioner of La…

All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury to be known as the HVAC Fund and expended for the implementation and enforcement of this article. Throug…

(a) Any person who has served as a member of any branch of the United States Armed Forces, the National Guard, or armed forces reserve, may apply for licensure, if: (1) He or she has successfully completed a course of instruction required to qualify him or her for rating as an HV…

As used in this article and the legislative rules promulgated pursuant to this article: (a) “Perform work on a heating, ventilating, and cooling system” means to install, maintain, alter, remodel, or repair one or more components of a heating, ventilating, and cooling system. (b)…

(a) On and after January 1, 2016, a person performing or offering to perform work on a heating, ventilating, and cooling system in this state shall have a license issued by the Commissioner of Labor, in accordance with the provisions of this article and the legislative rules prom…

(a) An HVAC technician in training is authorized to assist in providing heating, ventilating, and cooling work only under the direction and control of a HVAC technician. (b) An HVAC technician is authorized to provide heating, ventilating, and cooling work without supervision. (c…

(a) The Commissioner of Labor shall propose rules for legislative approval, in accordance with the provisions of §21-16-5 et seq. of this code, for the implementation and enforcement of the provisions of this article, which shall provide: (1) Standards and procedures for issuing …

(a) The Commissioner of Labor and his or her Deputy Commissioner or any compliance officer of the Division of Labor as authorized by the Commissioner of Labor may enforce the provisions of this article and may, at reasonable hours, enter any building or premises where heating, ve…

(a) The Commissioner of Labor may deny a license to any applicant who fails to comply with the provisions of this article or the rules established by the Commissioner of Labor, or who lacks the necessary qualifications: Provided, That the commissioner shall apply §21-1-6 of this …

(a) On and after January 1, 2016, a person performing or offering to perform, or an employer authorizing a person not exempt by the provisions of section three of this article, to perform, heating, ventilating, and cooling work without a license issued by the Commissioner of Labo…

On and after January 1, 2016, a political subdivision of this state may not require, as a condition precedent to the performance of work on heating, ventilating and cooling in the political subdivision, a person who holds a valid and current license issued under this article, to …

The provisions of this article apply to all professions requiring an occupational license or other authorization to practice or perform a specific occupation in this state regulated by this chapter. This article may be known and cited as the “RECAP Act.”

The board may charge a fee to the person to recoup its costs. The fee may not exceed the cost of an application for original licensure charged by the board. Any application for renewing a license after obtaining a license under this article shall comply with the board’s establish…

This article preempts laws by township, municipal, county, and other governments in the state which regulate occupational licenses and other authorization to practice.

Boards affected by these provisions may promulgate rules pursuant to §29A-3-1 et seq. of this code to carry out the provisions of this article.

The words defined in this section have the meanings given them for purposes of this article unless the context clearly requires otherwise. “Board” means a government agency, board, department, or other government entity that regulates a lawful occupation and issues an occupationa…

(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: (1) The person holds a valid occupational license or other authorization to practice in another state in a…

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: (1) The person worked in a state that does not use an occupational l…

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.

The board will provide the person with a written decision issuing or denying a license within 60 days after receiving a complete application.

(a) The person may appeal the board’s decision to a court of general jurisdiction in the county where the person resides. (b) The person may appeal the board’s: (1) Denial of an occupational license or other authorization to practice; (2) Determination of the occupation; (3) Dete…

A person who obtains an occupational license or other authorization to practice pursuant to this article is subject to: (1) The laws regulating the occupation in this state; and (2) The jurisdiction of the board in this state.

(a) An occupational license or other authorization to practice issued pursuant to this article is valid only in West Virginia. It does not make the person eligible to work in another state under an interstate compact or reciprocity agreement unless otherwise provided in law. (b) …

As used in this article, the following terms shall have the meanings ascribed to them by this section, unless a different meaning is clearly required by the context in which the term is used: (1) “Covered caregiver” or “caregiver” means an individual licensed, certified, or other…

(a) An employer or organization that appoints a peer support team may designate any of the following individuals as an advisor to ensure team members are appropriately trained and are providing proper peer support services: (1) An individual licensed to practice medicine and surg…