Chapter 29, Chapter 29

(a) The State Fire Commission shall, on or before July 1, 2021, propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code to provide: (1) Standard safe practices for the discharge or otherwise use class B fire-fighting foam that contains intentionall…

(a) 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 Mar…

An electrician previously licensed by the State Fire Marshal who did not renew his or her electrician’s license may renew the license without retesting within five years of the date of the last renewal: Provided, That the electrician’s license had not been revoked and that the ap…

The State Fire Marshal may, upon complaint, upon a request or referral, or upon his or her own inquiry suspend or revoke the certification of any person upon a finding that: (1) The certification was granted upon an application, or upon documents supporting the application, that …

(a) 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. (b) To receive a permit, a municipality, fair association, amusement park, or other organization shall: (…

(a) On and after January 1, 2009, a person performing or offering to perform fire protection work without a license issued by the State Fire Marshal, is subject to a citation. (b) Any person continuing to engage in fire protection work after the issuance of a citation is subject …

(a) 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; Provided, That the State Fire Marshal shall apply §29-3B-4(b) when determining if an applicant is el…

A certified electrical inspector may not: (1) Approve nor disapprove work of which he or she does not have personal knowledge; (2) Misrepresent his or her authority or responsibility; (3) Use his or her certification as an electrical inspector to secure special favors or treatmen…

(a) In addition to the sales tax, a fireworks safety fee of twelve percent of all sales is levied on retail sales of consumer fireworks in this state. The fee shall be distributed pursuant to the provisions of this subsection. The fee computation under this subsection shall be ca…

Any certified electrical inspector having knowledge of violations of this code or rules promulgated pursuant to this code by the fire marshal or the Fire Commission shall submit the information, together with available evidence, to the state Fire Marshal.

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 this article, without obtaining the required license …

(a) On and after January 1, 2009, a political subdivision of this state may not require, as a condition precedent to the performance of fire protection work in the political subdivision, a person who holds a valid and current license to perform fire protection work issued under t…

The State Fire Marshal may promulgate emergency rules and shall propose legislative rules for promulgation, in accordance with §29A-3-1 et seq. of this code, to implement this article, including: (1) Adopting by reference the most recent edition of APA Standard 87-1; (2) Adopting…

All fees paid pursuant to the provisions of this article, shall be paid to the state Fire Marshal and deposited in a special revenue account with the state Treasurer for the use of the state Fire Marshal as provided in subsection (c), section twelve-b, article three of this chapt…

This article does not prohibit any of the following: (1) The use of fireworks by railroads or other transportation agencies for signaling purposes or illumination; (2) The use of agricultural and wildlife fireworks; (3) The sale or use of blank cartridges for a theatrical perform…

(a) Any person performing electrical inspections without being certified pursuant to this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $150 nor more than $500, or confined in the county or regional jail for not more than ninety day…

After the effective date of this article 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 pursuant to this article, as a…

(a) The State Boxing Commission, heretofore created, is hereby continued and renamed the State Athletic Commission. The commission shall consist of five persons appointed by the Governor, by and with the consent of the Senate, no more than three of whom shall belong to the same p…

Any club, corporation, association or individual which may conduct, hold or give or participate in any sham or fake boxing, sparring or exhibition shall thereby forfeit its license issued in accordance with the provisions of this article, which shall thereupon be, by the commissi…

The commission shall have the additional authority and power to suspend, revoke, or place on probation the license of any licensee licensed under this chapter, who in the discretion of the commission: (a) Fails to obey any lawful order of the commission, the secretary, or any ins…

Every club, corporation, association or individual which may hold or exercise any of the privileges conferred by this article shall, within four business days after the determination of any contest, furnish to the commission a written report, duly verified by one of its officers,…

(a) Each member of the commission may be present at all exhibitions and matches without charge therefor, and shall, when present, see that the rules are strictly observed, and may be present at the counting of the gross receipts. The commission may appoint an inspector to be pres…

(a) The chief official of the boxing match or exhibition shall be the referee. The referee and judges shall be appointed by the commission and shall receive from the commission a card authorizing them to act as such and no club may employ or permit anyone to act as referee except…

In any boxing or exhibition match, each contestant must be examined by a qualified physician prior to entering the ring. The physician shall certify in writing over his signature, as to contestant's physical condition to engage in such contest. Qualified technicians may assist th…

No boxer shall be permitted to contest against an opponent ten pounds heavier than himself or herself when the weight of either contestant is less than one hundred fifty pounds. Weight classes as adopted by the Association of Boxing Commissions shall be utilized for all boxing an…

The office of the commission shall be located on the same premises as the office of the Lottery Commission and the Lottery Commission shall provide the commission with any necessary administrative support or management, including, but not limited to: (1) Administrative recordkeep…

It shall be the duty of the secretary to keep a full and true record of all proceedings of said commission, to preserve all its books, documents and papers, to prepare for service such notices and other papers as may be required of him or her by the commission and to perform such…

No contestant, trainer, inspector, referee, other official, matchmaker, or professional manager may take part in any boxing or mixed martial arts contest or exhibition unless holding a license from the state that is issued by the commission upon payment of the following annual li…

Any person who shall engage in a boxing contest with another person for money or other such things of value, or for any championship, when an admission fee is charged, either directly or indirectly in this state, except when such contest is held in compliance with this article, s…

If any person shall violate any provision of this article, for which violation a penalty is not here expressly provided, he shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not less than $50, nor more than $500.

In the event of violation of any provision of this chapter, in addition to any other remedy, the commission may apply to any court of record in the State of West Virginia for relief without being compelled to allege or prove that any adequate remedy at law does not exist.

(a) The commission shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code. (b) The commission shall propose such rules to regulate professional and semiprofessional boxers, professional or amateur mixed martial artists, pro…

Nothing in this article contained shall be construed to render unlawful boxing, sparring or exhibition contests for any charitable purpose, the American Legion, National Guard, Veterans of Foreign Wars, or other charitable organizations, but a permit shall be obtained from the co…

The provisions of this article do not apply to amateur wrestling, amateur boxing, or amateur sparring matches or exhibitions conducted by any university, college or high school.

If any section, clause, provision or portion of this article shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause or provision of this article which is not in and of itself unconstitutional…

(a) The commission has sole direction, management, and control of the jurisdiction over all amateur, professional, and semiprofessional boxing, sparring matches, and exhibitions, or any form thereof, to be conducted, held or given within the state by any club, individual, corpora…

(a) The commission has sole power, direction, management, and control over all professional and amateur mixed martial arts contests, matches, and exhibitions, or any form thereof, to be promoted, conducted, held, or given within the state. (b) As used in this article, the term "m…

(a) All moneys collected shall be deposited in a special account in the State Treasury to be known as the State Athletic Commission Fund. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only…

The licenses herein imposed shall be in lieu of all other licenses or license taxes of the State of West Virginia, and no county, city, town or other municipality or other political subdivision of the State of West Virginia shall be empowered to levy or impose any license or lice…

On or before December 31 of each year, the secretary of the commission shall present to the Governor projected expenses for the following year. Such projections shall include all expenses and revenues of the commission and its official headquarters. Necessary expenses incurred by…

The deputy, inspector or other officials designated by the commission to be in charge of a boxing or mixed martial arts event shall be paid by the promoter at a minimum rate of $75 per day for services performed prior to any event at a weigh-in and each day of an event: Provided,…

No person or persons, club, organization or corporation shall, except in accordance with law, interfere with or restrain, or attempt to interfere with or restrain, by any act, threat or otherwise, either within or without this state, the putting on or the conducting of any profes…

(a) The commission may issue a license to promote, conduct, or hold professional, semiprofessional or amateur boxing, or professional or amateur mixed martial arts sparring matches and exhibitions to any person, corporation, association, club, or organization eligible for a licen…

No boxing, sparring matches or exhibitions shall be conducted by any individual, club, organization or corporation having a license to conduct any such exhibitions in this state except by a sanction or permit from the commission.

(a) The general purpose of this article is to attract to the service of this state personnel of the highest ability and integrity by the establishment of a system of personnel administration based on merit principles governing the appointment, promotion, transfer, layoff, removal…

(a) The division may promulgate, adopt, amend, or repeal rules, pursuant to §29A-3-1 et seq. of this code, to implement the provisions of this article: (1) For the preparation, maintenance, and revision of a position classification plan for all positions in the classified service…

All officers and employees of the state and of municipalities and political subdivisions of the state shall allow the division the reasonable use of public buildings under their control, and furnish heat, light and furniture, for any examination, hearing or investigation authoriz…

All officers and employees of the state shall comply with and aid in all proper ways in carrying out the provisions of this article and the rules and orders thereunder. All officers and employees shall furnish any records or information which the director may request for any purp…

The records of the division are subject to the Freedom of Information Act in §29B-1-1 et seq., of this code and the personal information of employees and applicants are subject to the exemption from disclosure under §29B-1-4(a)(2) of this code.

(a) Subject to the approval of the board the director may enter into agreements with any municipality or other political subdivision of the state to furnish services and facilities of the division to such municipality or political subdivision in the administration of its personne…