CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
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ARTICLE 3C. CERTIFICATION OF ELECTRICAL INSPECTORS.
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This article is intended to protect the health, safety and
welfare of the public and to protect public and private property by
assuring the competence of persons who perform electrical
inspections of dwellings and other structures through certification
by the state fire marshal.
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(a) As used in this article, the terms:
(1) "Certified electrical inspector" means a person who is
certified by the state fire marshal as qualified to perform
electrical inspections. "Electrical inspector" does not include an
inspector employed by the office of miners' health, safety and
training pursuant to the provisions of section eleven, article one,
chapter twenty-two-a of this code.
(2) "Electrical inspection" means any inspection required by
this code and any inspection of a building to which electrical
service is connected, wherein the inspector certifies that the
electrical system in the building is in compliance with the
national electrical code, state fire code and the state building
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§29-3C-3. Certification of electrical inspectors required.
After the first day of January, two thousand three, no
electrical inspections may be performed, offered or engaged in for
compensation or hire within the state of West Virginia by any
person who is not certified pursuant to this article: Provided,
That any person who is employed by this state or any subdivision of
this state and who in the normal course of his or her business
conducts electrical inspections may perform electrical inspections
as within the scope of his or her employment without certification
pursuant to this article.
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§29-3C-4. Certification program; duties of the state fire marshal;
(a) The state fire marshal shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code to establish a program for the
certification of electrical inspectors. Proposed rules shall
provide: Standards and procedures for certification, including
applications, examinations, fees, qualifications, procedures for
investigating complaints, revoking or suspending certifications and
for renewing licenses. The state fire marshal is also authorized
to propose emergency rules to implement the provisions of this
That the emergency rules specify an initial
certification fee of fifty dollars.
(b) The state fire marshal shall certify an electrical
inspector upon a finding that the applicant possesses the requisite
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§29-3C-5. Denial of license; suspension and revocation of license.
The state fire marshal shall deny certification to any
(1) Fails to establish that he or she holds any other required
qualifications for certification established pursuant to rules
promulgated pursuant to section four of this article; or
(2) Is not a licensed master electrician in accordance with
rules promulgated pursuant to section four of this article.
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§29-3C-6. Suspension or revocation of certification.
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 materially misstated the
applicant's qualifications or experience;
(2) The certified electrical inspector knowingly subscribed to
or vouched for a misstatement by an applicant for certification;
(3) The certified electrical inspector incompetently performed
an electrical inspection;
(4) The certified electrical inspector failed to comply with
a provision of this article, or any rule promulgated pursuant to
section four of this article; or
(5) The certified electrical inspector failed to comply with
the reporting requirements of section eight of this article.
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§29-3C-7. Prohibited acts.
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 treatment;
(4) Inspect any electrical installation for which he or she
has performed any part of the work; or
(5) Perform an electrical inspection of any work furnished by
a private contractor that employs him or her on a full-time,
part-time or incidental basis: Provided, That an employee of a
contractor performing electrical installation may inspect
electrical work performed by other employees of the same employer,
as long as the inspection is not intended to be relied on by any
person other than the employer, and the electrical inspector does
not certify to an electric utility or to any person that the work
is in compliance with applicable building codes, electrical codes
or other standards.
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§29-3C-8. Required reporting of violations.
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
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§29-3C-9. Noncompliance with article; failure to obtain
(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 one hundred
fifty nor more than five hundred dollars, or confined in the county
or regional jail for not more than ninety days, or both; and upon
conviction of a second or subsequent offense, shall be fined not
less than five hundred dollars nor more than one thousand dollars,
or confined in the county or regional jail for not more than ninety
days, or both.
(b) Any person who conducts an electrical inspection without
the required certification is subject to being issued a citation or
a civil action in the name of the state in the circuit court of the
county where the inspection was or is being performed for an
injunction. A circuit court by mandatory or prohibitory 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 or state fire commission. The state fire
marshal shall be represented in all proceedings instituted pursuant
to this subsection by the attorney general or his or her
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§29-3C-10. Disposition of fees and other receipts.
All fees or moneys received as a result of actions under this
article shall be deposited in the special account created pursuant
to section twelve-b, article three of this chapter. Expenditures
from the fund shall be for the purposes set forth in this article
and article three of this chapter.