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Chapter 29     Entire Code
‹ Chapter 28  |  Chapter 29A › Printer Friendly Versions
Chapter 29  |  Article 29 - 3D  |  Section 8

1 - DIVISION OF CULTURE AND HISTORY

1A - COMMISSION ON UNIFORM STATE LA

1B - COMMISSION ON INTERSTATE COOPE

1C - INTERSTATE COMMISSION ON THE P

1D - OHIO RIVER VALLEY WATER SANITA

1E - SOUTHERN STATES ENERGY COMPACT

1F - WHEELING CREEK WATERSHED PROTE

1G - INTERSTATE COMPACT ON AIR POLL

1H - APPALACHIAN STATES LOW-LEVEL R

1I - VOLUNTARY VETERANS MEMORIAL CH

1J - JENNINGS RANDOLPH LAKE PROJECT

2 - GEODETIC AND GEOLOGICAL SURVEY

2A - STATE AERONAUTICS COMMISSION

2B - WEATHER MODIFICATION

3 - FIRE PREVENTION AND CONTROL ACT

3A - AUTHORITY OF LOCAL FIRE DEPART

3B - SUPERVISION OF ELECTRICIANS

3C - CERTIFICATION OF ELECTRICAL IN

3D - SUPERVISION OF FIRE PROTECTION
    29 - 3 D- 1
    29 - 3 D- 2
    29 - 3 D- 3
    29 - 3 D- 4
    29 - 3 D- 5
    29 - 3 D- 6
    29 - 3 D- 7
    29 - 3 D- 8
    29 - 3 D- 9

4 - NOTARIES PUBLIC AND COMMISSIONE

4A - DEPARTMENT OF PUBLIC WELFARE

5 - BUREAU OF NEGRO WELFARE AND STA

5A - STATE ATHLETIC COMMISSION

6 - CIVIL SERVICE SYSTEM

6A - GRIEVANCE PROCEDURE FOR STATE

7 - POET LAUREATE

8 - BLENNERHASSETT ISLAND HISTORICA

9 - INDUSTRIAL AND PUBLICITY COMMIS

10 - STATE PLANNING BOARD

11 - SURPLUS PROPERTY AGENCY

12 - STATE INSURANCE

12A - GOVERNMENTAL TORT CLAIMS AND

12B - WEST VIRGINIA HEALTH CARE PR

12C - PATIENT INJURY COMPENSATION

12D - WEST VIRGINIA PATIENT INJURY

13 - ECONOMIC DEVELOPMENT AGENCY

14 - STATE COMMISSION ON AGING

15 - STATE COMMISSION ON MENTAL RE

16 - DEPARTMENT OF PERSONNEL

17 - THE WEST VIRGINIA ARTS AND HU

18 - WEST VIRGINIA STATE RAIL AUTH

19 - SOLICITATION OF CHARITABLE FU

20 - WOMEN'S COMMISSION

21 - PUBLIC DEFENDER SERVICES

22 - STATE LOTTERY ACT

22A - RACETRACK VIDEO LOTTERY

22B - LIMITED VIDEO LOTTERY

22C - WEST VIRGINIA LOTTERY RACETR

23 - WEST VIRGINIA BOUNDARY COMMIS

24 - TECHNOLOGY-RELATED ASSISTANCE

25 - AUTHORIZED GAMING FACILITY

26 - WEST VIRGINIA COURTHOUSE FACI

27 - NATIONAL COAL HERITAGE AREA A

28 - COAL HERITAGE HIGHWAY AUTHORI

29 - VOLUNTEER FOR NONPROFIT YOUTH

WVC 29- CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
WVC 29 - 3 D- ARTICLE 3D. SUPERVISION OF FIRE PROTECTION WORK.

WVC 29 - 3 D- 1 §29-3D-1. Declaration of purpose.
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 fire protection work through licensure by the State Fire Marshal.

WVC 29 - 3 D- 2 §29-3D-2. Definitions.
As used in this article:

(a) "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.

(b) "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.

(c) "Fire protection work" means 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.

(d) "Journeyman sprinkler fitter" means a person qualified by at least ten thousand hours of work experience installing, adjusting, repairing and dismantling fire protection systems and who is competent to instruct and supervise the fire protection work of a sprinkler fitter in training.

(e) "License" means a valid and current license issued by the State Fire Marshal in accordance with the provisions of this article.

(f) "Sprinkler fitter in training" means a person with interest in and an aptitude for performing fire protection work but who alone is not capable of performing such work, and who has fewer than ten thousand hours of experience installing, adjusting, repairing and dismantling fire protection systems.

WVC 29 - 3 D- 3 §29-3D-3. License required; exemptions.
(a) On and after the first day of January, two thousand nine, a person performing or offering to perform fire protection work in this state shall have a license issued by the State Fire Marshal, in accordance with the provisions of this article.

(b) A person licensed under this article must carry a copy of the license on any job in which fire protection work is being performed.

(c) This article does not apply to:

(1) A person who personally performs fire protection work on a single family dwelling owned or leased, and occupied by that person;

(2) A person who performs fire protection work at any manufacturing plant or other industrial establishment as an employee of the person, firm or corporation operating the plant or establishment;

(3) 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.

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

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

WVC 29 - 3 D- 4 §29-3D-4. Rule-making authority.
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, for the implementation and enforcement of the provisions of this article, which shall provide:

(1) Standards and procedures for issuing and renewing licenses, including classifications of licenses as defined in this article, applications, examinations and qualifications;

(2) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform work at the level of the classifications defined in this article and who apply for licensure on or before the first day of July, two thousand nine: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant is subject to all licensure requirements, including the examination;

(3) Reciprocity provisions;

(4) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;

(5) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer the provisions of this article;

(6) Enforcement procedures; and

(7) Any other rules necessary to effectuate the purposes of this article.

WVC 29 - 3 D- 5 §29-3D-5. Enforcement.
The State Fire Marshal and his or her deputy fire marshal, assistant fire marshal or assistant fire marshal-in-training, is authorized to enforce the provisions of this article, and may, at reasonable hours, enter any building or premises where fire protection work is performed and issue citations for noncompliance.

WVC 29 - 3 D- 6 §29-3D-6. Denial, suspension and revocation of license.
(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.

(b) 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:

(1) The license was granted upon an application or documents supporting the application which materially misstated the terms of the applicant?s qualifications or experience;

(2) The licensee subscribed or vouched for a material misstatement in his or her application for licensure;

(3) The licensee incompetently or unsafely performs plumbing or fire protection work; or

(4) The licensee violated any statute of this state, any legislative rule or any ordinance of any municipality or county of this state which protects the consumer or public against unfair, unsafe, unlawful or improper business practices.

WVC 29 - 3 D- 7 §29-3D-7. Penalties.
(a) On and after the first day of January, two thousand nine, 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 guilty of a misdemeanor and, upon conviction thereof, is subject to the following penalties:

(1) For the first offense, a fine of not less than two hundred dollars nor more than one thousand dollars;

(2) For the second offense, a fine of not less than five hundred dollars nor more than two thousand dollars, or confinement in jail for not more than six months, or both;

(3) For the third and subsequent offenses, a fine of not less than one thousand dollars nor more than five thousand dollars, and confinement in jail for not less than thirty days nor more than one year.

(c) A separate offense means each day, after official notice is given, that a person performs fire protection work that is unlawful or is not in compliance with the provisions of this article.

(d) The State Fire Marshal may institute proceedings in the circuit court of 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. 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. The State Fire Marshal shall be represented in all such proceedings by the Attorney General or his or her assistants.

(e) Any person adversely affected by an action of the State Fire Marshal may appeal the action pursuant to the provisions of chapter twenty-nine-a of this code.

WVC 29 - 3 D- 8 §29-3D-8. Inapplicability of local ordinances.
On and after the first day of January, two thousand nine, 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 issued under the provisions of this article, to have any other license or other evidence of competence as a fire protection worker.

WVC 29 - 3 D- 9 §29-3D-9. Disposition of fees.
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 chapter.

Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§29 - 3 - 11 - (Amended Code)
SENATE BILL - 325
PASSED - Regular Session

SB325 ENR  (Uploaded - 03/25/2014)
Providing State Fire Marshal serve at will and pleasure of Fire Commission
§29 - 18 - 4 A - (New Code)
HOUSE BILL - 2606
PASSED - Regular Session

HB2606 SUB ENR  (Uploaded - 03/25/2014)
Permitting the State Rail Authority to set the salary of the executive director
§29 - 4 - 3 - (Repealed Code)
§29 - 4 - 4 - (Repealed Code)
§29 - 4 - 5 - (Repealed Code)
§29 - 4 - 6 - (Repealed Code)
§29 - 4 - 7 - (Repealed Code)
§29 - 4 - 8 - (Repealed Code)
§29 - 4 - 12 - (Repealed Code)
§29 - 4 - 13 - (Repealed Code)
§29 - 4 - 14 - (Repealed Code)
§29 - 4 - 15 - (Repealed Code)
§29 - 4 - 16 - (Repealed Code)
HOUSE BILL - 4012
PASSED - Regular Session

HB4012 SUB ENR  (Uploaded - 03/25/2014)
Relating to the Revised Uniform Law on Notarial Acts
§29 - 3 - 12 B - (Amended Code)
§29 - 3 D- 1 - (Amended Code)
§29 - 3 D- 2 - (Amended Code)
§29 - 3 D- 3 - (Amended Code)
§29 - 3 D- 4 - (Amended Code)
§29 - 3 D- 5 - (Amended Code)
§29 - 3 D- 6 - (Amended Code)
§29 - 3 D- 7 - (Amended Code)
§29 - 3 D- 8 - (Amended Code)
HOUSE BILL - 4392
PASSED - Regular Session

HB4392 SUB ENR  (Uploaded - 03/25/2014)
Regulating persons who perform work on heating, ventilating and cooling systems and fire dampers
§29 - 22 - 30 - (New Code)
HOUSE BILL - 4421
PASSED - Regular Session

hb4421 ENR  (Uploaded - 03/25/2014)
Allowing the lottery to pay prizes utilizing other payment methods in addition to checks
§29 - 22 - 18 D - (Amended Code)
§29 - 22 A- 10 D - (New Code)
§29 - 22 A- 10 E - (New Code)
§29 - 22 A- 10 F - (New Code)
§29 - 22 C- 27 A - (New Code)
§29 - 25 - 22 B - (New Code)
HOUSE BILL - 101
PASSED - 1st Special Session

hb101 ENR  (Uploaded - 03/25/2014)
Relating to the transfer of certain revenues derived from lottery activities
§29 - 22 - 18 E - (Amended Code)
§29 - 22 - 18 F - (New Code)
HOUSE BILL - 106
PASSED - 1st Special Session

hb106 ENR  (Uploaded - 03/25/2014)
Relating to debt service on bonds secured by the State Excess Lottery Revenue Fund
Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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