West Virginia Code 29-3D-4 – Rule-making authority
The State Fire Marshal shall propose rules for legislative approval, in accordance with the provisions of § 29A-3-1 et seq. of this code, for the implementation and enforcement of the provisions of this article, which shall provide:
Terms Used In West Virginia Code 29-3D-4
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Damper: means a fire damper, smoke damper, or combination fire/smoke damper. See West Virginia Code 29-3D-2
- Damper work: means to install, test, maintain, or repair a damper. See West Virginia Code 29-3D-2
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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. See West Virginia Code 29-3D-2
- License: means a valid and current license issued by the State Fire Marshal in accordance with the provisions of this article. See West Virginia Code 29-3D-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Standards and procedures for issuing and renewing licenses, including classifications of licenses as defined in this article, applications, examinations, and qualifications: Provided, That the rules shall require a person to be licensed as a HVAC technician pursuant to § 21-16-1 et seq. of this code and the rules promulgated pursuant thereto, before performing damper work pursuant to this article;
(2) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform fire protection work at the level of the classifications defined in this article and who apply for licensure on or before July 1, 2009: 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) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform damper work at the level of the classifications defined in this article and who apply for licensure on or before July 1, 2016: 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;
(4) Reciprocity provisions;
(5) Procedures for investigating complaints and revoking or suspending licenses, including appeal procedures;
(6) Fees for testing, issuance and renewal of licenses, and other costs necessary to administer the provisions of this article;
(7) Enforcement procedures; and
(8) Any other rules necessary to effectuate the purposes of this article.