West Virginia Code 29-3D-7 – Penalties
(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.
Terms Used In West Virginia Code 29-3D-7
- 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.
- 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
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- 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
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- 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
(b) Any person continuing to engage in fire protection work after the issuance of a citation is subject to the following penalties:
(1) For the first offense, a fine of not less than $200 nor more than $1,000;
(2) For the second offense, a fine of not less than $500 nor more than $2,000; and
(3) For the third and subsequent offenses, a fine of not less than $1,000 nor more than $5,000.
(c) Each day after a citation is given that a person continues to perform, or an employer continues to authorize a person to perform, fire protection work, which is not exempt by the provisions of § 29-3D-3 of this code, is a separate offense and punishable accordingly.
(d)(1) The State Fire Marshal may institute proceedings in the circuit court of Kanawha County or 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.
(2) 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.
(3) 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 29A of this code.