West Virginia Code 29-3E-4 – Sparkling devices and novelties registration required
(a) A person may not sell sparkling devices or novelties without being registered with the State Fire Marshal.
Terms Used In West Virginia Code 29-3E-4
- Fire Marshal: means the State Fire Marshal. See West Virginia Code 29-3E-2
- Novelties: means that term as defined under APA standard 87-1, section 3. See West Virginia Code 29-3E-2
- Person: means an individual or the responsible person for an association, an organization, a partnership, a limited partnership, a limited liability company, a corporation or any other group or combination acting as a unit. See West Virginia Code 29-3E-2
- Sparkling devices: means "ground or handheld sparkling devices" as that phrase is defined under APA 87-1, sections 3. See West Virginia Code 29-3E-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
(b) To be registered with the State Fire Marshal, the person shall:
(1) Submit an application to the State Fire Marshal;
(2) Provide a copy of his or her current business registration certificate or his or her certificate to sell sparklers and novelties issued by the State Tax Commissioner;
(3) Pay the required fee; and
(4) Provide other information as the State Fire Marshal may require by legislative rule.
(c) A registration is valid for the calendar year or any fraction thereof and expires on December 31 of each year.
(d) A registration is not transferable.
(e) A person shall post the registration in a conspicuous place at the location of the business.
(f) A separate registration is required for each location.
(g) The fee required in subdivision (3), subsection (b) of this section shall be $15.00 per retail location.
(h) The fee assessed by this section shall be retained by the State Fire Marshal and expended to offset costs incurred in performing the duties imposed by the provisions of this code.