West Virginia Code 29-3E-8 – State Fire Marshal’s Rule-making Authority
The State Fire Marshal may promulgate emergency rules and shall propose legislative rules for promulgation, in accordance with § 29A-3-1 et seq. of this code, to implement this article, including:
Terms Used In West Virginia Code 29-3E-8
- Fire Marshal: means the State Fire Marshal. See West Virginia Code 29-3E-2
- fireworks: means any composition or device designed for the purpose of producing a visible or audible effect by combustion, deflagration or detonation. See West Virginia Code 29-3E-2
- Retailer: means a person who purchases consumer fireworks for resale to consumers. 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
(1) Adopting by reference the most recent edition of APA Standard 87-1;
(2) Adopting by reference the most recent edition of NFPA 1123, Code for Fireworks Display;
(3) Adopting by reference NFPA 1124, code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles;
(4) Adopting by reference the most recent edition of NFPA 1126, standard for the use of pyrotechnics before a proximate audience;
(5) Procedures for the issuance and renewal of a registration, certificate and permit;
(6) A fee schedule;
(7) Establishing insurance or bond requirements;
(8) Establishing additional criteria for the granting of a registration, certificate, or permit under this article;
(9) Registration of manufacturers, wholesalers and distributors; and
(10) Establishing a procedure that allows a retailer to combine and pay all applicable fees in a single payment.