Terms Used In West Virginia Code > Chapter 5 > Article 1E - Healthy West Virginia Program

• ACCT: means the Association for Challenge Course Technology. See West Virginia Code 21-15-2
• Bungee jumping: means a commercial recreational activity where participants jump off a platform or other area, whether natural or man-made with a cord or other elastic device attached or otherwise affixed or connected to the jumper in order to prevent the jumper from striking the ground or earth below the jump platform, and which activity is engaged in for the purpose of giving the jumpers amusement, pleasure, thrills or excitement. See West Virginia Code 21-12-2
• Canopy tours: means a facility not located in an amusement park or carnival which is a supervised or guided educational or recreational activity including, but not limited to, beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers and ziplines, which may be installed on or in trees, poles, portable structures or buildings, or be part of self-supporting structures. See West Virginia Code 21-15-2
• Challenge course standards: means the Challenge Course Standards: Association for Challenge Course Technology, Seventh Edition (2008), or substantially equivalent standards. See West Virginia Code 21-15-2
• Commissioner: means the labor commissioner or his designated agent. See West Virginia Code 21-3A-2
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Convenience food store: means a business establishment that:

  (A) Derives fifty percent or more of its gross income from the sale of goods, merchandise or other articles of value in their original containers or gasoline and other petroleum products with gross annual sales of $1 million or more. See West Virginia Code 21-13-2

• Cooling system: means a system in which heat is removed from air, surrounding surfaces, or both, and includes an air-conditioning system. See West Virginia Code 21-16-2
• Division: means the West Virginia Division of Labor. See West Virginia Code 21-15-2
• Employee: means any public employee of the state, or any state agency. See West Virginia Code 21-3A-2
• Employee: means any person permitted to work by a person, corporation, partnership, joint venture or group enterprise legally responsible for the operation of the convenience food store. See West Virginia Code 21-13-2
• Employee: means an officer, agent, employee, servant, or volunteer, whether compensated or not, whether full time or not, who is authorized to act and is acting within the scope of his or her employment or duties with the zipline operator. See West Virginia Code 21-15-2
• Heating system: means a system in which heat is transmitted by radiation, conduction, or convection, or a combination of any of these methods, to the air, surrounding surfaces, or both, and includes a forced air system that uses air being moved by mechanical means to transmit heat, but does not include a fireplace or wood-burning stove not incorporated into or used as a primary heating system. See West Virginia Code 21-16-2
• HVAC residential technician license: means a valid and current license issued by the Commissioner of Labor in accordance with the provisions of this article to perform work as an HVAC residential technician. See West Virginia Code 21-16-2
• HVAC technician in training: means a person with less than 2,000 hours of HVAC-related work, training, and experience: Provided, That the fee for an HVAC technician in training license may not be higher than $25. See West Virginia Code 21-16-2
• Journeyman plumber: means a person qualified by passage of a journeyman plumber written examination with a score of at least 70 percent and who is competent to instruct and supervise the work of a plumber in training. See West Virginia Code 21-14-2
• License: means a valid and current license issued by the Commissioner of Labor in accordance with the provisions of this article. See West Virginia Code 21-14-2
• Master plumber: means a person who has passed a master plumber written examination with a score of at least 70 percent and who is competent to design plumbing systems, and to instruct and supervise the plumbing work of journeyman plumbers, and plumbers in training: Provided, That the master plumber written examination may not be taken until one year after passage of the journeyman plumber examination. See West Virginia Code 21-14-2
• Operator: means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any zipline or canopy tour. See West Virginia Code 21-15-2
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means the person, corporation, partnership, joint venture or other group enterprise having an ownership or proprietary interest in a convenience food store. See West Virginia Code 21-13-2
• Participant: means any person who engages in activities on a zipline or canopy tour individually or in a group activity supervised by a zipline or canopy tour operator. See West Virginia Code 21-15-2
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means one or more individuals. See West Virginia Code 21-3A-2
• Plumber in training: means a person who has not passed the journeyman plumber examination: Provided, That the fee for plumbers in training may not be higher than $25. See West Virginia Code 21-14-2
• Plumbing: means the practice, materials, and fixtures utilized within a building in the installation, extension, and alteration of all piping, fixtures, water treatment devices, plumbing appliances, and appurtenances, in connection with sanitary drainage or storm drainage facilities. See West Virginia Code 21-14-2
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Routine maintenance: means work performed on a routine schedule that includes cleaning and/or replacing filters, greasing or lubricating motor bearings, adjusting and/or replacing belts, checking system temperature, checking gas temperature, adjusting gas pressure as required, and checking voltage and amperage draw on heating, ventilating, and cooling systems. See West Virginia Code 21-16-2
• Single family dwelling: means a building which is occupied as, or designed or intended for occupancy as, a single residence for one or more persons. See West Virginia Code 21-14-2
• Single family dwelling: means a building that is occupied as, or designed or intended for occupancy as, a single residence for one or more persons. See West Virginia Code 21-16-2
• Special inspector: means a professional inspector who meets the qualifications set forth in ACCT or substantially equivalent standards and is certified by the division pursuant to section eight. See West Virginia Code 21-15-2
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Zipline: means a commercial recreational activity where participants, by the use of a permanent cable or rope line suspended between support structures, enables a participant attached to a pulley to traverse from one point to another, for the purpose of giving the participants amusement, pleasure, thrills or excitement. See West Virginia Code 21-15-2