West Virginia Contractor Licensing Law
West Virginia Code · 26 sections
The following is the full text of West Virginia’s contractor licensing law statutes as published in the West Virginia Code. For the official version, see the West Virginia Legislature.
W. Va. Code § 16B-15
West Virginia Code | §16B-15
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 16B. INSPECTOR GENERAL.
Article 14
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Article 16
ARTICLE 15. WEST VIRGINIA CLEARANCE FOR ACCESS: REGISTRY AND EMPLOYMENT SCREENING ACT.
§16B-15-1. Definitions.
§16B-15-2. Background check program for the department, covered providers, and covered contractors.
§16B-15-3. Prescreening and criminal background checks.
§16B-15-4. Notice of ineligibility; prohibited participation as direct access personnel or department employee.
§16B-15-5. Variance; appeals.
§16B-15-6. Provisional employment pending completion of background check.
§16B-15-7. Clearance for subsequent employment.
§16B-15-8. Fees.
§16B-15-9. Rules; penalties; confidentiality; immunity.
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W. Va. Code § 16B-18
West Virginia Code | §16B-18
Sunday, April 5, 2026
YouTube
West Virginia Code
Menu
Primary menu
WV Legislature Home Page
Enrolled Bills
Search
Search for:
CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 16B. INSPECTOR GENERAL.
Article 17
All Articles
Article 19
ARTICLE 18. WEST VIRGINIA FAIR HOUSING ACT.
§16B-18-1. Short title.
§16B-18-2. Declaration of policy.
§16B-18-3. Definitions.
§16B-18-3a. Volunteer services or materials to build or install basic universal design features; workers, contractors, engineers, and architects; immunity from civil liability.
§16B-18-4. Application of article.
§16B-18-5. Discrimination in sale or rental of housing and other prohibited practices.
§16B-18-6. Discrimination in residential real estate-related transactions.
§16B-18-7. Discrimination in provision of brokerage services.
§16B-18-8. Religious organization or private club exemption.
§16B-18-9. Administration; authority and responsibility; delegation of authority; appointment of administrative law judges; location of conciliation meetings; administrative review; cooperation of the commission and executive departments and agencies to further fair housing purposes; functions of the commission.
§16B-18-10. Education and conciliation; conferences and consultations; reports.
§16B-18-11. Administrative enforcement; preliminary matters; complaints and answers; service; conciliation; injunctions; reasonable cause determinations; issuance of charge.
§16B-18-12. Subpoenas; giving of evidence; witness fees; enforcement of subpoenas.
§16B-18-13. Election of remedies; administrative hearings and discovery; exclusivity of remedies; final orders; review by commission; judicial review; remedies; attorney fees.
§16B-18-14. Enforcement by private persons; civil actions; appointed attorneys; remedies; bona fide purchasers; intervention by Attorney General.
16B-18-15. Enforcement by Attorney General; pattern or practice cases; subpoena enforcement; remedies; intervention.
§16B-18-16. Interference, coercion, or intimidation; enforcement by civil action.
§16B-18-17. Cooperation with local agencies administering fairhousing laws; utilization of services and personnel; reimbursement; written agreements; publication instate register.
§16B-18-18. Effect on other laws.
§16B-18-19. Severability of provisions.
§16B-18-20. Rules to implement article.
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W. Va. Code § 21-3C-1
§21-3C-1. Definitions.
(1) "Accessibility equipment" means lifting devices designated to remove access barriers in public buildings and private residences for persons with physical challenges, including residential elevators, limited use/limited application elevators, vertical platforms, inclined platform lifts and stairway chairlifts.
(2) "Certificate of acceptance" means a certificate issued by the Division of Labor certifying that a newly installed elevator has been inspected and was found to be installed in compliance with the safety standards set forth in the American Society of Mechanical Engineers Safety Code for Elevators and Escalators (ASME) A17.1-3, "Safety Code for Elevators" and ASME A18.1, "Safety Code for Platform Lifts and Stairway Chairlifts."
(3) "Certificate of competency" means a certificate issued by the Division of Labor certifying that an individual is qualified to inspect elevators.
(4) "Certificate of operation" means a certificate issued by the Division of Labor certifying that an elevator has been inspected and is safe for operation.
(5) "Commissioner" means the Commissioner of the Division of Labor.
(6) "Division" means the Division of Labor.
(7) "Division inspector" means an employee or contractor of the division who has been examined and issued a certificate of competency and who only inspects elevators in state owned buildings.
(8) "Elevator" means all the machinery, construction, apparatus and equipment used in raising and lowering a car, cage or platform vertically between permanent rails or guides and includes all elevators, power dumbwaiters, escalators, gravity elevators and other lifting or lowering apparatus permanently installed between rails or guides, but does not include hand operated dumbwaiters, platform lifts for loading docks, manlifts of the platform type with a platform area not exceeding nine hundred square inches, construction hoists or other similar temporary lifting or lowering apparatus.
(9) "Elevator apprentice" means a person who meets the requirements set forth in legislative rule promulgated pursuant to this article.
(10) "Elevator mechanic" means a person who possesses an elevator mechanic's license in accordance with the provisions of this article and who is engaged in the business of erecting, constructing, installing, altering, servicing, repairing or maintaining elevators or related conveyances covered by this article.
(11) "Freight elevator" means an elevator used for carrying freight and on which only the operator, by the permission of the employer, is allowed to ride.
(12) "Inspector" means both a division inspector and a private inspector.
(13) "License" means a license issued to an elevator mechanic, accessibility technician or limited technician pursuant to this article.
(14) "Private residence elevator" means a passenger elevator of which use is limited by size, capacity, rise and speed, and access is limited by its location, by the requirement of a key for its operation or by other restriction.
(15) "Passenger elevator" means an elevator that is designed to carry persons to its contract capacity.
(16) "Limited Use/Limited Application elevator" means a power elevator in which the use and application is limited by size, capacity, speed and rise.
(17) "Private inspector" means a person who has been examined and issued a certificate of competency to inspect elevators within this state.
Previous§21-3B-4. Procedures. §21-3C-1. Definitions. Next§21-3C-2. Inspectors; application; certificates of competency.
W. Va. Code § 21-3C-10
§21-3C-10. Enforcement; notice of defective machinery.
If during an inspection the division or the inspector finds that a passenger elevator or a part thereof cannot be operated safely, the division or the inspector shall contact the owner or operator in writing stating the deficiencies and recommend changes or alterations and shall post a notice upon such elevator prohibiting further use of the elevator. The notice shall be in effect until the changes or alterations set forth in the notice have been made. The notice shall contain a statement that operators or passengers are subject to injury by its continued use, a description of the alteration or other change necessary to be made in order to secure its safe operation, date of such notice, and the name and signature of the inspector issuing the notice.
If any inspector finds a passenger elevator to be so unsafe that it represents imminent danger of death or physical injury, that unit shall be sealed out of service and a hazard notice as prescribed by the division posted thereon. The division shall be notified immediately as to the location and condition of the unit.
Any passenger elevator, once sealed, may not be operated except for the purpose of making repairs and in such a manner as prescribed by the division until all defects are corrected and the unit has been inspected and deemed safe by the division. The division shall promulgate legislative rules, as authorized by this article, to develop procedures for sealing and barricading an elevator once it has been declared inoperable.
No seal, notice or barricade placed on or around an elevator in accordance with the provisions of this article may be removed, obstructed or in any way altered without the written consent of the division.
Previous§21-3C-9. Permits for removal or repairs. §21-3C-10. Enforcement; notice of defective machinery. Next§21-3C-10a. License requirements for elevator mechanics, accessibility technicians, limited technicians; contractors license requirements; supervision of elevator apprentices requirements.
W. Va. Code § 21-3C-10A
§21-3C-10a. License requirements for elevator mechanics, accessibility technicians, limited technicians; contractors license requirements; supervision of elevator apprentices requirements.
(a) A person may not engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining elevators or related conveyances covered by this article in this state, unless he or she has a license issued by the commissioner in accordance with this article.
(b) A person licensed under this article shall:
(1) Have in his or her possession a copy of the license issued pursuant to this article on any job on which he or she is performing elevator mechanic work; and
(2) Be, or be employed by, a contractor licensed pursuant to the provisions of §30-42-1 et seq., of this code unless the work is performed by a historic resort hotel’s regular employees, for which the employees are paid regular wages and not a contract price, on property owned or leased by the historic resort hotel which is not intended for speculative sale or lease;
(c) Elevator mechanic license. —
(1) To obtain an elevator mechanic’s license, a person shall:
(A) Successfully complete educational programs that are registered with the Bureau of Apprenticeship and Training of the United States Department of Labor, including all required examinations and work experience: Provided, That if an applicant successfully completes such educational program prior to being registered with the Bureau of Apprenticeship and Training of the United States Department of Labor, the division may grant a license to the applicant after he or she demonstrates to the commissioner that he or she has successfully completed all the test and work experience requirements; or
(B) (i) Provide to the commissioner an acceptable combination of documented experience and educational credits of not less than four years of recent and active experience in the elevator industry in construction, maintenance, or service/repair or any combination thereof, as verified by current and previous employers listed to do business in this state, on a sworn affidavit; and
(ii) Obtain a score of 70 percent or better on a written competency examination approved or provided by the division.
(2) A licensed elevator mechanic may work on all elevators covered by this article.
(d) Accessibility technician license. —
(1) To obtain an accessibility technician’s license a person shall:
(A) Provide to the commissioner a certificate of completion of an accessibility training program for the elevator industry such as the Certified Accessibility Training (CAT) program by the National Association of Elevator Contractors, or an equivalent nationally recognized training program; or
(B) (i) Have at least 18 months experience in the construction, maintenance, service and repair, or any combination thereof, as verified by current and previous employers, licensed to do business in this state, on a sworn affidavit, of accessibility lifts;
(ii) Have at least one year of documented vocational training and/or an associate degree in a related field; and
(iii) Obtain a score of 70 percent or better on a written competency examination approved or provided by the commissioner.
(2) A person holding an accessibility technician license may only perform work on accessibility equipment.
(3) A person holding an accessibility technician license may obtain a limited use/limited application (LULA) elevator endorsement. To obtain the LULA elevator endorsement, such person shall:
(A) (i) Hold a current accessibility technician license;
(ii) Provide the commissioner with a certificate of LULA manufacturer’s training; and
(iii) Provide at least one year of documented work experience to the commissioner, on a sworn affidavit, in the construction, maintenance, service and repair of LULA elevators and comparable equipment, which was completed under the supervision of a licensed accessibility technician; or
(B) As of July 1, 2012, have at least 18 months of accessibility technician’s experience in construction, maintenance, service and repair, or any combination thereof, as verified by current and previous employers, licensed to do business in this state, on a sworn affidavit: Provided, That an additional one year of documented work as an accessibility technician with certification of manufacturer’s factory training, is required before a LULA endorsement may be obtained.
(4) Any person carrying an accessibility license as of July 1, 2012, shall receive the required endorsement to continue to work on this type of equipment, and will be qualified to supervise future applicants as described in this section.
(e) Limited technician license. —
(1) To obtain a limited technician’s license an applicant shall:
(A) Complete a certified apprenticeship program, registered by the United States Department of Labor established at a historic resort hotel, qualifying for a limited technician license; or
(B) Provide an acceptable combination of documented experience, and educational credits of not less than three years of recent and active experience in the elevator industry, in maintenance, or service/repair or any combination thereof, as verified by current and previous employers authorized to do business in this state, on a sworn affidavit; and obtain a score of 70 percent or better on a written competency examination approved or provided by the division.
(2) A person holding a limited technician license may only perform work at a historic resort hotel: Provided, That for purposes of this section, “historic resort hotel” has the same meaning ascribed to it in §29-25-2 of this code.
(f) Elevator apprentice. —
(1) An elevator apprentice who is enrolled in an apprenticeship program approved by the commissioner, and who is in good standing in the program, may work under the supervision of a licensed elevator mechanic, as follows:
(A) An apprentice who has not successfully completed the equivalent of at least one year of the program may work only under the direct supervision of a licensed elevator mechanic who is present on the premises and available to the apprentice at all times.
(B) An apprentice who has successfully completed the equivalent of at least one year of the program may:
(i) Work under the direct supervision of a licensed elevator mechanic as set forth in subdivision (1) of this subsection; and
(ii) Perform the tasks set forth in this paragraph, only if delegated by and performed under the general supervision of a licensed elevator mechanic, who must, at a minimum, meet the apprentice on the job at the beginning of each day to delegate the specific tasks, and who remains responsible for the delegated tasks:
(I) Oiling, cleaning, greasing and painting;
(II) Replacing of combplate teeth;
(III) Relamping and fixture maintenance;
(IV) Inspection, cleaning and lubricating of hoistway doors, car tops, bottoms and pits; and
(V) Observing operation of equipment.
Previous§21-3C-10. Enforcement; notice of defective machinery. §21-3C-10a. License requirements for elevator mechanics, accessibility technicians, limited technicians; contractors license requirements; supervision of elevator apprentices requirements. Next§21-3C-10b. Issuance and renewal of licenses.
W. Va. Code § 21-3C-10B
§21-3C-10b. Issuance and renewal of licenses.
(a) Upon approval of a properly completed application for licensure, the commissioner may issue a person a license under the provisions of this article.
(b) The licenses issued under the provisions of this article shall be renewed biennially upon application for renewal on a form prescribed by the commissioner and payment of a fee established by legislative rule.
(c) Upon a proper application for renewal, the commissioner shall renew a license, even if the license holder is unemployed or not working in the industry at the time of renewal: Provided, That before the license holder may engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator or related conveyance covered by this article, the license holder shall be a contractor, or be employed by a contractor licensed pursuant to the provisions of §30-42-1 et seq., of this code.
Previous§21-3C-10a. License requirements for elevator mechanics, accessibility technicians, limited technicians; contractors license requirements; supervision of elevator apprentices requirements. §21-3C-10b. Issuance and renewal of licenses. Next§21-3C-11. Disposition of fees; legislative rules.
W. Va. Code § 21-3C-11
§21-3C-11. Disposition of fees; legislative rules.
(a) The division shall propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code, for the implementation and enforcement of the provisions of this article, which shall provide:
(1) Standards, qualifications, and procedures for submitting applications, taking examinations and issuing and renewing licenses, certificates of competency and certificates of operation of the three licensure classifications set forth in §21-3C-10a of this code;
(2) For the renewal of a license, even if the licensee is unemployed or not working in the industry: Provided, That to engage or offer to engage in the business of erecting, constructing, installing, altering, servicing, repairing, or maintaining an elevator or related conveyance covered by this article, the licensee shall be a contractor, or be employed by a contractor licensed pursuant to §30-42-1 et seq., of this code;
(3) Qualifications and supervision requirements for elevator apprentices;
(4) Provisions for the granting of licenses without examination, to applicants who present satisfactory evidence of having the expertise required to perform work as defined in this article and who apply for licensure on or before July 1, 2010: Provided, That if a license issued under the authority of this subsection subsequently lapses, the applicant may, at the discretion of the commissioner, be subject to all licensure requirements, including the examination;
(5) Provisions for the granting of emergency licenses in the event of an emergency due to disaster, act of God, or work stoppage when the number of persons in the state holding licenses issued pursuant to this article is insufficient to cope with the emergency;
(6) Provisions for the granting of temporary licenses in the event that there are no elevator mechanics available to engage in the work of an elevator mechanic as defined by this article;
(7) Continuing education requirements;
(8) Procedures for investigating complaints and revoking or suspending licenses, certificates of competency and certificates of operation, including appeal procedures;
(9) Fees for testing, issuance and renewal of licenses, certificates of competency and certificates of operation, and other costs necessary to administer the provisions of this article;
(10) Enforcement procedures; and
(11) Any other rules necessary to effectuate the purposes of this article.
(b) The rules proposed for promulgation pursuant to subsection (a) of this section shall establish the amount of any fee authorized pursuant to the provisions of this article: Provided, That in no event may the fees established for the issuance of certificates of operation exceed $90.
(c) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account hereby created in the State Treasury known as the Elevator Safety Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.
(d) The division may enter into agreements with counties and municipalities whereby such counties and municipalities be permitted to retain the inspection fees collected to support the enforcement activities at the local level.
(e) The commissioner or his or her authorized representatives may consult with engineering authorities and organizations concerned with standard safety codes, rules and regulations governing the operation, maintenance, servicing, construction, alteration, installation and the qualifications which are adequate, reasonable and necessary for the elevator mechanic and inspector.
Previous§21-3C-10b. Issuance and renewal of licenses. §21-3C-11. Disposition of fees; legislative rules. Next§21-3C-12. Penalties.
W. Va. Code § 30-40-5
§30-40-5. Scope of practice; exceptions.
(a) The practice of real estate brokerage includes acting in the capacity of a broker, associate broker, or salesperson as defined in §30-40-4 of this code.
(b) The practice of real estate brokerage does not include the activities normally performed by an appraiser, mortgage company, lawyer, engineer, contractor, surveyor, home inspector, or other professional who may perform an ancillary service in conjunction with a real estate transaction.
(c) The provisions of this article do not apply to:
(1) Any person acting on his or her own behalf as owner or lessor of real estate.
(2) The regular employees of an owner of real estate, who perform any acts regulated by this article, where the acts are incidental to the management of the real estate: Provided, That the employee does not receive additional compensation for the act and does not perform the act as a vocation.
(3) Attorneys-at-law: Provided, That attorneys-at-law shall be required to submit to the written examination required under §30-40-12 of this code in order to qualify for a broker’s license: Provided, however, That an attorney-at-law who is licensed as a real estate broker prior to July 1, 1980, is exempt from the written examination required under §30-40-12 of this code.
(4) Any person holding, in good faith, a valid power of attorney from the owner or lessor of the real estate.
(5) Any person acting as a receiver, trustee, administrator, executor, guardian, conservator, or under the order of any court or under the authority of a deed of trust or will.
(6) A public officer while performing his or her official duties.
(7) Any person acquiring or disposing of any interest in timber or minerals, or acquiring or disposing of properties for easements and rights of way.
(8) Any person employed exclusively to act as the management or rental agent for the real estate of one person or entity.
(9) Any person properly licensed pursuant to the provisions of §19-2C-1 et seq. of this code when conducting an auction, any portion of which contains any leasehold or estate in real estate, only when the person so licensed is retained to conduct an auction by:
(A) A receiver or trustee in bankruptcy;
(B) A fiduciary acting under the authority of a deed of trust or will; or
(C) A fiduciary of a decedent’s estate.
(10) Any person employed by a broker in a noncommissioned secretarial or clerical capacity who may in the normal course of employment, be required to:
(A) Disseminate brokerage preprinted and predetermined real estate sales and rental information;
(B) Accept and process rental reservations or bookings for a period not to exceed 30 consecutive days in a manner and procedure predetermined by the broker;
(C) Collect predetermined rental fees for the rentals which are to be promptly tendered to the broker;
(D) Make appointments on behalf of the broker or licensed salesperson with buyers and sellers of real estate and potential buyers and sellers of real estate; or
(E) Any combination thereof.
Previous§30-40-4. Definitions. §30-40-5. Scope of practice; exceptions. Next§30-40-6. Commission created; membership; appointment and removal of members; qualifications; terms; organization.
W. Va. Code § 30-42-10
§30-42-10. Prerequisites to obtaining building permit; mandatory written contracts.
(a) Any person making application to the building inspector or other authority of any incorporated municipality or other political subdivision in this state charged with the duty of issuing building or other permits for the construction of any building, highway, sewer, or structure, or for any removal of materials or earth, grading or improvement shall, before issuance of the permit, either furnish satisfactory proof to the inspector or authority that the person is duly licensed under the provisions of this article to carry out or superintend the construction, or file a written affidavit that the person is not subject to licensure as a contractor or subcontractor as defined in this article. The inspector or authority may not issue a building permit to any person who does not possess a valid contractor’s license when required by this article.
(b) No person licensed under the provisions of this article may perform contracting work of an aggregate value of $10,000 or more, including materials and labor, without a written contract, setting forth a description and cost of the work to be performed, signed by the licensee and the person for whom the work is to be performed.
(c) The board shall file a procedural rule setting forth a standard contract form which meets the minimum requirements of this subsection for use by licensees. The board shall post the contract form on its website and shall assist licensees in the correct completion of the form. The board shall mail a written notice of the requirements imposed by the rule to each licensed contractor at the address provided to the board by the contractor on his or her last application for licensure or renewal.
Previous§30-42-9. Unlawful use, assignment, transfer of license; revocation. §30-42-10. Prerequisites to obtaining building permit; mandatory written contracts. Next§30-42-11. Informational list for basic universal design features.
W. Va. Code § 30-42-11
§30-42-11. Informational list for basic universal design features.
(a) Ninety days after the Contractor Licensing Board certifies and makes available to the general public the standard form informational list of basic universal design features pursuant to this section, a licensed contractor of any proposed residential housing in the state shall provide to the buyer an informational list of basic universal design features that would make the home entrance, interior routes of travel, the kitchen, and the bathroom or bathrooms universally accessible. Basic universal design features are to include, but not be limited to, the following:
(1) At least one nonstep entrance into the dwelling;
(2) All doors on the entry-level floor, including bathrooms, have a minimum of 36 inches;
(3) At least one accessible bathroom on the entry-level floor with ample maneuvering space;
(4) Kitchen, general living space, and one room capable of conversion into a bedroom, all with ample maneuvering space, on the entry-level floor; and
(5) Any other external or internal feature requested at a reasonable time by the buyer and agreed to by the seller.
(b) If a buyer is interested in a specific informational feature on the list established by subsection (a) of this section, the seller or builder upon request of the buyer shall indicate whether the feature is standard, limited, optional, or not available and, if available, shall further indicate the cost of such a feature to the buyer.
(c) The standard form informational list of basic universal design features shall be certified and made available for reproduction by the board, in accordance with the provisions of subsection (a) of this section, based on mutual recommendation of the board, the American Institute of Architects-West Virginia, the Home Builders Association of West Virginia, and the West Virginia Center for Excellence in Disabilities.
Previous§30-42-10. Prerequisites to obtaining building permit; mandatory written contracts. §30-42-11. Informational list for basic universal design features. Next§30-42-12. Notice included with invitations to bid and specifications.
W. Va. Code § 30-42-12
§30-42-12. Notice included with invitations to bid and specifications.
Any architect or engineer preparing any plan and specification for contracting work to be performed in this state shall include in the plan, specification, and invitation to bid a reference to this article informing any prospective bidder that the person’s contractor’s license number must be included on any bid submission. A subcontractor shall furnish that person’s contractor’s license number to the contractor prior to the award of the contract.
Previous§30-42-11. Informational list for basic universal design features. §30-42-12. Notice included with invitations to bid and specifications. Next§30-42-13. License renewal, lapse, and reinstatement.
W. Va. Code § 30-42-14
§30-42-14. Violation of article; injunction; criminal penalties.
(a)(1) Upon a determination that a person is engaged in contracting business in the state without a valid license, the board shall issue a cease and desist order requiring the person to immediately cease all operations in the state. The order shall be withdrawn upon issuance of a license to that person.
(2) After affording an opportunity for a hearing, the board may impose a penalty of not less than $200 nor more than $1,000 upon any person engaging in contracting business in the state without a valid license. The board may accept payment of the penalty in lieu of a hearing.
(3) Within 30 days after receipt of the final order issued pursuant to this section, any party adversely affected by the order may appeal the order to the circuit court of Kanawha County, West Virginia, or to the circuit court of the county in which the petitioner resides or does business.
(b) Any person continuing to engage in contracting business in the state without a valid license after service of a cease and desist order is guilty of a misdemeanor and, upon conviction, is subject to the following penalties:
(1) For a first offense, a fine of not less than $200 nor more than $1,000;
(2) For a second offense, a fine of not less than $500 nor more than $5,000, or confinement in jail for not more than six months, or both fined and confined;
(3) For a third or subsequent offense, a fine of not less than $1,000 nor more than $5,000, and confinement in jail for not less than 30 days nor more than one year.
(c) The board may institute proceedings in the circuit court of the county in which the alleged violations of the provisions of this article occurred or are now occurring to enjoin any violation of any provision of this article.
(d) Any person who undertakes any construction work without a valid license when a license is required by this article, when the total cost of the contractor’s construction contract on any project upon which the work is undertaken is $25,000 or more, shall, in addition to any other penalty herein provided, be assessed by the board an administrative penalty not to exceed $200 per day for each day the person is in violation.
Previous§30-42-13. License renewal, lapse, and reinstatement. §30-42-14. Violation of article; injunction; criminal penalties. Next§30-42-15. Disciplinary powers of the board.
W. Va. Code § 30-42-15
§30-42-15. Disciplinary powers of the board.
(a) The board may impose the following disciplinary actions:
(1) Permanently revoke a license;
(2) Suspend a license for a specified period;
(3) Censure or reprimand a licensee;
(4) Impose limitations or conditions on the professional practice of a licensee;
(5) Impose requirements for remedial professional education to correct deficiencies in the education, training, and skill of a licensee;
(6) Impose a probationary period requiring a licensee to report regularly to the board on matters related to the grounds for probation; the board may withdraw probationary status if the deficiencies that require the sanction are remedied;
(7) Order a contractor who has been found, after hearing, to have violated any provision of this article or the rules of the board to provide, as a condition of licensure, assurance of financial responsibility. The form of financial assurance may include, but is not limited to, a surety bond, a cash bond, a certificate of deposit, an irrevocable letter of credit, or performance insurance: Provided, That the amount of financial assurance required under this subdivision may not exceed the total of the aggregate amount of the judgments or liens levied against the contractor or the aggregate value of any corrective work ordered by the board or both: Provided, however, That the board may remove this requirement for licensees against whom no complaints have been filed for a period of five continuous years; and
(8) A fine not to exceed $1,000.
(b) No license issued under the provisions of this article may be suspended or revoked without a prior hearing before the board: Provided, That the board may summarily suspend a licensee pending a hearing or pending an appeal after hearing upon a determination that the licensee poses a clear, significant, and immediate danger to the public health and safety.
(c) The board may reinstate the suspended or revoked license of a person if, upon a hearing, the board finds and determines that the person is able to practice with skill and safety.
(d) The board may accept the voluntary surrender of a license: Provided, That the license may not be reissued unless the board determines that the licensee is competent to resume practice and the licensee pays the appropriate renewal fee.
(e) A person or contractor adversely affected by disciplinary action may appeal to the board within 60 days of the date the disciplinary action is taken. The board shall hear the appeal within 30 days from receipt of notice of appeal in accordance with the provisions of Chapter 29A of this code. Hearings shall be held in Charleston. The board may retain a hearing examiner to conduct the hearings and present proposed findings of fact and conclusions of law to the board for its action.
(f) Any party adversely affected by any action of the board may appeal that action in either the circuit court of Kanawha County, West Virginia, or in the circuit court of the county in which the petitioner resides or does business, within 30 days after the date upon which the petitioner received notice of the final order or decision of the board.
(g) The following are causes for disciplinary action:
(1) Abandonment, without legal excuse, of any construction project or operation engaged in or undertaken by the licensee;
(2) Willful failure or refusal to complete a construction project or operation with reasonable diligence, thereby causing material injury to another;
(3) Willful departure from or disregard of plans or specifications in any material respect without the consent of the parties to the contract;
(4) Willful or deliberate violation of the building laws or regulations of the state or of any political subdivision thereof;
(5) Willful or deliberate failure to pay any moneys when due for any materials free from defect, or services rendered in connection with the person’s operations as a contractor when the person has the capacity to pay or when the person has received sufficient funds under the contract as payment for the particular construction work for which the services or materials were rendered or purchased, or the fraudulent denial of any amount with intent to injure, delay, or defraud the person to whom the debt is owed;
(6) Willful or deliberate misrepresentation of a material fact by an applicant or licensee in obtaining a license or in connection with official licensing matters;
(7) Willful or deliberate failure to comply in any material respect with the provisions of this article or the rules of the board;
(8) Willfully or deliberately acting in the capacity of a contractor when not licensed or as a contractor by a person other than the person to whom the license is issued except as an employee of the licensee;
(9) Willfully or deliberately acting with the intent to evade the provisions of this article by: (i) Aiding or abetting an unlicensed person to evade the provisions of this article; (ii) combining or conspiring with an unlicensed person to perform an unauthorized act; (iii) allowing a license to be used by an unlicensed person; or (iv) attempting to assign, transfer, or otherwise dispose of a license or permitting the unauthorized use thereof;
(10) Engaging in any willful, fraudulent, or deceitful act in the capacity as a contractor whereby substantial injury is sustained by another;
(11) Performing work which is not commensurate with a general standard of the specific classification of contractor or which is below a building or construction code adopted by the municipality or county in which the work is performed;
(12) Knowingly employing a person or persons who do not have the legal right to be employed in the United States;
(13) Failing to execute written contracts prior to performing contracting work in accordance with §30-42-10 of this code;
(14) Failing to abide by an order of the board; or
(15) Failing to satisfy a judgment or execution ordered by a magistrate court, circuit court, or arbitration board.
(h) In all disciplinary hearings the board has the burden of proof as to all matters in contention. No disciplinary action may be taken by the board except on the affirmative vote of at least six members thereof. Other than as specifically set out herein, the board has no power or authority to impose or assess damages.
Previous§30-42-14. Violation of article; injunction; criminal penalties. §30-42-15. Disciplinary powers of the board. Next§30-42-16. Rules.
W. Va. Code § 30-42-16
§30-42-16. Rules.
The board may propose rules for legislative approval in accordance with §29A-3-1 et seq. of this code that are necessary to carry out the provisions of this article. The board may disseminate educational or any other material designed to improve performance standards of any contractor group to contractors within the state. The board may adopt, and use, a seal with the words “State Contractor Licensing Board of West Virginia”. Any rule previously authorized under the provisions of §21-11-1 et seq. of this code shall remain in effect until amended, replaced, or repealed by the Legislature.
Previous§30-42-15. Disciplinary powers of the board. §30-42-16. Rules. Next§30-42-17. Record keeping.
W. Va. Code § 30-42-17
§30-42-17. Record keeping.
(a) The board shall keep a record of all actions taken and account for moneys received. All moneys shall be deposited in a special account in the State Treasury to be known as the “West Virginia Contractor Licensing Board Fund”. Expenditures from this fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of §12-3-1 et seq. of this code and upon the fulfillment of the provisions set forth in §5A-2-1 et seq. of this code. Amounts collected which are found from time to time to exceed the funds needed for purposes set forth in this article may be transferred to other accounts or funds and redesignated for other purposes by appropriation of the Legislature.
(b) The board shall maintain at the principal office, open for public inspection during office hours, a complete indexed record of all applications, licenses issued, licenses renewed, and all revocations, cancellations, and suspensions of licenses. Applications shall show the date of application, name, qualifications, place of business, and place of residence of each applicant; and whether the application was approved or refused.
(c)(1) All investigations, complaints, reports, records, proceedings, and other information received by the board and related to complaints made to the board or investigations conducted by the board pursuant to this article, including the identity of the complainant or respondent, are confidential and may not be knowingly and improperly disclosed by any member or former member of the board or staff, except as follows:
(A) Upon a finding that probable cause exists to believe that a respondent has violated the provisions of this article, the complaint and all reports, records, nonprivileged, and nondeliberative materials introduced at any probable cause hearing held pursuant to the complaint are thereafter not confidential: Provided, That confidentiality of the information shall remain in full force and effect until the respondent has been served with a copy of the statement of charges.
(B) Any subsequent hearing held in the matter for the purpose of receiving evidence or the arguments of the parties or their representatives shall be open to the public and all reports, records, and nondeliberative materials introduced into evidence at the subsequent hearing, as well as the board’s orders, are not confidential.
(C) The board may release any information relating to an investigation at any time if the release has been agreed to in writing by the respondent.
(D) The complaint, as well as the identity of the complainant, shall be disclosed to a person named as respondent in any complaint filed immediately upon the respondent’s request.
(E) Where the board is otherwise required by the provisions of this article to disclose the information or to proceed in such a manner that disclosure is necessary and required to fulfill these requirements.
(2) If, in a specific case, the board finds that there is a reasonable likelihood that the dissemination of information or opinion in connection with a pending or imminent proceeding will interfere with a fair hearing or otherwise prejudice the due administration of justice, the board shall order that all or a portion of the information communicated to the board to cause an investigation and all allegations of violations or misconduct contained in a complaint are confidential, and the person providing this information or filing a complaint shall be bound to confidentiality until further order of the board.
(d) If any person violates the provisions of subsection (c) of this section by knowingly and willfully disclosing any information made confidential by this section or by the board, that person is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 nor more than $5,000, or confined in jail not more than one month, or both fined and confined.
Previous§30-42-16. Rules. §30-42-17. Record keeping. Next§30-42-18. Reciprocity.
W. Va. Code § 30-42-18
§30-42-18. Reciprocity.
To the extent that other states which provide for the licensing of contractors provide for similar action, the board may grant licenses of the same or equivalent classification to contractors licensed by other states, without written examination upon satisfactory proof furnished to the board that the qualifications of the applicants are equal to the qualifications of holders of similar licenses in this state, and upon certification to the board as required by §30-42-15(c) of this code, and upon payment of the required fee.
Previous§30-42-17. Record keeping. §30-42-18. Reciprocity. Next§30-42-19. Board authorized to provide training.
W. Va. Code § 30-42-19
§30-42-19. Board authorized to provide training.
(a) The board may enter into work-sharing agreements with state vocational and technical training schools to provide classroom training to students who desire to obtain a West Virginia contractor license. The purpose of the training is limited to instruction applicable to the contractor license examinations required by the board. The terms of the work-sharing agreements shall be determined by the West Virginia Contractor Licensing Board and county boards of education.
(b) For the purposes of this section, the board may expend funds from its special revenue account, known as the West Virginia Contractor Licensing Board Fund, to support this activity.
Previous§30-42-18. Reciprocity. §30-42-19. Board authorized to provide training. Next§30-42-20. Nonapplicability of local ordinances; exclusive license.
W. Va. Code § 30-42-2
§30-42-2. Policy declared.
It is hereby declared to be the policy of the State of West Virginia that all persons desiring to perform contracting work in this state be duly licensed to ensure capable and skilled craftsmanship utilized in construction projects in this state, both public and private; fair bidding practices between competing contractors through uniform compliance with the laws of this state; and protection of the public from unfair, unsafe, and unscrupulous bidding and construction practices.
Previous§30-42-1. Short title. §30-42-2. Policy declared. Next§30-42-3. Definitions.
W. Va. Code § 30-42-20
§30-42-20. Nonapplicability of local ordinances; exclusive license.
After the effective date of this article no municipality, local government, or county may require any additional occupational license or other evidence of competence as a contractor from any person, firm, or corporation who or which holds a valid and current license issued pursuant to this article, as a condition precedent to permission for the performance of contractor work in such municipality, local government jurisdiction, or county.
Previous§30-42-19. Board authorized to provide training. §30-42-20. Nonapplicability of local ordinances; exclusive license. Next§30-43-1. Definitions.
W. Va. Code § 30-42-3
§30-42-3. Definitions.
(a) “Basic universal design” means the design of products and environments to be useable by all people, to the greatest extent possible, without the need for adaptation or specialization.
(b) “Board” means the West Virginia Contractor Licensing Board.
(c) “Cease and desist order” means an order issued by the board pursuant to the provisions of this article.
(d) “Contractor” means a person who in any capacity for compensation, other than as an employee of another, undertakes, offers to undertake, purports to have the capacity to undertake, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building, highway, road, railroad, structure, or excavation associated with a project, development, or improvement, or to do any part thereof, including the erection of scaffolding or other structures or works in connection therewith, where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work.
Contractor includes a construction manager who performs management and counseling services for a construction project for a professional fee.
Contractor does not include:
(1) One who merely furnishes materials or supplies without fabricating or consuming them in the construction project;
(2) A person who personally performs construction work on the site of real property which the person owns or leases whether for commercial or residential purposes;
(3) A person who is licensed or registered as a professional and who functions under the control of any other licensing or regulatory board, whose primary business is real estate sales, appraisal, development, management, and maintenance, who acting in his or her respective professional capacity and any employee of the professional, acting in the course of his or her employment, performs any work which may be considered to be performing contracting work;
(4) A pest control operator licensed under the provisions of §19-16A-7 of this code to engage in the application of pesticides for hire, unless the operator also performs structural repairs exceeding $1,000 on property treated for insect pests;
(5) A corporation, partnership, or sole proprietorship whose primary purpose is to prepare construction plans and specifications used by the contractors defined in this subsection and who employs full-time a registered architect licensed to practice in this state or a registered professional engineer licensed to practice in this state. Employees of the corporation, partnership or sole proprietorship shall also be exempt from the requirements of this article; or
(6) A person who performs landscaping or painting services for commercial or residential customers.
(e) “Electrical contractor” means a person who engages in the business of contracting to install, erect, repair, or alter electrical equipment for the generation, transmission, or utilization of electrical energy.
(f) “General building contractor” means a person whose principal business is in connection with any structures built, being built, or to be built for the support, shelter, and enclosure of persons, animals, chattels, or movable property of any kind, requiring in the construction the use of more than two contractor classifications, or a person who supervises the whole, or any part, of the construction.
(g) “General engineering contractor” means a person whose principal business is in connection with public or private works projects, including, but not limited to, one or more of the following: Irrigation, drainage, and water supply projects; electrical generation projects; swimming pools; flood control; harbors; railroads; highways; tunnels; airports and airways; sewers and sewage disposal systems; bridges; inland waterways; pipelines for transmission of petroleum and other liquid or gaseous substances; refineries; chemical plants and other industrial plants requiring a specialized engineering knowledge and skill; piers and foundations; and structures or work incidental thereto.
(h) “Heating, ventilating and cooling contractor” means a person who engages in the business of contracting to install, erect, repair, service, or alter heating, ventilating and air conditioning equipment or systems to heat, cool, or ventilate residential and commercial structures.
(i) “License” means a license to engage in business in this state as a contractor in one of the classifications set out in this article.
(j) “Multifamily contractor” means a person who is engaged in construction, repair, or improvement of a multifamily residential structure.
(k) “Person” includes an individual, firm, sole proprietorship, partnership, corporation, association, or other entity engaged in the undertaking of construction projects or any combination thereof.
(l) “Piping contractor” means a person whose principal business is the installation of process, power plant, air, oil, gasoline, chemical, or other kinds of piping; and boilers and pressure vessels using joining methods of thread, weld, solvent weld, or mechanical methods.
(m) “Plumbing contractor” means a person whose principal business is the installation, maintenance, extension, and alteration of piping, plumbing fixtures, plumbing appliances and plumbing appurtenances, venting systems and public or private water supply systems within or adjacent to any building or structure; included in this definition is installation of gas piping, chilled water piping in connection with refrigeration processes and comfort cooling, hot water piping in connection with building heating and piping for stand pipes.
(n) “Residential contractor” means a person whose principal business is in connection with construction, repair, or improvement of real property used as, or intended to be used for, residential occupancy.
(o) “Specialty contractor” means a person who engages in specialty contracting services which do not substantially fall within the scope of any contractor classification as set out herein.
(p) “Residential occupancy” means occupancy of a structure for residential purposes for periods greater than 30 consecutive calendar days.
(q) “Residential structure” means a building or structure used or intended to be used for residential occupancy, together with related facilities appurtenant to the premises as an adjunct of residential occupancy, which contains not more than three distinct floors which are above grade in any structural unit regardless of whether the building or structure is designed and constructed for one or more living units. Dormitories, hotels, motels, or other transient lodging units are not residential structures.
(r) “Subcontractor” means a person who performs a portion of a project undertaken by a principal or general contractor or another subcontractor.
Previous§30-42-2. Policy declared. §30-42-3. Definitions. Next§30-42-4. West Virginia Contractor Licensing Board created; members; appointment; terms; vacancies; qualifications; quorum.
W. Va. Code § 30-42-4
§30-42-4. West Virginia Contractor Licensing Board created; members; appointment; terms; vacancies; qualifications; quorum.
(a) The West Virginia Contractor Licensing Board is continued. The board shall consist of 10 members appointed by the Governor by and with the advice and consent of the Senate for terms of four years. The members shall serve until their successors are appointed and have been qualified. Eight of the appointed members shall be owners of businesses engaged in the various contracting industries, with at least one member appointed from each of the following contractor classes: One electrical contractor; one general building contractor; one general engineering contractor; one heating, ventilating and cooling contractor; one multifamily contractor; one piping contractor; one plumbing contractor; and one residential contractor, as defined in §30-42-3 of this code. Two of the appointed members shall be building code officials who are not members of any contracting industry. At least four members of the board shall reside, at the time of their appointment, in each congressional district as existing on January 1, 2023. The Secretary of the Department of Tax and Revenue or his or her designee, and the Commissioner of WorkForce West Virginia or his or her designee shall be ex-officio nonvoting members of the board.
(b) Terms of the members first appointed shall be two members for one year, two members for two years, three members for three years, and three members for four years, as designated by the Governor at the time of appointment. Thereafter, terms shall be for four years. A member who has served all or part of two consecutive terms shall not be subject to reappointment unless four years have elapsed since the member last served. Vacancies shall be filled by appointment by the Governor for the unexpired term of any member whose office is vacant and shall be made within 60 days of the occurrence of the vacancy. A vacancy on the board shall not impair the right of the remaining members to exercise all the powers of the board.
(c) The board shall elect a chair from one of the voting members of the board. The board shall meet at least once annually and at such other times as called by the chair or a majority of the board. Board members shall receive compensation not to exceed the amount paid to members of the Legislature for the interim duties as recommended by the Citizens Legislative Compensation Commission and authorized by law for each day or portion of a day spent attending meetings of the board and shall be reimbursed for all reasonable and necessary expenses incurred incident to his or her duties as a member of the board. A majority of the members appointed shall constitute a quorum of the board.
Previous§30-42-3. Definitions. §30-42-4. West Virginia Contractor Licensing Board created; members; appointment; terms; vacancies; qualifications; quorum. Next§30-42-5. Administrative duties and powers of the board; rules.
W. Va. Code § 30-42-5
§30-42-5. Administrative duties and powers of the board; rules.
(a) The board shall propose rules for legislative approval in accordance with §29A-3-1 et seq., of this code relating to the following:
(1) The minimum qualifications for applicants for examination and license in each of the following specified classes of contractor:
(A) Electrical contractor;
(B) General building contractor;
(C) General engineering contractor;
(D) Heating, ventilating, and cooling contractor;
(E) Multifamily contractor;
(F) Piping contractor;
(G) Plumbing contractor;
(H) Residential contractor; or
(l) Specialty contractor;
(2) The content of examinations for applicants in each class;
(3) Procedures for application, examination, and license renewal, and the manner in which the examination will be conducted;
(4) The continued competency of licensees for purposes of renewal and reinstatement of licenses; and
(5) Procedures for disciplinary action before the board.
(b) The board shall:
(1) Hold at least one examination in each calendar quarter for each specific classification of contractor, designate the time and place of the examinations, and notify applicants thereof;
(2) Investigate alleged violations of this article and legislative rules, orders, and final decisions of the board;
(3) Notify the board members of meeting dates and agenda items at least five days prior to the meetings; and
(4) Take minutes and records of all meetings and proceedings.
(c) The board has all the powers and duties set forth in this article, including:
(1) Maintaining an office and hire, discharge, establish the job requirements and fix the compensation of employees, and contract persons necessary to enforce the provisions of this article;
(2) To sue and be sued in its official name as an agency of this state; and
(3) Conferring with the Attorney General or assistants of the Attorney General in connection with legal matters and questions.
(d) The board shall perform the following administrative duties:
(1) Collect and record all fees;
(2) Maintain records and files;
(3) Issue and receive application forms;
(4) Notify applicants of the results of the board examination;
(5) Arrange space for holding examinations and other proceedings;
(6) Issue licenses and temporary licenses as authorized by this article;
(7) Issue duplicate licenses upon submission of a written request by the licensee attesting to loss of or the failure to receive the original and payment by the licensee of a fee established by regulation adopted by the division;
(8) Notify licensees of renewal dates at least 30 days before the expiration date of their license;
(9) Answer routine inquiries;
(10) Maintain files relating to individual licensees;
(11) Arrange for printing and advertising;
(12) Purchase supplies;
(13) Employ additional help when needed;
(14) Contract with the Division of Labor for, and the Division of Labor shall provide, inspection, enforcement, and investigative services for 24 months after the effective date of this article. After 24 months, the board shall be responsible for providing inspection, enforcement, and investigative services; and
(15) Issue cease and desist orders to persons engaging in contracting within the state without a valid license.
(e) Following successful completion of the examination, and prior to the issuance of the license, the applicant shall certify by affidavit that the applicant:
(1) Is in compliance with the business franchise tax provisions of chapter 11 of this code;
(2) Has registered, and is in compliance, with the workers’ compensation fund and the employment security fund, as required by §23-1-1 et seq., and §21A-1-1 et seq., of this code; and
(3) Is in compliance with the applicable wage bond requirements of §21-5-14 of this code: Provided, That in the case of an out-of-state contractor not doing business in this state and seeking licensure for bidding purposes only, the applicant may be granted a conditional license for bid purposes only.
Previous§30-42-4. West Virginia Contractor Licensing Board created; members; appointment; terms; vacancies; qualifications; quorum. §30-42-5. Administrative duties and powers of the board; rules. Next§30-42-6. Necessity for license; exemptions.
W. Va. Code § 30-42-6
§30-42-6. Necessity for license; exemptions.
(a) No person may engage in this state in any activity as a contractor or submit a bid to perform work as a contractor, as defined in this article, unless that person holds a license issued under the provisions of this article. No firm, partnership, corporation, association, or other entity may engage in contracting in this state unless an officer thereof holds a license issued pursuant to this article.
(b) Any person to whom a license has been issued under this article shall keep the license or a copy thereof posted in a conspicuous position at every construction site where work is being done by the contractor. The contractor’s license number shall be included in all contracting advertisements and all fully executed and binding contracts. Any person violating the provisions of this subsection is subject, after hearing, to a warning, a reprimand, or a fine of not more than $200.
(c) Except as otherwise provided in this code, the following are exempt from licensure:
(1) Work done exclusively by employees of the United States Government, the State of West Virginia, a county, municipality or municipal corporation, and any governmental subdivision or agency thereof;
(2) The sale or installation of a finished product, material or article, or merchandise which is not actually fabricated into and does not become a permanent fixed part of the structure;
(3) Work performed personally by an owner or lessee of real property on property the primary use of which is for agricultural or farming enterprise;
(4) A material supplier who renders advice concerning use of products sold and who does not provide construction or installation services;
(5) Work performed by a public utility company regulated by the West Virginia Public Service Commission and its employees;
(6) Repair work contracted by the owner of the equipment on an emergency basis in order to maintain or restore the operation of the equipment;
(7) Work performed by an employer’s regular employees, for which the employees are paid regular wages and not a contract price, on property owned or leased by the employer which is not intended for speculative sale or lease;
(8) Work personally performed on a structure by the owner or occupant thereof; and
(9) Work performed when the specifications for the work have been developed or approved by engineering personnel employed by the owner of a facility by registered professional engineers licensed pursuant to the laws of this state when the work to be performed because of its specialized nature or process cannot be reasonably or timely contracted for within the general area of the facility.
Previous§30-42-5. Administrative duties and powers of the board; rules. §30-42-6. Necessity for license; exemptions. Next§30-42-7. Application for and issuance of license.
W. Va. Code § 30-42-7
§30-42-7. Application for and issuance of license.
(a) A person desiring to be licensed as a contractor under this article shall submit to the board a written application requesting licensure, providing the applicant’s social security number and such other information as the board may require on forms supplied by the board. The applicant shall pay a license fee not to exceed $150: Provided, That electrical contractors already licensed under §29-3B-4 of this code shall pay no more than $20.
(b) No license may be issued without examination pursuant to this subsection: Provided, That any person issued a contractor’s license by the board pursuant to this subsection may apply to the board for transfer of the license to a new business entity in which the license holder is the principal owner, partner, or corporate officer: Provided, however, That a license holder may hold a license on behalf of only one business entity during a given time period. The board may transfer the license issued pursuant to this subsection to the new business entity without requiring examination of the license holder.
Previous§30-42-6. Necessity for license; exemptions. §30-42-7. Application for and issuance of license. Next§30-42-8. Licenses; expiration date; fees; renewal.
W. Va. Code § 38-2-39
§38-2-39. Public building; bond of contractor; recordation of bond; no lien in such case.
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CHAPTER 1. THE STATE AND ITS SUBDIVISIONS.
CHAPTER 2. COMMON LAW, STATUTES, LEGAL HOLIDAYS, DEFINITIONS AND LEGAL CAPACITY.
CHAPTER 3. ELECTIONS.
CHAPTER 4. THE LEGISLATURE.
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
CHAPTER 5B. ECONOMIC DEVELOPMENT ACT OF 1985.
CHAPTER 5C. BASIC ASSISTANCE FOR INDUSTRY AND TRADE.
CHAPTER 5D. PUBLIC ENERGY AUTHORITY ACT.
CHAPTER 5E. VENTURE CAPITAL COMPANY.
CHAPTER 5F. REORGANIZATION OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT.
CHAPTER 5G. PROCUREMENT OF ARCHITECT-ENGINEER SERVICES BY STATE AND ITS SUBDIVISIONS.
CHAPTER 5H. SURVIVOR BENEFITS.
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.
CHAPTER 6A. EXECUTIVE AND JUDICIAL SUCCESSION.
CHAPTER 6B. PUBLIC OFFICERS AND EMPLOYEES; ETHICS; CONFLICTS OF INTEREST; FINANCIAL DISCLOSURE.
CHAPTER 6C. PUBLIC EMPLOYEES.
CHAPTER 6D. PUBLIC CONTRACTS.
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
CHAPTER 7A. CONSOLIDATED LOCAL GOVERNMENT.
CHAPTER 8. MUNICIPAL CORPORATIONS.
CHAPTER 8A. LAND USE PLANNING.
CHAPTER 9. HUMAN SERVICES.
CHAPTER 9A. VETERANS' AFFAIRS.
CHAPTER 10. PUBLIC LIBRARIES; PUBLIC RECREATION; ATHLETIC ESTABLISHMENTS; MONUMENTS AND MEMORIALS; ROSTER OF SERVICEMEN; EDUCATIONAL BROADCASTING AUTHORITY.
CHAPTER 11. TAXATION.
CHAPTER 11A. COLLECTION AND ENFORCEMENT OF PROPERTY TAXES.
CHAPTER 11B. DEPARTMENT OF REVENUE.
CHAPTER 12. PUBLIC MONEYS AND SECURITIES.
CHAPTER 13. PUBLIC BONDED INDEBTEDNESS.
CHAPTER 14. CLAIMS DUE AND AGAINST THE STATE.
CHAPTER 15. PUBLIC SAFETY.
CHAPTER 15A. DEPARTMENT OF HOMELAND SECURITY.
CHAPTER 16. PUBLIC HEALTH.
CHAPTER 16A. MEDICAL CANNABIS ACT.
CHAPTER 16B. INSPECTOR GENERAL.
CHAPTER 17. ROADS AND HIGHWAYS.
CHAPTER 17A. MOTOR VEHICLE ADMINISTRATION, REGISTRATION, CERTIFICATE OF TITLE, AND ANTITHEFT PROVISIONS.
CHAPTER 17B. MOTOR VEHICLE DRIVER'S LICENSES.
CHAPTER 17C. TRAFFIC REGULATIONS AND LAWS OF THE ROAD.
CHAPTER 17D. MOTOR VEHICLE SAFETY RESPONSIBILITY LAW.
CHAPTER 17E. UNIFORM COMMERCIAL DRIVER'S LICENSE ACT.
CHAPTER 17F. ALL-TERRAIN VEHICLES.
CHAPTER 17G. RACIAL PROFILING DATA COLLECTION ACT.
CHAPTER 17H. FULLY AUTONOMOUS VEHICLE ACT.
CHAPTER 18. EDUCATION.
CHAPTER 18A. SCHOOL PERSONNEL.
CHAPTER 18B. HIGHER EDUCATION.
CHAPTER 18C. STUDENT LOANS; SCHOLARSHIPS AND STATE AID.
CHAPTER 19. AGRICULTURE.
CHAPTER 20. NATURAL RESOURCES.
CHAPTER 21. LABOR
CHAPTER 21A. UNEMPLOYMENT COMPENSATION.
CHAPTER 22. ENVIRONMENTAL RESOURCES.
CHAPTER 22A. MINERS' HEALTH, SAFETY AND TRAINING.
CHAPTER 22B. ENVIRONMENTAL BOARDS.
CHAPTER 22C. ENVIRONMENTAL RESOURCES; BOARDS, AUTHORITIES, COMMISSIONS AND COMPACTS.
CHAPTER 23. WORKERS' COMPENSATION.
CHAPTER 24. PUBLIC SERVICE COMMISSION.
CHAPTER 24A. COMMERCIAL MOTOR CARRIERS.
CHAPTER 24B. GAS PIPELINE SAFETY.
CHAPTER 24C. UNDERGROUND FACILITIES DAMAGE PREVENTION.
CHAPTER 24D. CABLE TELEVISION.
CHAPTER 24E. STATEWIDE ADDRESSING AND MAPPING.
CHAPTER 24F. VETERANS' GRAVE MARKERS.
CHAPTER 25. DIVISION OF CORRECTIONS.
CHAPTER 26. STATE HEALTH FACILITIES.
CHAPTER 27. MENTALLY ILL PERSONS.
CHAPTER 28. STATE CORRECTIONAL AND PENAL INSTITUTIONS.
CHAPTER 29. MISCELLANEOUS BOARDS AND OFFICERS.
CHAPTER 29A. STATE ADMINISTRATIVE PROCEDURES ACT.
CHAPTER 29B. FREEDOM OF INFORMATION.
CHAPTER 29C. UNIFORM NOTARY ACT.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
CHAPTER 31. CORPORATIONS.
CHAPTER 31A. BANKS AND BANKING.
CHAPTER 31B. UNIFORM LIMITED LIABILITY COMPANY ACT.
CHAPTER 31C. CREDIT UNIONS.
CHAPTER 31D. WEST VIRGINIA BUSINESS CORPORATION ACT.
CHAPTER 31E. WEST VIRGINIA NONPROFIT CORPORATION ACT.
CHAPTER 31F. WEST VIRGINIA BENEFIT CORPORATION ACT.
CHAPTER 31G. BROADBAND ENHANCEMENT AND EXPANSION POLICIES.
CHAPTER 31H. SMALL WIRELESS FACILITIES DEPLOYMENT ACT.
CHAPTER 31I. TRUST COMPANIES.
CHAPTER 31J. WIRELESS TOWER FACILITIES.
CHAPTER 32. UNIFORM SECURITIES ACT.
CHAPTER 32A. LAND SALES; FALSE ADVERTISING; ISSUANCE AND SALE OF CHECKS, DRAFTS, MONEY ORDERS, ETC.
CHAPTER 32B. THE WEST VIRGINIA COMMODITIES ACT.
CHAPTER 33. INSURANCE.
CHAPTER 34. ESTRAYS, DRIFT AND DERELICT PROPERTY.
CHAPTER 35. PROPERTY OF RELIGIOUS, EDUCATIONAL AND CHARITABLE ORGANIZATIONS.
CHAPTER 35A. NAMES, EMBLEMS, ETC., OF ASSOCIATIONS, LODGES, ETC.
CHAPTER 36. ESTATES AND PROPERTY.
CHAPTER 36A. CONDOMINIUMS AND UNIT PROPERTY.
CHAPTER 36B. UNIFORM COMMON INTEREST OWNERSHIP ACT.
CHAPTER 37. REAL PROPERTY.
CHAPTER 37A. ZONING.
CHAPTER 37B. MINERAL DEVELOPMENT.
CHAPTER 37C. MINERAL DEVELOPMENT.
CHAPTER 38. LIENS.
CHAPTER 39. RECORDS AND PAPERS.
CHAPTER 39A. ELECTRONIC COMMERCE.
CHAPTER 39B. UNIFORM POWER OF ATTORNEY ACT.
CHAPTER 40. ACTS VOID AS TO CREDITORS AND PURCHASERS.
CHAPTER 41. WILLS.
CHAPTER 42. DESCENT AND DISTRIBUTION.
CHAPTER 43. DOWER AND VALUATION OF LIFE ESTATES.
CHAPTER 44. ADMINISTRATION OF ESTATES AND TRUSTS.
CHAPTER 44A. WEST VIRGINIA GUARDIANSHIP AND CONSERVATORSHIP ACT.
CHAPTER 44B. UNIFORM PRINCIPAL AND INCOME ACT.
CHAPTER 44C. UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT.
CHAPTER 44D. UNIFORM TRUST CODE.
CHAPTER 45. SURETYSHIP AND GUARANTY.
CHAPTER 46. UNIFORM COMMERCIAL CODE.
CHAPTER 46A. WEST VIRGINIA CONSUMER CREDIT AND PROTECTION ACT.
CHAPTER 46B. REGULATION OF THE RENTAL OF CONSUMER GOODS UNDER RENT-TO-OWN AGREEMENTS.
CHAPTER 47. REGULATION OF TRADE.
CHAPTER 47A. WEST VIRGINIA LENDING AND CREDIT RATE BOARD.
CHAPTER 47B. UNIFORM PARTNERSHIP ACT.
CHAPTER 48. DOMESTIC RELATIONS.
CHAPTER 49. CHILD WELFARE.
CHAPTER 50. MAGISTRATE COURTS.
CHAPTER 51. COURTS AND THEIR OFFICERS.
CHAPTER 52. JURIES.
CHAPTER 53. EXTRAORDINARY REMEDIES.
CHAPTER 54. EMINENT DOMAIN.
CHAPTER 55. ACTIONS, SUITS AND ARBITRATION; JUDICIAL SALE.
CHAPTER 56. PLEADING AND PRACTICE.
CHAPTER 57. EVIDENCE AND WITNESSES.
CHAPTER 58. APPEAL AND ERROR.
CHAPTER 59. FEES, ALLOWANCES AND COSTS; NEWSPAPERS; LEGAL ADVERTISEMENTS.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
CHAPTER 60A. UNIFORM CONTROLLED SUBSTANCES ACT.
CHAPTER 60B. DONATED DRUG REPOSITORY PROGRAM.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
CHAPTER 62. CRIMINAL PROCEDURE.
CHAPTER 63. REPEAL OF STATUTES.
CHAPTER 64. LEGISLATIVE RULES.
CHAPTER 5A. DEPARTMENT OF ADMINISTRATION.
Article 2B
All Articles
Article 3A
ARTICLE 3. PURCHASING DIVISION.
§5A-3-1. Division created; purpose; director; applicability of article; continuation.
§5A-3-1a. Prescription drug products.
§5A-3-2. Books and records of director.
§5A-3-3. Authority of Director of Purchasing.
§5A-3-3a. Additional exemptions from purchasing requirements.
§5A-3-3b. Exemption of facilities providing direct patient care services that are managed, directed, controlled and governed by the Secretary of the Department of Health Facilities.
§5A-3-3c. Exemptions from purchasing requirements for contracts entered into as part of recovery from a declared state of emergency.
§5A-3-4. Rules of director.
§5A-3-5. Purchasing section standard specifications -- Promulgation and adoption by director; applicable to all purchases.
§5A-3-6. Purchasing section standard specifications -- Advisers from spending units.
§5A-3-7. Director to advise with heads of state and other institutions producing commodities, services and printing.
§5A-3-8. Facilities of division available to local governmental bodies.
§5A-3-8a. Facilities of division available to volunteer fire departments and emergency medical services.
§5A-3-9. Examination and testing of purchases; report required.
§5A-3-9a. Creation of a fund.
§5A-3-10. Competitive bids; publication of solicitations for sealed bids; purchase of products of nonprofit workshops; employee to assist in dealings with nonprofit workshops; continuing procurements over $1 million.
§5A-3-10a. Prohibition for awarding contracts to vendors which owe a debt to the State or its political subdivisions.
§5A-3-10b. Best value procurement.
§5A-3-10c. Direct award procurement.
§5A-3-10d. Reverse auctions.
§5A-3-10e. Prequalification agreement; agency-delegated bidding.
§5A-3-11. Purchasing in open market on competitive bids; debarment; bids to be based on written specifications; period for alteration or withdrawal of bids; awards to lowest responsible bidder; uniform bids; record of bids; requirements of vendors to pay taxes, fees and debts; exception; grant exemption.
§5A-3-11a. Negotiation when all bids exceed budget in requisition.
§5A-3-11b. Discussion and final offers.
§5A-3-11c. Multiple awards.
§5A-3-12. Prequalification disclosure and payment of annual fee by vendors required; form and contents; register of vendors; false certificates; penalties.
§5A-3-13. Contracts to be approved as to form; filing.
§5A–3-14. Repealed. Acts, 2010 Reg. Sess., Ch 169.
§5A-3-14a. Repealed. Acts, 1990 Reg. Sess., Ch. 2.
§5A-3-15. Emergency purchases in open market.
§5A-3-16. Special fund; purposes; how composed.
§5A-3-17. Purchases or contracts violating article void; personal liability.
§5A-3-18. Substituting for commodity bearing particular trade name or brand.
§5A-3-19. Purchases from federal government and other sources.
§5A-3-20. Spending units to submit lists of expendable commodities.
§5A-3-21. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A-3-22. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A-3-23. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A-3-24. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A-3-25. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A-3-26. Repealed. Acts, 2010 Reg. Sess., Ch. 132.
§5A-3-27. Repealed. Acts, 2008 Reg. Sess., Ch. 4.
§5A-3-28. Financial interest of secretary, etc.; receiving reward from interested party; penalty; application of bribery statute.
§5A-3-29. Penalty for violation of article.
§5A-3-30. Statement of purpose; obtaining money and property under false pretenses or by fraud from the state; penalties; definition.
§5A-3-31. Corrupt actions, combinations, collusions or conspiracies prohibited; penalties.
§5A-3-32. Power of director to suspend right to bid; notice of suspension.
§5A-3-33. Review of suspension by secretary.
§5A-3-33a. Repealed. Acts, 2006 Reg. Sess., Ch. 2.
§5A-3-33b. Scope.
§5A-3-33c. Duties.
§5A-3-33d. Grounds for debarment.
§5A-3-33e. Debarment procedure.
§5A-3-33f. Effects of debarment.
§5A-3-34. Authority over inventories and property.
§5A-3-35. Submission of annual inventories.
§5A-3-36. Inventory of removable property.
§5A-3-37. Reciprocal preference; preference for resident vendors for certain contracts.
§5A–3-37a. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A–3-38. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A–3-39. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A–3-40. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A-3-40a. Repealed. Acts, 2007 Reg. Sess., Ch. 214.
§5A–3-41. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A–3-42. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A-3-43. State agency for surplus property created.
§5A-3-44. Authority and duties of state agency for surplus property.
§5A-3-45. Disposition of surplus state property; semiannual report; application of proceeds from sale.
§5A-3-46. Warehousing, transfer, etc., charges.
§5A-3-47. Department of agriculture and other agencies exempted.
§5A-3-48. Travel rules; exceptions.
§5A-3-49 Repealed Acts, 2018 Reg. Sess., Ch. 106.
§5A-3-50. Acquiring and disposing of vehicles and aircraft.
§5A-3-51. Maintenance and service to vehicles and aircraft.
§5A-3-52. division; fund.
§5A-3-53. Enforcement of travel management regulations.
§5A–3-54. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A–3-55. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A–3-55a. Repealed. Acts, 2010 Reg. Sess., Ch. 169.
§5A-3-56. Preference for the use of domestic steel products in state contract projects; exceptions; civil penalties.
§5A-3-57. Buy American task force; study; report.
§5A-3-58. Creation of the Purchasing Improvement Fund.
§5A-3-59. Small, women and minority-owned businesses.
§5A-3-60. Annual purchasing training.
§5A-3-61. Standardization.
§5A-3-62. Prohibited contract clauses.
§5A-3-63. Prohibition on contracting with companies that boycott Israel.
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