West Virginia HVAC & Mechanical Licensing Law
West Virginia Code · 5 sections
The following is the full text of West Virginia’s hvac & mechanical licensing law statutes as published in the West Virginia Code. For the official version, see the West Virginia Legislature.
W. Va. Code § 21-16-11
§21-16-11. Veteran qualifications for license as HVAC Technician.
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W. Va. Code § 22A-2
West Virginia Code | §22A-2
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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 22A. MINERS' HEALTH, SAFETY AND TRAINING.
Article 1A
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Article 2A
ARTICLE 2. UNDERGROUND MINES.
§22A-2-1. Supervision by professional engineer or licensed land surveyor; seal and certification; contents; extensions; repository; availability; traversing; copies; archive; final survey and map; penalties.
§22A-2-2. Submittal of detailed ventilation plan to director.
§22A-2-3. Fans.
§22A-2-4. Ventilation of mines in general.
§22A-2-4a. Use of belt air.
§22A-2-5. Unused and abandoned parts of mine.
§22A-2-6. Requirements for movement of off-track mining equipment in areas of active workings where energized trolley wires or trolley feeder wires are present; premovement requirements; certified and qualified persons.
§22A-2-7. When underground mine foreman-fire boss required; assistants; certification.
§22A-2-8. Duties; ventilation; loose coal, slate or rocks; props; drainage of water; man doors; instruction of apprentice miners.
§22A-2-9. Slopes, incline planes and haulage roads.
§22A-2-10. Signals on haulways; lights at mouth and bottom of shaft; operation of cages.
§22A-2-11. Boreholes.
§22A-2-12. Instruction of employees and supervision of apprentices; annual examination of persons using approved methane-detecting devices; records of examination; maintenance of methane detectors, etc.
§22A-2-13. Daily inspection of working places; records.
§22A-2-14. Safety inspections; removal of gases.
§22A-2-15. Dangerous places.
§22A-2-16. Examinations of reports of fire bosses.
§22A-2-17. Ascertainment, record and removal of all dangers.
§22A-2-18. Duty of mine foreman to notify operator when unable to comply with law; duty of operator.
§22A-2-19. Death or resignation of mine foreman; successor.
§22A-2-20. Preparation of danger signal by fire boss or certified person acting as such prior to examination; report; records open for inspection.
§22A-2-21. Fire bosses to have no superior officers.
§22A-2-22. Unlawful to enter mine until fire boss reports it safe; exceptions.
§22A-2-23. Authority of fire boss to perform other duties.
§22A-2-24. Control of coal dust; rock dusting.
§22A-2-25. Roof control programs and plans; refusal to work under unsupported roof.
§22A-2-26. Roof support; specific requirements.
§22A-2-27. Canopies or cabs; electric face equipment.
§22A-2-28. Equipment to conform with height of seam.
§22A-2-29. Use of authorized explosives; storage or use of unauthorized explosives.
§22A-2-30. Surface magazines for explosives.
§22A-2-31. Transportation of explosives.
§22A-2-32. Underground storage of explosives.
§22A-2-33. Preparation of shots; blasting practices.
§22A-2-34. Misfires of explosives.
§22A-2-35. Other blasting devices.
§22A-2-36. Hoisting machinery; telephones; safety devices; hoisting engineers and drum runners.
§22A-2-37. Haulage roads and equipment; shelter holes; prohibited practices; signals; inspection.
§22A-2-38. Transportation of miners by cars; self-propelled equipment; belts.
§22A-2-39. Belt conveyor; installation; maintenance; examination of belt conveyors and belt entries.
§22A-2-40. General provisions.
§22A-2-41. Bonding track used as power conductor.
§22A-2-42. Telephone service or communication facilities.
§22A-2-43. Actions to detect and respond to excess methane.
§22A-2-43a. Operation of cutting and mining machines; repair and maintenance of same.
§22A-2-44. Hand-held electric drills and rotating tools; trailing cables.
§22A-2-45. Installation of lighting.
§22A-2-46. Welding and cutting.
§22A-2-47. Responsibility for care and maintenance of face equipment.
§22A-2-48. When respiratory equipment to be worn; control of dust.
§22A-2-49. Safeguards for mechanical equipment.
§22A-2-50. Procurement of dust-tight electrical equipment; fireproof construction; dust control; repairs; welding; handrails and toeboards; protection of personnel on conveyors; back guards on ladders; walkways or safety devices around thickeners.
§22A-2-51. Housekeeping.
§22A-2-52. Storage of flammable liquids in lamphouse.
§22A-2-53. Smoking in and around surface structures.
§22A-2-53a. Railroad cars; dumping areas; other surface areas.
§22A-2-53b. Haulage or surface areas.
§22A-2-53c. Ramps; tipples; cleaning plants; other surface areas.
§22A-2-54. Duties of persons subject to article; rules and regulations of operators.
§22A-2-55. Protective equipment and clothing.
§22A-2-55a. Safety helmets.
§22A-2-56. Checking systems.
§22A-2-57. No act permitted endangering security of mine; search for intoxicants, matches, etc.
§22A-2-58. Fire protection.
§22A-2-59. First-aid equipment.
§22A-2-60. Accessible outlets; safe roadways for emergencies; accessibility of first aid equipment; use of special capsule for removal of personnel.
§22A-2-61. Coal storage bins; recovery tunnels; coal storage piles.
§22A-2-62. Thermal coal dryers and plants.
§22A-2-63. No mine to be opened or reopened without prior approval of the Director of the Office of Miners' Health, Safety and Training; certificate of approval; approval fees; extension of certificate of approval; certificates of approval not transferable; section to be printed on certificates of approval.
§22A-2-64. Sealing permanently closed or abandoned mines.
§22A-2-65. Mining close to abandoned workings.
§22A-2-66. Accident; notice; investigation by Office of Miners' Health, Safety and Training.
§22A-2-67. Written report of accident.
§22A-2-68. Preservation of evidence following accident or disaster.
§22A-2-69. Repealed. Acts, 2006 Reg. Sess., Ch. 154.
§22A-2-70. Shafts and slopes.
§22A-2-71. Right of miner to refuse to operate unsafe equipment; procedure; discrimination.
§22A-2-71a. Right of miner to refuse to work in an unsafe area or unsafe manner.
§22A-2-72. Long wall and short wall mining.
§22A-2-73. Construction of shafts, slopes, surface facilities and the safety hazards attendant therewith; duties of Board of Coal Mine Health and Safety to promulgate rules; time limits therefor.
§22A-2-74. Control of respirable dust.
§22A-2-75. Coal operators -- Procedure before operating near oil and gas wells.
§22A-2-76. Reopening old or abandoned mines.
§22A-2-77. Quarterly report by operator of mine; exception as to certain inactive mines.
§22A-2-78. Examinations to determine compliance with permits.
§22A-2-79. Provisions of article severable.
§22A-2-80. Existing regulations to be revised.
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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.
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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.
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