H. B. 2788

(By Delegate Love)

[Introduced February 24, 1995; referred to the

Committee on Government Organization.]

A BILL to amend and reenact section five, article three-b,
chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to promulgating rules to cause licensed electricians to delineate names of workers.

Be it enacted by the Legislature of West Virginia:
That section five, article three-b, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§29-3B-5. Rules; applications and examinations; fees.

(a) The state fire marshal shall promulgate necessary rules pursuant to the provisions of chapter twenty-nine-a of this code to implement the provisions of this article, including, but not limited to, requiring licensed contractors to provide, in writing under penalty of perjury names of persons installing work in any event wherein the licensed contractor was not present at the work site. Furthermore to insure through rules that local volunteer fire department personnel be empowered to issue citations for witnessed violations of section 10:01, with the proceeds divided evenly between the volunteer fire department and the state fire marshal.
Rules adopted by the state fire marshal and presently in effect shall remain in effect until and unless the state fire marshal adopts new rules, and the state fire marshal may adopt any or all of the rules presently in effect.
(b) The state fire marshal shall prepare and arrange for the receipt of applications from those who intend to perform electrical work in the state of West Virginia. Such application shall be sufficiently detailed to enable the state fire marshal to determine the presence or absence of an applicant's qualifications for a license of a particular class. The state fire marshal may, if he considers it necessary, require applicants to supply affidavits or other documents attesting to the applicant's qualifications from past employers, other electricians, engineers and others with knowledge of the applicant's qualifications. The state fire marshal may make such other inquiries as he considers necessary to determine the qualifications of the applicant. An applicant expressly consents to such inquiries by the state fire marshal by his application.
(c) The state fire marshal shall prepare and arrange for the giving of examinations to all applicants for licensure. There shall be a separate and different examination for each class of license, appropriate in subject matter, difficulty and depth of understanding for each class. All examinations shall be based on and derived from the national electric code as promulgated from time to time by the national fire protection association. A minimum grade of eighty percent correct for all examinations is necessary for licensure by the state fire marshal. The examinations shall be given at least four times each year. The places, dates and times of such examinations shall be made known by public notice issued by the state fire marshal. The state fire marshal may contract with the bureau of vocational, technical and adult education, state department of education, to perform such examinations.
(d) Each person desiring to take an examination shall make written application therefor at the time designated by and on forms prescribed by the state fire marshal. The applicant shall specify the class of license for which he seeks licensure. The application shall be accompanied by an examination fee of twenty-five dollars for licenses for master electrician or journeyman electrician, or by an examination fee of ten dollars for an apprentice electrician license applicant or twenty-five dollars for a specialty license. The fee is not returnable.
(e) An applicant who fails to make the required passing score on any examination or who lacks qualifications for the class of license desired may retake the examination or change his application to request a license of a lesser class upon the payment to the state fire marshal of a fee of ten dollars together with a new application. Any reexamination may be taken or new application may be submitted as many times as the applicant desires, but each such examination or application requires the payment of the additional fee of ten dollars and the making of a new application to the state fire marshal. When the examination is successfully passed and the requisite qualifications are established by the applicant, the state fire marshal shall issue the appropriate license as provided above.

The purpose of this bill is to require electrical contractors to attest to the fire marshall work performed when the contractor is not at the work site and to empower volunteer firefighters to issue citations for violations of section 10:01 with proceeds evenly split.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.