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Home » US Law » 2022 West Virginia Code » Chapter 21. Labor » Article 16. Regulation of Heating, Ventilating and Cooling Work

§21-16-1. Declaration of Purpose

The provisions of this article are intended to protect the health, safety and welfare of the public as well as public and private property by assuring the competence of those who perform work on a heating, ventilating and cooling system through licensure by the Commissioner of Labor.

§21-16-10. Disposition of Fees

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 to be known as the HVAC Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found […]

§21-16-11. Veteran Qualifications for License as Hvac Technician

(a) Any person who has served as a member of any branch of the United States Armed Forces, the National Guard, or armed forces reserve, may apply for licensure, if: (1) He or she has successfully completed a course of instruction required to qualify him or her for rating as an HVAC technicians mate or […]

§21-16-2. Definitions

As used in this article and the legislative rules promulgated pursuant to this article: (a) “Perform work on a heating, ventilating, and cooling system” means to install, maintain, alter, remodel, or repair one or more components of a heating, ventilating, and cooling system. (b) “Heating, ventilating, and cooling system” means equipment to heat, cool, or […]

§21-16-3. License Required; Exemptions

(a) On and after January 1, 2016, a person performing or offering to perform work on a heating, ventilating, and cooling system in this state shall have a license issued by the Commissioner of Labor, in accordance with the provisions of this article and the legislative rules promulgated pursuant hereto: Provided, That the commissioner shall […]

§21-16-4. Scope of Practice

(a) An HVAC technician in training is authorized to assist in providing heating, ventilating, and cooling work only under the direction and control of a HVAC technician. (b) An HVAC technician is authorized to provide heating, ventilating, and cooling work without supervision. (c) Persons licensed under this article are subject to the applicable provisions of […]

§21-16-5. Rule-Making Authority

(a) The Commissioner of Labor shall propose rules for legislative approval, in accordance with the provisions of 21-16-5 et seq. of this code, for the implementation and enforcement of the provisions of this article, which shall provide: (1) Standards and procedures for issuing and renewing licenses, applications, examinations, and qualifications: Provided, That an HVAC technician […]

§21-16-6. Enforcement; Interagency Agreements Authorized

(a) The Commissioner of Labor and his or her Deputy Commissioner or any compliance officer of the Division of Labor as authorized by the Commissioner of Labor may enforce the provisions of this article and may, at reasonable hours, enter any building or premises where heating, ventilating and cooling work is performed and issue cease […]

§21-16-7. Denial, Suspension, and Revocation of License

(a) The Commissioner of Labor may deny a license to any applicant who fails to comply with the provisions of this article or the rules established by the Commissioner of Labor, or who lacks the necessary qualifications: Provided, That the commissioner shall apply 21-1-6 of this code to determine if the prior criminal conviction bears […]

§21-16-8. Penalties

(a) On and after January 1, 2016, a person performing or offering to perform, or an employer authorizing a person not exempt by the provisions of section three of this article, to perform, heating, ventilating, and cooling work without a license issued by the Commissioner of Labor, is subject to a cease and desist order. […]

§21-16-9. Inapplicability of Local Ordinances

On and after January 1, 2016, a political subdivision of this state may not require, as a condition precedent to the performance of work on heating, ventilating and cooling in the political subdivision, a person who holds a valid and current license issued under this article, to have any other license or other evidence of […]