W. Va. Code R. § 42-21-13

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 42-21-13 - Work-Sharing Agreement Between the Division and Counties and Municipalities

13.1. The Division may enter into a work-sharing agreement with any county or municipality whereby the county or municipality would, under the supervision of the Division, assume the inspection and enforcement provisions of the Act.

13.2. A work-sharing agreement shall be executed on a form provided by the Division and approved by the Office of the Attorney General.

13.3. With the approval of the Division, counties and municipalities may combine their jurisdictions into a single work-sharing agreement.

13.4. A work-sharing agreement shall include the following provisions:

13.4.a. that all elevators covered under the provisions of W. Va. Code § 21-3C-1et seq. within the county or municipality are inspected annually for safety;

13.4.b. that no elevator covered by the Act shall be permitted to operate without having first obtained a certificate of operation from the Division;

13.4.c. that any inspector employed by the county or municipality is certified for competency by the Division as required by the provisions of W. Va. Code § 21-3C-1et seq. or this rule;

13.4.d. that all inspections for safety are conducted in accordance with the Act or this rule;

13.4.e. that reports on inspection are filed with the Division within 5 days of the date of inspection;

13.4.f. that the county or municipality shall comply with any written orders issued by the Division;

13.4.g. that the Division shall provide technical assistance to the county or municipal inspectors where necessary to insure adequate enforcement of the Act;

13.4.h. that the Division shall provide the report and inspection forms required by the Division;

13.4.i. that the Division shall permit the county or municipality to collect and retain fees for inspections as a means to support the enforcement effort at the local level; and

13.4.j. that the Division shall provide direct supervision, where considered necessary by the Division, to county or municipal inspectors.

W. Va. Code R. § 42-21-13