W. Va. Code R. § 87-2-10

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

Section 87-2-10 - Effect of Noncompliance

10.1. Any person, firm, corporation or employee thereof, or any representative, member or officer of such firm or corporation, individually, entering upon or engaging in the business of performing any electrical work as defined in W. Va. Code '29-3B-1 et seq. and these rules, without possessing the required license or otherwise complying with W. Va. Code '29-3B-1 et seq., is for the first offense guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one hundred dollars ($100.00). For a second and each subsequent offense, the penalty and punishment is a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).

Each day during which such electrical work is performed without the required license or while in non-compliance with any of the provisions of W. Va. Code '29-3B-1 et seq., after official notice that such work is unlawful, is a separate offense.

Any electrical work performed by a person, firm or corporation which is determined by the State Fire Marshal to constitute a safety or health hazard to members of the public or any electrical work of an extensive nature being performed by any person without the required license or otherwise in noncompliance with the requirements of this article or contrary to an order or rule promulgated lawfully by the State Fire Marshal, is subject to a civil action in the name of the state in the circuit court of the county, where such work is being performed for an injunction against such person, firm or corporation, enjoining such work or violation. A circuit court by mandatory or prohibitory injunction may compel compliance with the provisions of W. Va. Code '29-3B-1 et seq., with the lawful orders of the State Fire Marshal and with any final decision of the State Fire Marshal or State Fire Commission. The State Fire Marshal shall be represented in all such proceedings by the attorney general or his assistants.

W. Va. Code R. § 87-2-10