HB 4352 — Removing the use of post-criminal conduct in professional and occupational initial licensure or certification in decision making

NEWS RELEASES HELPFUL LINKS CommitteeEnrolled SubstituteVersion - Final Version « House Bill 4352 History OTHER VERSIONS  —  EnrolledCommittee VersionSubstitute - Final Version  |  Introduced Version  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session ENROLLED Committee Substitute for House Bill 4352 By Delegates Jennings, Maynard, Bibby, Lovejoy, MIller,Miller, Pack, Sypolt, Worrell, Waxman, Hardy and Summers [Originating[Passed inMarch the3, Committee2020; on Government Organization;

Januaryin 31,effect 2020.]ninety days from passage.]   AAN BILLACT to amend and reenact §29-3B-4 and §29-3B-7 of the Code of West Virginia, 1931, as amended;

or (4) The licensee violatedfails anyto statutecomply ofwith the State of West Virginia, any rule lawfully promulgated by an agency of the State ofFire WestMarshal Virginiapromulgated orto anyfulfill ordinancehis of any municipality or countyher ofresponsibilities theunder Statethis ofarticle. West Virginia which protects the consumer or public against unfair, unsafe, unlawful or improper business practices;

or (5)(4) The licensee fails to comply with any rule of the State Fire Marshal promulgated to fulfill his or her responsibilities under this article.

(a) “Combination Fire/Smoke Damper” means a device that meets both fire damper and smoke damper requirements.

(b) “Damper” means a fire damper, smoke damper or combination fire/smoke damper.

(c) “Damper work” means to install, test, maintain or repair a damper.

(d) “Engineered Suppression Systems Installer” means a person certified by a manufacturer to install, alter, extend, maintain, layout or repair an agent suppression system.

(e) “Engineered Suppression Systems Technician” means a person certified by a manufacturer to maintain or repair an agent suppression system.

(f) “Fire damper” means a device installed in an air distribution system, designed to close automatically upon detection of heat, to interrupt migratory airflow and to restrict the passage of flame.

(g) “Fire protection damper technician” means a person certified to install, test, maintain or repair a damper.

(h) “Fire protection damper technician in training” means a person with interest in and an aptitude for performing installation, maintenance or repair work to a damper as defined in this article, but who alone is not capable or authorized to perform damper work unless directly supervised by a Fire Protection Damper Technician.

(i) “Fire protection layout technician” is an individual who has achieved National Institute for Certification in Engineering Technologies (NICET) Level III or higher certification, and who has the knowledge, experience and skills necessary to layout fire protection systems based on engineering design documents.

(j) “Fire protection system” means any fire protection suppression device or system designed, installed and maintained in accordance with the applicable National Fire Protection Association (NFPA) codes and standards, but does not include public or private mobile fire vehicles.

(k) “Fire protection work” means the installation, alteration, extension, maintenance, or testing of all piping, materials and equipment inside a building, including the use of shop drawings prepared by a fire protection layout technician, in connection with the discharge of water, other special fluids, chemicals or gases and backflow preventers for fire protection for the express purpose of extinguishing or controlling fire.

(l) “Journeyman sprinkler fitter” means a person qualified by at least ten thousand 5,000 hours of work experience installing, adjusting, repairing and dismantling fire protection systems and who is competent to instruct and supervise the fire protection work of a sprinkler fitter in training.

(m) “License” means a valid and current license issued by the State Fire Marshal in accordance with the provisions of this article.

(n) “Portable Fire Extinguisher Technician” means a person certified in accordance with NFPA 10 to install, maintain, repair and certify portable fire extinguishers as defined by NFPA 10.

(o) “Preengineered Suppression Systems Installer” means a person certified by a manufacturer to install, alter, extend, maintain, layout or repair an agent suppression system.

(p) “Preengineered Suppression Systems Technician” means a person certified to maintain or repair an agent suppression system.

(q) “Single family dwelling” means a building which is occupied as, or designed or intended for occupancy as, a single residence for one or more persons.

(r) “Smoke Damper” means a device within an operating (dynamic) air distribution system to control the movement of smoke.

(s) “Sprinkler fitter in training” means a person with interest in and an aptitude for performing fire protection work but who alone is not capable of performing such work, and who has fewer than ten thousand 5,000 hours of experience installing, adjusting, repairing and dismantling fire protection systems.

or (3) The licensee incompetently or unsafely performs plumbing, fire protection work or damper work.;work.

or (4) The licenseeJoint violatedCommittee anyon statuteEnrolled ofBills thishereby state,certifies anythat legislative rule or any ordinance of any municipality or county of this state which protects the consumerforegoing orbill publicis againstcorrectly unfair,enrolled. unsafe, unlawful or improper business practices.

  NOTE:  ...............................................................

The        purposeChairman, ofHouse this bill is to remove barriers to employment for individuals with criminal records who seek licensure or certification in an occupation governed by state laws, with certain exceptions and to reduce the number of hours of necessary experience to qualify for certain licenses.    This bill is recommended by the Joint Committee on  Volunteer  Fire                     Departments............................................................... and Emergency Medical Services for introduction and passage during the 2020 Regular Session.

Strike-throughs                             indicateChairman, languageSenate thatCommittee would                                    be                stricken  fromOriginating ain heading or the presentHouse. law and underscoring indicates new language that would be added.

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                  Clerk of the House of Delegates                          ...............................................................

                                                   Clerk of the Senate                                         ...............................................................

                                                   Speaker of the House of Delegates                                                                 ...............................................................

                                                                                     President of the Senate     __________             The within ...................................................

this the...........................................

  day of ..........................................................................................................., 2020.

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                                                                                                Governor   Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.