W. Va. Code § 21-3C-2a

Installation prohibited; exemptions; two-way communication required; key required.

  1. (a) On and after July 1, 2007, no private residence elevator may be installed in a nonresidential setting.
  2. (b) A private residence elevator installed in a nonresidential setting which was in use on July 1, 2007, may continue in use so long as the elevator:

    1. (1) Meets the specifications as set forth in the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators A17.1 5.3 "Safety Code for Elevators";
    2. (2) Has a method of two-way communication between the car and each floor served by the elevator;
    3. (3) Is operated automatically; and
    4. (4) Is inspected annually by an inspector and is issued a certification of operation by the division.
  3. (c) New residential elevators shall undergo an acceptance test performed by an inspector, and the inspector shall file a report of the test with the division.
  4. (d) An elevator in a residential property shall be inspected by an inspector when the residential property is transferred, and the inspector shall file a report of the inspection with the division.
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