W. Va. Code § 29-3E-8

State Fire Marshal’s Rule-making Authority.

The State Fire Marshal may promulgate emergency rules and shall propose legislative rules for promulgation, in accordance with §29A-3-1 et seq. of this code, to implement this article, including:

  1. (1) Adopting by reference the most recent edition of APA Standard 87-1;
  2. (2) Adopting by reference the most recent edition of NFPA 1123, Code for Fireworks Display;
  3. (3) Adopting by reference NFPA 1124, code for the manufacture, transportation, storage and retail sales of fireworks and pyrotechnic articles;
  4. (4) Adopting by reference the most recent edition of NFPA 1126, standard for the use of pyrotechnics before a proximate audience;
  5. (5) Procedures for the issuance and renewal of a registration, certificate and permit;
  6. (6) A fee schedule;
  7. (7) Establishing insurance or bond requirements;
  8. (8) Establishing additional criteria for the granting of a registration, certificate, or permit under this article;
  9. (9) Registration of manufacturers, wholesalers and distributors; and
  10. (10) Establishing a procedure that allows a retailer to combine and pay all applicable fees in a single payment.
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