West Virginia Code § 29-3E-8

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

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