W. Va. Code § 16-35 § 16-35-4

Powers and duties of the director.

In Force
Verified 10/26/2026 · Next check 10/27/2026
West VirginiaLead-Based Paint

Operative Text

W. Va. Code § 16-35 § 16-35-4
The director shall administer and enforce this article, and has the following powers and duties:
(1) To propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, necessary to carry out the requirements of this article, including, but not limited to, abatement personnel training guidelines, procedures for the issuance and renewal of lead discipline licenses, establishment of all fees necessary to pay for the implementation and enforcement of this program, and the regulation of lead abatement projects;
(2) To issue, suspend and revoke lead discipline licenses, regulate lead abatement projects, and assess fees and civil penalties pursuant to this article and the rules promulgated hereunder;
(3) To promulgate any emergency rules necessary to gain federal approval of the state lead abatement program in accordance with section three, article fifteen, chapter twenty-nine-a of this code;
(4) To accredit training providers, training courses, examiners, examinations, and grading systems developed for licensing disciplines pursuant to this article;
(5) To order reduction or abatement of identified lead hazards when they may result in child lead poisoning; and
(6) To develop a public awareness campaign on the dangers of lead poisoning and to promote public education of the requirements of this article.
Source: Legislative text reproduced verbatim
Plain English

West Virginia Code § 16-35-4 establishes the authority and responsibilities of the state director overseeing the lead abatement program. The director is empowered to write and enforce rules, license and discipline lead abatement professionals, accredit training programs, impose civil penalties, and order the reduction or elimination of lead hazards that could cause child lead poisoning. The provision also directs the director to run public awareness efforts about the dangers of lead exposure and the requirements of the lead abatement law.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 16-35-4, the director has broad authority to regulate lead abatement work in pre-1978 rental housing, including the power to issue, suspend, or revoke licenses held by abatement contractors a property owner might hire. Compliant operators generally ensure that any lead abatement work on their properties is performed by properly licensed professionals whose credentials are in good standing under the director's licensing program. Because the director can also assess civil penalties and order abatement of identified lead hazards, property owners managing pre-1978 units typically stay current with applicable rules promulgated under this article.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 16-35-4 gives the state director the power to order the reduction or abatement of lead hazards in situations where child lead poisoning may result, which can be a meaningful protection for tenants living in pre-1978 housing. Tenants who believe a lead hazard exists in their rental unit may have the option of reporting concerns to the state agency administering this article, which holds enforcement authority including the ability to compel abatement. Tenant-rights organizations familiar with West Virginia's lead abatement program can help explain what documentation or steps are generally associated with triggering the director's enforcement powers under § 16-35-4.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

W. Va. Code § 29A-15-3
Not yet ingested

References In

Rules and statutes that cite this regulation

W. Va. Code § 16-35-4

Related Rules

§ 127H
Repealed, 1992, 407, Sec. 9
§ 127M
Repealed, 1975, 615
§ 190
Program for the prevention, screening, diagnosis and treatment of lead poisoning; lead poisoning control director; advisory committee

Source Information

Snapshot SHA:
Fetched:Oct 26, 2026, 02:30 PM UTC