W. Va. Code § 16-35 § 16-35-5
Lead discipline license required.
Operative Text
(a) It is unlawful for any individual to carry out any lead-risk assessment, inspection or abatement activity for which he or she does not hold an appropriate lead discipline license. (b) To qualify for a lead discipline license an applicant shall: (1) Satisfactorily complete a state-accredited training course for a lead discipline and receive a passing grade on an examination administered by a state-accredited examiner; and (2) Meet the requirements set forth by the director in legislative rule. (c) Applicants for a lead discipline license shall submit to the division an application and certificate that show satisfactory completion of a training course for a lead discipline and pay the applicable fee to the division. (d) The director may deny a license if the applicant fails to comply with the application procedures or to satisfy the licensure criteria or to pay the fee. The director shall provide written notice of such denial and an opportunity for reapplication. (e) The director may grant lead discipline licenses to individuals licensed or certified in another jurisdiction if its requirements are at least as stringent as West Virginia's requirements.
West Virginia Code § 16-35-5 establishes that performing lead-risk assessments, inspections, or abatement work without a valid lead discipline license is unlawful in the state. To obtain such a license, an individual must complete a state-accredited training course, pass an examination, meet director-established requirements, and pay the applicable fee. The director has authority to deny applications for noncompliance with procedures or criteria, must provide written notice of any denial, and may recognize equivalent licenses from other jurisdictions whose standards are at least as rigorous as West Virginia's.
Plain English — not legal advice.
Under § 16-35-5, property owners and managers who hire contractors to conduct lead-risk assessments, inspections, or abatement work in pre-1978 rental housing are operating in a regulatory environment that requires those contractors to hold a valid West Virginia lead discipline license. Compliant operators generally verify that any individual performing such work either holds a current in-state license or has been granted reciprocal recognition by the director based on an equivalent out-of-state credential. Retaining documentation of a contractor's licensure status is a common practice among operators seeking to demonstrate compliance with this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 16-35-5 of the West Virginia Code means that any professional hired to assess, inspect, or remediate lead hazards in your rental home is legally required to hold a state-issued lead discipline license before performing that work. If you have reason to believe unlicensed lead work has been or is being conducted in your unit, you may raise that concern with the relevant state division that administers lead discipline licensing. Tenant-rights organizations familiar with West Virginia housing law can help you understand what options are generally available when this provision may have been violated.
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.
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