Who issues a West Virginia remodeling license
Remodeling in West Virginia is licensed by the state, not by the town you work in. The West Virginia Contractor Licensing Board issues the license. The board was created by West Virginia Code 30-42-4 and sits at 1900 Kanawha Boulevard East, State Capitol Complex, Building 3, Room 200, in Charleston. The Division of Labor performs the administrative, inspection and enforcement work for the board under Code 30-42-5(d)(14), and the Division says its Licensing Section issues and renews roughly 29,000 to 30,000 contractor licenses, HVAC technician certifications, manufactured housing licenses and plumber certifications each year. One license covers the whole state. Code 30-42-20 says that no municipality, local government or county may require any additional occupational license or other evidence of competence as a contractor from a person who holds a valid current state license, as a condition of being allowed to do contractor work there. That is the single most useful fact for a remodeler who sells across county lines in West Virginia, because it means the state card travels. It does not switch off local permits, local taxes or local registration, and those are covered further down this page. The board also runs the discipline process, publishes its disciplinary actions and meeting minutes, and takes consumer complaints through a Request for Investigation. Code 30-42-5(b)(1) requires the board to hold at least one examination in each calendar quarter for each contractor classification, so there is a scheduled way in rather than a waiting list.
Sourceswvclboard.wv.gov 1labor.wv.gov 2code.wvlegislature.gov 3code.wvlegislature.gov 4code.wvlegislature.gov 5
The dollar thresholds that trigger the license
West Virginia does not license every person who swings a hammer. Code 30-42-3(d) defines a contractor as a person who, for compensation and not as an employee of another, undertakes or offers to undertake or bids to construct, alter, repair, add to, subtract from, improve, move, wreck or demolish a building or structure, where the cost of the undertaking is $5,000 or more for residential work or $25,000 or more for commercial work. Legislative rule 28CSR2 at 3.36 defines undertaking as the entire construction project, including the cost of all labor and materials required to accomplish it. So the test is the whole job, not the line item, and not just your labor. A $4,600 bathroom refresh for a homeowner falls below the residential threshold. A $6,200 one does not. The same code section lists work that is not contracting at all. Painting and landscaping services for commercial or residential customers are excluded by 30-42-3(d)(6). Someone who merely furnishes materials without fabricating or consuming them on the project is excluded. A person who personally performs construction work on property that person owns or leases is excluded. Code 30-42-6(c) adds more exemptions, including work personally performed on a structure by its owner or occupant, work done by an employer's own regular employees on property the employer owns or leases that is not intended for speculative sale or lease, and repair work contracted on an emergency basis to restore equipment. A pest control operator loses the exemption once structural repairs on treated property exceed $1,000.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2wvclboard.wv.gov 3
Classifications a remodeler can hold
West Virginia licenses by classification, and the classification is what you may lawfully sell. Code 30-42-5(a)(1) names nine statutory classes: electrical, general building, general engineering, heating ventilating and cooling, multifamily, piping, plumbing, residential and specialty. Legislative rule 28CSR2 at 6.2 then lists the classifications the board actually examines, which is a longer list: concrete, electrical, excavation, general building, general engineering, heating ventilating and cooling, manufactured home installation, masonry, multifamily, piping, plumbing, remodeling and repair, residential, sprinkler and fire protection, structural steel erection, utilities, and any other specialty class the board decides warrants an examination. Remodeling has its own class. Rule 28CSR2 at 3.29 defines a remodeling and repair contractor as a contractor whose principal business is general remodeling, additions and repairs to existing structures requiring the use of two or more classifications, where the cost of the undertaking does not exceed $40,000. That class includes all rough and finish general carpentry work, the installation of related hardware and accessories, and all minor repairs and replacement of pre-manufactured items on existing structures. The board's Candidate Information Bulletin states the same scope and the same $40,000 ceiling. Related classes matter when you subcontract. Concrete, masonry, excavation and utilities each have their own definitions in 28CSR2, and a cease and desist order under 28CSR2 at 3.7 can be issued not only to an unlicensed person but to a license holder who performs work outside the classifications on the license.
Sourceswvclboard.wv.gov 1code.wvlegislature.gov 2code.wvlegislature.gov 3labor.wv.gov 4
Remodeling and Repair, Residential, or General Building
Choosing between the three classes a remodeler might hold is a pricing decision as much as a licensing one. Remodeling and Repair is capped. Rule 28CSR2 at 3.29 limits that class to undertakings that do not exceed $40,000, so a whole-house renovation priced above that ceiling is outside it. Residential has no stated ceiling. Rule 28CSR2 at 3.30 says a residential contractor is a contractor whose principal business is construction, repair or improvement of real property used or intended to be used for residential occupancy, and that a residential contractor is considered licensed for all classifications required in the construction, repair or improvement of a residential structure. Code 30-42-3(q) defines a residential structure as a building used or intended for residential occupancy that contains not more than three distinct floors above grade in any structural unit, whether it holds one living unit or several, and it excludes dormitories, hotels, motels and other transient lodging. Code 30-42-3(p) sets residential occupancy at periods greater than 30 consecutive calendar days. General Building is defined by 28CSR2 at 3.19 as a contractor whose principal business involves structures for the support, shelter and enclosure of persons or property, requiring more than two contractor classifications, or who supervises the whole or any part of the construction. Outside of work on a residential structure, the General Building scope does not include performing electrical, plumbing, heating ventilating and cooling, piping or general engineering work. An electrician's license under Code 29-3B is a separate requirement either way.
Sourceswvclboard.wv.gov 1code.wvlegislature.gov 2labor.wv.gov 3
Who in the company has to hold the license
The license attaches to a person and then qualifies a business. Code 30-42-6(a) says no firm, partnership, corporation, association or other entity may engage in contracting in West Virginia unless an officer of it holds a license issued under the article. Rule 28CSR2 at 3.28 calls that person the qualifier, meaning the individual who qualifies the entity by obtaining a passing score on the required examinations. A qualifier must be a member of responsible management as defined at 3.31, which covers corporate officers, general partners, limited liability company managers, managing partners and sole proprietors, or a full-time employee as defined at 3.18, meaning someone working a minimum of 30 hours per week under the contractor's control. The qualifier submits an affidavit certifying the use of his or her examination score so the entity can get an initial license or add a classification, and one entity may have multiple qualifiers. Score reuse is bounded. Under 28CSR2 at 5.3.1 a qualifier who passes may use the same score to qualify an additional entity where that person is also in responsible management, but under 5.3.4 a full-time employee may not use the same passing score to qualify an additional entity as a full-time employee. Code 30-42-7(b) allows only one business entity per license holder at a time. If a qualifier leaves, 28CSR2 at 4.5 gives the entity 45 calendar days to name a replacement, and failure can strip the classification or inactivate the license.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2wvclboard.wv.gov 3
The examinations
Every applicant tests. Rule 28CSR2 at 5.2 requires a written examination in each contractor classification sought plus a West Virginia business and law examination, and 6.1 sets the passing score at 70 percent on each examination, with re-examination allowed at the next regular session. Examinations are delivered by a private testing agent approved and certified by the board under 28CSR2 at 6.4, and the applicant pays the examination fees directly to that agent. The board's Candidate Information Bulletin names Prov as the testing agent, gives registration at provexam.com, and states that an examination costs $59.95 whether it is a first attempt or a retake. Testing is available at Prov centers and through a remote proctored option. The business and law paper is called the Contractor Licensing Act exam. The bulletin sets it at 90 questions in 3 hours, drawn from four documents: 37 questions on Code Chapter 30 Article 42, 10 on legislative rule 28CSR2, 24 on procedural rule 28CSR4 covering written contracts, and 19 on Code Chapter 21 Article 11A on construction defects. The Remodeling and Repair trade exam is 50 questions in 3 hours, weighted toward carpentry with 10 questions, then concrete, masonry, planning and estimating, finishes and safety at 5 each, roofing siding and insulation at 6, doors windows and stairs at 5, and sitework at 4. The Residential exam is 60 questions in 3 hours. Code 30-42-5(b)(1) requires quarterly sittings, and 28CSR2 at 6.3 requires at least 15 calendar days of notice.
Sourceswvclboard.wv.gov 1labor.wv.gov 2code.wvlegislature.gov 3
What the license costs
The state fee is small and the statute caps it. Code 30-42-7(a) says the applicant shall pay a license fee not to exceed $150, and Code 30-42-8(a) says the board shall establish application and annual license fees not to exceed $150. The board set the working number lower. Rule 28CSR2 at 5.4 requires any person wanting a license to pay the annual fee of $90 at the time of application. The one carve-out in that subsection is a sole proprietorship doing business only as an electrical contractor whose owner holds an electrician's license under Code 29-3B and proves it to the board, in which case the annual fee is $20. Code 30-42-7(a) sets the same $20 ceiling for already-licensed electrical contractors. Renewal is the same annual fee under 28CSR2 at 5.5, plus a penalty fee of $25 if the renewal application is received or postmarked more than 15 calendar days after the expiration date. A duplicate license carries a fee of up to $10 under 5.6. Examinations are billed separately by the testing agent, at $59.95 each according to the board's Candidate Information Bulletin, and a remodeler sitting the trade exam and the Contractor Licensing Act exam pays that twice. Before the license is issued, Code 30-42-5(e) requires the applicant to certify by affidavit compliance with the business franchise tax provisions of Chapter 11, registration and compliance with the workers compensation fund and the employment security fund, and compliance with the wage bond requirements of Code 21-5-14.
Sourceswvclboard.wv.gov 1code.wvlegislature.gov 2code.wvlegislature.gov 3code.wvlegislature.gov 4labor.wv.gov 5
Insurance, wage bonding and financial assurance
West Virginia does not set a general liability minimum for contractors in the Contractor Licensing Act. What it does instead is force disclosure. Procedural rule 28CSR4 at 4.1.9 requires every written contract to include a statement making the licensee and the owner confirm the licensee's disclosure of whether the licensee has a valid and current general liability insurance policy, and 4.1.10 requires the same confirmed disclosure for each subcontractor. A homeowner reading the board's own contract form therefore sees your coverage answer in writing. Bonding runs through labor law rather than licensing law. Code 21-5-14(a) requires every employer engaged in or about to engage in construction work to furnish a wage and fringe benefit bond before starting work, unless that employer has been doing business in West Virginia actively and actually engaged in construction work for at least one year immediately before posting. The bond equals the employer's gross payroll for four weeks at full capacity plus 15 percent of that total, and it moves up or down as payroll moves. The same subsection exempts an employer who has been in business in another state for at least five years, who has at least $100,000 in assets, or who is a subsidiary of a parent in business at least five years, and the commissioner may waive the bond for an employer of sufficient financial responsibility. After a proven violation, Code 30-42-15(a)(7) lets the board order financial assurance such as a surety bond or letter of credit, capped at the aggregate judgments, liens or corrective work involved, and removable after five complaint-free years. Charleston separately denies registration on an expired certificate of insurance.
Sourceswvclboard.wv.gov 1code.wvlegislature.gov 2code.wvlegislature.gov 3code.wvlegislature.gov 4charlestonwv.gov 5
Renewal, lapse and continuing education
West Virginia runs on your own anniversary, not a common renewal date. Code 30-42-8(a) says a license expires one year from the date on which it was issued. Code 30-42-5(d)(8) requires the board to notify licensees of renewal dates at least 30 days before expiration, and 28CSR2 at 5.5 repeats that with at least 30 calendar days of advance notice. Renewal means filing the renewal application on or before the expiration date, paying the annual fee, and letting the board verify that you are still in compliance with the tax, workers compensation, unemployment and wage bond certifications required by Code 30-42-5(e). Miss the date and the license lapses under Code 30-42-13(a). Rule 28CSR2 at 5.5 adds the $25 penalty fee once the renewal is more than 15 calendar days late. The hard stop is in the statute: no license that has lapsed for a period of 90 days or more may be renewed. Past that point a remodeler is applying again, not renewing, with the examinations that go with a new application. The statute carves out one relief valve, which is a licensee in a dispute with a state agency who is found not to be at fault, in which case the board shall renew. On continuing education, legislative rule 28CSR2 sets no annual hour requirement for contractors. Code 30-42-5(a)(4) authorizes rules on the continued competency of licensees, and Code 30-42-13(b) says that if continuing education is made a condition of reinstatement after lapse, suspension or revocation, it must be satisfied before the license is reissued.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2wvclboard.wv.gov 3code.wvlegislature.gov 4
Mandatory written contracts at $10,000
This is the rule that catches remodelers more than any other. Code 30-42-10(b) says no licensed person may perform contracting work of an aggregate value of $10,000 or more, including materials and labor, without a written contract setting forth a description and cost of the work, signed by the licensee and by the person for whom the work is to be performed. Procedural rule 28CSR4 at 2.2 defines aggregate value as the total combined cost of materials and labor for the entire project, including materials and labor furnished by the licensee and by subcontractors, and the cost of materials furnished by the owner. Owner-supplied tile and cabinets count toward the threshold. Rule 28CSR4 at 3 requires the written contract with the owner and a written contract with every subcontractor hired for the project, both before work starts. The required provisions at 4.1 are specific. They include your name and business address, the owner's name and the project address, a description of your work and materials, a description of work and materials from each anticipated subcontractor, materials the owner intends to furnish, the total project cost and a payment schedule, start and completion dates, a change-order clause requiring both signatures for any addition or modification, the general liability disclosure statements, your contractor license number and classifications, a statement that all workers on the project are legally authorized to work in the United States, and your workers compensation policy number and unemployment insurance account number. There is no required format, and the board publishes a model form as Appendix A. Failure to execute the contract is grounds for discipline under Code 30-42-15, and 28CSR4 at 6 gives you 10 days to hand copies to the board on request.
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The three-day right to cancel, and when it applies
West Virginia has no blanket cooling-off period for every remodeling contract. The right to cancel comes from the consumer credit statute and is tied to where the sale was solicited. Code 46A-2-132 gives a buyer the right to cancel a home solicitation sale until midnight of the third business day after the day the buyer signed the agreement or offer to purchase. Cancellation takes effect when the buyer gives written notice to the seller at the address stated in the agreement, no particular form is required, and a mailed notice counts when it is deposited properly addressed with postage prepaid. Code 46A-1-102(22) defines a home solicitation sale as a consumer credit sale in excess of $25 where the buyer receives the solicitation at a place other than the seller's business establishment at a fixed location and gives the agreement there. It excludes a sale made pursuant to prior negotiations at the seller's fixed business location. A kitchen deal closed at the homeowner's table on financing is squarely inside it. Code 46A-2-133 then controls the paperwork. In every home solicitation sale the seller must present a written agreement that dates the transaction as the day the buyer signed, that the buyer dates in the buyer's own handwriting, and that carries the statement under the conspicuous caption BUYER'S RIGHT TO CANCEL in the wording the statute prescribes. Until the seller fully complies, the buyer may cancel in any manner at all, with no deadline running. A Federal Trade Commission form carrying substantially similar information satisfies the section. The emergency exception in 46A-2-132 is narrow.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2code.wvlegislature.gov 3
Notice and opportunity to cure construction defects
West Virginia gives remodelers a statutory chance to fix a complaint before being sued, and the price of that protection is a notice you have to hand over at signing. Code 21-11A-5(a) says that upon entering into a contract for residential improvements, the contractor shall provide the property owner notice of the right of the contractor, subcontractor, supplier or design professional to offer to cure construction defects before the owner may start litigation. The notice must be conspicuous and may be included as part of the contract, and 21-11A-5(b) sets out the all-capitals wording, which tells the owner that at least 90 days before filing a lawsuit the owner must deliver a written notice of the alleged defective conditions and give the contractor an opportunity to offer to repair or pay. The process that follows is on a clock. The owner's notice of claim must be delivered no later than 90 days before filing an action. Within 14 days the contractor forwards copies to each subcontractor, supplier or design professional believed responsible. Within 30 days of the claim notice, each of them must serve a written response that either offers to settle without inspection, proposes an inspection, or disputes the claim. Within 14 days after an inspection, the response is an offer to remedy at no cost with a scope and timetable, an offer of money, or a refusal. The owner accepts no later than 30 days after the offer. Code 21-11A-2 lists what the article does not reach, including claims for $5,000 or less, claims against a contractor who is not licensed under Code 30-42, and claims against a contractor who failed to give the required notice. Skip the notice and you forfeit the cure right.
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Advertising, license numbers and job site posting
West Virginia puts your license number in your marketing by statute. Code 30-42-6(b) requires a licensee to keep the license or a copy posted in a conspicuous position at every construction site where the contractor is working, and it requires the contractor's license number to be included in all contracting advertisements and in all fully executed and binding contracts. A person who violates that subsection is subject, after hearing, to a warning, a reprimand, or a fine of not more than $200. The rule then defines the terms. Rule 28CSR2 at 3.2 defines advertisement as any means or method a contractor uses to promote the business to the general public, and adds that a contractor who maintains an internet website may direct potential customers to the contractor's online landing page for a link to the information Code 30-42-6(b) requires. That is a usable concession for small vehicle lettering and short digital ads. Rule 28CSR2 at 3.27 defines posting of the license as keeping a copy of each contractor's valid license on every job site where contracting work is being performed, readily available for inspection by the board or, on request, by the general public. Bids carry the number too. Rule 28CSR2 at 4.2 says no bid may be accepted by any person soliciting bids for construction unless it bears the contractor license number on its face. Rule 28CSR4 at 4.1.11 requires the license number and the classifications in the written contract. Your classification also limits your claims: a Remodeling and Repair holder should not market projects above the $40,000 scope ceiling.
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Penalties for unlicensed work, and the absence of a recovery fund
Enforcement starts with a stop order. Code 30-42-14(a)(1) requires the board, on determining that a person is contracting in West Virginia without a valid license, to issue a cease and desist order requiring that person to immediately cease all operations in the state, withdrawn when a license is issued. After an opportunity for hearing, 30-42-14(a)(2) allows a penalty of not less than $200 and not more than $1,000, and the board may accept payment in lieu of a hearing. Appeals go to the circuit court of Kanawha County or of the county where the person resides or does business, within 30 days of the final order. Continuing to contract after service of a cease and desist order is a misdemeanor under 30-42-14(b): a first offense draws a fine of $200 to $1,000, a second offense $500 to $5,000 or up to six months in jail or both, and a third or later offense $1,000 to $5,000 and confinement of 30 days to one year. Code 30-42-14(d) adds an administrative penalty of up to $200 per day, for each day of violation, where the total cost of the construction contract is $25,000 or more. Rule 28CSR2 at 3.7 extends cease and desist orders to a license holder performing work outside the classifications on the license. Board discipline under Code 30-42-15 runs from reprimand through limitations, remedial education, probation, suspension and permanent revocation, with a fine of up to $1,000. The Contractor Licensing Act creates no homeowner recovery or guaranty fund. A customer's routes are the cure process, the consumer credit statute, and a board order for financial assurance.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2wvclboard.wv.gov 3wvclboard.wv.gov 4
City and county requirements in the largest metros
The state license preempts local licensing but not local money or permits. Code 30-42-20 bars any municipality, local government or county from requiring an additional occupational license or other evidence of competence as a contractor from a holder of a valid current state license. Permits are a different matter. Code 30-42-10(a) requires anyone applying to a building inspector or other permitting authority to furnish proof of state licensure or file a written affidavit that the person is not subject to licensure, and bars the authority from issuing a building permit to a person without a valid license when one is required. Rule 28CSR2 at 4.4 repeats that for building code officials of any municipality, county or other political subdivision. Charleston shows what remains. The city's Construction Projects Handbook requires every contractor to register with the Office of the City Collector before starting contracting work and to be current on all city taxes and fees, and to register with and obtain a contractor's license from the City Building Department. All contracting work in the city is subject to a 2 percent Business and Occupation tax, projects estimated at $50,000 or more are tracked by the city's tax compliance staff, and a general contractor should withhold at least 2 percent of the final contract amount from subcontractors until the Collector issues a release. The Building Commission's licensing page lists grounds for denial that include an expired state contractor license, an expired certificate of insurance and delinquency with the City Collector, and says contractors who work without a permit face a minimum three-month license suspension. Statewide, the Tax Division requires a business registration certificate before any business activity, with a separate certificate for each location.
Sourcescode.wvlegislature.gov 1code.wvlegislature.gov 2wvclboard.wv.gov 3charlestonwv.gov 4charlestonwv.gov 5tax.wv.gov 6
How a customer verifies your license
West Virginia maintains a free public lookup, and a remodeler should treat it as part of the sales process. The Contractor Licensing Board's Contractor Search sits at wvclboard.wv.gov/verify/ and the page states that the site is updated in real time with the board's records, while also disclaiming any warranty of accuracy and putting the burden of assessing reliability on the user. The Division of Labor's Database Search page links to that same contractor search, alongside separate searches for currently certified plumbers, certified HVAC technicians, manufactured housing licensees, certified elevator inspectors and registered service companies, which is where a customer checks the trade people you bring onto a remodel. The board's own site also carries a Request for Investigation and consumer complaint route, published disciplinary actions and meeting minutes. Two statutory details make verification easy for the customer and risky for a sloppy contractor. Code 30-42-6(b) puts your license number in every contracting advertisement and in every fully executed and binding contract, and requires a copy of the license to be posted conspicuously on every job site. Rule 28CSR4 at 4.1.11 requires the license number and the classifications in the written contract. So a homeowner can take the number off your ad, your contract or your job site posting, type it into the board's search, and confirm three things: that the license is current, that the name on it matches the name on the contract, and that the classification covers the work being sold.
Sourceswvclboard.wv.gov 1labor.wv.gov 2wvclboard.wv.gov 3wvclboard.wv.gov 4code.wvlegislature.gov 5