(a) On and after July 1, 2007, no private residence elevator may be installed in a nonresidential setting.(b) A private residence elevator installed in a nonresidential setting which was in use on July 1, 2007, may continue in use so long as the elevator:(1) Meets the specifications as set forth in the American Society of Mechanical Engineers (ASME) Safety Code for Elevators and Escalators A17.1 5.3 'Safety Code for Elevators';(2) Has a method of two-way communication between the car and each floor served by the elevator;(3) Is operated automatically; and(4) Is inspected annually by an inspector and is issued a certification of operation by the division.(c) New residential elevators shall undergo an acceptance test performed by an inspector, and the inspector shall file a report of the test with the division.(d) An elevator in a residential property shall be inspected by an inspector when the residential property is transferred, and the inspector shall file a report of the inspection with the division.
West Virginia Legal Code