How to Start an Assisted Living or Personal Care Home in West Virginia: OHFLAC and Fire Marshal Approval

If you want to know how to start an assisted living business in West Virginia, the approval that controls everything is the license from the Office of Health Facility Licensure and Certification (OHFLAC), which operates within the Office of the Inspector General. Company formation, zoning, staffing, and the building itself all have to line up with that license. This guide walks through the process in the order you should handle it, with the fees the state publishes and the points you still need to confirm with the agency that handles them.

Disclaimer: This article is informational content, not legal, tax, or licensing advice. Rules, fees, and agency procedures change. Confirm every figure with the agency named here, and talk to a West Virginia attorney and a certified public accountant (CPA) before you sign a lease, buy a building, or hire staff.

What the License Covers

West Virginia defines an assisted living residence as a home with four or more residents who need personal assistance or supervision and no more than limited, intermittent nursing care. Under W. Va. Code 16B-5 and 71 CSR 21, that residence needs an OHFLAC license. The rules were rewritten effective May 1, 2026. If a guide cites the older 64 CSR 14, it is out of date.

Personal care homes fall under this same license. Residential care communities under W. Va. Code 16B-9 are a different category: they are 17 or more apartments inside an independent living community. A standalone home will not fit that description, but confirm the category with OHFLAC before you commit to a building.

The license covers one residence and one location. It is not transferable and is valid for up to one year. A second home needs its own application.

Before you spend money on property, ask the West Virginia Health Care Authority whether a Certificate of Need applies to your project. Do not assume a small project is exempt. Ask for the answer in writing.

Materials and Information You Will Need

Gather these before you file anything. Most delays come from missing documents, not from the agencies.

• Articles of Organization (Form LLD-1) if you form a limited liability company, plus a written operating agreement
• A business name that meets West Virginia naming rules and is not already registered or reserved with the Secretary of State
• A property you can lawfully use as a residence, with a floor plan showing bedrooms, bathrooms, exits, and common areas
• An administrator candidate who is at least 21 and holds a WV CARES fitness determination
• A staffing plan, resident admission policy, and written description of the care services you will provide
• A budget covering filing fees, inspection costs, renovation, insurance, and several months of operating expenses before revenue arrives
• Contact details for your city or county planning office and your city business license office

Step-by-Step: From Entity to Open Doors

1. Confirm the license category and the Certificate of Need question. Call OHFLAC at 304-558-0050 (1 Players Club Drive, Suite 301, Charleston). Describe the number of residents you plan to serve, the services you will provide, and whether any nursing care is involved. Ask which category your project falls into. Then ask the Health Care Authority about the Certificate of Need. Write down the name of each person you speak with and the date of the call.
2. Form your company with the Secretary of State. File Articles of Organization (Form LLD-1) through the WV One Stop Business Portal at https://business4.wv.gov/ or through the Secretary of State at https://sos.wv.gov/business. The filing fee is $100. Standard processing takes 5 to 10 business days. Expedited options cost extra: in person same day for $25, next business day for $25, 2 hour for $250, and 1 hour for $500, each added to the filing fee. Online filings add a $1.00 portal processing fee. Your name must include 'limited liability company', 'limited company', or an accepted abbreviation such as LLC, and it must be distinguishable from every other registered or reserved name. To hold a name while you work through the other steps, a name reservation costs $15 and lasts 120 days. Form LLD-1 asks for a registered agent only 'if any,' so an agent is optional. Naming one is your choice.
3. Register any trade name you will use. If the home will operate under a name other than the company's legal name, file a trade name registration (DBA) with the Secretary of State, not the county clerk. For an LLC the fee is $25, plus a $1.00 online processing fee if you file through the One Stop Business Portal. Use the same name on your OHFLAC application, your signage, and your resident agreements.
4. Get your Business Registration Certificate. Every individual or business entity must obtain a Business Registration Certificate from the State Tax Division before engaging in business activity. The one-time fee is $30. File on Form WV/BUS-APP or online at https://business4.wv.gov/. Each fixed business location needs its own certificate, and the certificate stays in effect until the business name, location, or ownership changes. Forming the LLC does not replace it. West Virginia has no general statewide business license, so this certificate and the OHFLAC license are the state registrations to track.
5. Clear the site and the local approvals. Zoning is decided locally, and West Virginia has 55 counties and 230 incorporated places. Ask the planning office whether residential care use is allowed in your zone and whether any additional approval or permit applies. Ask the city business license office about its license and its gross-receipts business and occupation (B&O) tax. In West Virginia the B&O tax on shops and services is levied by cities, not the state, and cities also charge a weekly per-worker city service fee. Rates vary by city, so get the current figures in writing. Ask whether your city is one of the 101 municipalities that add a 1% sales tax to the 6% state rate. That count rises to 107 municipalities on January 1, 2027.
6. Check trade licenses for any renovation. The Contractor Licensing Board requires a license above $5,000 of residential work or $25,000 of commercial work. A conversion may be classed either way, so confirm which threshold applies before work starts. Electricians are licensed through the State Fire Marshal, and plumbers and HVAC technicians through the Division of Labor.
7. Designate your administrator. The administrator must be at least 21 and hold a WV CARES fitness determination. Larger residences also require an associate degree or equivalent. Confirm the size threshold with OHFLAC before you make a job offer. Choose someone who can be present for daily operations and whose credentials you can document.
8. Get the State Fire Marshal recommendation. OHFLAC requires a State Fire Marshal recommendation before it licenses a residence. Start early, because the Fire Marshal reviews the building, and changes made during renovation may require another review. Bring your floor plan, your planned occupancy, and any evacuation plan you have drafted. Ask the Fire Marshal's office how to request the review, what it inspects, and what it costs. This guide does not state a Fire Marshal fee, so confirm it with the agency before you budget.
9. File the OHFLAC application at least 90 days before opening. The application fee is $65, plus the cost of the initial inspections. Confirm the inspection charge with OHFLAC. Apply at least 90 days before the date you plan to admit your first resident, and do not admit anyone before the license is issued. Expect the agency to inspect the home before it licenses the residence, and fix any findings in writing with proof of each correction.
10. Calendar the renewal. The license is valid for up to one year, and you must renew at least 90 days before it expires. The annual renewal fee is $10.42 per licensed bed. A home licensed for 20 beds would pay $208.40 at that rate. Build this into your annual budget. Also file your LLC annual report with the Secretary of State each year between January 1 and June 30 for $25. Filings after June 30 cost $75 because of a $50 late fee.

Costs at a Glance

This table lists only the figures verified for this guide. Where a figure is missing, confirm it on the agency's page or by phone.

Item	Amount	Agency	Notes
Articles of Organization (Form LLD-1)	$100	Secretary of State	Expedited options cost extra
Name reservation	$15	Secretary of State	Holds the name for 120 days
DBA for an LLC	$25, plus $1.00 online	Secretary of State	Only if you use a trade name
Business Registration Certificate	$30, one time	State Tax Division	One per fixed location
Annual report	$25, or $75 after June 30	Secretary of State	Filed January 1 to June 30 each year
OHFLAC application	$65, plus initial inspections	OHFLAC	Confirm the inspection charge
OHFLAC annual renewal	$10.42 per licensed bed	OHFLAC	20 beds would be $208.40
State Fire Marshal recommendation	Confirm with agency	State Fire Marshal	Required before licensing
Contractor license	Confirm with agency	Contractor Licensing Board	Thresholds: $5,000 residential, $25,000 commercial
City business license and B&O tax	Confirm with city	Your city	Rates vary by city
Certificate of Need	Confirm whether it applies	Health Care Authority	Ask before buying property

Common Mistakes to Avoid

• Using the old rules. Guides citing 64 CSR 14 predate the May 1, 2026 rewrite under 71 CSR 21. Build your plan from the current rule.
• Treating the LLC filing as your license. Forming the company is a filing, not a license. You still need the OHFLAC license and the Business Registration Certificate.
• Applying late. An application filed fewer than 90 days before your target opening moves the date, and your move-in promises need to move with it.
• Buying the building first. Get the Certificate of Need answer, the zoning answer, and the Fire Marshal's guidance before you close. Fixing a zoning or fire problem after purchase is usually harder than solving it before.
• Confusing the categories. A personal care home sits under the OHFLAC license. A residential care community under 16B-9 requires 17 or more apartments inside an independent living community. Settle the category before you draw plans.
• Forgetting recurring costs. The annual report, the per-bed renewal, and the city charges belong in your budget, not just the startup line.
• Assuming a city license covers the state. City business licenses and B&O taxes are separate from the state Business Registration Certificate and from OHFLAC.

What Results to Expect

If you follow this sequence, you may reach a point where the company is formed, registered, inspected, and licensed, and ready to admit residents. The date depends on the agency's review schedule, the work your building needs, and how long the Fire Marshal's review takes. Treat the 90-day minimum as the earliest realistic lead time for the OHFLAC application, not a guaranteed opening date. Owners who settle zoning and Fire Marshal questions early may find it easier to set a firm opening date.

A license does not guarantee occupancy or revenue. Plan your finances for a period before enough residents arrive to cover costs.

Where to Get Help

• West Virginia Secretary of State, business filings: https://sos.wv.gov/business. Search existing names at http://apps.sos.wv.gov/business/corporations/.
• West Virginia Tax Division, Business Registration Certificate: https://tax.wv.gov/
• West Virginia Small Business Development Center: https://wvsbdc.com/
• U.S. Small Business Administration, West Virginia district: https://www.sba.gov/district/west-virginia
• OHFLAC, Office of the Inspector General: 1 Players Club Drive, Suite 301, Charleston, 304-558-0050

Before you sign a lease or buy a building, talk to a West Virginia attorney about the entity and its operating agreement, and to a CPA about how the company and its members will be taxed. Those conversations are worth having before any application is filed. This article is informational only and is not legal or tax advice.