Current through Register Vol. XLI, No. 50, December 13, 2024
Section 169-4-1 - General1.1. Scope. Pursuant to Chapter 24E, Article 1, Sections 6, 7, and 9(a) of the West Virginia Code, the West Virginia Statewide Addressing and Mapping Board does hereby adopt the following rules establishing standard fees for the license of its planimetric elevation data. These rules do not establish fees for hydrology, roads, railroads, structures or other planimetric data sets.1.2. Authority. W. Va. Code §§ 24E-1-6, 7 & 9(a); 29A-3-15.1.3. Filing Date. -- May 10, 2006.1.4. Effective Date. -- May 11, 2006.1.5. Application. 1.5.a. Planimetric Elevation Data. These rules establish standard fees for planimetric elevation data. The fees established by these rules are reasonable and, to the extent possible, are based on cost.1.5.b. Other Planimetric Data. These rules do not establish fees for hydrology, roads, railroads, structures or other planimetric data sets created expressly for the statewide addressing and mapping project. Nothing in these rules, however, prevents the Board from entering into agreements governing the release of those data, or any portion of those data, if otherwise lawful and expressly approved by the Board.1.5.c. Waiver. If these rules result in an unreasonable or undue hardship, application may be made to the Board for temporary exemption from these rules under the circumstances for which application is made, for unreasonable or undue hardship and good cause shown. The Board may also grant waivers upon its own motion.1.6. Definitions.1.6.a. "Board" means the West Virginia statewide addressing and mapping board.1.6.b. "Emergency services purposes" means use for 9-1-1 or enhanced 9-1-1 ("E9-1-1") dispatch and response.1.6.c. "Fund" means the West Virginia statewide addressing and mapping fund.1.6.d. "Planimetric Elevation Data" means the digital mass point and breakline elevation data derived from photogrammetric interpretation of the surface terrain of West Virginia. The data are to be provided in either a Microstation or ESRI shapefile format to be used in a computer-aided drafting ("CAD") program or geographic information sytem ("GIS").1.6.e. "Project" means the project for the creation of a statewide addressing and mapping system for emergency services purposes, but usable as a base for other purposes, in accordance with and consistent with Chapter 24E, Article 1 of the West Virginia Code.1.6.f. "Project manager" means the project manager hired by the Board for the Project.1.6.g. "Public agency" means any municipality, county, public district or public authority that provides or has the authority to provide firefighting, police, ambulance, medical rescue or other emergency services.1.6.h. "Statewide Addressing and Mapping System" or "the System" means the system to be created as a result of the Project, with the participation of public agencies and other entities, including, without limitation, the establishment of city-style addressing and mapping systems essential to the prompt and accurate dispatch of emergency service providers. The terms "Statewide Addressing and Mapping System" and "the System" also include any local modifications that may be made to the System in order tailor it to meet specialized local concerns.