Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-10-3 - Definitions3.1. "ACCT" means and refers to the Association for Challenge Course Technology, P. O. Box 47, Deerfield, IL 60015.3.2. "Act" means the Zipline and Canopy Tour Responsibility Act, W. Va. Code § 21-15-1et seq.3.3. "Certificate of inspection" means the permit to operate issued by the Commissioner, stating the name and location of the zipline or canopy tour owner or operator, the zipline or canopy tour device number, the type of device, the date of installation, the name of the installer and the date that operations may begin.3.4. "Commissioner" means the Commissioner of the West Virginia Division of Labor or his or her designated representatives.3.5. "Complete application" means an application that includes all the information required in section 5 of this rule.3.6. "Contested application" means an application that the Commissioner challenges, which can include, but is not limited to, incomplete information.3.7. "Device" means a zipline, a canopy tour or a challenge course.3.8. "Final action" means the issuance or denial of an application for a permit.3.9. "Imminent danger" means a practice or condition which could reasonably be expected to cause death or serious injury to participants, operators and/or the general public. 3.10. "Inspector" means a person employed by the Division who meets the training and experience requirements set forth in the ACCT Challenge Course and Canopy/Zip Line Tour Standards, Seventh Edition, Chapter 5, Section C or substantially equivalent training and experience requirements.3.11. "Serious injury" means an injury that is directly related to any mechanical, electrical, operational or structural malfunction of a zipline or canopy tour that results in death, loss of consciousness, or requires medical treatment other than first aid by a physician or other medical professional for which a record is created.3.12. "Special inspector certification" means the document issued by the Commissioner to a special inspector upon receipt of a complete application, certifying that the individual is qualified to inspect ziplines and canopy tours.3.13. "Unscheduled cessation of operation" means an unplanned cessation of operation of a zipline or canopy tour due to any mechanical, electrical, operational or structural malfunction, modification or adjustment or due to any environmental conditions, including weather.