Current through Register Vol. XLI, No. 50, December 13, 2024
Section 42-10-5 - Application for Permit to Operate Required; Permit Application Requirements; Permit Fee; Certificate of Inspection; Application Amendments5.1. Before beginning the operation of a zipline or canopy tour in West Virginia for participant use, the owner or operator shall submit a written application for a permit to operate at least 15 days before the first intended date of use and provide all information as the Commissioner may require on a form supplied by the Division.5.2. An owner of a zipline or canopy tour shall include the following information in the application: 5.2.a. The name, address, telephone number, email address (if applicable) and website address (if applicable) of the zipline or canopy tour operator;5.2.b. Identification of each device, including its location, dates of operation, date of installation, and the name and address of the installer of the zipline or canopy tour equipment;5.2.c. Documentation of a commercial general liability insurance policy covering claims for personal injury, death and property damages arising from the operation of a zipline or canopy tour in amounts not less than those specified in W. Va. Code § 21-15-3(4);5.2.d. The most recent inspection report prepared by an inspector or special inspector, including a certification that the inspection fee has been paid, or a request for inspection by the Division and a check for the inspection fee, as specified by W. Va. Code § 21-15-7(a).5.3. Unless waived by W. Va. Code § 21-15-7(a)(3), the fee for a permit to operate each separate zipline or canopy tour shall be $100.00.5.4. The preferred means of paying the application fee is by credit card.5.5. The Commissioner may not issue a permit to operate and a certificate of inspection until the zipline or canopy tour has been inspected by an inspector or special inspector and found to be in compliance with ACCT standards.5.6. Upon receipt of a complete uncontested application, the Commissioner shall issue a permit to operate and certificate of inspection within 30 days.5.7. If the application is contested by the Commissioner, he or she shall have 90 days to take final action on the application. 5.7.a. The Commissioner shall promptly notify the applicant in writing, either by mail or certified mail, return receipt requested, of the reasons for contesting the application and afford the applicant an opportunity to respond.5.7.b. If, after notice, the applicant fails to respond to the Commissioner's objections, the Commissioner shall deny the application.5.8. A permit to operate a zipline or canopy tour and certificate of inspection shall expire annually on December 31st.5.9. A permit to operate and certificate of inspection is valid only for the zipline or canopy tour registered with the Commissioner. 5.10. An owner of a zipline or canopy tour shall submit any amendment to the application to the Commissioner at least 24 hours before the first intended date of use of the zipline or canopy tour.