Current through Register Vol. XLI, No. 50, December 13, 2024
Section 82-7-2 - Definitions2.1. "Checklist" means that portion of the Application Instructions which enumerates the required components of a complete application.2.2. "Commission" means the West Virginia Commission on the Arts established by W. Va. Code § 29-1-3.2.3. "Durable Equipment" means industrial products, including intermediate materials, which have a life of a year or more and that contribute significantly to an applicants ability to deliver services to the public through projects that fall within the priorities of this grant program.2.4. "Feasibility Study" means, for new construction projects, a report which includes architectural, socioeconomic, construction contracting, cultural, marketing, and financial analysis; and, for renovation projects, a report which consists of discussion of the applicant's ability to complete the project and to implement the proposed programs.2.5. "Grant Period" means the twelve month period running from July 1 through June 30, during which all grant funds must be expended, normally the next fiscal year, following the approval of an award by the commission: Provided, that, a request for an extension of not greater than one hundred twenty days may be made in writing to the director of arts and upon good cause shown, the director may grant the extension.2.6. "History Museum" means a public or private nonprofit institution which is organized on a permanent basis for essentially historical, educational or aesthetic purposes and which, using a professional staff, owns or uses tangible objects, cares for these objects and exhibits them to the general public on a regular basis; an institution is using a professional staff if it employs at least one staff member, or full-time equivalent, whether paid or unpaid, who is primarily engaged in the acquisition, care, or exhibition to the public of objects owned or used by the institution; an institution is exhibiting objects to the public if it exhibits the objects through facilities which it owns or operates; an institution which exhibits objects to the general public for at least 120 days a year shall be considered to meet this requirement.2.7. "Panel" means one or more persons selected by the director of arts to read and review applications for grants and may include members of the commission and others with expertise in architecture, design, construction, and technical aspects of the arts disciplines and history museums.2.8. "Required Attachments" means the required submissions detailed in subdivision 4.2 of this rule, including an audit, proof of undisturbed use, feasibility study, compliance with Section 504 and ADA regulations, compliance with National Register of Historic Places regulations, reduction of current architectural plans, and list of local private and public persons and organizations in support of the project.2.9. "Undisturbed Use" means that projects involving the purchase or renovation of real or personal property require either proof of ownership, and option to purchase, or a long term lease with minimum terms of undisturbed use for consideration of a grant are as follows: (a) for Equipment and capital fixtures (not office furniture), 10 years; (b) for Building Renovation or Improvements, 20 years; (c) for an Increase of square footage 30 years; (d) for Building Construction (land is leased) 40 years. For purposes of meeting this requirement, the period of a renewal option contained in the current lease will be considered by the commission, provided the renewal does not require landlord approval.