West Virginia Code 21-15-7 – Inspection and permit fees
(a) The division shall charge inspection and permit fees. The annual permit fee is $100 for each zipline or canopy tour.
Terms Used In West Virginia Code 21-15-7
- Commissioner: means the labor commissioner or his designated agent. See West Virginia Code 21-3A-2
- Division: means the West Virginia Division of Labor. See West Virginia Code 21-15-2
- Operator: means any person, partnership, corporation or other commercial entity and their agents, officers, employees or representatives, who has operational responsibility for any zipline or canopy tour. See West Virginia Code 21-15-2
- Special inspector: means a professional inspector who meets the qualifications set forth in ACCT or substantially equivalent standards and is certified by the division pursuant to section eight. See West Virginia Code 21-15-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Zipline: means a commercial recreational activity where participants, by the use of a permanent cable or rope line suspended between support structures, enables a participant attached to a pulley to traverse from one point to another, for the purpose of giving the participants amusement, pleasure, thrills or excitement. See West Virginia Code 21-15-2
(1) The annual inspection fee, if an inspection is to be done by the division, is $100 for each zipline or canopy tour.
(2) The annual inspection fee, if an inspection is to be done by the division, is due at the time of application for the annual permit.
(3) The division shall waive the inspection fee for a zipline or canopy tour whose operator provides proof of nonprofit business status or for any zipline or canopy tour whose operator provides proof that an inspection has been completed within the last year by a certified special inspector as provided in § 21-15-9 of this code.
(b) The division may charge additional inspection fees equal to the annual inspection fee for additional inspections required as the result of the condemnation of a device for safety standards violations and for inspections required as a result of accidents involving serious or fatal injury. If any operator requires an inspection as the result of a violation of the permitting requirements of § 21-15-9 of this code, the division shall charge the operator $75 per hour in addition to the established inspection fee, including travel time.
(c) All fees paid pursuant to this article shall be paid to the Commissioner of Labor and deposited in an appropriated special revenue account in the State Treasury known as the Amusement Rides and Amusement Attractions Safety Fund and expended for the implementation and enforcement of this article. Through June 30, 2019, amounts collected which are found from time to time to exceed funds needed for the purposes set forth in this article may be utilized by the commissioner as needed to meet the division’s funding obligations: Provided, That beginning July 1, 2019, amounts collected may not be utilized by the commissioner as needed to meet the division’s funding obligations.
(d) No inspection fee may be charged public agencies.