West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-07 - Cultural Facilities And Capital Resources Grant Program › Section 82-7-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"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.