reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-9 - Non-Emergency Purchasing $10,000.01 to $50,000.00

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. For non-emergency purchases between
				$10,000.01 and $30,000.00, a minimum of three verbal or written bids are
				required, when possible
,
and the lowest bid meeting
				specifications must be awarded the purchase order/contract unless there are
				extenuating circumstances. A price from an internet site may be considered a
				bid, as long as it includes all relevant costs, including shipping and any
				other fee associated with the product. All bids must be documented and present
				in the file. A "no bid" is not considered a bid. Required documentation
				includes, but is not limited to, signed and completed purchase requisition,
				invoice or receipt, receiving report or packing slip, a copy of the contract
				front sheet showing item numbers and pricing page(s), if applicable.
9.2. For non-emergency purchases between
				$30,000.01 up to and including $50,000.00, a minimum of three signed written
				bids are required, when possible
,
and the lowest bid meeting
				specifications should be awarded the purchase order/contract unless there are
				extenuating circumstances. Required documentation includes Agency terms and
				conditions, WV-96 (if vendor terms and conditions are involved), Purchasing
				Affidavit, Non-Conflict of Interest form, vendor verification in VCUST, and a
				copy of the contract front sheet showing item numbers and pricing page(s), if
				applicable.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-10 - Purchasing over $50,000.00

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. For
				non-emergency purchases over $50,000.00, the State Police will transact and
				work directly with the DAS - Purchasing Section. Purchases of this type will be
				accomplished using Requests for Quotation ("RFQ"), Requests for Proposals
				("RFP"), Expressions of Interest ("EOI") or Direct Award
				solicitations.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-11 - Purchasing Methods

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1
				Direct Award:
11.1.1. A direct award is a
				procurement method that provides a contract to a vendor without competitive
				bidding. Solicitation and competition are preferred, but direct awards may be
				made if all of the following circumstances exist:
11.1.1.a. Written justification documenting
				that the direct award is in the best interest of the State Police;
11.1.1.b. When there is no other source or
				that no other source would be willing or able to replace the existing source
				without a detrimental effect on the spending unit; and
11.1.1.c. No other vendor expresses an
				interest in providing the commodity in question.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-12 - Vendor Compliance

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Prior to an award, a vendor must comply with the following requirements, and,
				if applicable, documentation verifying compliance shall be retained in the
				file:
12.1.1. Purchasing Division Registration
				as set forth in Subection 7.1 of this rule.
12.1.2. Workers' Compensation/Unemployment:
				In accordance with West Virginia Code §
										21A-2-6, verification of current
				unemployment fee status and Workers' Compensation coverage is required to
				ensure the vendor is not in default with Workers' Compensation and Employment
				Compensation.
wv
OASIS automatically verifies compliance prior
				to award.
12.1.3. Federal
				Debarment: Verification that the vendor is not debarred by the federal
				government.
wv
OASIS automatically verifies this federal
				compliance prior to award.
12.1.4.
				State Debarment: Verification that the vendor is not debarred by the State of
				West Virginia. The Purchasing Division maintains a list of vendors debarred by
				the state of West Virginia, which may be accessed at
ww.state.wv.us/admin/purchase/debar.html
.
				This must be verified for compliance prior to award.
12.1.5. Secretary of State: Unless a waiver
				is obtained from the Secretary of State's office, every in-state vendor must
				have a certificate of authority and be in good standing with Secretary of
				State's office. Out of State Vendors only need to register with the Secretary
				of State under certain conditions. To search for a business or corporation with
				the Secretary of State's office, visit
http://apps.sos.wv.gov/business/corporations
.
				Any vendor that cannot be found or shows a status of "revoked" or "dissolved"
				is not eligible for award until the issue is resolved. Agencies must verify
				this compliance manually prior to award and include a copy of the relevant
				records on the contract purchasing file.
12.1.6. Other: In accordance with the W. Va.
				Code St. R. §
										148-1-6.1.5, the vendor must be
				licensed and in good standing with all state and local laws and complete a
				Purchasing Affidavit, and an Agreement Addendum (WV-96), as
				applicable.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-13 - Tie Bids

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. When
				purchasing commodities, occasionally two or more bids of equal terms and amount
				are received in response to a solicitation, thus, resulting in a
tie
				bid
. If multiple awards are not made, the tie bid(s) must be resolved.
				When tie bids are received, the Assistant Director - DAS Purchasing Section
				shall break the tie by allowing the tied vendors to make a best and final
				offer, flip of a coin, draw of the cards, or any other impartial method
				considered prudent by the Assistant Director - DAS Purchasing Section. The
				means selected to break the tie is determination made at the sole discretion of
				the Assistant Director- DAS Purchasing Section and is not subject to appeal or
				protest.
13.2. A non-interested
				party witness must be present when resolving the tie. Documentation of the
				method and results, with signatures of all witnesses, must also be included in
				the file. Vendors affected by the tie shall be notified and given an
				opportunity to attend the tie breaker.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-14 - Multiple Awards

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				State Police may elect to award a contract to more than one vendor when the
				Assistant Director - DAS Purchasing Section determines such action would be in
				the best interest of the State Police. In arriving at a determination, the
				Assistant Director - DAS Purchasing Section shall consider the following
				factors, insofar as they are applicable:
14.1.1. The quality, availability, and
				reliability of the commodities and their adaptability to the particular use
				required;
14.1.2. The ability,
				capacity, and skill of the bidder;
14.1.3. The sufficiency of the bidder's
				financial resources;
14.1.4. The
				bidder's ability to provide maintenance, repair parts, and service;
14.1.5. The compatibility with existing
				equipment;
14.1.6. The need for
				flexibility in evaluating new products on a large scale before becoming
				contractually committed for all use; and
14.1.7. Any other relevant factors.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-15 - Addenda

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. During the
				bid process, it may be necessary to for the Procurement Section or DAS
				Purchasing Section to alter bidding documents. To facilitate a change to a
				solicitation after issuance for bid in
wv
OASIS, a formal
				written addendum is required.
15.2.
				A formal addendum is necessary to add, delete, or change specifications or
				attachments; provide a copy of the pre-bid attendee list; answer technical
				questions, requests for clarification or requests for product substitutions (on
				construction projects); extend or alter bid schedule dates/times; or any other
				such change to the issued bidding documents.
15.3. The following should also be included
				where applicable:
15.3.1. Specification
				changes, additions, or noted deletions;
15.3.2. Pre-bid attendee list;
15.3.3. An attachment listing each technical
				question with a corresponding answer; and
15.3.4. Revised or added sketches, drawings,
				and/or charts.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-16 - Necessary documents for all purchases where a contract is involved

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Purchasing
				Affidavit.
16.2. Agency Terms and
				Conditions.
16.3. Agreement
				Addendum (WV-96) (required when vendors submit alternate terms and condition
				with their bid).
16.4. Drug Free
				Affidavit (for certain construction projects).
16.5. Certification of Non-Conflict
				Form.
16.7. Interested Party
				Disclosure Form: W. Va. Code §
									6D-1-2 requires that for contracts
				with an actual or estimated value of at least $1,000,000.00, the vendor must
				submit to the Procurement Section or DAS Purchasing Section a disclosure of
				interested parties to the contract, prior to contract award. Additionally, the
				vendor must submit to the Procurement Section or DAS Purchasing Section a
				supplemental disclosure within 30 days of contract completion or termination.
16.7.1. The disclosures must occur on the
				form prescribed and approved by the West Virginia Ethics Commission. To access
				this form, visit the West Virginia State Purchasing Division's intranet at
http://www.state.wv.us/admin/purchase/forms.html
.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-17 - Negotiation When All Bids Exceed Available Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. If all bids meeting requirements exceed
				the budgeted amount, the State Police may negotiate a lower price within budget
				with the lowest bidder. If the negotiation does not lead to the budget amount
				being met, the DAS - Purchasing Section may negotiate a lower price with the
				next lowest bidder and continue negotiations with participating bidders after
				negotiation closes with the preceding bidder.
17.2. Discussion and Final Offers:
17.2.1. As provided in the bid solicitation,
				the Assistant Director - DAS Purchasing Section may conduct discussions to
				obtain best and final offers from bidders to assure full understanding of
				solicitation requirements. If the Assistant Director - DAS Purchasing Section
				determines that a best and final offer is necessary from one vendor, all
				vendors shall be afforded the opportunity to provide best and final offers. All
				best and final offers shall be treated like a formal bid, except that
				advertising is not required. All bidders shall provide their best and final
				offers to the Assistant Director - DAS Purchasing Section prior to the date and
				time specified.
17.2.2. Government
				construction contracts, supplies, and materials are exempt from this
				negotiation method.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-18 - Pre-Bid Conferences

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Regardless of the procurement method used, the Procurement Section or DAS
				Purchasing Section shall consider conducting pre-bid conferences on high
				dollar, complex acquisitions early in the bid process to provide an opportunity
				to explain and clarify critical aspects of the solicitation, eliminate
				misunderstandings, and encourage vendor participation.
18.2. The Assistant Director DAS - Purchasing
				Section, who is trained in and knowledgeable of the procurement process, should
				attend all pre-bid conferences.
18.3. Vendor attendance at conferences may be
				optional or mandatory, as described in the bid document. If mandatory
				attendance is required, only bids or proposals from those vendors represented
				at the conference will be accepted. If participating vendors sign the official
				"sign-in sheet" while the meeting is in progress, then the vendors will be
				treated as if they were present for the entire conference and will be deemed to
				have the knowledge that they would have had if attending the entire conference.
				Teleconference attendance is prohibited unless specified in the bid
				document.
18.4. "Sign-in sheets"
				for mandatory pre-bid conferences should contain the following: name of
				company, person attending (signature and printed name), address, telephone
				number, and facsimile number. If the pre-bid conference is held by
				teleconference, a report generated from the teleconference service that details
				attendance will be an acceptable sign in sheet.
18.5. The header information on the sheets
				should include the requisition number and the date and time of the pre-bid
				conference. The original sheet must be filed in the bid file maintained at
				either the Procurement Section or DAS Purchasing Section. No one individual may
				represent more than one vendor.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-19 - Architectural and Engineering Projects

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Architectural and engineering services
				must be procured in accordance with West Virginia Code §
									5G-1-1
et seq
.
				These procurements are unique in a number of respects, most notably that cost
				is not submitted in the vendor's response and that the normal delegated limits
				previously discussed do not apply. West Virginia Code §
									5G-1-1
et seq.
creates a distinction between procurements on projects of $250,000.00 or less
				and those that exceed $250,000.00. In both cases, however, the final contract
				must be processed by the DAS - Purchasing Section.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-20 - Changes and Cancellations

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
				All contracts must contain a term that the State may cancel a Contract
				immediately if the legislature does not provide adequate funding for the
				contract.
20.2. All contracts shall
				contain a term stating that the State Police may cancel a contract upon the
				issuance of a 30 day notice of cancellation, for any or no reason.
20.3. Administrative changes to contracts may
				be made after the fact with subsequent approval by the Assistant Director - DAS
				Purchasing Section. However, it is preferred that such changes be made in
				advance, whenever possible. Examples of administrative changes include:
20.3.1. Changing a vendor name;
20.3.2. Changing a vendor's
				address;
20.3.3. Correction of a
				clerical mistake made by the state;
20.3.4. Contract closeout where the quantity
				required was originally unknown or estimated, unit prices were included in the
				original contract, unit prices are not modified as part of the change order,
				and the quantity required was less than originally anticipated;
20.3.5. Inclusion of the Notice to Proceed
				documentation, if applicable; and
20.3.6. Any other administrative change not
				included may be approved by the Assistant Director - DAS Purchasing Section on
				a case-by-case basis.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-21 - Lease Purchases

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. A
				lease purchase contract is a contract that includes periodic lease payments,
				and in some cases a final lump sum payment, with ownership of the equipment
				being vested in the State Police immediately or at the lease term expiration.
				The minimum purchase cost to consider a lease-purchase as an option is
				$500,000.00 unless the Superintendent grants an exception to this minimum
				amount. A letter of justification must be prepared, signed by the Purchaser and
				submitted to the Procurement Section or the DAS - Purchasing Section prior to
				any attempt to enter into a Lease Purchase.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-22 - Purchase of Goods from Correctional Industries

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. All articles or products which are
				produced or manufactured by Correctional Industries must be purchased from
				Correctional Industries in accordance with W. Va. Code §
									25-7-5.
22.1.1. Correctional Industries may grant an
				exemption to this requirement as per W. Va. Code §
										25-7-6 when a correctional
				industries article or product does not meet the reasonable requirements of the
				State Police, or when the requisition cannot be fulfilled because of
				insufficient supply or other reason.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-23 - Purchases Made with Grant Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. If a grant or a portion of a grant
				awarded to the state does not require the procurement of commodities and the
				State Police uses all or a portion of the grant for the procurement of
				commodities that will not directly benefit the State Police, the procurement is
				exempt from the competitive bidding requirements.
23.2. In accordance with W. Va. Code §
									5A-3-11(i):
23.2.1. A grant awarded by the state is
				exempt from the competitive bidding requirements unless the grant is used to
				procure commodities that directly benefit the State Police.
23.2.2. If a grant awarded to the state
				requires the procurement of commodities that will directly benefit the State
				Police, the procurement is not exempt from the competitive bidding
				requirements.
23.2.3. If a grant
				awarded to the state requires the state to transfer some or all the grant to an
				individual, entity, or vendor as a subgrant to accomplish a particular purpose
				and no contract for commodities directly benefitting the State Police will
				result, the subgrant is not subject to the competitive bidding
				requirements.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-24 - Information Technology Equipment, Services, and Software

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1. W. Va. Code §
									5A-6-1
et seq
.,
				provides that the Chief Technology Officer (CTO) may evaluate and make
				recommendations on the design and suitability of Information Technology (IT)
				equipment and related services, and may review and make recommendations on the
				purchase, lease, or acquisition of information equipment, and contracts for
				related services, including temporary IT staffing by all state spending
				units.
24.2. Please reference West
				Virginia Office of Technology CTO Policy # CTO-19-001 for guidance, which can
				be found at
https://technology.wv.gov/security/Pages/policies-issued-by-the-cto.aspx
.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-25 - Quality Assurance

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. The
				State Police establishes the quality level by the specifications, and the
				Procurement Section or DAS Purchasing Section seeks to reduce cost and maintain
				quality through the competitive bid process. The Procurement Section or DAS
				Purchasing Section will perform an evaluation of the offers by bidders to
				obtain maximum benefit for the tax dollars spent. The vendor's responsibility
				is to provide the quality level established by the specifications and accepted
				by the State Police.
25.2. Proper
				Acquisition Planning:
25.2.1. The Purchaser's
				first step is to determine the commodity that is needed, the quantity, the
				quality level, delivery location, and time frame. The Purchaser must also
				conduct adequate market research to allow for preparation of
				specifications.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-26 - Impossible to Bid List

Current through Register Vol. XLI, No. 28, July 12, 2024
26.1.
				Competitive Bidding Not Required:
26.1.1.
				Purchaser may purchase the commodities on the list directly from the vendor and
				are not required to have contracts for the purchase of those items approved by
				the State Police unless otherwise noted or listed on the West Virginia
				Purchasing Division's Impossible to Bid List with the applicable
				item.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-27 - Protests

Current through Register Vol. XLI, No. 28, July 12, 2024
27.1. All protests
				must be submitted in writing to the Superintendent and the Chief Hearing
				Examiner and contain all of the following information:
27.1.1. The name and address of the
				protestor;
27.1.2. The requisition,
				solicitation, purchase order or contract numbers;
27.1.3. A statement of the grounds of
				protest;
27.1.4. Supporting
				documentation, if necessary; and
27.1.5. The resolution or relief
				sought.
27.1.6. Failure to submit
				this information shall be grounds for rejection of the protest by the Chief
				Hearing Examiner or his or her designee.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-18 - West Virginia State Police Purchasing Rule › Section 81-18-28 - Restriction of Vendor by Lessor

Current through Register Vol. XLI, No. 28, July 12, 2024
28.1. If the State Police is bound to use a
				specific vendor or contractor, or is limited to a contractor or vendor who
				shall be selected by a Lessor, in a lease entered into by the State Police, the
				State Police shall not be required to put the commodities out to bid, but shall
				instead utilize the vendor or contractor required by the Lessor.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-19 - Motor Vehicle Inspections › Section 81-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule governs and specifies the inspection procedures for motor
				vehicles.
1.2. Authority. -- W. Va.
				Code §
									17C-16-4.
1.3. Filing Date. -- April 15,
				2024.
1.4. Effective Date. -- April
				15, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-19 - Motor Vehicle Inspections › Section 81-19-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. This
				legislative rule applies to the administration and enforcement of the motor
				vehicle inspection laws of this state. This rule vests enforcement of its
				provisions with the Superintendent of the State Police.
West Virginia Code of State Rules › Agency 81 - State Police › Title 81 - LEGISLATIVE RULE WEST VIRGINIA STATE POLICE › Series 81-19 - Motor Vehicle Inspections › Section 81-19-3 - Incorporation by Reference of the Official Motor Vehicle Inspection Manual

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1 The
				Superintendent of the State Police incorporates by reference the West Virginia
				State Police Official Motor Vehicle Inspection Manual filed with this rule
				which can also be found at:
https://apps.sos.wv.gov/adlaw/csr/readfile.aspx?DocId=56314&Format=PDF
.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-01 - Certified Local Government Program › Section 82-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. -- This rule establishes general guidelines for the
				certification of local governments to participate in the National
				Historic Preservation Program with the state and allow local
				governments to apply for matching funds with the State Historic
				Preservation Officer and to review nominations of properties to the
				National Register of Historic Places.
1.2. Authority. -- W. Va. Code
				''29-1-8 (d), 8-26A-1.
1.3. Filing Date. -- May 24,
				1999.
1.4. Effective
				Date. -- July 1, 1999.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-01 - Certified Local Government Program › Section 82-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Local Government" means a city, county, municipality, or other
				general purpose political subdivision of the state.
2.2. "Historic Landmark Commission
				(HLC)"or "Commission" means a board, council, commission, or other
				similar body established by state or local legislation to document
				historic properties and advise other county or local agencies on
				resource protection.
2.3.
				"Certified Local Government (CLG)" means any local government
				certified as meeting the requirement set forth in this
				document.
2.4. "State
				Historic Preservation Officer (SHPO)" means the official in the
				Division of Culture and History appointed by the Governor to carry
				out the provisions of the National Historic Preservation Act of 1966,
				as amended, in West Virginia.
2.5. "Secretary" means the United
				States Secretary of the Interior.
2.6. "Professional" means a person
				with a degree in one of the following fields: history, architecture,
				architectural history, planning, real estate, American studies,
				geography, landscape architecture, law engineering, or archaeology,
				and who meets the standards outlined in 36 CFR 61 (See Appendix
				C).
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-01 - Certified Local Government Program › Section 82-1-3 - Introduction

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1.
				General purposes. The purpose of this rule is to implement the
				Federal-State-Local preservation partnership in West Virginia as
				provided for in The National Historic Preservation Amendments Act of
				1980 ( P.L. 95-515 ), as amended. The role of the "Certified Local
				Governments" in the partnership involves (1) eligibility to apply to
				the State Historic Preservation Officer, for matching funds earmarked
				for "Certified Local Governments," and (2) responsibility for review
				of nominations of properties to The National Register of Historic
				Places. CLGs will help to promote the preservation of prehistoric and
				historic sites, structures, objects, buildings and historic districts
				by establishing a partnership between the local government and the
				West Virginia State Historic Preservation Office (SHPO), a unit of
				the West Virginia Division of Culture and History, which seeks to
				encourage and expand local involvement in preservation issues. This
				partnership will help to ensure that: Historic preservation issues
				are understood and addressed at the local level; local interests and
				concerns are identified in the evaluation and nomination process of
				the SHPO; information concerning local historic preservation issues
				is provided to the SHPO and to the public; local landmark legislation
				and historic preservation Commissions are established in localities
				where they do not yet exist and are updated, if necessary, where they
				already exist; existing inventory data and technical information is
				made available to the local community preservation needs.
In order to become certified, a local government
				  must meet several requirements, chief of which are to have enacted an
				  historic preservation ordinance and appointed a qualified Historic
				  Preservation Commission. The Federal Act directs the State Historic
				  Preservation Officer (SHPO) and the Secretary of the Interior to
				  certify local governments to participate in the
				  partnership.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-01 - Certified Local Government Program › Section 82-1-4 - Requirements for Certification of Local Government Programs in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Enforcement. The local
				government must enforce appropriate state or local laws,
				requirements, and ordinances for the designation and protection of
				historic properties.
4.1.a. The
				local government must establish, through ordinance or county order, a
				municipal or county Historic Landmark Commission in accordance with
				provisions of the W. Va. Code '
				8-26A-1
				et seq.
4.1.b. The
				Commission must establish a clearly defined process for the local
				designation and protection of significant individual historic
				properties (landmarks) and/or historic districts. Both the criteria
				for determining significant properties and the procedure for
				designating and protecting those properties must be defined. A copy
				of guidelines can be obtained upon request from the West Virginia
				State Historic Preservation Office.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-01 - Certified Local Government Program › Section 82-1-5 - Process for Certification of Local Governments in West Virginia

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Request for certification. The
				chief elected official of the appropriate local governing body shall
				request certification from the West Virginia Historic Preservation
				office. The request for certification shall include the following:
5.1.a. A written assurance by the
				chief elected official that the local government does fulfill all the
				standards for certification outlined above;
5.1.b. A copy of the local historic
				landmark ordinance or order;
5.1.c. A listing of districts and
				designated historic landmarks under the local ordinance together with
				statements of the historical significance of the properties and maps
				showing the location of each district and landmark.
5.1.d. Resumes of each of the
				members of the Historic Landmark Commission including credentials
				documenting the members' expertise in fields related to historic
				preservation. In cases where no professional members have been
				appointed to an HLC, then an explanation and information
				demonstrating good faith efforts to obtain such members shall be
				included; and
5.1.e. A
				set of goals and objectives for the coming year.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-01 - Certified Local Government Program › Section 82-1-6 - Certified Local Government Participation in the Nomination Process for the National Register of Historic Places (National Historic Preservation Act of 1966, as amended, 16 U.S.C. ' 470 Section 101 (c) (2))

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Notification of the Commission
				by the SHPO of National Register nomination of property within local
				government jurisdiction. Before a property within the jurisdiction of
				the certified local government may be considered by the State to be
				nominated to the Secretary for inclusion on the National Register,
				the State Historic Preservation Officer shall notify in writing the
				owner, the applicable chief local elected official, and the local
				Historic Preservation Commission. The Commission, after reasonable
				opportunity for public comment, shall prepare a report as to whether
				or not such property, in its opinion, meets the criteria for
				inclusion on the National Register. When the National Register
				nomination materials have been prepared by the HLC or have been
				received first by the HLC, the HLC may provide its recommendation and
				report at the same time it submits a copy of the nomination package
				to the SHPO for review and comment. When the HLC receives a
				nomination for comment from the SHPO, it shall have sixty (60) days
				to submit its recommendation to the SHPO.
6.2. Commission and chief local
				elected official recommend that a property not be nominated to the
				National Register. (National Historic Preservation Act of 1966, as
				amended, 16 U.S.C. ' 470 Section 101 (c) (2) (b)) (See Appendix A).
				If both the Commission and the chief local elected official recommend
				that a property not be nominated to the National Register, the SHPO
				shall take no further action, unless within thirty (30) days of the
				receipt of such recommendation by the State Historic Preservation
				Officer an appeal is filed with the state. If such an appeal is
				filed, the state shall follow the procedures for making a nomination
				pursuant to 36 CFR 60 (See Appendix B). Any report and recommendation
				made under this subsection shall be included with any nomination
				submitted by the state to the Secretary.
6.3. Commission option for required
				professional qualifications and review of National Register
				nominations. All nominations, when sent by the State Historic
				Preservation Officer to the HLC for comment, will be classified as
				primarily historic, archaeological, and/or architectural in nature.
If an HLC does not have a professional member, the
				  HLC can obtain the opinion of a qualified professional in the area
				  and consider their opinion in their recommendation.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-01 - Certified Local Government Program › Section 82-1-7 - Process for Monitoring and Decertification of Certified Local Governments

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Performance review of
				certified local government by SHPO. The SHPO will review the
				Commission's annual report to ensure that the performance of the
				local government is consistent with the State Historic Preservation
				Plan. If the SHPO determines that the performance of a certified
				local government is not in conformance with the certification
				agreement and the State Historic Preservation Plan, the SHPO shall
				document that determination and recommend to the certified local
				government steps which may be taken to improve their performance. The
				SHPO shall provide advice and assistance when CLG performance is
				inadequate. The Historic Preservation Officer shall also review the
				administration of funds allocated from the Historic Preservation
				Fund. The SHPO shall permanently maintain written records for all
				SHPO evaluations of CLGs which will be available to the Secretary at
				any time.
7.2. Timetable
				for CLG improvement. The certified local government shall have no
				less than thirty (30) days nor more than one hundred twenty (120)
				days to implement improvements acceptable to the State Historic
				Preservation Officer.
7.3. Revocation of certification.
				If the State Historic Preservation Officer determines that the CLG
				does not meet the minimum qualifications as stated in subsection 4.2,
				the State Historic Preservation Officer shall recommend the
				revocation of the certification of the certified local government to
				the Secretary citing specific reasons for the recommendation. If the
				local government is decertified, the SHPO will terminate any
				financial assistance and will conduct a close-out review of any funds
				received from the SHPO by the CLG.
7.4. Final approval for CLG
				decertification. SHPO recommendation(s) for CLG decertification shall
				be approved and final if the Secretary does not object within thirty
				(30) days of receipt of SHPO recommendations for
				decertification.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-01 - Certified Local Government Program › Section 82-1-8 - Transfer of Historic Preservation Funds to Certified Local Governments

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. General purposes. Federal
				funding is available to CLGs in accordance with The National Historic
				Preservation Act of 1966, as amended, 16 U.S.C. ' 470 et seq (See
				Appendix A). Funding will be transferred to the CLGs in accordance
				with procedures outlined in 36 CFR 61 (See Appendix C).
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-02 - Standards And Procedures For Administering State Historic Preservation Programs › Section 82-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1.
				Scope. This legislative rule provides guidelines for the
				establishment of a state register of historic places, criteria and
				procedures for listing properties on the register. The rule adopts
				standards for rehabilitation of historic structures on state assisted
				undertakings and establishes procedures for the Division of Culture
				and History to review the effect state projects may have on resources
				eligible for the state register. It establishes procedures for the
				Division of Culture and History to assist the State Fire Marshal in
				providing compliance alternatives when enforcing fire and building
				codes for structures eligible for the state register. In addition,
				the rule establishes criteria and procedures for spending state funds
				provided for threatened and endangered historic properties.
1.2. Authority. -- W.Va. Code
				''29-1-1, 29-1-5, 29-1-8 and 29-1-8a.
1.3. Filing Date. -- May 24,
				1999.
1.4. Effective
				Date. -- July 1, 1999.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-02 - Standards And Procedures For Administering State Historic Preservation Programs › Section 82-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				"Historic District" means a group of buildings, structures, or sites
				that taken together make up a coherent whole with similar historic
				and/or architectural meaning.
2.2. "Integrity" means the
				authenticity of a property's historic identity as evidenced by the
				survival of physical characteristics that existed during the
				property's prehistoric or historic period. It is the composite of the
				following seven qualities: location, design, setting, materials,
				workmanship, feeling or association.
2.3. "Undertaking" means any
				project, activity, or program that can result in changes in the
				character or use of historic properties, if any such historic
				properties are located in the area of potential effects. The project,
				activity, or program must be under the direct or indirect
				jurisdiction of a State agency or licensed, permitted, or assisted by
				a State agency. Undertakings include new and continuing projects,
				activities, or programs.
2.4. "Effect" means the results of
				an undertaking that may alter characteristics of a site, for better
				or worse.
2.5. "No
				Adverse Effect" means an effect that would not be harmful to the
				characteristics that qualify a site for the State Register.
2.6. "Adverse Effect" means an
				effect that could diminish the integrity of characteristics that
				qualify a site for the State Register.
2.7. "Mitigate" means to take
				action, to reduce or compensate for damage an undertaking does to
				site(s).
2.8. "Historic
				Building or Structure" means any building or structure so designated
				by the State Historic Preservation Officer as individually
				significant or as contributing to the historic character of a
				historic district.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-02 - Standards And Procedures For Administering State Historic Preservation Programs › Section 82-2-4 - Rehabilitation Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Division of Culture and
				History will adopt and apply the Secretary of the Interior Standards
				for Rehabilitation, United States Department of the Interior
				Regulation at 36 CFR 67 (See Appendix A), as the accepted state
				rehabilitation standards.
4.2. The Secretary of the Interior
				Standards for Rehabilitation will be applied in the following
				instances:
4.2.a. The administration
				of State Historic Preservation Grants;
4.2.b. The review of compliance
				alternatives for fire and building codes;
4.2.c. The administration of funds
				expended from the Endangered Historic Properties Fund
				Program;
4.2.d. The
				review of state assisted undertakings;
4.2.e. The rehabilitation of
				structures eligible for the State Register in any other state
				assisted programs.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-02 - Standards And Procedures For Administering State Historic Preservation Programs › Section 82-2-5 - State Review Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Division of Culture and
				History will review all undertakings permitted, funded, licensed or
				otherwise assisted, in whole or in part, by the state for the
				purposes of furthering the duties outlined in W. Va. Code
				'29-1-8.
				The following review process will be conducted on lands owned or
				leased by the state, or on private lands where investigation and
				development rights have been acquired by the state by lease or
				contract as outlined in W. Va. Code '29-1-8b.
				Permit approval of activities affecting historic properties will be
				demonstrated by written letter from the Division of Culture and
				History upon completion of the review process.
5.1.a. If the project receives
				federal funding or requires a federal permit, the agencies shall
				follow the procedures outlined in 36 CFR 800, "The Protection of
				Historic Properties" (See Appendix B).
5.1.b. The Division of Culture and
				History will provide an annual listing of sites on the Register to
				all state agencies. The Division will also provide the criteria of
				significance of the Register and encourage the agencies to work with
				the Division to initiate an ongoing survey and evaluation of their
				owned or controlled properties.
5.1.c. The Division of Culture and
				History will annually request planning information or brief
				comprehensive descriptions of scheduled activities from state
				agencies in order to evaluate whether or not their programs will
				potentially impact historic properties. If the Division determines
				that there are potential impacts, the Division will conduct a project
				review. Cooperation of the affected agency is encouraged.
5.1.d. Members of the public with
				interest in or knowledge of an undertaking will have the opportunity
				to notify the Division of Culture and History and will have a
				reasonable opportunity to participate in the review
				process.
West Virginia Code of State Rules › Agency 82 - Culture And History › Title 82 - LEGISLATIVE RULE DIVISION OF CULTURE AND HISTORY › Series 82-02 - Standards And Procedures For Administering State Historic Preservation Programs › Section 82-2-6 - Fire and Building Code Alternatives

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Intent and Purpose.
6.1.a. The
				intent of this section is to provide guidelines for the uniform
				application of fire and building related codes to historic buildings
				and structures; to provide acceptable alternative safeguards to
				requirements of various fire and building code provisions where
				strict compliance is not practical; to specify various hazardous
				conditions in existing buildings and structures which should not be
				permitted to exist; to relieve building and fire code enforcement
				authorities from certain liabilities when applying the provisions of
				this chapter; to provide for rules and regulations; to provide
				construction and fire safety standards for historic buildings; to
				exempt historic buildings from certain laws and regulations; and to
				provide for other matters relative thereto.
6.1.b. It is a purpose of this
				section to encourage the sensitive rehabilitation, restoration,
				stabilization, or preservation of historic buildings and to encourage
				the preservation of buildings and structures deemed to be historic in
				total or in part: Provided, That rehabilitation and preservation
				efforts should provide for the upgrading of the safety features of
				the building or structure to provide a practical level of safety to
				the public and surrounding property. It is the further purpose of
				this section to provide guidance regarding acceptable alternative
				solutions and to stimulate enforcement authorities to utilize
				alternative compliance concepts wherever practical to permit the
				continued use of existing buildings and structures without overly
				restrictive financial burdens on owners or occupants.
6.1.c. The provisions of this
				section shall not be applicable to new construction.