West Virginia Code of State Rules › Agency 141 - Adjutant General › Title 141 - LEGISLATIVE RULE ADJUTANT GENERAL › Series 141-79 - Installations - National Guard Armories › Section 141-79-VI - PUBLIC USE OF ARMORIES

Current through Register Vol. XLI, No. 28, July 12, 2024
1. It is
				the policy of the Legislature, as set forth in Section 1, Article 6, Chapter
				15, of the Code of West Virginia, that in addition to their use for nailitary
				purposes, armories shall be used "to provide facilities for use in times of
				fires, floods, riots, and other disasters, to provide public meeting places,
				recreational and other facilities, and to promote the general welfare." In
				furtherance of this Legislative policy, the State Armory Board has designated
				armories in such a manner that the military facilities therein are easily
				adaptable and usable for civic purposes. In many cases, armories have been
				expanded and the military facilities further adapted for civic use pursuant to
				agreements executed with local governmental tmits and civic organizations. Such
				agreements are basic to the operation, management, and control of the
				respective armories for which they were executed, and as such, are incorporated
				in and made a part of this regulation. In the event of conflict between the
				terms of such agreement and the provisions of this regulation, the terms of the
				agreement will prevail. Each armory manager will have on file a copy of any
				such agreement concerning his armory.
2. In accordance with the agreement executed
				by the State with the United States prior to the construction of each armory,
				wherein the State Armory Board agreed, ". . .at no time during the term of this
				agreement to permit any disposition or use to be made of the facility which
				will interfere with its use for the administration and training of units of the
				Reserve Forces of the United States, or in time of war or National emergency of
				other units of the Armed Forces of the United States, or any other use by the
				Federal Government..." The primary use of each armory must be its use by the
				units of the West Virginia National Guard and for other military purposes, and
				the Adjutant General or his designated representative has full and complete
				authority over the use and disposition of the armory for such purposes. At such
				times as the armory shall not be needed by the National Guard or for other
				military purposes, it shall be made available for the use of the community and
				other persons and organizations in the community for civic, recreational, and
				other proper purpose which will promote the general welfare, as directed by the
				Armory Board.
3. Any person
				renting the armory shall furnish evidence prior to commencing use of the
				facility that he has compreherisive public liability insurance for bodily
				injury in the amount of $100,000 for insurance to one person, $300,000 for one
				accident, and property damage insurance in a minimum amount of $50,000 covering
				the activity for which this agreement is executed, with a company licensed to
				do business in the State of West Virginia. A copy of the Certificate of
				Insurance will be kept on file with a copy of the contract. Insurance coverage
				is not required for non-profit activities and organizations.
4. The Armory Manager is responsible to
				submit a Report of Liability (Form RMI-2) to the Adjutant General or Division
				of Engineering and Facilities/State Armory Board for any incident which may
				occur during a rental or normal operation. Form will be submitted within three
				(3) days after knowledge of incident