W. Va. Code R. § 141-79-VI

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 141-79-VI - PUBLIC USE OF ARMORIES

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

W. Va. Code R. § 141-79-VI