W. Va. Code R. § 58-12-12

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 58-12-12 - Commercial Whitewater Trip Guides and Trip Leaders

12.1. Commercial Whitewater Trip Guides. A Commercial Whitewater Trip Guide shall:

12.1.1. Be at least 18 years old, except as provided in Sections 12.3 and 12.4 of this rule, unless approved in writing by the director; and

12.1.2. Have completed a minimum of 15 training trips including at least five training trips in the same or similar type of raft used by the commercial whitewater outfitter for commercial whitewater expeditions, two familiarization trips and one evaluation trip on the section of river to be guided, except that on the Shenandoah River and on the New River from its confluence with the Greenbrier River to Manns Creek only 10 training tips will be required plus the two familiarization trips and one evaluation trip. One of the familiarization trips and the evaluation trip shall be in the same or similar type of raft used by the commercial whitewater outfitter for commercial whitewater expeditions. The second familiarization trip may count as the evaluation trip; or

12.1.3. Have acted as a commercial whitewater guide and completed a minimum of 15 commercial whitewater expeditions in a raft on a river in which a guide is required in every raft, two familiarization trips and one evaluation trip. The second familiarization trip may count as the evaluation trip; or

12.1.4. Have completed a minimum of 40 commercial whitewater expeditions in a raft on a river in which a commercial whitewater guide is required in every raft, two familiarization trips and one evaluation trip in order to be qualified on the Gauley River between Summersville Dam and Mason's Branch. The second familiarization trip may count as the evaluation trip; or

12.1.5. For purposes of satisfying guide training requirements, out of state commercial whitewater outfitter, out of state commercial whitewater expeditions, out of state commercial whitewater guide and out of state commercial guided trip may be applied in reference to subsections 12.1.3. and 12.1.4. of this rule.

12.1.6. Be able to operate watercraft used by the commercial whitewater outfitter on the rivers or sections of rivers to be guided; and

12.1.7. Supervise passengers and capably provide suitable orientation instructions to the passengers in his or her watercraft on subjects which may include, but not be limited to, safety, personal flotation devices, and how to stay in the boat and paddle; and

12.1.8. Have a valid American Red Cross first aid card or its equivalent and have a current CPR certification by either the American Red Cross or the equivalent; and

12.1.9. Have a general knowledge of emergency access and evacuation routes.; and

12.1.10. Be familiar with floating and swimming in whitewater conditions in a personal flotation device.

12.1.11. For training and evaluation purposes, a guide trainee may act as a trip guide on a commercial whitewater expedition if the guide trainee is directly and actively supervised by a commercial whitewater trip guide who is present in the watercraft.

12.1.12. The commercial whitewater outfitter shall document all familiarization trips and evaluation trips on the guide trainee's Whitewater Guide Information Sheet and maintain the sheet with the trip guide's records.

12.1.13 A commercial whitewater trip guide qualified on any river or portion of a river prior to the effective date of this rule remains qualified on those rivers or portions of rivers if he or she meets the requirements set forth in subsection 12.1.8 of this rule.

12.2. Commercial Whitewater Trip Leaders. Each commercial whitewater expedition shall include a trip leader. A trip leader shall meet all commercial whitewater trip guide qualifications specified in section 12.1 of this rule. In addition, a trip leader shall:

12.2.1. Be at least 20 years old, unless approved in writing by the director; and

12.2.2. Have completed at least six commercial whitewater expeditions as a commercial whitewater guide on the section of river that he or she will act as a trip leader. On the Upper Gauley between Summersville Lake Dam and Mason's Branch a trip leader shall have completed at least 20 commercial whitewater expeditions as a commercial whitewater guide on the section of river that he or she will act as a trip leader; or

12.2.3. For new sections of river, except the Upper Gauley between Summersville Dam and Mason's Branch, have completed a minimum of 40 commercial whitewater expeditions as a trip leader, in a raft, on a river that requires a commercial whitewater guide in every raft, and have completed six familiarization trips on the section of the river that he or she will act as a trip leader; and

12.2.4. Be knowledgeable and capably provide suitable orientation instructions to and supervise the passengers on the commercial whitewater expedition on subjects which may include, but not be limited to, trip safety, trip description, personal flotation devices, how to stay in the boat, and how to paddle and throw lines.

12.2.5. A commercial whitewater trip leader qualified on any river or portion of a river prior to the effective date of this rule remains qualified on those rivers or portions of rivers as long as he or she meets the requirements set forth in subsection 12.1.8 of this rule.

12.3. Trip Guides operating on commercial whitewater operations on the Shenandoah River, a commercial whitewater outfitter may employ the services of guides who are at least 16 years old and otherwise meet the qualifications set forth in section 12.1 of this rule.

12.4. Trip Guides operating on commercial whitewater operations on the New River from its confluence with the Greenbrier River to Manns Creek, a commercial whitewater outfitter may employ the services of guides who are at least 16 years old and otherwise meet the qualifications set forth in section 12.1 of this rule.

12.5. Commercial whitewater outfitters may request variations from the trip leader or trip guide qualifications set forth in this section. Requests for variations must be made in writing to the director and the request shall substantiate that the variation does not reduce the intent of the qualifications set forth in this rule.

12.6. Documents relating to the requirements of this section shall be kept at the commercial whitewater outfitter's base camp for inspection by the director or his or her representative.

12.7. All commercial whitewater guides providing services for whitewater expeditions in this state shall, while providing such services, conform to the standard of care expected of members of their profession.

W. Va. Code R. § 58-12-12