DAR File No. 28935

[ 09/01/2006 Bulletin Table of Contents / Bulletin Page ]

Capitol Preservation Board (State), Administration

R131-2

Capitol Hill Facility Use

NOTICE OF PROPOSED RULE

DAR File No.: 28935
Filed: 08/15/2006, 11:50
Received by: NL

RULE ANALYSIS

This rule is necessary to carry out the duties required by Section 63C-9-301 regarding the use of the State Capitol Hill facilities and grounds.

Section 63C-9-301 provides for and authorizes the State Capitol Preservation Board to adopt rules governing, administering, and regulating the State Capitol Hill facilities and grounds. This rule was rewritten to clarify issues regarding public access and use of the Capitol Hill Complex, to establish procedures for receiving and deciding complaints regarding the access or use of the Capitol Hill Complex, and to clarify and remove sections on solicitations and free speech activities to create new proposed rules on "Solicitations" and "Free Speech Activities". (DAR NOTE: The proposed new rule on "Solicitations" is Rule 131-10 under DAR No. 28934 and the proposed new rule on "Free Speech Activities" is Rule 131-11 under DAR No. 28933 in this issue.)

Section 63C-9-301

The actions of the Capitol Preservation Board do not affect the state budget. Therefore, there is no anticipated cost or savings to the state budget.

The actions of the Capitol Preservation Board do not affect local government. Therefore, there is no anticipated cost or savings to local government.

The actions of the Capitol Preservation Board do not affect other persons. Therefore, there is no anticipated cost or savings to other persons.

The action of the Capitol Preservation Board does not affect compliance costs for affected persons.

The action of the Capitol Preservation Board does not affect businesses. David Hart, AIA, Executive Director

Sarah Whitney at the above address, by phone at 801-538-3074, by FAX at 801-538-3221, or by Internet E-mail at swhitney@utah.gov

10/02/2006

10/09/2006

David H. Hart, AIA, Executive Director

RULE TEXT

R131. Capitol Preservation Board (State), Administration.

[R131-2. Capitol Hill Facility Use.

R131-2-1. Purpose.

The purpose of this rule is to provide for use of the State Capitol Facilities for continued operation of state government.

R131-2-2. Authority.

This Rule is authorized under Section 63C-9-301, which authorizes the State Capitol Preservation Board to adopt rules governing, administering and regulating the State Capitol Hill Facilities and Grounds managed by the State Capitol Preservation Board.

R131-2-3. Definitions.

(1) In addition to terms defined in Section 63C-9-102,

(a) "Board" - means the Capitol Preservation Board including the administrative office of the Board.

(b) "Capitol Hill Facilities and Grounds" - includes the State Capitol Building and Grounds, State Capitol parking facilities, cafeteria, State Office building and grounds, and excludes the greenhouses.

(c) "Commercial Activities" - means any activity not meeting the above criteria. If it is determined that a Commercial Activity will include any kind of endorsements for commercial purposes of products or services, such as an advertising production, the application may be denied.

(d) "Community Service Activities" - means an activity closely related to community service activities including public awards, public recognition and public benefits.

(e) "Executive Director" - means the executive director appointed by the Board under Section 63C-9-401.

(f) "Facility Use Application" - means a form that is to be completed by a prospective user, and approved by a resident agency, to reserve space for activities held within state-owned facilities. It shall require submission of the following information: (i) prospective user's name, address, and telephone number; (ii) the name of the facility being requested; (iii) the type of activity; (iv) the dates and times of the function; (v) insurance company, name and policy number, unless applicant is seeking a waiver under rule R131-2-4(22); (vi) any other special considerations being requested.

(g) "Facility Use Permit" - means a permit issued to users authorizing the permitted person(s) to use state-owned facilities for designated activities. The permit shall include the following information: (i) the name of the organization and individual authorized to use designated facility; (ii) the facility designated for use; (iii) purpose for use of the facility; (iv) the dates and times of the activity; (v) the fee assessed for the activity; (vi) the permit number; (vii) information required for compliance with R131-2-4(18); and (viii) the authorized resident agency representative's signature authorizing the activity.

(h) "Fees" - means charges assessed for use of state-owned facilities. The fees shall be assessed as follows:

(i) "Freedom of Speech Activities" shall be assessed a fee using a base cost commensurate with actual cost to the state; The "Base Cost" is the actual cost to the State for utilities, janitorial, security services and cost of rental for equipment used for activity.

(ii) "Commercial Activities" shall be assessed a fee comparable to fees charged for similar activities within the community; and

(iii) "Community Service Activities" shall be assessed a fee the same as first amendment activities.

The "Fee Schedule" is subject to change, and changes may be recommended to the Board by the Executive Director at any time. A fee schedule shall be provided to applicant at the time of application. The content of any first amendment activity shall not be a basis for calculating any portion of the fee.

(i) "Freedom of Speech Activities" - means an activity characterized as the right of a person or group to exercise freedom of speech or other first amendment right that is provided on government property by applicable law.

(j) "Governmental Activities" - means any activity directly related to governmental business. This does not include extra-curricular activities.

(k) "State" - means the state of Utah and any of its state officers, members of the legislature, members of the judiciary, departments, divisions, boards, agencies or commissions.

(l) "State Sponsored Activities" - means any activity directly sponsored by the state.

R131-2-4. General Provisions.

(1)(a) Each person(s) intending to use Capitol Hill Facilities and Grounds shall first submit a completed facilities-use-application. Applications shall be reviewed by the Board staff to determine the applicable category for activity-classification and fee-assessment. Applicants who disagree with any decision regarding activity-classifications or fees, may appeal using the process outlined in Rule R131-2-4(22).

(b) Upon approval of an application, the applicant shall schedule and obtain an authorization of activities in advance, from the Executive Director. The proposed activity shall not be authorized if it interferes with the operation of governmental business or public access.

(2) All rules in this section, apply to and cover the use of all Capitol Hill Facilities and Grounds.

(3) Users may schedule the Capitol Hill Facilities and Grounds for activities at reasonable times. Examples of activities at the Capitol Complex might include dances in the Rotunda, rallies on the front stairs of the Capitol and in designated areas on the grounds, and meetings in the State Office Building Auditorium.

(4) The state of Utah, any of its departments or divisions, any state employee shall not be responsible for any property damage or loss, any personal property damage or loss, or any personal injury sustained during, or as a result of, any activity.

(5) Every group granted a facility use permit will be required to complete an application form, provide the required fee, and provide a certificate of insurance showing proof of liability insurance in the amount of $1,000,000 per occurrence unless an exemption or waiver is granted by the board, or executive-director, in accordance with these rules.

(6) Users may not carry or post placards or signs attached to wood or metal posts of any type, within any building. In addition, users may not post signs on the grounds or the exterior of any building. Any signs or placards placed in Capitol Hill Facilities shall be hung with rope, cord or string. No adhesive materials or wire will be allowed. Balloons may be used but need to be tied with string to banisters or railings; they may not be handed out to participants of the activity or let loose.

(7) No temporary structure of any kind shall be constructed on Capitol Hill properties without the express written consent of the Capitol Preservation Board or the Executive Director.

(8) The use or storage of alcoholic beverages or any unauthorized or controlled drugs in any state-owned facility or on state grounds is prohibited.

(9) All "No Smoking" ordinances, rules and policies shall be strictly observed in all Capitol Hill Facilities.

(10) To protect the beauty of the State Capitol, and Capitol Hill Facilities, all decorations used for a scheduled activity shall be of a temporary nature and shall be appropriate for the dignity and beauty of the structure and shall be approved by the Board or the Executive Director.

(a) No adhesive material may be used that would leave a glue, paste, tape, oil, paint or other residue on the building.

(b) Nothing may be used as a decoration or in the process of decorating that would cause damage to the structure.

(c) No markings, paint or sprays may be applied to any area of the building.

(d) Decorating during the normal work hours shall be done in a manner that limits any disturbance to normal building activities. Any decorating during other than normal hours must be coordinated with the Board or the Executive Director.

(e) Decorating is to be done in a safe manner, using proper tools and equipment.

(f) Users may not decorate on the outside of the State Capitol or Capitol Hill Facilities.

(g) Signs, posters, decorations, displays, or markings must comply with all current pornography ordinances of the jurisdiction in which the facility is located.

(11) Food services in conjunction with a permitted use in state-owned facilities is subject to the approval of the Board or the Executive Director.

(12) Parking is available at all state-owned facilities. Users shall observe, and Protective Services will enforce, all restricted and marked parking areas.

(a) Vehicles owned or under control of participants shall not be parked in reserved parking areas, which shall include the parking plaza on Capitol Hill, and shall not be allowed to remain overnight.

(13) The user shall be responsible for any personal injury, vandalism, damage, or loss or other destruction of property or premises incurred during the activity.

(14) Any animals must be specifically approved in advance by the Board or the Executive Director and must provide assurance of safety to the animal, participants and the facility.

(15) No open flame, flammable fluids, or explosives shall be brought to or used on the premises.

(16) A User shall not sublet any part of the premises or transfer or assign the premises or change the purpose of the permitted activity without the written consent of the Board or the Executive Director.

(17) No money may be collected at Capitol Hill Facilities and Grounds; all tickets, if required, must be pre-sold.

(18) Users and participants must abide by all applicable firearm laws, rules, and regulations.

(a) The Board reserves the right to require users to notify the appropriate security agent of the anticipated presence of any person with a weapon or firearm.

(19) These general rules are incorporated into any permit issued and into all rules governing use of any Capitol Hill facility.

(20) No equipment shall be used nor activity engaged in which is contrary to applicable rules, regulations or state, local or governmental ordinances or codes.

(21) No equipment shall be used nor activity shall be engaged in which will place an excessive stress load on the building structure or building systems.

(22) Exceptions and Waivers.

(a) State activities, its state officers, members of the legislature, members of the judiciary, departments, divisions, agencies, boards and commissions are exempt from fees and insurance requirements to the extent that the activity is covered by state Risk Management.

(b) Governmental activities are exempt from fee and insurance requirements to the extent that the activity is covered by state Risk Management.

(c) Freedom of speech activities - a waiver of the fee or insurance costs, or a part thereof, shall be provided for free speech activities if the applicant or sponsoring group can demonstrate clearly an inability to pay the fee or insurance. The state reserves the right to pay the insurance costs. The applicant may be requested to provide a financial statement and other relevant documents as proof of inability to make payment. A request for such a waiver must be made at time of application and shall be promptly scheduled for an informal review before the Executive Director or the executive director's designee. The Executive Director or designee shall make a written determination of approval or disapproval of the waiver request, describing the grounds for the decision within five days of the submission of the request for a waiver. The applicant may appeal and request to have a hearing before the Board within five days of notification. The persons hearing the appeal shall consist of three representatives of the Board. The notice of appeal to be filed by the applicant should be in writing. Notice of the right to appeal and the appropriate procedure shall be given to applicant if denial is made. The applicant shall be allowed to submit additional or pertinent information during the appeal to support the request for a waiver. There will be no waiver of fee of costs associated with usage of equipment such as tables, chairs, podium, microphone or any outside accessory items to the activity. The applicant may provide and use any accessory item for an activity. An insurance waiver may be issued to an applicant that can show proof of being uninsurable - proof that coverage was denied by at least three insurance providers licensed and doing business in the state of Utah, including the current state provider of insurance.

(d) Community service activities - a waiver of the fee and/or insurance costs, or a part thereof, may be provided for community service activities if the applicant or sponsoring group can demonstrate clearly an inability to pay the fee and/or insurance. The state reserves the right to pay the insurance costs. The applicant may be requested to provide a financial statement and other relevant documents as proof of inability to make payment. A request for such a waiver must be made at time of application and shall be promptly scheduled for an informal review before the Executive Director or his designee. The Executive Director or designee shall make a written determination of approval or disapproval of the waiver request, describing the grounds for the decision within five days of the submission of the request for a waiver. The applicant shall have the right to appeal and to have a hearing before the Board within five days of notification. The persons hearing the appeal shall consist of three representatives of the Board. The notice of appeal to be filed by the applicant should be in writing. Notice of the right to appeal and the appropriate procedure shall be given to applicant if denial is made. The applicant shall be allowed to submit additional or pertinent information during the appeal to support the request for a waiver. There will be no waiver of fee of costs associated with usage of equipment such as tables, chairs, podium, microphone or any accessory items to the activity. The applicant may provide and use own accessory items for an activity. An insurance waiver may be issued to an applicant that can show proof of being uninsurable - proof that coverage was denied by at least three insurance providers licensed and doing business in the state of Utah including the current state provider of insurance.

(e) Commercial activities - no exceptions or waivers shall apply except the insurance may be waived if covered by State Risk Management. Adult chaperons will be required for commercial activities; the number, appropriate for the nature of the event and the number and ages of the users, will be determined by the Board or the Executive Director. Chaperons will help direct roaming guests. They will check rest rooms periodically, aid in maintaining reasonable behavior and enforcement of the rules.

R131-2-5. Use of Capitol Rotunda.

In addition to the provisions of Rule R131-2-4, the following rules for the Capitol Rotunda shall be observed:

(1) Public use of the Capitol shall not disrupt or interfere with any legislative session or state agency business. Safe, unhindered passageways must be provided at all times.

(2) A Facility Use request for permit for events in the Capitol Rotunda must be received in writing at least 24 hours in advance of the time the event is proposed to commence. Priority will be given to state departments, agencies, and public school districts for use of the Capitol Rotunda. The Rotunda is available six days a week, Monday through Saturday. The facility has an established Fire Marshal occupancy limit of 2,700 people which shall not be exceeded.

(3) The sound level of any individual or group, whether amplified or not, must not disrupt or interfere with any legislative session or state agency business.

(4) The second floor of the Rotunda, marble stairways, and third floor balcony are available for use but access to the fourth floor, first floor, and basement areas is not allowed.

(5) For use of committee rooms, House of Representatives Chamber, Senate Chambers, or the Supreme Court, requests must be made directly to those agencies for scheduling.

(6) No fire exits, which shall include staircases and doorways, shall be blocked during any activity. Tables shall not be placed in front of, or so as to block, doorways in any manner.

(7) All vehicles coming to Capitol Hill in conjunction with the activity shall park on the south side of the Capitol Building, on the circular drive south of the Capitol known as Cherry Lane, or in the small visitor parking area or the main parking lot directly east of the Capitol.

(8) All deliveries and movement of equipment shall come to the north loading entrance, after 5:00 p.m., and shall use the south elevator between the first and second floors, unless prior arrangement has been made with the Board or the Executive Director.

(9) Elevators used to move equipment shall be protected from damage.

(10) All equipment brought into the building shall have rubber wheels, four inch or larger, or be hand carried so to cause no damage to facilities.

(11) Users shall remove all equipment, decorations and supplies by 12:00 midnight on the night of the activity unless specific arrangements are made in advance with the Board or the Executive Director.

(12) At least two uniformed security personnel are required for every 400 participants and will be included as a part of the base cost paid by user, unless a waiver is granted for unusual circumstances.

(13) State Capitol Protective Services personnel will determine the number of any or any additional uniformed security personnel needed for an activity, and will schedule their presence.

(14) Users shall control entrances to allow only those persons authorized to attend the activity to enter building.

(15) If any person or group is reasonably suspected of being in non-compliance with any of these rules, an appropriate State law enforcement officer may provide a warning to such person or group to cease and desist from such non-complying act. If a State law enforcement officer observes that an act of non-compliance continues after a warning, then a State law enforcement officer may have the person or group removed from the Capitol-Hill premises, and may take any other appropriate action as provided by law.

R131-2-6. Use of State Office Building Auditorium.

In addition to the provisions of rule R131-2-4, the following rules for the State Office Building Auditorium shall be observed:

(1) The Auditorium is available to all state departments and agencies on a first-come, first-served basis for meetings, public hearings, bid openings, lectures, training sessions, examinations and other similar activities. Agencies shall reserve the auditorium with the Executive Director.

(2) When not being used by a state agency, the Auditorium may be used by private or public organizations upon receipt of a permit from the Board or the Executive Director.

(a) The facility is available five days a week, Monday through Friday.

(3) After hours access shall be through the first floor south doors.

(a) The remainder of the building will be closed to the public.

(4) The Auditorium has an established Fire Marshal occupancy limit of 225 people which shall not be exceeded.

(5) All vehicles coming to Capitol Hill in conjunction with the activity should park in the lot on the west side of the State Office Building.

(6) The user agency/entity shall be responsible to arrange for sufficient supervision to be present to insure that people use only the Auditorium or rest room areas on the 1st floor of the State Office Building.

R131-2-7. Use of Capitol Hill Facilities and Grounds.

In addition to the provisions of rule R131-2-4, the following rules for the Capitol Hill Facilities and Grounds shall be observed:

(1) Camping is prohibited on the Capitol Hill Facilities and Grounds.

(2) When a permit is issued, the location of the activity will be specified. Participants will be required to contain the activity in the area specified in the permit.

(3) No activity on the grounds shall interfere with normal government or other facility use activities.

(4) No motor vehicle races, neither speed, time, endurance, exhibition nor driving competition shall be held on the Capitol Hill Facilities and Grounds.

(5) No grass, plants, shrubs, trees, paving or concrete shall be disturbed, broken, removed or covered without the written permission of Board or the Executive Director.

(6) The user agency/entity shall be responsible to arrange for sufficient supervision to be present to insure that people use only designated area and to insure that no damage occurs.

R131-2-8. Solicitation Policy.

(1) Definitions

(a) "Solicitation" means any activity which may be considered or reasonably interpreted as being for the advertisement, promotion, sale or transfer of products, or services, or for the participation in a commercial venture of any kind.

(i) The distribution or posting of handbills, leaflets, circulars, advertising or other printed materials for the purpose cited in paragraph 1 is construed as solicitation.

(2) Policy

(a) Solicitation, whether on-site or through establishment of an on-going delivery service, is prohibited on Capitol Hill Facilities and Grounds, except as listed in (c) below.

(b) No solicitation materials may be posted except on designated bulletin boards.

(c) With the exception of bulletin boards designated for posting solicitation materials, no state materials, supplies, services or equipment may be used for solicitation purposes other than activities authorized by an agency of the state for state-connected business or state-sponsored charitable purposes.

(d) Any and all violations observed shall be reported immediately to Protective Services.

(3) Permissible Solicitation Activities: The following kinds of solicitation activities may be allowed access to Capitol Hill Facilities:

(a) Charitable campaigns (including blood drives, state United Way campaign, food banks, sub for Santa and other charitable activities).

(b) Organized employee participation in sports activities representing their state agency or a charitable organization including departmental or charity competitive teams.

(c) Announcements required by law or requested by a state agency in furtherance of official duties (including job announcements, EEO and OSHA notices).

(d) Activities conducted at the direction of the head of a state agency.

(e) Employees' sale of small craft items during breaks and lunch in employee lounges and break areas.

(f) State employees may post handbills, leaflets, circulars, advertising or other printed materials on specifically designated bulletin boards regarding the offering or sale of personal items such as free kittens or bikes for sale, or personal announcements such as wedding announcements or ride share requests. This exemption does not apply to conducting a business (such as Tupperware or Amway sales).

(g) Employee recognition events conducted by a state agency such as National Secretaries Week Luncheons which are approved by the supervisor of the employees affected.

R131-2-9. Waiver.

Notwithstanding any requirement of these Capitol Hill Facility Use Rules, a waiver may be requested in writing by the applicant as to it's necessity. The Capitol Preservation Board may disapprove the waiver request. If so, the Board shall issue a written statement that the strict holding of the required provision would be unreasonable under the circumstances and that the provision is not needed to protect the facility, grounds or the public. The applicant has the burden to establish, in a clear and concise statement, that the waiver should be granted. The request for waiver shall be included as part of the Facility Use Application and must provide the necessary information and documentation to support such waiver. The decision of the Facilities Management group may be appealed to the Board, in a way similar to the appeal of the denial of a Facility Use Application.]

R131-2. Capitol Hill Complex Facility Use.

R131-2-1. Purpose and Application.

(1) The purpose of this rule is to define conditions for public access and use of the Capitol Hill Complex and to establish procedures for receiving and deciding complaints regarding the access or use of the Capitol Hill Complex.

(2) Except as expressly stated herein, or in rule R131-11, this rule R131-2 does not apply to free speech activities. Free speech activities conducted at the Capitol Hill Complex are governed by rule R131-11.

R131-2-2. Authority.

(1) The State Capitol Preservation Board adopts this Capitol Hill Complex Facility Use Rule pursuant to Section 63C-9-301.

R131-2-3. Definitions.

As used in this rule R131-2:

(1) "Board" means the State Capitol Preservation Board created by Section 63C-9-201.

(2) "Capitol Hill Complex" means all grounds, monuments, parking areas, buildings, including the Capitol, and other man-made and natural objects within the area bounded by 300 North Street, Columbus Street, 500 North Street, and East Capitol Boulevard. Capitol Hill Complex also includes:

(a) the White Community Memorial Chapel and the Council Hall Travel Information Center building and their grounds and parking areas;

(b) the Daughters of the Utah Pioneers museum and buildings, grounds and parking areas, and other state-owned property included within the area bounded by Columbus Street, North Main Street, and Apricot Avenue;

(c) state owned property included within the area bounded by Columbus Street, Wall Street, and 400 North Street; and

(d) state owned property included within the area bounded by Columbus Street, West Capitol Street, and 500 North Street, and any other facilities and grounds owned by the state of Utah that are located within the immediate vicinity.

(3) "Capitol Hill Facilities" means all buildings on the Capitol Hill Complex, including the Capitol, exterior steps, entrances, streets, parking areas and other paved areas of the Capitol Hill Complex.

(4) "Capitol Hill Grounds" means landscaped and unpaved public areas of the Capitol Hill Complex. Maintenance and utility structures and areas are not considered Capitol Hill Grounds for the purpose of any public use.

(5) "Commercial Activities" means events that sponsored or conducted for the promotion of commercial products or services, and include advertising, private parties, private company or organization meetings, and any other non-public organization event. Commercial activities do not include private, community service, state sponsored, or free speech activities.

(6) "Community Service Activities" means events sponsored by governmental, quasi-governmental and charitable organizations, city and county government departments and agencies, public schools, and charitable organizations held to support or recognize the public or charitable functions of such sponsoring group. To the extent the event is sponsored by a private charitable organization, the organization must have an Internal Revenue Code Section 501(c)(3) active status and the event must be related to such status.

(7) "Event" or "Events" are commercial, community service, private, and state sponsored activities involving five or more persons. Events may include banquets, receptions, award ceremonies, weddings, colloquia, concerts, dances, and seminars. A free speech activity is not an event for purposes of rule R131-2 and R131-10. The term "activity" or "activities" may be substituted in this rule for the term "event" or "events."

(8) "Executive Director" means the executive director appointed by the Board under Section 63C-9-102, or a designee supervised by the executive director.

(9) "Facility Use Application" ("Application") means a form approved by the executive director used to apply to reserve Capitol Hill Facilities or Capitol Hill Grounds for an event.

(10) "Facility Use Permit" ("Permit") means a written permit issued by the executive director authorizing the use of an area of the Capitol Hill Complex for an event in accordance with this rule.

(11) "Free Speech Activity" is as defined in rule R131-11.

(12) "Private Activity" means an event sponsored by private individuals, businesses or organizations that is not a commercial or community service activity.

(13) "Solicitation" is as defined in rule R131-10.

(14) "State" means the state of Utah and any of its agencies, departments, divisions, officers, legislators, members of the judiciary, persons serving on state boards or commissions, and employees of the above entities and persons.

(15) "State Sponsored Activity" means any event sponsored by the state that is related to state business.

R131-2-4. Facility Use Permit - Application.

(1) Each person or group seeking to hold an event or solicitation at the Capitol Hill Complex shall submit a completed Facility Use Application at least fourteen calendar days prior to the anticipated date of the event. Applications may not be submitted, and facilities will not be scheduled, more than 180 days before the date of the event. An applicant may only make one application for one continuous event at a time.

(2) The executive director shall provide a Facility Use Permit Application form. The form shall request and applicants shall provide the following information:

(a) the applicant's organization's name, address, telephone and facsimile number;

(b) the names and addresses of the person(s) responsible for supervising the event during set up, take down, clean up and the duration of the event;

(c) the nature of the applicant; i.e. individual, business entity, governmental department or other;

(d) the name and address of the legally recognized agent for service of process;

(e) a specific description of the area of the facility and/or grounds being requested for use;

(f) the type of proposed activity and the number of anticipated participants;

(g) the dates and times of the proposed activity and a description of the schedule and agenda of the event;

(h) a complete description of equipment and apparatus to be used for the event;

(i) any other special considerations or accommodations being requested; and

(j) whether the applicant requests exemption or waiver of any requirement of this rule or provision of the Facility Use Application.

(3) In addition, the applicant shall submit with the Facility Use Application:

(a) documentation supporting any requested exemption or waiver;

(b) proof of liability insurance covering the applicant and the event in the amount as identified in the Schedule of Costs and Fees as referred to in rule R131-2-7(1)(a);

(c) a deposit and down payment in the amounts as identified in the Schedule of Costs and Fees as described in rule R131-2-7(1)(a) for the type of event proposed; and

(d) other information as requested by the executive director.

(4) Applications shall be reviewed by the executive director for completeness, activity classification, costs and fees.

(5) Priority for use of the Capitol Hill Complex will be given to applications for state sponsored activities. During the actual hours of legislative sessions, priority will be given to free speech activities over commercial, community service and private activities. Otherwise, applications will be approved, and requested facilities reserved, on a first-come, first-serve basis.

R131-2-5. Facility Use Permit - Denial - Appeal - Cancellation - Revocation - Transfer.

(1) Within five working days of receipt of a completed application, the executive director shall issue a Facility Use Permit or notice of denial of the application.

(2) The executive director may deny an application if:

(a) the application does not comply with the applicable rules;

(b) the event would conflict or interfere with a state sponsored activity, a time or place reserved for free speech activities, the operation of state business, or a legislative session; and/or

(c) the event poses a safety or security risk to persons or property.

(3) The executive director may place conditions on the approval that alleviates such concerns.

(4)(a) If the applicant disagrees with a denial of the application or conditions placed on the approval, the applicant may appeal the executive director's determination by delivering the written appeal and reasons for the disagreement to the executive director within five working days of the issuance of the notice of denial or approval with conditions.

(b) Within ten days after the executive director receives the written appeal, the executive director may modify or affirm the determination.

(c) If the matter is still unresolved after the issuance of the executive director's reconsideration determination, the applicant may appeal the matter, in writing, within ten calendar days to the Board's Budget Development and Board Operations Subcommittee chair who will determine the process of the appeal.

(5) Facility Use Permits are non-transferable. The purpose, time, place and other conditions of the Facility Use Permit may not be changed without the advance written consent of the executive director.

(6) An event may be re-scheduled if the executive director determines that an event will conflict with a governmental function, free speech activity or state sponsored activity.

(a) The executive director may revoke any issued permit if this rule R131-2, any applicable law, or any provision of the permit is being violated. The permit may also be revoked if the safety or health of any person is threatened.

(b) The permittee may cancel the permit and receive a full refund of fees and any deposits if written notice of cancellation is received by the executive director at least 48 hours prior to the scheduled event. Failure to timely cancel the event will result in the forfeiture of any deposit and fees.

R131-2-6. General Requirements for Use of the Capitol Hill Complex.

(1) General Requirements.

(a) These are the requirements for use of the Capitol Hill Complex. This rule R131-2-6 shall apply to free speech activities, all other activities, groups and individuals using the Capitol Hill Complex.

(b) Except for state holidays, the Capitol building will be open to the general public Monday through Friday from 6:00 a.m. to 8:00 p.m., Saturday from 8:00 a.m. to 8:00 p.m. and on Sunday from 8:00 a.m. to 6:00 p.m. Free speech activities may be conducted beyond the times identified in this subsection, as specified in rule R131-11. Unless otherwise authorized, Capitol Hill Facilities and Capitol Hill Grounds, including the Capitol Rotunda, are available for permitted use, activities or events from 8:00 a.m. to 11:00 p.m.

(c) Activities, except free speech activities, may be specifically denied during legislative sessions.

(d) No event may disrupt or interfere with any legislative session or the conduct of any state business.

(e) Levels of audible sound generated by any individual or group, whether amplified or not, shall not exceed 85 decibels.

(f) Fire exits, staircases, doorways, roads, sidewalks, hallways and pathways shall not be blocked, and the efficient flow of pedestrian traffic shall not be obstructed at any time.

(g) Alteration and damage to the Capitol Hill Grounds including grass, plants, shrubs, trees, paving or concrete is prohibited.

(h) No object or substance of any kind shall be placed on or in the Capitol Plaza fountain. Standing on or in the fountain is prohibited.

(i) All costs to repair any damage or replace any destruction, regardless of the amount or cost of restoration or refurbishing, shall be at the expense of the person(s) responsible for such damage or destruction.

(j) The consumption, distribution, or open storage of alcoholic beverages is prohibited.

(k) Service animals are permitted, but the presence of other animals is allowed only with advance written permission of the executive director. Owners/caretakers are responsible for the safety to the animal, persons, grounds and facilities.

(l) Camping is prohibited on the Capitol Hill Complex.

(m) Littering is prohibited.

(n) Solicitation as defined in rule R131-10 is prohibited except as provided in rule R131-10.

(2) Decorations.

(a) All cords must be taped down with 3M(trademark) #471 tape or equivalent as determined by the executive director.

(b) There shall be no posting or affixing of placards, banners, or signs attached to any part of any building or on the grounds. All signs or placards used at the Capitol Hill Complex shall be hand held. Signs or posters may not be on sticks or poles.

(c) No adhesive material, wire, nails, or fasteners of any kind may be used on the buildings or grounds.

(d) Nothing may be used as a decoration, or be used in the process of decorating, that marks or damages structure(s).

(e) All decorations and supporting structures shall be temporary.

(f) Any writing or use of ink, paint or sprays applied to any area of any building is prohibited.

(g) Users may not decorate the outside of any facility or any portion of the grounds.

(h) Signs, posters, decorations, displays, or other media shall be in compliance with the state law regarding Pornographic and Harmful Materials and Performance, Section 76-10-1201 et seq.

(i) Leaving any item(s) against the exterior or interior walls, pillars, busts, statues, portraits or staircases of the Capitol building is prohibited.

(j) Balloons are not allowed inside the Capitol building.

(3) Set up/Clean up.

(a) All deliveries and loading/unloading of materials shall be limited to routes and elevators as specified by the executive director.

(b) All decorations, displays and exhibits shall be taken down by the designated end time of the event in a manner that is least disruptive to state business.

(c) Users shall leave all facilities and grounds in its original condition and appearance.

(4) Parking.

(a) Parking is limited. All posted parking restrictions on the Capitol Hill Complex, including reserved parking stalls, shall be observed.

(b) Parking for large vehicles or trailers shall require the prior approval of the executive director, which approval may be withheld if the large vehicle or trailer may interfere with the access or use of the Capitol Hill Complex.

(c) Except as expressly allowed by the executive director, overnight parking is prohibited.

(5) Compliance with Laws.

(a) "No Smoking" statutes, rules and policies, including the Utah Indoor Clean Air Act, Title 26, Chapter 38, Utah Code shall be observed.

(b) Open flames, flammable fluids, candles, and explosives are prohibited.

(c) All persons must obey all applicable firearm laws, rules, and regulations.

(d) All activities, events or uses must comply with applicable fire codes and maximum occupancy restrictions.

(6) Security and Supervision.

(a) At least two uniformed security personnel shall be required for every 400 participants of an event (except free speech activities). Costs for such personnel shall be included as a part of the base fees paid by the sponsor (permit holder), unless a waiver is granted.

(b) At least one representative of the applicant identified in the application and permit shall be present during the entire activity;

(c) The activity sponsor (permit holder) is responsible for restricting the area of use by participants to the specified room and rest room areas of the reserved facilities.

(d) The activity sponsor (permit holder) shall control entrances to allow only authorized persons to enter any permitted facility or grounds.

(7) Photography, Portraits and Video/Filming.

(a) Any photography, videotaping or filming, shall require advance notice to, and permission from the executive director for scheduling, if it is to be performed by a professional or is commercial in nature.

(b) This subsection (7) shall not apply to tourists and does not apply to the extent it is the exercise of a free speech activity.

(8) Liability.

(a) The state, Board, executive director and their designees, employees and agents shall not be deemed in default of any issued permit, or liable for any damages if the performance of any or all of their obligations under the permit are delayed or become impossible because of any act of God, terrorism, war, riot or civil disobedience, epidemic, strike, lock-out or labor dispute, fire, or any other cause beyond their reasonable control.

(b) Except as required by law, the state shall not be responsible for any property damage or loss, nor any personal injury sustained during, or as a result of, any use, activity or event.

(c) Users/applicants shall be responsible for any personal injury, vandalism, damage, loss, or other destruction of property caused by the user or an attendee at the applicant's event.

(9) Food Services, Catering.

(a) Food services on the Capitol Hill Complex shall be provided by the Board's on-site food service provider. No other food service will be allowed within the facilities or on the grounds, except that the Utah Senate and Utah House of Representatives may obtain off-site food services for special events during legislative sessions. Any sale of food items shall be with advance written permission of the executive director only.

(b) Fees associated with food services shall be the responsibility of the user.

(10) Enforcement of Rules.

(a) If any person or group is found to be in violation of any of the applicable laws and rules, a law enforcement officer or state capitol security officer may issue a warning to cease and desist from any non-complying acts. If the law enforcement or security officer observes a non-compliant act after a warning, the officer may take disciplinary action including citations, fines, cancellations of event or activity, or removal from the Capitol Hill Complex.

(11) Exemptions and Waivers.

(a) The executive director may waive the requirements of any provision of R131-2-6 upon being presented with compelling reasons that the waiver will substantially benefit the public of the state of Utah and that the facilities, grounds and persons will be appropriately protected. Conditions may be placed on any approved waiver to assure the appropriate protection of facilities, grounds and person. An appeal of a denial of a request for such waiver may be filed and processed similarly to the denial of a Facility Use Application as described in R131-2-5.

R131-2-7. Fees and Charges.

(1) Use Fees.

(a) Persons using the Capitol Hill Complex pursuant to a Facility Use Permit may be charged a fee. A "Schedule of Costs and Fees" is available during regular working hours at the executive director's office. Additionally, fees may be assessed for technology assistance, use of state equipment, recording, security, insurance coverage, cleaning and repairs. The Schedule of Costs and Fees may have special fees for community service activities, employee recognition events and holiday parties. There are no fees for free speech activities, but costs for requested use of state equipment or supplies shall be assessed in accordance with the Schedule of Costs and Fees.

(2) Waiver.

(a) Costs and fees shall be waived for state sponsored activities. However, state agencies will be required to pay the costs and fees identified in the Schedule of Costs and Fees when the activity is not required for the conducting of state business, such as after-hour social events, employee recognition events, and holiday parties. Costs and fees will not be waived for commercial, private and solicitation activities.

R131-2-8. Specific Facilities.

(1) The following applies to all events and solicitations, except for free speech activities.

(a) Use of caucus rooms, committee rooms, the House of Representatives or Senate Chambers will be separately administered by the legislative branch. Requests for all other rooms must be submitted in writing to the executive director for scheduling and staffing. If the requested room is under the control of the Governor, the judiciary, or other elected officials, the executive director shall forward the request to the appropriate representative of such branch of government or elected official. The executive director will notify the applicant of the approval or denial of the requested space by the approving organization.

(b) The State Office Building auditorium shall be available to all state entities on a first-come, first-serve basis for governmental functions. All state entities shall reserve this facility in advance with the executive director.

(c) After hours access to the State Office Building shall be through the first floor south doors.

(d) During legislative sessions, legislative meetings or other legislative activities, use of the legislative space will be subject to the applicable legislative rules.

(e) The Gold Room in the Capitol building shall be available for use by elected officials. Food service in the Gold Room shall be only through the Board's on-site food service provider. Furniture in the Gold Room shall be gently used and protected and none of the furniture shall be moved or relocated in the room, except as approved by the executive director.

R131-2-9. Use of White Community Memorial Chapel.

(1) In addition to the provisions above, the following rules for the White Community Memorial Chapel shall be observed:

(a) Fire Marshal occupancy limits shall not be exceeded.

(b) Users may use the full rest room facilities and full kitchen facilities. Kitchen use includes electric stove, oven, refrigerator, double sinks, and work counter.

(c) The White Community Memorial Chapel will be available from 7:00 a.m. until 12:00 midnight, seven days a week, 365 days a year unless otherwise specified by the Board's Budget Development and Board Operations Subcommittee.

(d) Intent to display, prepare, or consume food shall be communicated to the executive director on the Facility Use Application prior to issuance of the permit. Users shall treat the equipment with the utmost care and leave the equipment in its original condition after use.

(e) All users must complete the Facility Use Permit Application and comply with all the permit requirements listed under rules R131-2 and R131-10.

R131-2-10. Procedure for Receiving and Deciding Complaints Regarding the Access or Use of the Capitol Hill Complex.

(1) Any person that has a complaint regarding the access or use of the Capitol Hill Complex may file such complaint in writing to the executive director.

(2) The executive director will issue a written determination within thirty calendar days of the filing of the complaint or such longer time period as agreed to by the complainant.

(3) If the executive director does not issue a determination within the time period for such determination, then the complainant may file a written appeal no later than ten calendar days after the expiration of such time period. The written appeal shall be delivered to the office of the executive director and shall be considered by the Board's Budget Development and Board Operations Subcommittee chair in a manner determined appropriate by the chair.

(4) The chair will issue a written determination within thirty calendar days of the filing of the appeal or such longer time period as agreed to by the complainant.

(5) If the chair does not issue a determination within the time period for the chair's determination, the complainant may file a written appeal to the Board no later than ten calendar days after the expiration of such time period. The written appeal to the Board shall be delivered to the office of the executive director.

(6) Upon the filing of a timely appeal to the Board, the appeal shall be scheduled at the next regularly scheduled meeting of the Board.

(7) This is considered to be an administrative remedy for complaints regarding the access or use of the Capitol Hill Complex, and to the extent allowed by law, shall be considered an administrative remedy that must be pursued prior to any legal action.

KEY: public buildings, facilities use

Date of Enactment or Last Substantive Amendment: [March 13, 2000]2006

Notice of Continuation: February 16, 2005

Authorizing, and Implemented or Interpreted Law: 63C-9-101 et seq.

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Sarah Whitney at the above address, by phone at 801-538-3074, by FAX at 801-538-3221, or by Internet E-mail at swhitney@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.

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