DAR File No. 29812

Administrative Services, Facilities Construction and Management

R23-19

Facility Use Rule

NOTICE OF PROPOSED RULE

DAR File No.: 29812
Filed: 04/13/2007, 11:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The existing rule, Rule R23-19, included Capitol facilities which are now under the Capitol Preservation Board's jurisdiction and did not emphasize other complexes. The reenacted rule seeks to provide clear, impartial policies for facility use that can apply to all buildings in use by state agencies and to provide appropriate exceptions where needed. The existing rule text of Rule R23-19 will be repealed and a rewritten Rule R23-19 will be reenacted. The reenacted rule will have the appropriate and pertinent methods, forms, and requirements to regulate the use of state facilities and grounds. It provide rules regarding political signs except for Freedom of Speech Activities or as constitutionally protected, and authorizes written policies to be created pursuant to the rule.

Summary of the rule or change:

The repealed rule text contained: the specific provisions for Use of Capitol Rotunda, State Office Building Auditorium, White Community Memorial Chapel, and Capitol Complex Grounds that are deleted; the detailed definitions and requirements for the types of activities allowed; the general rules, applying to all facilities, and were very specific; and that the definitions of Facility Use Application and Facility Use Permit listed each item of the form. The reenacted rule text contains: authorization by Section 63A-5-103 and does not apply to state facilities and grounds under the jurisdiction of the legislative and judicial branches of the State of Utah government, the Utah State Board of Regents, or the Capitol Preservation Board, except for points authorized by law or the Utah Constitution; that state-leased facilities must comply to the extent consistent with the lease agreement, while still conforming to the requirements of the constitutions of the United States and the State of Utah; that the Managing Agency is given authority to create written policy requiring a Facility Use Permit or other policies pursuant to this rule; that prohibition of use of alcoholic beverages is waived for state facilities and grounds under the jurisdiction of the Department of Alcohol Beverage Control or golf courses under the Division of Parks and Recreation; that specific portions of the rule that may not be waived are stated; that political signs are prohibited, except for hand-carried signs during permitted events and political signs are allowed under Freedom of Speech Activities or as constitutionally protected. A new rule for freedom of speech activities is created and will be submitted as Rule R23-20, Freedom of Speech Activities; that the Managing Agency can charge or waive fees; that Community Service Activities rules are condensed; that solicitation is changed to "Commercial Solicitation" without specific organizations noted and exceptions clearly stated; that authority is given to the Managing Agency to develop policies; that rules that can apply to any other state facilities and grounds owned or occupied by a department or agency of the State are listed under Section R23-19-4; that there is no insurance or activity fee for Freedom of Speech activities; and the following definitions: "event" or "events", "Private Activity", "Managing Agency", "State Facilities and Grounds", "Political Sign", "Commercial Solicitation", "Facility Use Permit", and "Facility Use Application" are condensed and do not list each item on the form. (DAR NOTE: The proposed new rule of R23-20 is under DAR No. 29811 in this issue, May 1, 2007, of the Bulletin.)

State statutory or constitutional authorization for this rule:

Sections 63A-5-103 and 63A-5-204

Anticipated cost or savings to:

the state budget:

The reenacted rule neither increases or decreases the revenue that may come from use of state facilities. There is a potential for some revenue to be made from use of facilities. However, this is not guaranteed since fees can be waived. There is no anticipated cost to the state budget.

local governments:

Any costs will be borne by those applying for permits, and since governmental activities are exempt from fees, there is no anticipated cost to local government. There may be a savings resulting from using facilities at no cost.

other persons:

There are anticipated costs to persons applying for Facility Use Permits, where fees are applicable. There may be anticipated savings depending on the type of function being requested. For some functions the fee is waived, resulting in a savings to the individual.

Compliance costs for affected persons:

There are anticipated costs to individuals, partnerships, corporations, associations, or private organizations applying for Facility Use Permits, where fees are applicable. However, most governmental entities and/or public organizations may experience a savings depending on the type of function being requested, since fees are waived for certain functions.

Comments by the department head on the fiscal impact the rule may have on businesses:

The anticipated costs to individuals, partnerships, corporations, associations, or private organizations applying for Facility Use Permits will be moderate. Fees can also be waived by the Managing Agency. Therefore, the fiscal impact on businesses will be minimal. Kim Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Facilities Construction and Management
Room 4110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Alan Bachman or Priscilla Anderson at the above address, by phone at 801-538-3105 or 801-538-9595, by FAX at 801-538-3313 or 801-538-3378, or by Internet E-mail at abachman@utah.gov or phanderson@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2007

This rule may become effective on:

06/07/2007

Authorized by:

Keith Stepan, Director

R23. Administrative Services, Facilities Construction and Management.

R23-19. Facility Use Rules.

[R23-19-1. Purpose.

The purpose of this rule is to provide for use of state facilities for continued operation of state government.

 

R23-19-2. Authority.

This Rule is authorized under Section 63A-5-204, which authorizes the Executive Director of the Department of Administrative Services to adopt rules governing state grounds surrounding facilities managed by DFCM.

 

R23-19-3. Definitions.

(1) The following definitions are provided to assist in understanding language incorporated into the following Facility Use Rules:

(a) "Agency" - department, division or agency within the structure of the State of Utah.

(b) "DFCM" - Division of Facilities Construction and Management, a division within the Department of Administrative Services.

(c) "Director" - the director of the Division of Facilities Construction and Management.

(d) "Facility Use Application" - a form that needs to be completed by prospective user and approved by resident agency for activities held within state-owned facilities and contains 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 waiver under R23-19-2(24); (vi) any other special considerations being requested; and (vii) all applications shall be reviewed by DFCM Facilities Management group determining the applicable category for activity and fee assessment. This decision may be appealed using process described under R23-19-2(24).

(e) "Facility Use Permit" - permit issued to users authorizing the use of state-owned facilities for designated activities and contains 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 Subsection 23-19-4(18); and (viii) the authorized resident agency representative signature authorizing the activity.

(f) "Fees" - 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; (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. "Base Cost" is the actual cost to the State for utilities, janitorial, security services and cost of rental for equipment used for activity. The "Fee Schedule", which is subject to change, shall be approved by the Director. A fee schedule shall be provided to applicant at time of application. The content of any first amendment activity shall not be a basis for calculating any portion of the fee.

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

(h) "State" - state of Utah and any of its departments, divisions, agencies or commissions.

(i) "Freedom of Speech Activities" - 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) "Community Service Activities" - an activity closely related to community service activities including public awards, public recognition and public benefits.

(k) "State Sponsored Activities" - this shall include any activity directly sponsored by the state of Utah, its departments, agencies and commission and shall be exempt from fees and insurance costs.

(l) "Commercial Activities" - any activity not meeting above criteria shall be characterized as commercial activity. Endorsements for commercial purposes of products or services is prohibited.

 

R23-19-4. General Rules.

(1) Those intending to use state facilities must obtain scheduling and authorization of activities in advance from the agency/department head or facilities manager. If no facility manager exists, approval must be obtained from resident agency or its representative. Users must comply with all rules and procedures established. The proposed activity shall not interfere with the operation of governmental business or public access.

(2) All rules apply to state-owned or leased facilities.

(3) Users may use the facilities for activities scheduled 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, weddings and receptions in the White Community Memorial Chapel, and meetings in the State Office Building Auditorium. Endorsements for commercial purposes of products or services is prohibited.

(4) The state of Utah, any of its departments or divisions, or any 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 applying for 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 exempt or waived under 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 state 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 state-owned properties without the express written consent of DFCM or the appropriate resident agency.

(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 state-owned facilities.

(10) To protect the beauty of state 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 resident agency.

(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 facility manager or resident agency.

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

(f) Users may not decorate on the outside of any building.

(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 resident agency.

(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 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) 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 state.

(17) No money may be collected at state facilities; all tickets, if required, must be pre-sold.

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

(a) The state shall reserve 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 state facility. These rules do not apply to facilities of public or higher education.

(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 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 of the Department of Administrative Services (DAS) or the director's designee. The Executive Director or designee shall make a written determination of approval or disapproval of the waiver request and state 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 DAS Executive Director or designee within five days of notification. The DAS Executive Director or designee shall conduct a hearing and make his decision in writing as to appeal of the initial disapproval of a waiver within five days of the submission of the appeal. The person hearing the appeal shall not be the same person who denied the original request. 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. 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 of the Department of Administrative Services (DAS) or his designee. The Executive Director or designee shall make a written determination of approval or disapproval of the waiver request and state 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 DAS Executive Director or designee within five days of notification. The DAS Executive Director or designee shall conduct a hearing and make his decision in writing as to appeal of the initial disapproval of a waiver within five days of the submission of the appeal. The person hearing the appeal shall not be the same person who denied the original request. 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. 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 DFCM. Chaperons will help direct roaming guests, check rest rooms periodically, aid in maintaining reasonable behavior and enforcement of the rules.

 

R23-19-5. Use of Capitol Rotunda.

In addition to the provisions of Section 2, 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 south entrance under the main stairs, after 5:00 p.m., and shall use the south elevator between the first and second floors, unless prior arrangement has been made with DFCM.

(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 DFCM or Protective Services.

(12) In addition, DFCM may require two uniformed security personnel for every 400 participants and will be included as a part of the base cost paid by user.

(13) Protective Services will determine number and arrange for uniformed security personnel.

(14) Users shall control entrances to allow only those persons attending 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 office may provide a warning to such person or group to cease and desist from such non-complying act. If a State law enforcement office reasonably observes that such non-complying act is continuing after such warning, then a State law enforcement office may have the person or group removed from the Capitol premises as well as take any other appropriate action allowed by law.

 

R23-19-6. Use of State Office Building Auditorium.

In addition to the provisions of Section 2, 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 DFCM.

(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 DFCM.

(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) Sufficient supervision shall be present to insure that people use only the Auditorium or rest room areas on the 1st floor of the State Office Building.

 

R23-19-7. Use of White Community Memorial Chapel.

In addition to the provisions of Section 2, the following rules for the White Community Memorial Chapel shall be observed:

(1) The Chapel area has pew seating for 129 people, balcony seating for 35 people and elevated front "stand" seating for 16 people, but the Fire Marshal has established an occupancy limit of 164 people which shall not be exceeded.

(a) Users may use the speaker's pulpit and upright piano.

(2) The lower level of the building has a large open meeting room with seating for 76 people conference style and the Fire Marshal has established an occupancy limit of 76 people which shall not be exceeded.

(a) Users may use the full rest room facilities and full kitchen facilities for small to medium sized groups. Kitchen use includes electric stove, oven, refrigerator, double sinks, and work counter.

(3) The following is available for use:

(a) small kitchen facilities;

(b) hot water;

(c) air conditioning;

(d) fire extinguisher in basement; and

(e) the elevator serving lower level and main floor of chapel.

(4) The Chapel will be available from 7 a.m. until 12 midnight, seven days a week, 365 days a year unless otherwise specified.

(5) All vehicles coming to Capitol Hill in conjunction with the activity should park in the lot between the Chapel and Council Hall.

(6) Notice of intent to display, prepare, or consume food shall be communicated to DFCM on the Facility Use Application Form 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.

(7) Sufficient supervision shall be present to insure that damage does not occur to the premises.

 

R23-19-8. Use of Capitol Complex Grounds.

In addition to the provisions of Section 2, the following rules for the Capitol Complex Grounds shall be observed:

(1) Camping is prohibited on the State Capitol Complex 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 and business activities.

(4) No motor vehicle races, neither speed, time, endurance, exhibition nor driving competition shall be held on the Capitol Complex grounds.

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

(6) Sufficient supervision shall be present to insure that people use only designated area and to insure that no damage occurs.

 

R23-19-9. Rules for Other State-Owned Facilities.

(1) All General Rules shall be observed.

(2) Permission to use other state facilities must be obtained from the facility manager or resident agency for the facility.

 

R23-19-10. Solicitation Policy.

(1) Definitions

(a) "Solicitation" is 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.

(b) "State property" is all premises maintained by, or for the use of, a state agency, department or division.

(2) Policy

(a) Solicitation, whether on-site or through establishment of an on-going delivery service, is prohibited on state property 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

(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 ball 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 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.

 

R23-19-11. Waiver.

Notwithstanding any provision of this Facility Use Rules R23-19, a waiver of any provision therof, may be made in writing by the DFCM Facilities Management group, if it determines in writing that the strict holding of the 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 that the waiver should be granted. The request for waiver shall be made in writing 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 similarly to the appeal of the denial of a Facility Use Application.]

R23-19-1. Purpose.

The purpose of this rule is to regulate the use of state facilities and grounds as defined below, providing rules regarding political signs, as well as authorizing written policies to be created pursuant to this rule.

 

R23-19-2. Authority and Applicability.

(1) This Rule is authorized under Sections 63A-5-103 and 63A-5-204 which authorizes the making of rules regarding the use and management of state facilities and grounds owned or occupied by the State for the use of its department and agencies.

(2) This Rule shall apply to all state facilities and grounds except as follows:

(a) To the extent not authorized by law or the Utah Constitution, this Rule does not apply to state facilities and grounds under the jurisdiction of the legislative and judicial branches of the State of Utah government.

(b) This Rule does not apply to state facilities and grounds under the jurisdiction of the Utah State Board of Regents.

(c) This Rule does not apply to state facilities and grounds under the jurisdiction of the Capitol Preservation Board.

(d) This Rule does apply to state facilities and grounds under a lease to the extent consistent with the lease agreement, as the lease agreement shall control the use of the property under the lease. Notwithstanding this, the requirements of the constitutions of the United States and the State of Utah shall supersede the provisions of any such lease agreement and in particular, in the exercise of freedom of speech or assembly rights under such constitutions in any such leased facilities and grounds, the provisions of this rule regarding time, place and manner shall apply.

 

R23-19-3. Definitions.

(1) "Agency" means a State of Utah department, division or agency.

(2) "DFCM" means the Division of Facilities Construction and Management, a division within the Department of Administrative Services.

(3) "Event" or "events" are commercial, community service, private and state sponsored activities involving one or more persons. A free speech activity is not an event for purposes of this rule. The term "activity" or "activities" may be substituted in this rule for the term "event" or "events."

(4) "Facility Use Application" means a form, if required by the policies of the Managing Agency, which may require information identifying the event, time, location and purpose for a facility use permit that needs to be completed by a prospective user and submitted to the Managing Agency of the State Office Building.

(5) "Facility Use Permit" ("Permit") means a written permit issued by the Managing Agency authorizing the use of an area of state facilities and grounds for an event in accordance with this rule.

(6) "Freedom of Speech Activity" is as defined in Rule R23-20.

(7) "State Sponsored Activity" means any event sponsored by the state that is related to state business. This does not include extra-curricular activities.

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

(9) "Managing Agency" means the agency responsible for the management, operations and use of the facility. If DFCM is responsible for the maintenance of state facilities and grounds, the agreement between DFCM and the occupying agency shall identify the "Managing Agency."

(10) "State Facilities and Grounds" means State of Utah facilities and/or grounds where the principal use of the facility and/or grounds is related to state office or program functions or is under the control of any State of Utah agency; all of which is subject to the exclusions of Rule R23-19-2(2).

(11) "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.

(12) "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.

(13) "Political Sign" means a sign regarding a candidate for political office or regarding a political issue to be considered in an election.

(14) "Commercial Solicitation" is as defined in rule R23-19-6.

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

 

R23-19-4. State Office Building Use Requirements.

(1) The Managing Agency may adopt policies, which require a Facility Use Permit to be submitted. Such policies may provide for a waiver of the policy adopted under this Rule R23-19-4(1) under criteria specified in the policies. The policies may specify the form of the application, including:

(a) The time, place, purpose and scope of the proposed activity;

(b) Whether the applicant requests a waiver of any requirement of this rule or provision of the Facility Use Permit;

(c) A certificate of liability insurance in the amount of $1,000,000 per occurrence, except for Freedom of Speech Activities where no insurance is required; and

(d) Any required fee subject to the following:

(i) Fees may be assessed for the use of state facilities and grounds through the written policies of the Managing Agency. When any activity is subject to a fee, the Managing Agency should consider at a minimum the actual cost to the State including utilities, janitorial, security and rental cost for equipment. The following applies to specific activities:

(ii) "Freedom of Speech Activities." There are no fees for freedom of speech activities, but costs for requested use of state equipment or supplies may be assessed through the uniformly applied policies of the Managing Agency.

(ii) "Commercial Activities" or "Private Activities" shall be assessed a fee, which is reasonably comparable to fees charged for similar activities within the County of the state facilities and grounds. There shall be no fee waiver allowed for commercial or private activities.

(iii) "Community Service Activities" shall be assessed a fee of 50 percent of the fee for a commercial activity and such fee may only be waived if requested in a facility use application and granted by the approving authority. There shall be no waiver of the fee related to the costs of requested use of state equipment and supplies, which is assessed through the uniformly applied policies of the Management Agency.

(iv) "State Sponsored Activities." There are no fees for state sponsored activities, except that state agencies will be required to pay the costs and fees identified in the uniform policies of the Management Agency when the activity is not required for the conducting of state business, such as after-hour social events, employee recognition events, and holiday parties.

(2) The proposed activity shall not interfere with the operation of governmental business or public access. No persons shall unlawfully intimidate or interfere with persons seeking to enter or exit any facility, or use of any state facilities and grounds.

(3) The consumption, distribution or open storage of alcoholic beverages in state facilities and grounds is prohibited. This provision shall not apply to state facilities and grounds under the jurisdiction of the Department of Alcohol Beverage Control or golf courses under the Division of Parks and Recreation.

(4) Open flames, flammable fluids, candles, burning incense or explosives are prohibited.

(5) No displays, including but not limited to signs, shall be affixed to state facilities and grounds.

(6) 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 state.

(7) Alteration and damage to a state facilities and grounds including grass, shrubs, trees, paving or concrete, is prohibited.

(8) 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 persons(s) responsible for such damage or destruction.

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

(10) Littering is prohibited.

(11) Decorations.

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

(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 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 Performances, Section 76-10-1201 et seq.

(12) Set up/Clean up.

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

(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 state facilities and grounds in its original condition and appearance.

(13) Parking. There must be compliance with the written parking requirements adopted by the Managing Agency.

(14) Compliance with Laws.

(a) Users shall conform to all applicable and constitutional laws and requirements, including health, safety, fire, building and other codes and similar requirements. Occupancy limits as posted in or applicable to any public area will dictate, unless otherwise limited for public safety, the number of persons who can assemble in the public areas. Under no circumstance will occupancy limits be exceeded. State security personnel shall use reasonable efforts to ensure compliance with occupancy, safety, and health requirements.

(b) Safety requirements as used in this rule include safety and security requirements made known to the Managing Agency by the Utah Department of Public Safety or the federal government for the safety and security of special events and/or persons.

(c) "No Smoking" statutes, rules and policies, including the Utah Indoor Clean Air Act, Section 26-38 et seq. shall be observed.

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

(15) Security and Supervision at Events.

(a) The Managing Agency may adopt written policies regarding security requirements for events, which must be followed.

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

(16) Photography, Portraits and Video/Filming.

(a) Any photography, videotaping or filming, shall require advance notice to, and permission from the Managing Agency for scheduling.

(b) This Subsection (16) shall not apply to tourists and does not apply to the extent it is the exercise of a free speech activity.

(17) Commercial, Private and Community Service Activities. A Managing Agency may determine through its written policies to categorically not allow any commercial, private and/or community service activities. However, if commercial or private activities are allowed, then community service activities shall be allowed subject to all the requirements of this rule and a facility use permit.

(18) Liability.

(a) The state, Managing Agency 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.

(19) Indemnification. Individuals and organizations using any state facilities and grounds do so at their own risk and shall indemnify and hold harmless the state from and against any and all suits, damages, claims or other liabilities due to personal injury or death, and from damage to or loss of property arising out of or resulting from the conduct of such use or activities on the Capitol Hill Complex.

(20) Enforcement of Rules. 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 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 state facility and grounds.

 

R23-19-5. Facility Use Permit - Denial - Appeal - Cancellation - Revocation - Transfer.

(1) Within ten (10) working days of receipt of a completed application, the Managing Agency shall issue a Facility Use Permit or notice of denial of the application.

(2) The Managing Agency 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 freedom of 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 Managing Agency may place conditions on the approval that alleviates such concerns.

(a) If the applicant disagrees with a denial of the application or conditions placed on the approval, the applicant may request a reconsideration of the Managing Agency's determination by delivering the written request for reconsideration and reasons for the disagreement to the Managing Agency within five (5) working days of the issuance of the notice of denial or approval with conditions.

(b) Within ten (10) days after the Managing Agency receives the written request for reconsideration, the Managing Agency may modify or affirm the determination.

(c) If the matter is still unresolved after the issuance of the Managing Agency's reconsideration determination, the applicant may appeal the matter, in writing, within ten (10) calendar days to the Executive Director of the Department of Administrative Services 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 Managing Agency.

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

(a) The Managing Agency may revoke any issued permit if this rule R23-19, 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 refund of fees, less any incurred costs to the state or managing agency, and any deposits if written notice of cancellation is received by the Managing Agency 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.

 

R23-19-6. Commercial Solicitation Policy.

(1) In general, commercial solicitation is prohibited.

(2) Nothing in this rule shall be interpreted as to infringe upon anyone's constitutional right of freedom of speech and freedom of association.

(3) In addition to the definitions in R23-19-3 above, the following definitions shall also apply to this Rule R23-19-6:

(a) "Commercial Solicitation(s)" means any commercial activity conducted for the purpose of advertising, promoting, fund-raising, buying or selling any product or service, encouraging membership in any group, association or organization, or the marketing of commercial activities by distributing handbills, leaflets, circulars, advertising or dispersing printed materials for commercial purposes.

(b) "Commercial Solicitation" for the purpose of this rule does not include free speech activities as defined in rule R23-20, Utah Administrative Code.

(c) "Commercial Solicitation" for the purpose of this rule does not include filming or photographic activities, but such activities shall be subject to rule R23-19 et seq.

(d) "Commercial Solicitation" for the purpose of this rule does not include solicitation by the state or federal government; solicitation related to the business of the state, solicitation related to the procurement responsibilities of the state, solicitation allowed as a matter of right under applicable federal or state law; or solicitation made pursuant to a contract or lease with the state.

(4) Commercial Solicitation Allowed under a Facility Use Permit.

(a) Commercial solicitation, not prohibited by R23-19-6(5) below, may be allowed in conjunction with the issuance of a facility use permit under rule R23-19 and such commercial solicitation must comply with the facility use rules of R23-19-1 et seq.

(b) All materials allowed shall be displayed only on bulletin boards or in areas that have been approved in advance by the Managing Agency.

(c) The issuance of a facility use permit shall not be construed as state endorsement of the solicitor's product, service, charity or event.

(d) Soliciting activities are subject to all littering laws and regulations.

(5) Prohibited Commercial Solicitation. The following commercial solicitation activities are prohibited and no facility use permit shall be issued for such:

(a) Door-to-door commercial solicitation of items, services or donations.

(b) Commercial solicitation to persons in vehicles or by leaving any commercial solicitation materials on vehicles or parking lots.

(c) Any sale of food or beverage products that would be in any violation of any contract entered into by the State or the Managing Agency.

 

R23-19-7. Waivers.

(1) The Managing Agency may waive, in writing, the requirements of any provision of this Rule R23-19 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 Permit as described in R23-19-5.

(2) 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 commercial solicitation activities.

(3) Notwithstanding the waiver provisions of this rule, the following may not be waived by the Managing Agency: R23-19-4(2), (4), (7), (8), (9), (10), (14), (15), (17), (18), (19) and (20) as well as R23-19-6.

 

R23-19-8. Political Signs.

Political signs, except for hand-carried signs during permitted events under a Facility Use Permit, are prohibited on all State of Utah owned properties except as allowed under a Freedom of Speech Activity or as protected under the State of Utah or United States Constitutions.

Rule R23-19-8(1) shall not apply to Utah Department of Transportation right-of-ways, properties of the State and Institutional Trust Lands Administration or properties of Higher Education, any of which may have its own laws or rules applicable to political signs.

 

KEY: public buildings, facilities use[*]

Date of Enactment or Last Substantive Amendment: [January 1, 1998]2007

Notice of Continuation: June 14, 2002

Authorizing, and Implemented or Interpreted Law: 63A-5-103, 63A-5-204