No. 27631 (New Rule): R131-8. CPB Facilities and Grounds: Maintenance of Aesthetics

DAR File No.: 27631
Filed: 12/30/2004, 03:43
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

Rule R131-8 defines the Capitol Preservation Board's statutory requirements to preserve, maintain, and restore Capitol Hill Facilities and Grounds as required by Section 63C-9-301.

 

Summary of the rule or change:

This new proposed rule establishes the care of facilities and grounds on Capitol Hill and protects the architectural integrity of the buildings.

 

State statutory or constitutional authorization for this rule:

Section 63C-9-301

 

Anticipated cost or savings to:

the state budget:

The Capitol Preservation Board finds that all costs associated with the preservation, maintenance, and restoration of Capitol Hill Facilities and Grounds, and contents are appropriated funds by the Legislature.

 

local governments:

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

 

other persons:

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

 

Compliance costs for affected persons:

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

 

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

The action of the Capitol Preservation Board does not affect businesses.

 

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

Capitol Preservation Board (State)
Administration
Room E110 EAST BUILDING
420 N STATE ST
SALT LAKE CITY UT 84114-2110

 

Direct questions regarding this rule to:

Sarah Whitney or David H. Hart at the above address, by phone at 801-538-3074 or 801-538-3074, by FAX at 801-538-3221 or 801-538-3221, or by Internet E-mail at [e-mail] or [e-mail]

 

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:

02/14/2005

 

This rule may become effective on:

02/15/2005

 

Authorized by:

David H. Hart, AIA, Executive Director

 

 

RULE TEXT

R131. Capitol Preservation Board (State), Administration.

R131-8. CPB Facilities and Grounds: Maintenance of Aesthetics.

R131-8-1. Purpose.

Pursuant to section 63C-9-301(1)(b), Utah Code, this rule defines the Board's statutory requirement to preserve, maintain and restore Capitol Hill facilities and Capitol Hill grounds.

 

R131-8-2. Authority.

This rule is authorized under Subsection 63C-9-402(1), Utah Code, which directs the Executive Director to develop a master plan for the Board's approval to maintain, preserve, restore, and modify the Capitol Hill facilities and Capitol Hill grounds.

 

R131-8-3. Definitions.

In addition to terms defined in Sections 63-56-5 and 63C-9-102, Utah Code:

(a) "Board" means the Capitol Preservation Board.

(b) "Design Guidelines and Imperatives" means the document of project parameters developed and titled by that name, and issued by the Board, that sets forth the architectural design direction consistent with the master plan approved by the Board.

(c) "Historic Fabric" means antiquities of various types, which are architectural elements both old and new, in existing and new structures that support the intent of the Board's master plan and the design guidelines and imperatives.

 

R131-8-4. Alterations to Buildings Interiors.

(a) Pursuant to Sections 63C-9-301 and 63C-9-402, Utah Code;

(i) No alteration to the interior of any building on Capitol Hill that is under the control of the Board shall be made without the signed, written approval of the Executive Director.

(ii) No alteration may be made to the interior of the Capitol Hill buildings that could have a visual or functional impact to the exterior appearance of the buildings, without the signed, written approval of the Executive Director.

(iii) All alterations to the interior space of any Capitol Hill facility shall comply with the architectural Design Guidelines and Imperatives, and selected historic color guidelines as approved by the Executive Director, following Board approval.

(b) Historic building elements and components of significance may not be altered, changed or removed without the signed, written approval of the Executive Director. New elements that are used to restore the historically significant elements such as furnishings, paint color, lighting fixtures, artifacts and other finished materials that are consistent with the historic fabric of the Capitol, shall be treated as historically significant to the Capitol Complex. Such finishes shall apply to new structures as well as existing structures.

 

R131-8-5. Exterior Building Alterations/Appearance.

(a) All objects that need to be attached to or hung from the exterior elevation of the buildings shall first have the signed, written approved of the Executive Director following Board approval.

(b) All items that are required to be mounted on the roof of any building shall first be approved of the Executive Director following Board approval.

 

R131-8-6. Alterations to Grounds.

No objects may be permanently placed on the grounds without the signed, written approval of the Executive Director, following approval of the Board.

 

R131-8-7. External Requests for Changes or Projects.

Pursuant to Section 63C-9-301(L), Utah Code:

(1) Agencies, private parties or organizations which disagree with any aspect or function or appearance of Capitol Hill facilities, and seek to have changes or modifications made thereto, shall apply for approval of such a project or function by contacting the Executive Director. The applicant shall submit:

(i) an application, and

(ii) a request for a feasibility study to be conducted to determine if the requested change, modification or alteration is consistent with authorized functions or design guidelines and imperatives, and the Board's Master Plan.

(2) Following an analysis of an application or request, the Executive Director shall:

(a) Find that the application or request is appropriate, and recommend approval to the Board; or

(b) Recommend denial of the application or request to the Board; or

(c) Contact the requesting agency/organization and suggest particular changes that may increase the possibility of the changes or project being more acceptable. Such suggestions will not be construed by the applicant as a guarantee of approval, but only that the change or project may be reconsidered.

(2) The Board may:

(a) Approve with or without recommendation,

(b) Deny with or without recommendations, or

(c) Advise the Executive Director to meet with the applicant and redesign the change or request.

(3) If the Board denies the change or request, the applicant shall be notified of the decision. If the applicant disagrees with the decision, and wishes to continue with his application or request, s/he shall begin again and re-apply.

(4) If the application or request is denied a second time, the applicant may not re-apply for the same request or project proposal until at least 12 months time has elapsed.

(5) If the Board approves the application or request, the applicant shall be notified by the Executive Director that the change or project has been approved in accordance with the following parameters.

(i) All changes, alterations and/or modifications to functions, uses or facilities, and approved by the Board, will be under the direction of the Executive Director.

(ii) Where needed, the Board shall retain a designer, contractor or other professionals to perform the work.

(iii) The Executive Director must give signed, written approval of and supervise the changes, or designs and construction work.

(iv) The Executive Director will assure that any work so conducted meets the scope of the master plan and the design guidelines and imperatives.

(v) The Executive Director will assure that all historically significant fabric is preserved and protected from damage.

 

KEY: CPB, aesthetics, maintenance, architecture

2005

63C-9-301