No. 27632 (New Rule): R131-9. State Capitol Preservation Board Art Program and Policy

DAR File No.: 27632
Filed: 12/30/2004, 04:02
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The proposed new Rule R131-9 defines the authority and scope of the Capitol Preservation Board's Executive Director to develop plans, programs, and policies for the placement and care of art on the Capitol Complex.

 

Summary of the rule or change:

This proposed new rule establishes the art policy and program for the Capitol Preservation Board.

 

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:

There may be some benefit to other persons when the Capitol Preservation Board purchases and/or commissions work. There may also be a benefit to individuals and/or organizations that provide art work in the Capitol Collection due to the maintenance and care of the art work provided by the Capitol Preservation Board. There may be a cost associated with the traveling exhibitions.

 

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.

R131-9. State Capitol Preservation Board Art Program and Policy.

R131-9-1. Purpose.

Pursuant to Section 63C-9-402, Utah Code, this rule defines the authority and scope of the Capitol Preservation Board's Executive Director to develop plans, programs and policies for the placement and care of objects under the care of the Board in Capitol Hill facilities and on Capitol Hill grounds.

 

R131-9-2. Authority.

This rule is authorized by Subsection 63C-9-301(3), Utah Code, directing the Board to make rules to govern, administer and regulate the Capitol Hill facilities and grounds.

 

R131-9-3. Definitions.

(a) "Capitol Collection" means all antiquities, works of art, and objects of historical significance that are identified by and under the care and custody of the Capitol Preservation Board (Board); including not only paintings and sculptures but also objects of art and architecture both in and out of the state art collection, also referred to as the "Alice Art Collection," which are under the custody and control of the Board.

(b) "Capitol Registrar and Curator" means the person responsible for the development, organization and care of the Capitol Collection. Pursuant to Section 63C-9-402(14), Utah Code, this person shall be a staff employee or contract-consultant to the Director.

(c) "Decorative Painting" means wall painting that adds detail and design to the ceiling and walls of a room. Decorative painting shall be considered art.

(d) "Giclee prints" means digitally mastered reproductions of a high quality that are approved by the Board for particular circumstances.

(e) "Original Works of Art" means painted or drawn art, sculpture, tapestries, photographs, mosaics, furniture, and other objects or furnishings of historical significance which are one-of-a-kind, unique and specifically created for the Capitol Complex and governmental agencies. This does not include mechanically reproduced prints, giclee prints, and copies of the work or other similar reproductions.

(f) "Private area" means space assigned to state officials or staff as part of the offices or work-space of a government agency. Such space is not considered a "public area(s)" as defined in Section 63C-9-701(4).

(h) "Semi-public area" means rooms or space which is not generally available to the public, but is most often accessible by invitation; including conference rooms, board rooms, waiting areas, foyers, etc.

(i) "Conservation Plan or Plan" means the plan developed under R131-9-6.

 

R131-9-4. Collection Management and Development.

Pursuant to Sections 63C-9-601 and 63C-9-702, Utah Code, the Board establishes the following methodology to acquire, control and exercise custody of art and furnishings:

(a) The Capitol Collection shall be organized by the Capitol Registrar/Curator and shall consist of five basic collections as follows:

Collection A: -- Site-Specific Paintings, Sculpture and Artifacts including the Original Works of Art attached to the building, which have historical significance, or were at one time included in the Capitol Collection. The Original Works of Art within this collection include items on permanent loan from the Alice Art Collection and items in a Capitol Collection separate from the Alice Art Collection. Among these are:

A1 -- Original Paintings such as oil, fresco, water-color, etc.,

A2 -- Sculpture for indoor and outdoor applications,

A3 -- Fiber and mixed media, and

A4 -- Plaques and commemorative works.

Collection B: -- Two and Three Dimensional Art and Artifacts including the Original Works of Art on temporary loan from various owners collections (including but not limited to the Utah State Senate, House of Representatives and Governors collections), such as:

B1 -- Original Paintings such as oil, fresco, water-color, etc.,

B2 -- Sculpture for indoor and outdoor applications

B3 -- Fiber and mixed media, and

B4 -- Plaques and commemorative works.

Collection C: -- Furniture, Fixtures and Equipment of a Historic or Decorative Nature that are intrinsic to the overall composition and architectural value of the building or buildings; most typically consisting of:

C1 -- Historic, Legacy and Replicated Objects

C2 -- Traditional and System Objects, and

C3 -- Historic and New Decorative Lighting (indoor and outdoor) and Hardware.

Collection D: -- Miscellaneous items including Rugs, Mirrors, Artifacts and other non-classifiable items; which are generally included in the following categories:

D1 -- Carpets, Drapes and Rugs,

D2 -- Mirrors, Clocks, Artifacts, and

D3 -- Non-Classifiable items.

Collection E: -- Traveling Exhibitions and Displays which includes temporary and permanently displayed objects depending on the exhibit or display. The most typical collections would include:

E1 -- Capitol display cases, and

E2 -- Traveling exhibits.

(a) The Capitol Preservation Board and the Capitol Registrar and Curator shall research and determine what elements of Original Works of Art, both within the state's control, or out of the state's control, shall be included in the Capitol Collection. Such research shall use the most reliable documentation as the foundation for determining which Original Works of Art shall be part of the Capitol Collection.

(b) The Capitol Registrar and Curator shall design and implement appropriate forms for loan agreements, release of objects and registration and condition reports.

(c) The Capitol Preservation Board shall cooperate with the Utah Arts Council to draft and up-date a Memorandum of Understanding between the two agencies governing the development of the Capitol Collection of Original Works Art to be placed in the Capitol or other locations on Capitol Hill. The Memorandum of Understanding shall provide that the Utah Arts Council shall continue to list the Capitol Collection as part of the Alice Art Collection, but shall designate it as being on a permanent loan status.

 

R131-9-5. Records and Data Management.

Pursuant to Sections 63C-9-301(i) and 63C-9-402(5), Utah Code:

(a) Under direction of the Board's Executive Director, the Capitol Registrar and Curator shall define, identify, design, and implement a record of all art, sculpture, artifacts and artistic objects referenced in the collection as noted in R131-9-4, including:

(i) Object numbering,

(ii) Photographic documentation,

(iii) Computer data referencing,

(iv) Catalog carding,

(v) Inventory carding,

(vi) Accessioning and object filing,

(vii) Drafting copyright and reproduction agreements,

(viii) Bibliographic and historical record preparation, and provenance carding (origin and source),

(ix) Preparation of object condition reports, and

(b) The Capitol Registrar and Curator will design methodologies to itemize and keep the above data in a current, timely, and purposeful manner for review by the Arts Placement Subcommittee and the Capitol Preservation Board.

 

R131-9-6. Conservation and Maintenance.

Pursuant to Section 63C-9-301(f), Utah Code, the Capitol Registrar and Curator, under direction of the Executive Director, shall develop a short and long-term Conservation Plan (plan) for the conservation and maintenance of all original works of art and artifacts. The Conservation plan shall include:

(a) That conservator(s) shall only in-paint with reversible materials which are accepted as appropriate in nationally certified conservation practice for master works; that the process shall not conceal or damage original artist work; and that "overpainting" is unacceptable and shall not be performed on objects covered by the Conservation Plan,

(b) That a maintenance schedule shall be incorporated into the Conservation Plan for each identified Original Work of Art,

(c) That budget recommendations for the maintenance and care of Original Works of Art shall be developed and submitted to the Board annually for approval and incorporation into the Board's budget, and

(d) That the Arts Placement Subcommittee shall cooperate with the Capitol Registrar and Curator to develop the Conservation Plan, for recommendation to the Board for approval and implementation.

 

R131-9-7. Art Display.

(a) The Capitol Preservation Board and Capitol Art Placement Subcommittee shall coordinate efforts by the Capitol Registrar/Curator to identify locations for original works of art in public areas within the Capitol and other Capitol Hill facilities. The Capitol Registrar and Curator shall contact heads of individual offices, agencies to facilitate the hanging of Original Works of Art from the Alice Art Collection or other collections, within Capitol Hill facility public lobbies and semi-public spaces. The Capitol Registrar and Curator will only assist with placements of art within state employee office areas, when requested.

(b) All Original Works of Art may be hung only by the Capitol Registrar and Curator in public and state employee office spaces. When placed in state staff offices, such art shall be monitored and recorded by the Capitol Registrar and Curator. When placement of art is requested by state employees, and the Capitol Registrar and Curator is contacted by for that purpose, he will record and monitor those as well. However, if works of art are hung in state employee offices without the knowledge of the Capitol Registrar and Curator, they will not be monitored and will not be considered part of the Capitol Collection and the Board will not have any responsibility for those artworks.

(c) Organizations such as the Utah Arts Council, Salt Lake County arts organizations, the Springville Museum of Art or similar groups, which have received requests from a state employee or elected official to provide art from their organization for placement in the Capitol, shall be required to first contact the Board prior to hanging such art. The Capitol Registrar and Curator shall record and monitor the art object while it remains on loan to such an office. If the borrowing organization fails to notify the Board of the loan, the Board will not be responsible for, nor shall the Office of Risk Management assume liability under any state risk-managed insurance policy for such artwork.

(d) The use or display of art-objects in Capitol Hill facilities and Capitol Grounds shall be conducted according to the following protocols:

(i) Capitol Building -- Only Original Works of Art shall be hung or displayed in the Capitol Building public areas and within ceremonial rooms such as Governor's Public Office and Reception Room, House Chambers and House Reception Room, Senate Chambers and Senate Reception Room, Supreme Court Chambers, State Room, Committee Rooms, Board Rooms, and Auxiliary Corridors.

(ii) Senate and House Buildings -- Original Works of Art shall be displayed, hung or attached to the walls in the main public lobbies. Original Works of Art and giclee prints may be hung in other public areas in the buildings including the House and Senate Public Lobbies, the Committee Rooms and the main entries to the various offices in the buildings.

(iii) State Office Buildings -- Original Works of Art shall be displayed, hung or attached to the walls in the main pubic lobbies. Original Works of Art and giclee prints may be hung in other public areas in the buildings.

When considering a placement of artwork, the Capitol Registrar and Curator shall consider the following needs for, and circumstances incidental to, prior to giving approval to hang or otherwise place the artwork:

(A) lighting and other environmental controls,

(B) security devices and related equipment,

(C) communication devices, and

(D) any other device or object needed for appropriate building functions.

 

R131-9-8. Commissioning of New Art.

Pursuant to Section 63C-9-703, Utah Code:

(1) The Capitol Registrar and Curator shall coordinate efforts with the Capitol Arts Placement Sub-Committee to facilitate the commission of new art as follows:

(a) Determine the location, subject matter and medium for the desired work and present information to the Capitol Preservation Board for approval;

(b) Issue a Request for Qualifications to artists who have demonstrated expertise in the type or medium of artistic projects being considered, or specified; and

(2) The Executive Director shall appoint a selection committee, consisting of members from the Capitol Arts Placement Sub-Committee, the Capitol Preservation Board, and staff of the Executive Director and Capitol Architect.

(3) The Selection Committee shall review artist qualifications and expertise, and shall develop a short list of at least three and no more than six qualified artists to compete for the commission.

(4) The short-listed artists shall be provided a stipend consistent with the assignment to submit a mockup or model which demonstrates the proposed work using the specified medium and subject matter, plus suggested modifications.

(5) The Selection Committee will review the submitted:

(i) mockups or models,

(ii) written explanations, and

(iii) fees for the work as installed in the location specified.

(6) Following the decision by the Selection Committee the Capitol Registrar and Curator shall inform the Capitol Arts Placement Sub-Committee and convey their recommendations to the Board. The Board shall review the recommended submittal(s). If approved by the Board, the Executive Director shall enter into a contractual arrangement with the selected artist.

(7) After the work is delivered and installed to the specified location, the ownership of the Original Work of Art shall be the property of the Capitol Preservation Board and shall be part of the permanent Capitol Collection. The Board may relocate the Original Art Work at any time.

 

R131-9-10. Decorative Painting and Historic Fabric.

(1) Decorative Painting and Historic Wall Fabric in the Capitol which has been recreated or restored to its original design, or close to its original design and detail, is considered a valuable component of the State Capitol. Colors, designs and locations shall be carefully researched and documentation shall be provided to the Executive Director. Given the sensitive nature and the expense for restoring painted historic fabric and decorative painting, the following protocols shall apply:

(a) in all space public and semi-public space, the decorative painting and Historic Fabric material shall be considered as artwork. It shall not be covered up, changed or painted over except by consent and direction of the Capitol Preservation Board, after review and recommendation by the Art Placement Subcommittee.

(b) The Capitol Preservation Board shall not control the use, organization or management of assigned private office spaces of Elected Officials and staff in the House of Representatives, and State Senate or Governors offices. However, the walls and the historic fabric and decorative paint in such semi-private/semi-public areas are considered to be a historical part of the Capitol, and shall not be decorated, marked, painted over or changed without approval by the Executive Director. Pursuant to Section 63C-9-301(1)(b), the Board shall preserve, maintain and restore the Capitol Hill facilities, grounds and their contents, including all attached and building art work. Accordingly, such spaces shall not be covered up, changed or painted over except by consent and direction of the Capitol Preservation Board.

(c) The placement or hanging of paintings or other artwork on the walls in these spaces shall be the prerogative of the organization assigned to use the space, but the Capitol Preservation Board shall provide for and supervise the installation of hanging devices for artwork to avoid damage to the walls. This same policy shall also apply to all such private offices or spaces where decorative painting or Historic Fabric exists.

 

R131-9-11. Artwork, Plaques and Exhibits in Public Space.

(1) Public Space within the Capitol and other building on Capitol Hill is defined as any space not assigned to the Executive Branch offices, Legislative Offices or Chambers or Judicial Offices or Chambers, or for maintenance. It shall include auxiliary and public circulation corridors in the basement, on the first, second, third and fourth levels. It does not include private (non-public) circulation corridors or secure circulation corridors which provide for internal or secure circulation. Public Space shall be open to the general public during the hours of operation which the capitol is open. This space is under the direction of the Board. The Board shall be responsible for the establishment of rules for the hanging of art as described in this rule.

(2) Semi-Public Space within the Capitol and other buildings on Capitol Hill shall be defined as the Lobby or other space which the public may freely enter with in the Executive Branch offices, Legislative Offices or Judicial Offices. These spaces are under the control of the state entity to which the space has been assigned. Only original art shall be hung in these spaces and the Executive Director's office shall be contacted to approve, and to assist the state entity with such tasks.

(3) Artwork and Plaques shall not be hung or mounted on the Second floor of the State Capitol Building.

(4) The hanging of Artwork, Plaques and Notice Boards on the third floor of the State Capitol Building shall be in designated spaces only. No other artwork, plaque or information device shall be hung on the walls on this floor.

(5) The first and fourth floor of the State Capitol Building shall be reserved for artwork of various types, but shall be under the direction of the Capitol Registrar and Curator and the Executive Director to provide permanent and temporary shows and exhibitions after approval of the Board.

(6) The State Capitol shall not be used to promote or market a product, name or sponsor any particular company, item or industry.

(7) Memorial and Commemorative plaques shall be located on the Memorial walk which has been specifically design to honor and respect those who have contributed in remarkable ways to the success of and reputation of the State. Organizations that have ceremonies that are part of there commemorative process will be given permission to use the Rotunda, Grand Stairs, and Grounds for the ceremonies as needed without fee.

 

KEY: CPB, art, policy, program

2005

63C-9-301