No. 34802 (New Rule): Rule R23-31. Executive Residence Commission

(New Rule)

DAR File No.: 34802
Filed: 05/10/2011 05:52:27 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of the rule is to implement S.B. 203 of the 2011 General Session which amends Subsections 67-1-8.1(3) and 67-1-8.1(8). This rule identifies the historical preservation zones within the Governor's Mansion, specifying what areas of the building can be modified. Among other things, it educates concerned parties of the reasons behind the restoration project and the choices of the character defining features of the mansion. (DAR NOTE: S.B. 203 (2011) was effective 05/10/2011.)

Summary of the rule or change:

This is a new rule to implement S.B. 203 of the 2011 General Session which amends Subsections 67-1-8.1(3) and 67-1-8.1(8). Said bill modifies the membership and duties of the Executive Residence Commission (commission) by providing definitions, expanding the membership and duties of the commission, and requires the commission to meet at least once a year and make any recommendations to the Utah State Building Board. It requires DFCM to provide administrative support to the commission. This rule provides written requirements regarding alterations and modifications within the Governor's Mansion as defined in Section 67-1-8.1.

State statutory or constitutional authorization for this rule:

• Section 63A-5-103
• Section 67-1-8.1

Anticipated cost or savings to:

the state budget:

There will not be any aggregate anticipated cost or savings to the state budget because this rule is consistent with current practices in regard to funding. However, under Sections 63A-3-106 and 63A-3-107, commission members are entitled to per diem and travel expenses reimbursement. This cost would be minimal and is unknown.

local governments:

No cost or savings are anticipated for local governments with this new rule. No new requirements were created with this new rule that impact local governments.

small businesses:

There are no aggregate anticipated cost or savings to small businesses and businesses (fewer than 50 employees). No new requirements were created with this new rule that impact local governments.

persons other than small businesses, businesses, or local governmental entities:

There are no aggregate anticipated cost or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

Implementation of this new rule will not require any compliance costs for affected persons.

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

Implementation of this new rule is consistent with current practices in regard to funding and is not significantly different from current practices. Therefore, there will not be a fiscal impact on businesses.

Kimberly K. 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
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Priscilla Anderson at the above address, by phone at 801-538-9595, by FAX at 801-538-3378, or by Internet E-mail at [e-mail]
• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at [e-mail]
• Cecilia Niederhauser at the above address, by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at [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:

07/01/2011

This rule may become effective on:

07/08/2011

Authorized by:

D. Gregg Buxton, Director

RULE TEXT

R23. Administrative Services, Facilities Construction and Management.

R23-31. Executive Residence Commission.

R23-31-1. Purpose.

The purpose of this rule is to comply with S.B. 203 of the 2011 General Session of the Utah Legislature which amends the provisions of Section 67-1-8.1.

 

R23-31-2. Authority and Applicability.

This rule is authorized under Section 63A-5-103(1)(e), which directs the Building Board to make rules necessary for the discharge of the duties of the Division of Facilities Construction and Management. This is a new rule to implement S.B. 203 of the 2011 General Session of the Utah Legislature which amends Section 67-1-8.1.

 

R23-31-3. Definitions.

(1) Except as otherwise stated in this rule, terms used in this rule are defined in Section 67-1-8.1.

(2) In addition:

(a) "Board" means the State Building Board established pursuant to Section 63A-5-101.

(b) "Commission" means the Executive Residence Commission established pursuant to Section 67-1-8.1.

(c) "Executive Residence" includes the:

(i) Thomas Kearns Mansion;

(ii) Carriage House building; and

(iii) Grounds and landscaping surrounding the Thomas Kearns Mansion and the Carriage House building.

(d) "Preservation Zones" are those zones described in Rule 23-31-6.

 

R23-31-4. Preservation Zones of the Governor's Mansion.

(1) Preservation Zone One: The following applies to Preservation Zone One:

(a) Zone One contains very important character defining features, consisting of all floor, wall and ceiling finishes. All decorative elements and furnishings existing as of May 10, 2011 have been carefully researched and selected to reflect the historic significance of the Executive Residence. Zone One is described in Rule R23-31-6.

(b) Any changes to the decorative elements and furnishings in Zone One will need the review and recommendation of the Commission to the Board. Approval may be given by the State Building Board after considering input from the Commission and the State Historic Preservation Officer.

(c) There must be compelling reasons presented to the Board for changes to the decorative elements and furnishings in Zone One.

(d) Notwithstanding the above, and provided that the Zone One characteristics are not affected, it is recognized that the Residence acts as the temporary home of the First Family. Placement of personal art and memorabilia is encouraged throughout the Residence to personalize the spaces and allow the Residence to provide a home life for the Governor and the Governor's family. The placement of said personal art and memorabilia shall be carefully considered to ensure that character defining features are preserved.

(2) Preservation Zone Two. The following applies to Preservation Zone Two:

(a) The area described in Rule R23-31-6 as Zone Two has been previously altered, but contains some Zone One character defining features, which features shall be considered part of Zone One. Examples of such features are: ceiling plasterwork, woodwork, certain wall locations, fireplaces, windows and window surrounds, original flooring, light fixtures and other character defining features.

(b) Temporary furnishings may be altered without going through the Commission; but the Commission shall be made aware of any such alteration request in writing.

(c) Any changes to Zone Two may be done without any review or approval by the Commission or the Board.

 

R23-31-5. Specific Descriptions of the Preservation Zones for Purposes of this Rule.

The following provides the specific descriptions of the Preservation Zones for purposes of this Rule R23-31:

(1) Mansion Exterior:

(a) All exterior surfaces are considered Preservation Zone One.

(2) Mansion Floor One (Main Level):

(a) All areas on the main level are considered Preservation Zone One.

(3) Mansion Floor Two:

(a) Main stairs and north stair and well area are considered Preservation Zone One.

(b) The private residence area on level two is considered Preservation Zone Two with the following exceptions which are considered Preservation Zone One:

(i) Private Quarters Entry Hall

(A) Permanent fixtures

(B) Wall treatments

(C) Wall sconces

(D) Flooring

(ii) Den/Living Room

(A) Birdseye maple

(B) Flooring

(C) Fireplace

(D) Plasterwork

(E) Woodwork

(iii) Dining Room/TV Area

(A) Plaster work

(B) Fireplace

(C) Woodwork

(D) Flooring

(iv) All Bedrooms

(A) Fireplaces where applicable

(B) Permanent fixtures

(C) Wall treatments

(D) Wall sconces

(E) Flooring

(4) Mansion Floor Three

(a) All areas on level three are considered Preservation Zone One with the following exceptions which are Preservation Zone Two:

(i) Serving kitchen, pantry and hallway to restrooms

(ii) Private bedroom on level three is considered Preservation Zone Two with the following exceptions which are Preservation Zone One:

(A) Permanent fixtures

(B) Wall treatments

(C) Wall sconces

(D) Flooring

(E) Decorative plaster

(F) Woodwork

(5) Mansion Basement Level

(a) All areas on basement level are considered Preservation Zone Two with the following exceptions which are Preservation Zone One:

(i) All wood doors and historic wood partition

(ii) Windows and window surrounds

(6) Carriage House Exterior

(a) All exterior surfaces are considered Preservation Zone One

(7) Carriage House Interior

(a) All interior areas are considered Preservation Zone One with the following exceptions which are Preservation Zone Two:

(i) Executive Security control room and office area

 

R23-31-6. Provisions of Section 67-1-8.1 Shall Govern.

All provisions of the Section 67-1-8.1, whether or not referred to in this rule, shall govern the Commission and all other agencies, entities and persons as provided for in Section 67-1-8.1.

 

R23-31-7. Report to the Building Board.

DFCM shall report to the Board about the Commission as needed.

 

KEY: Governor's Mansion, Executive Residence Commission, preservation

Date of Enactment of Last Substantive Amendment: 2011

Authorizing and Implemented or Interpreted Law: 63A-5-103(1)(e); 67-1-8.1(3); 67-1-8.1(8)

 

---