No. 31931 (Amendment): R23-19. Facility Use Rules

DAR File No.: 31931
Filed: 09/08/2008, 10:51
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to prohibit the use of personal space heaters in state facilities and grounds owned, occupied, or leased by the state for the use of its departments and agencies except for persons with a medical-related condition who have obtained approval by the managing agency in accordance with the specifications in Subsections R23-19-4(5)(b) and (c).

Summary of the rule or change:

This amendment prohibits the use of personal space heaters in state facilities and grounds owned, occupied, or leased by the state for the use of its departments and agencies except for persons with a medical-related condition who request approval from the managing agency. The request for approval shall include a signed statement by a Utah-licensed physician verifying that the medical condition requires a change in the standard room temperature. If the managing agency approves the use of a space heater, it shall not exceed 900 watts at its highest setting; be equipped with a self-limiting element temperature setting; have a tip-over safety device; be equipped with a built-in timer not to exceed eight hours; be equipped with a programmable thermostat; and be equipped with an overheat protection feature.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

It is anticipated this amendment will result in a minimal savings to the state budget. The state is currently incurring electrical costs for numerous existing unauthorized space heaters in state facilities and grounds owned, occupied, or leased by the state for the use of its departments and agencies. Removal of these unauthorized space heaters will result in a minimal cost savings but the actual amount is unknown until this rule is implemented.

local governments:

There will be no cost to local government because local governments do not have any jurisdiction or costs associated with state facilities and grounds owned, occupied, or leased by the state for the use of its departments and agencies.

small businesses and persons other than businesses:

There will be no cost to small businesses (fewer than 50 employees) AND persons other than businesses because small businesses do not have any costs associated with state facilities and grounds owned, occupied, or leased by the state for the use of its departments and agencies.

Compliance costs for affected persons:

There will be no compliance costs for affected persons because this rule applies to State facilities and grounds owned, occupied, or leased by the state for the use of its departments and agencies.

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

The fiscal impact on businesses will be negligible. Kimberly 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:

La Priel Dye, Priscilla Anderson, or Alan Bachman at the above address, by phone at 801-538-3240, 801-538-9595, or 801-538-3105, by FAX at 801-538-3313, 801-538-3378, or 801-538-3313, or by Internet E-mail at [e-mail], [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:

10/31/2008

This rule may become effective on:

11/07/2008

Authorized by:

D. Gregg Buxton, Director

RULE TEXT

R23. Administrative Services, Facilities Construction and Management.

R23-19. Facility Use Rules.

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)(a)  The use of a personal space heater is prohibited, except as provided in Subsection (b).

                (b)  Any person with a medical related condition may obtain approval by the managing agency to use a personal space heater provided the person submits a signed statement by a Utah licensed physician verifying that the medical related condition requires a change in the standard room temperature and the use of the space heater meets the specifications in Subsection (c).

                (c)  If a space heater is approved by the managing agency, the space heater shall:

                (i)  not exceed 900 watts at its highest setting;

                (ii)  be equipped with a self-limiting element temperature setting for the ceramic elements;

                (iii)  have a tip-over safety device;

                (iv)  be equipped with a built-in timer not to exceed eight hours per setting;

                (v)  be equipped with a programmable thermostat; and

                (vi)  be equipped with an overheat protection feature.

                (d)  Nothwithstanding any other provision of this Rule, if the space heater is to be placed in a facility leased by the State through the Division, the placement must also be approved by the Real Estate Section of the Division.

                ([5]6)  No displays, including but not limited to signs, shall be affixed to state facilities and grounds.

                ([6]7)  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]8)  Alteration and damage to a state facilities and grounds including grass, shrubs, trees, paving or concrete, is prohibited.

                ([8]9)  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]10)  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]11)  Littering is prohibited.

                ([11]12)  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]13)  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]14)  Parking.  There must be compliance with the written parking requirements adopted by the Managing Agency.

                ([14]15)  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]16)  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]17)  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]18)  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]19)  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]20)  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]21)  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.

 

R23-19-7.  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), (5) [(7), ](8), (9), (10), ([14]11), (15), ([17]16), (18), (19)[ and], (20) and (21) as well as R23-19-6.

 

KEY:  public buildings, facilities use, space heaters

Date of Enactment or Last Substantive Amendment:  [June 7, 2007]2008

Notice of Continuation:  May 24, 2007

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