Current through Bulletin 2024-06, March 15, 2024
(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 subsection 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 for the insurance required by Subsection (25);
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
shall 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 activities or
private activities.
(iii) Community
service activities" shall be assessed a fee of 50% 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 managing agency. 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 managing
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 managing 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 interfere with the use of any state facilities or
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 or training activities conducted by the
Department of Alcoholic Beverage Services or golf courses under the Division of
Parks and Recreation.
(4) Open
flames, flammable fluids, candles, burning incense or explosives are
prohibited, except that a gelled alcohol food warming fuel used for food
preparation or warming, whether catered or not, is allowed if it is in:
(a) a one-ounce capacity container (29.6 ml)
on a noncombustible surface; or
(b)
a container on a noncombustible surface, not exceeding one quart (946.g ml)
capacity with a controlled pouring device that will limit the flow to a one
ounce (29.6 ml) serving.
(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) Notwithstanding 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.
(6) For personal appliances, other than space
heaters regulated under Subsection
R23-19-4(5),
the following applies:
(a) Personal
appliances are prohibited in a private office or cubical but are allowed in
break areas.
(b) "Personal
appliances" for purposes of this rule include: coffee makers, refrigerators,
air conditioners, food warmers, hot plates, microwaves, waffle makers,
toasters, and toaster ovens.
(c)
"Personal appliances" for purposes of this rule does not include personal fans,
which are allowed.
(d) Any person
with a medical related condition may obtain approval by the managing agency to
use a personal appliance that would otherwise be prohibited, if the person
submits a signed statement by a Utah licensed physician verifying that the
medical related condition requires the use of the personal appliance in the
employee's private office or cubicle.
(7) No displays, including signs, shall be
affixed to state facilities and grounds.
(8) A permit holder may not change the
purpose of the permitted activity without the written consent of the managing
agency.
(9) Alteration and damage
to state facilities and grounds including grass, shrubs, trees, paving or
concrete, is prohibited.
(10) 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
responsible for such damage or destruction.
(11) Service animals are permitted, but the
presence of other animals is allowed only with advance written permission of
the managing agency. Owners and caretakers are responsible for the safety to
the animal, persons, grounds, and facilities.
(12) Littering is prohibited.
(13) 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.
(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
structures.
(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) The outside of a facility or any portion
of the grounds may not be decorated without permission of the managing
agency.
(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.
(14) Live cut trees.
Any live cut trees placed inside a building must be treated with fire retardant
as approved by the facility manager.
(15) The following applies to artificial
trees:
(a) Artificial trees shall be listed
flame retardant by an independently nationally recognized laboratory with
evidence of the listing available to the facility manager.
(16) The facility manager has the right to
deem a tree unsafe and request an agency to remove the tree immediately if this
rule is not strictly followed.
(17)
All electrical decorations, including those on trees, shall be UL listed in
good condition without frayed wiring, loose connections, or broken sockets.
They must be used according to the manufacturers' recommendations. The
electrical connection, including cabling must be approved in advance by the
facility manager. Any electrical decorations shall be turned off at the end of
the business day for each agency.
(18) Set up and Clean up.
(a) All deliveries and loading or 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 their original condition and
appearance.
(19) Parking.
There shall be compliance with the written parking requirements adopted by the
managing agency.
(20) 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 persons.
(c) "No Smoking" statutes, rules, and
policies, including the Utah Indoor Clean Air Act, Section
26-38-1 et seq. shall be
observed.
(d) All persons must obey
all applicable firearm laws.
(21) Security and Supervision at Events.
(a) The managing agency may adopt written
policies regarding security requirements for events, which shall be
followed.
(b) At least one
representative of the applicant identified in the application and permit shall
be present during the entire activity.
(22) Photography, Portraits, Video, and
Filming.
(a) Any photography, videotaping or
filming, shall require advance notice to, and permission from the managing
agency for scheduling.
(b) This
Subsection (22) shall not apply to tourists and does not apply to the extent it
is the exercise of a free speech activity.
(23) Commercial, Private and Community
Service Activities. A managing agency may determine through its written
policies to categorically not allow any commercial, private 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 permit.
(24) 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 and 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.
(25) Insurance.
Users and applicants shall at all times during the use of state facilities and
grounds, without interruption, carry and maintain commercial general liability
insurance from an insurance company authorized to do business in Utah. The
limits of this insurance will be no less than $1,000,000 per occurrence and
$2,000,00) aggregate. An applicant for a permit shall provide proof of the
general liability insurance policy with the applicant's application for a
permit. The state must be an additional insured with notice of cancellation.
Failure to provide proof of insurance as required will result in denial of the
application.
(26) Indemnification.
Users and applicants shall be fully liable for the actions of their members,
agents and employees and, to the fullest extent permitted by law, shall
indemnify, defend and save harmless the managing agency and the state of Utah
from all claims, losses, suits, actions, damages, and costs of every name and
description arising out of, in whole or in part, any intentional act or
negligence of the user and applicant, its members, agents, or employees,
without limitation; except that the managing agency and the state shall not be
indemnified for any claim, loss or damage arising due to the sole fault of the
managing agency or state of Utah. With respect to any limitations of the user's
and applicant's liability, including a limitation of liability clause for
anyone for whom the user and applicant is responsible, such limitations of
liability will not apply to injuries to persons, including death, or to damages
to property of the managing agency or state of Utah.
(27) 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.
