Idaho Admin. Code r. 38.04.06.101

Current through September 2, 2024
Section 38.04.06.101 - OTHER STATE PROPERTIES

These rules apply to the following Other State Properties pursuant to the request of the state of Idaho public entity owning or controlling the property:

01.Idaho State Historical Society Properties.
a. The following properties owned or operated by the Idaho State Historical Society are Other Properties under these rules:
i. Idaho State Historical Museum, located at 610 North Julia Davis Drive, Boise, Idaho.
ii. Old U.S. Assay Office, located at 210 Main Street, Boise, Idaho.
iii. Old Penitentiary site located in Boise, Idaho and defined in Section 58-337, Idaho Code.
iv. Idaho History Center, located at 2205 Old Penitentiary Road, Boise, Idaho.
v. Franklin Historic Properties, located in Franklin, Idaho. The Franklin Historic Properties include the Franklin Co-operative Mercantile Institution Building, the Hatch House, the Doney House, and the Relic Hall.
vi. Pierce Courthouse, located in Pierce, Idaho.
vii. Rock Creek Station and Stricker Homesite, located at 3715 Stricker Cabin Road, Hansen, Idaho.
b. The following sections of these rules apply to the Idaho State Historical Society Properties set forth in Paragraph 101.01.a. of these rules only as modified by this Paragraph 101.01.b.:
i. Subsection 010.07. "Director" means the Executive Director of the Idaho State Historical Society when these rules are applied to the Idaho State Historical Society Properties.
ii. Subsection 200.01. "Authorized Uses by the Public" applies except that the Director may authorize Private Events or Exhibits and the exclusion of members of the public from attending Private Events and Exhibits. For the purpose of this subsection, the grant of a lease or a license is authorization to exclude members of the public from a Private Event or Exhibit.
iii. Section 302. "Maintenance and Improvements" applies as if the Idaho State Historical Properties were Capitol Mall Office Properties unless otherwise designated at the property, or posted on the Idaho State Historical Society website.
iv. Subsection 305.02. "Domestic Animals" applies unless a sign at the property specifies that domestic animals are not permitted.
c. The Idaho State Historical Society Properties set forth in Paragraph 101.01.a. of these rules may be licensed or leased and such license or lease may vary the provisions of these rules applicable to use of the property under this chapter, including but not limited to the following: commercial use; Public Use; Private Events or Exhibits; consumption and distribution of alcohol; affixing of materials to the Idaho State Historical Society Properties; use of sound amplification; fireworks displays; and, use of utilities.
02.Idaho Division of Veterans Services Properties.
a. The following properties owned or operated by the Idaho Division of Veterans Services are "Other State Properties" under these rules:
i. Idaho Division of Veterans Services Central Support Office, located at 351 Collins Road, Boise, Idaho.
ii. Idaho State Veterans Home - Boise, located at 351 Collins Road, Boise, Idaho.
iii. Idaho State Veterans Home - Lewiston, located at 821 21st Avenue, Lewiston, Idaho.
iv. Idaho State Veterans Home - Pocatello, located at 1957 Alvin Ricken Drive, Pocatello, Idaho.
v. Idaho State Veterans Home - Post Falls, located at 590 S. Pleasant View Road 101, Post Falls, Idaho.
vi. Idaho State Veterans Cemetery - Boise, located at 10100 N. Horseshoe Bend Road, Boise, Idaho.
vii. Idaho State Veterans Cemetery - Blackfoot, located at 2651 Cromwell Lane, Blackfoot, Idaho.
b. The following subsections of these rules apply to the Idaho Division of Veterans Services properties set forth in Paragraph 101.02.a. of these rules only as modified by this Paragraph 101.02.b.:
i. Subsection 010.07. "Director" means the Chief Administrator of the Division of Veterans Services when these rules are applied to the Idaho Division of Veterans Services properties set forth in Paragraph 101.02.a. of these rules.
ii. Subsection 200.01. "Public Use" shall not apply to the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules. Such properties include the exterior courtyards, patios, gardens, outside yards, and other similar residential spaces directly adjacent to the homes.
iii. Subsection 200.02.a. "Prohibited Uses" applies except those concessions at the Idaho Division of Veterans Services properties authorized by the Director are not commercial activity prohibited by these rules.
iv. Subsection 200.02.b. "Prohibited Uses" applies except those activities conducted by residents or staff of the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules may include the indicia of camping set forth in Section 67-1613, Idaho Code.
v. Subsection 200.02.c. "Prohibited Uses" applies except as set forth in this subsection.
(1) The Director may authorize Private Events or Exhibits and the exclusion of members of the public from attending Private Events and Exhibits. For the purpose of this subsection, the grant of a lease or a license is authorization to exclude members of the public from a Private Event or Exhibit.
(2) Burial services conducted by the Idaho State Veterans Cemeteries set forth in Paragraphs 101.02.a.vi. and vii. exclude the public. The public may not use portions of such cemeteries during burial services as directed by cemetery staff.
vi. Subsection 305.01.b. "Wildlife" applies except that the Director may authorize residents and staff of the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules to feed wildlife.
vii. Subsection 305.02. "Domestic Animals" applies except that the Director may authorize domestic animals in the interior of the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules.
viii. Subsection 307.02. "Alcohol" applies except as authorized by the Director for the prescribed medical treatment of a resident of the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules.
ix. Subsection 309. "Fire, Candles, and Flames" applies except that the Director may authorize the use of flames for the cooking of food by staff, contractors, and lessees or licensees.
x. Subsection 310.08 "Surface Markings" applies except transitory chalk may be used in areas and at times designated by the Director at the State Veterans Homes set forth in Paragraph 101.02.a.ii. to v. of these rules.
xi. Subsection 317.04 "Fireworks" applies except fireworks displays authorized by the Director.
03.Idaho Department of Labor Properties.
a. The following properties owned or operated by the Idaho Department of Labor are "Other State Properties" under these rules:
i. 600 N. Thornton Street, Post Falls, Idaho.
ii. 613 Ridley Village Road, Suite C, Sandpoint, Idaho.
iii. 1158 Idaho Street, Lewiston, Idaho.
iv. 4514 Thomas Jefferson Street, Caldwell, Idaho.
v. 317 W. Main Street, Boise, Idaho.
vi. 219 W. Main Street, Boise, Idaho.
vii. 420 Falls Avenue, Twin Falls, Idaho.
viii. 127 West 5th Street North, Burley, Idaho.
ix. 430 North 5th Avenue, Pocatello, Idaho.
x. 1515 East Lincoln Road, Idaho Falls, Idaho.
b.Subsection 010.07. "Director" means the Director of the Department of Labor when these rules are applied to the Idaho Department of Labor properties set forth in Paragraph 101.03.a. of these rules.

Idaho Admin. Code r. 38.04.06.101

Effective April 6, 2023