Section R23-19-4 - State Facilities and Grounds 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 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.Utah Admin. Code R23-19-4
Amended by Utah State Bulletin Number 2023-04, effective 2/8/2023