Section R131-2-6 - General Requirements for Use of the Capitol Hill ComplexThese are the requirements for use of the Capitol Hill Complex. Pursuant to Subsection 53-8-105(9), the Highway Patrol shall enforce the state law and rules governing the use of the Capitol Hill Complex.
(1) General Requirements. (a) This Section R131-2-6 shall apply to a Free Speech Activity, and to all Events, Solicitations and Users.(b) On state holidays, the Capitol building will be open to the general public from 7 a.m. to 6 p.m. Otherwise the Capitol building will be open to the general public Monday through Thursday from 7 a.m. until 8 p.m. and on Friday through Sunday from 7 a.m. to 6 p.m. A Free Speech Activity may be conducted beyond the times identified in this subsection, as specified in Rule R131-11. Unless otherwise authorized, Capitol Hill Facilities and Capitol Hill Grounds, including the Capitol Rotunda, are available for permitted use, activities, or events from 8 a.m. to 11 p.m. The hours that the Capitol building, Capitol Hill Facilities and Capitol Hill Grounds, including the Capitol Rotunda, are open to the public or available for permitted use, activities, or events, may be modified by the Board.(c) Activities, except for a Free Speech Activity, may be specifically denied during legislative sessions.(d) No Event or Solicitation may disrupt or interfere with any legislative session, legislative meeting, or the conduct of any state or governmental business, meeting or proceeding on the Capitol Hill Complex. No person shall unlawfully intimidate or interfere with persons seeking to enter or exit any facility, or use of the Capitol Hill Complex.(e) Levels of audible sound generated by any individual or group, indoors or on the plaza between the Rebecca D. Lockhart House Building and Senate Building, whether amplified or not, may not exceed 85 decibels or a more restrictive limit established by applicable laws or ordinances. All outdoor Events may not exceed noise limits established by applicable laws or ordinances.(f) Fire exits, staircases, doorways, roads, sidewalks, hallways, and pathways may not be blocked, and the efficient flow of pedestrian traffic may not be obstructed at any time.(g) Alteration and damage to the Capitol Hill Grounds including grass, plants, shrubs, trees, paving, or concrete is prohibited.(h) No object or substance of any kind shall be placed on or in the Capitol Plaza fountain. Any specie placed in the fountain is the property of the state. Standing on or in the fountain is prohibited. Harassing waterfowl in the fountain is prohibited.(i) 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.(j) The consumption, distribution, or open storage of alcoholic beverages is prohibited. There shall also be compliance with Section 32B-4-415.(k) Service animals, emotional support animals and law enforcement animals are permitted in Capitol Hill Facilities, but the presence of other animals in Capitol Hill Facilities is allowed only with advance written permission of the Executive Director. Service animals, emotional support animals, law enforcement animals and domestic pets are permitted on the Capitol Hill Grounds. Users are responsible for the safety of their animals, other Users, the Capitol Hill Grounds and Capitol Hill Facilities. Pet waste stations are provided on the Capitol Hill Grounds. A User whose animal defecates on the Capitol Hill Grounds shall immediately clean up all feces and place it in a waste station. A User whose animal defecates or urinates in Capitol Hill Facilities shall immediately clean it up. Any animal acting aggressively or which attacks, chases, or worries a User or other animal at the Capitol Hill Complex or which reasonably appears to constitute a danger or nuisance to the Capitol Hill Complex or Users shall be immediately removed from the Capitol Hill Complex.(l) Camping is prohibited on the Capitol Hill Complex.(m) Littering is prohibited.(n) Commercial Solicitation as defined in Rule R131-10 is prohibited except as provided in Rule R131-10.(o) The use of a personal space heater is prohibited, except as provided in Subsection (i). (i) Any person with a medical related condition may obtain approval by the Executive Director 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 (ii).(ii) If a space heater is approved by the Executive Director, the space heater may not exceed 900 watts at its highest setting, be equipped with a self-limiting element temperature setting for the ceramic elements, have a tip-over safety device, be equipped with a built-in timer not to exceed eight hours per setting, be equipped with a programmable thermostat, and be equipped with an overheat protection feature.(p) Tables, chairs, furniture, art, and other objects in the Capitol building shall only be moved by the Executive Director's staff. No outside furniture, including tables or chairs, shall be allowed in the Capitol building or any other Capitol Hill Facilities without the advance written approval of the Executive Director.(q) Temporary enclosures including privacy changing tents, are prohibited, without the advance written approval of the Executive Director, provided this rule does not prohibit the use of construction trailers or temporary toilets by authorized contractors.(2) Decorations. (a) All cords must be taped down with 3M #471 tape or equivalent as determined by the Executive Director.(b) There shall be no posting or affixing of placards, banners, or signs to any part of the Capitol Hill Complex. All signs or placards used at the Capitol Hill Complex shall be handheld.(c) No adhesive material, except for tape as provided in Subsection (a), wire, nails, or fasteners of any kind may be used on the Capitol Hill Complex.(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) Users may not decorate the inside or outside of any Capitol Hill Facilities or any portion of the Capitol Hill Grounds without the advance written approval of the Executive Director. Users must submit any decoration requests in writing to the Executive Director at least ten working days in advance.(h) Signs, posters, decorations, displays, or other media shall follow the state law regarding Pornographic and Harmful Materials and Performance, Section 76-10-1201 et seq.(i) Leaving any items against the exterior or interior walls, pillars, busts, statues, portraits or staircases of the Capitol building is prohibited.(j) Balloons are not allowed inside the Capitol building.(k) In areas subject to the jurisdiction of the Board, excepting curtains, blinds, or other window treatments approved in writing by the Executive Director, no objects, signs, flags, posters, stickers, or banners may be affixed to or placed, exhibited or displayed in, on or about the exterior windows of a building in any manner that such are visible from the outside of the building and may not hinder, obscure, or block in any manner the view of emergency personnel in identifying the source or location of a fire.(3) 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 Executive Director.(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 Capitol Hill Facilities and the Capitol Hill Grounds in their original condition and appearance.(4) Parking. (a) Parking is limited. All posted parking restrictions on the Capitol Hill Complex, including reserved parking stalls, shall be observed. Except when necessary to avoid conflict with other traffic, or in compliance with law, the directions of a peace officer, or a traffic-control device, a person may not stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers in a parking space identified as reserved for specific users, without:(i) Approval of the Executive Director; and(ii) A properly displayed placard or other identifying marker approved by the Executive Director to show this approval.(b) Parking for large vehicles or trailers shall require the prior approval of the Executive Director, which approval may be withheld if the large vehicle or trailer may interfere with the access or use of the Capitol Hill Complex.(c) Except as expressly allowed by the Executive Director, overnight parking is prohibited.(5) 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 Capitol 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 Executive Director by the Utah Department of Public Safety or the federal government for the safety and security of special events or persons on the Capitol Hill Complex.(c) "No Smoking" statutes, rules, and policies, including the Utah Indoor Clean Air Act, Title 26, Chapter 38, shall be observed.(d) The following are all prohibited: Open flames; flammable fluids; candles with flames; burning incense; smoke; fog machines; disseminating dust, powder, glitter, or confetti; and explosives; except that a gelled alcohol food warming fuel used for food preparation or warming, whether catered or not, is allowed provided that it is in:(i) a one-ounce capacity container (29.6 ml) on a noncombustible surface; or(ii) 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.(e) All persons must obey all applicable firearm laws, rules, and regulations.(6) Security and Supervision. (a) The Facility Use Application shall be reviewed by the senior ranking officer in charge of security for the Capitol Hill Complex, who shall determine the total number of uniformed security officers required for the proposed Event based upon the nature of the Event and the risk factors that are reasonably anticipated. Such determination by the senior ranking officer may increase the minimum number of required officers stated in this subsection. At a minimum: one uniformed security officer shall be required for any Event consisting of 1-399 participants; two uniformed security officers shall be required for any Event consisting of 400 or more participants. The applicant shall pay, in addition to all other required fees, the cost of the providing of all required security officers. These security fees may not be waived. This subsection does not apply to a Free Speech Activity or a State Sponsored Activity.(b) At least one representative of the applicant identified in the application and Permit shall be present during the entire activity.(c) The activity sponsor or Permit holder is responsible for restricting the area of use by participants to the specified room and rest room areas of the reserved facilities.(d) The activity sponsor or Permit holder shall control entrances to allow only authorized persons to enter any permitted facility or grounds.(7) Photography, Portraits, Video and Filming.(a) Any photography, videotaping or filming, shall require advance notice to, and permission from the Executive Director for scheduling.(b) Any photography, videotaping or filming, which includes wedding participants and family portraits, and which may take place anywhere on the Capitol Hill Complex, will be required to comply with this rule. (i) Such photography, videotaping or filming, may be scheduled by the Executive Director on Tuesday from 3 p.m. to 6 p.m., Friday from 12 noon to 6 p.m., and Saturday from 8 a.m. to 4 p.m. The Executive Director may allow a different time than specified in this subsection upon written request and if the Executive Director determines that such other time can be accommodated by any necessary state personnel and does not conflict with state business and any other scheduled Events. The Executive Director may reschedule as needed to accommodate Events and state business whether scheduled or not.(ii) Inside the Capitol building, such photography, videotaping or filming may occur in the following areas: the East grand stairs, the West grand stairs, and the center of the Rotunda or other areas as approved by the Executive Director.(iii) A processing fee shall be required for such photography, videotaping or filming. Additionally, a deposit may be required to cover the costs of any anticipated cleanup by the state after the photography, videotaping or filming. These fees shall be described in the Schedule of Costs and Fees approved by the Board.(c) Any photography, videotaping or filming that is for promoting any private business purposes, including television commercials, movies, and photography for business advertising, shall be required to submit a Facility Use Application, pay the required fee from the Schedule of Costs and Fees approved by the Board, and the time and location must be approved by the Executive Director.(d) Unless specifically endorsed by an authorized official of the state, any photography, videotaping or filming may not expressly or impliedly indicate any state endorsement of any product, service, or any other aspect of the depiction.(e) This subsection (7) does not apply to tourists and does not apply to the extent it is the exercise of a Free Speech Activity.(8) Liability. (a) The state, Board, Executive Director and their designees, employees and agents may 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 may not be held responsible for any property damage or loss, nor any personal injury sustained during, or as a result of, any use, activity, Event, or Solicitation.(c) Users or applicants shall be responsible for any personal injury, vandalism, damage, loss, or other destruction of property caused by the User or applicant or an attendee at the User's or applicant's Event.(9) Indemnification. Individuals and organizations using the Capitol Hill Complex do so at their own risk and shall indemnify and hold harmless the state from and against any 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.(10) Food Services, Cafe Operator and Authorized Caterer Requirements.(a) In General. Catering services on the Capitol Hill Complex shall be exclusively provided by the Cafe Operator and Authorized Caterer for those areas of the Capitol Hill Complex under the jurisdiction of the Board and to the extent expanded by the Legislative Management Committee or the Governor's Office, whichever applies. Multiple Authorized Caterers may be approved by the Executive Director. The Cafe Operator shall be responsible for all activities in the kitchen, servery, dining and conference rooms associated with the dining room of a cafe which may be located on the Capitol Hill Complex in an area to be designated by the Board (the "Cafe"). The Cafe Operator shall have the exclusive right to provide food and beverages in the Cafe, but may give permission for an Authorized Caterer to provide food and beverages in the Cafe.(b) Authorized Caterer Requirements. To qualify as an Authorized Caterer, an application must be approved by the Executive Director based on meeting the following requirements: (i) Quality Control Policies. The Authorized Caterer must have quality control policies that meet the requirements established by the Executive Director. The Executive Director shall provide a form describing the minimum standards.(ii) Application Form. A person or entity seeking to be an Authorized Caterer shall complete an application form approved by the Executive Director.(iii) Insurance. A Certificate of Insurance shall be provided to the Executive Director for all the following insurance and such insurance shall be maintained throughout the term of the catering event and for at least one year thereafter: (A) The Authorized Caterer shall maintain Commercial General Liability insurance with per occurrence limits of at least $1,000,000 and general aggregate limits of at least $2,000,000. The Authorized Caterer shall also maintain, if applicable to the Authorized Caterer's operations or the specific activity, Business Automobile Liability insurance covering the Authorized Caterer's owned, non-owned, and hired motor vehicles with liability limits of at least $1,000,000 per occurrence. Such insurance policies shall be endorsed to be primary and not contributing to any other insurance maintained by the Board or the state.(B) The Executive Director reserves the right at any time to require additional coverage from that required in this rule, at the Authorized Caterer's expense for the additional coverage, based upon the specific risks presented by any proposed Event and as recommended by the state's Risk Manager.(C) The Authorized Caterer shall maintain all employee related insurances, in the statutory amounts, such as unemployment compensation, worker's compensation, and employer's liability, for its employees or volunteers involved in performing services pursuant to the Event. Such worker's compensation and employer's liability insurance shall be endorsed to include a waiver of subrogation against the state, the Board, its agents, officers, directors, and employees. The Authorized Caterer shall also maintain "all risk" property insurance at replacement cost applicable to the Authorized Caterer's property and its equipment.(D) The Authorized Caterer's insurance carriers and policy provisions must be acceptable to the state's Risk Manager and remain in effect during the catering Event and for at least one year thereafter. The Board shall be named as an additional insured on the Commercial General Liability insurance policy. The Authorized Caterer will cause any of its subcontractors, who provide food, beverages, equipment, or materials or perform services related to the catering services, to also maintain the insurance coverages and provisions required of the Authorized Caterer.(E) The Authorized Caterer shall submit certificates of insurance as evidence of the required coverage to the Executive Director before entering into a contract related to the catering Event. Such certificates shall provide the Executive Director with 30 calendar days written notice before the cancellation or material change of the applicable coverage, as evidenced by return receipt or certified mail, sent to the office of the Executive Director.(iv) Indemnification: The Authorized Caterer shall hold harmless, defend and indemnify the state, the Board and its officers, employees, and agents from and against any acts, errors or omissions which may cause damage to property or persons, claims, losses, damages to the Capitol Hill Complex, causes of action, judgments, damages and expenses including attorney's fees because of bodily injury, sickness, disease or death, or injury to or destruction of tangible property or any other injury or damage resulting from or arising out of the negligent acts or omissions or willful misconduct of the Authorized Caterer, or its agents, employees subcontractors or anyone for whom the Authorized Caterer may be liable, except where such claims, losses, causes of action, judgments, damages and expenses result solely from the negligent acts or omissions or willful misconduct of the Board, its officers, employees or agents.(v) Record Keeping and Audit Rights: The Authorized Caterer shall maintain accurate accounting records for all goods and services provided and shall retain all such records for a period of at least three years from the date of the catering service. Upon reasonable notice and during normal business hours, the Board, or any of its authorized representatives, shall have access to and the right to audit any records or other documents pertaining to the Authorized Caterer. The Board's audit rights shall extend for a period of at least three years from the date of the catering service.(vi) Equal Opportunity: The Authorized Caterer may not unlawfully discriminate against any employee, applicant for employment, or recipient of services.(vii) Taxes: The Authorized Caterer shall be responsible for and pay all taxes which may be levied or incurred against the Authorized Caterer, including taxes levied or incurred against Authorized Caterer's income, inventory, property, sales, or other taxes.(viii) Tax Exemption: The Board is exempt from state sales and excise taxes. Exemption certification information appears on all purchase orders issued by the Board and such taxes will not apply to the Board.(ix) Suspension or Debarment. The Authorized Caterer must notify the Executive Director within ten calendar days if debarred or suspended by any governmental entity.(x) Comply with Facility Use Rules. The Authorized Caterer shall comply with all the Facility Use Rules enacted by the Board. Upon submission of any evidence to the Executive Director that the Authorized Caterer has not complied with a rule enacted by the Board, the Authorized Caterer shall be removed from eligibility for providing any catering service on the Capitol Hill Complex for a period as determined by the Executive Director and consistent with Section 63G-6a-904.(xi) Inspection. The Board or the Executive Director reserves the right to inspect the Authorized Caterer's facilities and operations with respect to use, safety, sanitation, and the maintenance of premises which shall be maintained at a level satisfactory to the Board.(xii) Utilities. The Authorized Caterer shall exercise due care to keep utility services at a minimum, conserve the use of energy and water, and control the resulting costs.(xiii) Food Handlers Permits. All the Authorized Caterer's employees must have a current Food Handlers Permit. Documentation shall be promptly provided upon request of the Executive Director that establishes that all employees and temporary employees have valid Food Handlers Permits.(xiv) The Authorized Caterer must have a locally grown food quality assurance program which covers the food or products that are not provided by nationally recognized vendors.(xv) Fees and costs associated with catering services, including the Cafe Operator or the Authorized Caterer, shall be the responsibility of the applicant and cannot be waived.(xvi) Security. (A) An Authorized Caterer shall provide to the Executive Director at least 24 hours in advance of any catered Event, a list of all full-time and part-time employees that will be involved with the catering service on the Capitol Hill Complex.(B) The applicant shall be assessed a fee to provide for the presence of at least one Board employee to be present and to assist with ingress and egress from the Capitol Hill Complex, set up, coordination and assurance of appropriate performance under this rule as well as timely and appropriate cleanup after the event. This fee cannot be waived.(11) Public Notices, Employee Postings, Required Use of Bulletin Boards.(a) Notices of Capitol Hill Complex meetings, information or announcements related to state or other governmental business shall be posted at Executive Director approved locations. If any posting is to be done by a person not officed in the Capitol Hill Complex, the Executive Director shall be notified before the posting for approval of the locations and duration of the posting. Such persons are also responsible to remove the notices after the related meeting or activity within 24-48 hours.(b) Posting of handbills, leaflets, circulars, advertising, or other printed materials by state employees officed in the Capitol Hill Complex shall be on Executive Director approved bulletin boards.(12) Dress. Appropriate apparel shall be worn at all times by Users of the Capitol Hill Complex. (a) Appropriate apparel means, at a minimum, apparel that fully covers with opaque material: (i) the chest, which shall mean the front surface of the human body between the neck and the abdomen;(ii) the pubic area and genitals; and(iii) the anus and buttocks, including the cleft of the buttocks.(b) Users shall wear shoes, boots, sandals or equivalent footwear at all times while at the Capitol Hill Complex.(c) A User breast feeding, including breast feeding in any location where the User otherwise may rightfully be, does not under any circumstance constitute an act prohibited by this rule, irrespective of whether or not the breast is covered during or incidental to feeding.(d) This rule does not prohibit the exposure of any body part of a user as a result of or incidental to a disability or medical emergency.(13) No user or person shall operate an "electric assisted bicycle," "electric personal assistive mobility device," "moped," "motor assisted scooter," "motorcycle," "motor-driven cycle," "mini-motorcycle," "autocycle," or "off-highway vehicle," as those terms are defined in Section 41-6a-102.(14) Enforcement of Rules. (a) A violation of a rule in Rules R131-1 through R131-16 relating to the use of the Capitol Hill Complex is an infraction under Subsection 63C-9-301(3)(b). If an act violating a rule subject to Subsection 63C-9-301(3)(b) also amounts to an offense subject to a greater penalty under Title 32B, Alcoholic Beverage Control Act, Title 41, Motor Vehicles, Title 76, Utah Criminal Code, Section 76-8-301, Interference with Public Servant, Section 76-9-102, Disorderly Conduct, or other provision of state law, Subsection 63C-9-301(3)(b) does not prohibit prosecution and sentencing for the more serious offense;(b) In addition to any punishment allowed under Subsection 63C-9-301(3)(b), pursuant to Subsection 63C-9-301(3)(d), a person who violates a rule adopted by the Board is subject to a civil penalty not to exceed $2,500 for each violation, plus the amount of any damages, expenses, and costs related to the violation of the rule that are incurred by the state; and(c) The law enforcement or security officer may issue a warning citation or pursue other lawful:(i) Civil or criminal enforcement;(ii) removal from the Capitol Hill Complex;(iv) cancel the subject Event or activity.(15) Waivers. The Executive Director may waive the requirements of Section R131-2-6 provided that Section R131-2-6 does not specifically state that it is non-waivable, upon being presented with compelling reasons that the waiver will substantially benefit the public of the state and that Capitol Hill Complex and Users of the Capital Hill Complex will be appropriately protected. Any approved waiver must still require compliance with this rule. The waiver request must be submitted in writing to the Executive Director and must accompany any required Facility Use Application. Conditions may be placed on any approved waiver by the Executive Director to assure the appropriate protection of the Capitol Hill Complex and Users of the Capitol Hill Complex. An appeal of a denial or the conditions of such waiver may be filed and processed similarly to the denial of a Facility Use Application as described in Section R131-2-5.
Utah Admin. Code R131-2-6
Amended by Utah State Bulletin Number 2015-6, effective 2/24/2015Amended by Utah State Bulletin Number 2016-16, effective 7/22/2016Amended by Utah State Bulletin Number 2024-05, effective 2/21/2024