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COMMONWEALTH OF PENNSYLVANIA

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4 Pa. Code § 86.3. Policy governing the public areas of the Capitol Complex.

§ 86.3. Policy governing the public areas of the Capitol Complex.

 In its administration, operation and preservation of the Capitol Complex, the policy of the Department relating to the public use of all public areas of the Capitol Complex will be as stated in this section. For Department policy relating specifically to the interior or exterior public areas of the Capitol Complex, see § §  86.4 and 86.5 (relating to policy governing the interior public areas of the Capitol Complex; and policy governing the exterior public areas of the Capitol Complex).

   (1)  Discrimination. A public event or exhibit that discriminates on the basis of race, national origin, religion, sex, age, handicap, partisan politics or the content of any written or oral communication or other expressive activity will not be permitted.

   (2)  Interference with Commonwealth business. A public event or exhibit within the Capitol Complex may not interfere with a Legislative session or the conduct of public business by agencies of the Commonwealth. An event or exhibit may not threaten the safety and well being of the individuals conducting the work of the General Assembly or Commonwealth agencies.

   (3)  Emergencies. In case of fire, bomb threat, utility malfunction, structural failure, other unforeseen emergency, threat endangering public safety or health or in the interest of maintaining the necessary level of security, the Secretary may delay or postpone any scheduled event until the emergency or threat is over, and until the event can be rescheduled.

   (4)  Scheduling. Subject to the provisions of Chapter 85 (relating to exercise of First Amendment rights on Commonwealth property), use of the Capitol by an individual or organization for an event or exhibit is authorized only if the event or exhibit has been scheduled with the Secretary in accordance with the procedures in §  86.6 (relating to scheduling events and exhibits).

   (5)  Responsibilities of users of the Capitol Complex. Individuals or organizations are responsible for returning the areas used in conducting their events or exhibits to their original condition. Individuals or organizations are responsible for any vandalism, damage, breakage, loss or other destruction to the Capitol Complex caused by that individual or organization. The Department will assess individuals or organizations for damages incurred. The cost of the repair will include the costs for the services of specialists in relevant historical restoration skills as determined by the Secretary.

   (6)  Obligation to the Commonwealth to indemnify and hold harmless. Individuals and organizations using the Capitol Complex will be required by the Department to indemnify and hold harmless the Commonwealth, its departments, agents and employees, from and against all suits, damages, claims or other liabilities due to personal injury or death, damage to or loss of property to the Commonwealth or to others, or for any other injury or damage arising out of or resulting from the use of the Capitol Complex.

   (7)  Food and beverages. Food and beverages may be served at an approved event or exhibit only with the approval of the Secretary. A request for permission to serve food and beverages shall be submitted in writing before the scheduled event or exhibit and shall conform to the following:

     (i)   A description of the type of food and beverages to be served, the desired service area and the identification of the caterer, if applicable, shall be provided.

     (ii)   The applicant shall agree to assume full responsibility for the preparation, service and consumption of the food and beverages provided during the event or exhibit.

     (iii)   The applicant shall assure that the food and beverage service will not cause physical damage to the building or grounds.

     (iv)   Alcoholic beverages may not be served or consumed in a public area within the Capitol Complex, except with the express permission of the Secretary.

   (8)  Exhibits. The Department will allow exhibits subject to the following conditions:

     (i)   The Commonwealth is not responsible for damage to or loss or theft of exhibits during the period of their installation, display or removal. Unless otherwise approved by the Secretary, special security required for an exhibit shall be provided by the exhibit’s sponsor.

     (ii)   Exhibitors shall bear the cost of assembling, mounting, displaying and removing exhibits and of cleaning and restoring the exhibit space to its original condition under the supervision of the Secretary.

     (iii)   Displays shall be freestanding. Exhibits may not hang from walls or ceilings or be affixed to doors, windows, railings or other building surfaces (except for standing on the floor). Exhibits may not hang or be affixed to trees, shrubbery or other plantings, statuary, monuments, fences, light fixtures, light wells or the exterior surfaces of buildings. These items shall be removed at the expense of the person or organization responsible for the improper placement, and damages caused by the placement or removal will be assessed against the persons or organizations responsible.

     (iv)   Exhibits shall contain a disclaimer stating that the display is not owned, maintained, promoted, supported by or associated with the Commonwealth.

     (v)   Exhibits may be scheduled for display for up to 14 calendar days, subject to availability of time and space.

     (vi)   Requests for exhibit space shall include a clear layout, scale drawing or sketch of the proposed exhibit, preferably, as it will be displayed. The dimensions of the space required should be indicated, as well as the manner in which the exhibit will be mounted or displayed.

   (9)  Certain signs and other displays prohibited. No item or material with the potential to cause property damage may be used. The posting or affixing of signs, announcements or other documents on an exterior or interior wall, ceiling, floor, door, window or other surface of public areas not designed for that purpose is prohibited. Stickers, labels, tape or other adhesive material that might leave a residue or otherwise damage interior or exterior surfaces, including porches, stairs, statuary, monuments, light wells, fences and trees, are also prohibited. Tacks, nails, staples or other attachments may not be used. No item may be leaned against or tied to exterior or interior walls, pillars, portraits, furnishings, staircases or other features of any building. Items described in this paragraph will be removed at the expense of the person or organization responsible for the improper placement, and damages caused by the placement or removal will be assessed against the persons or organizations responsible.

   (10)  Removal of signs and other displays. Items or materials shall be removed promptly after an exhibit or event.

   (11)  Equipment. The Department has limited equipment (for example, public address system, chairs, tables, podium, and the like) for use at exhibits or events. Arrangements may be made for this equipment upon payment of reasonable charges, if available; otherwise desired equipment shall be provided by the individuals or organization sponsoring the event or exhibit. If equipment is required, an applicant should contact the Secretary to discuss availability of equipment and its intended use, and to place a reservation. Requests for equipment should be made at least 1 week in advance of the event or exhibit. Individuals or organizations using this equipment will be held responsible by the Department for damage to or loss to the equipment.

   (12)  Audio and sound amplifying equipment. No audio or sound amplifying equipment may be used the sound level of which interferes with any Legislative session or the conduct of public business by the General Assembly or Commonwealth agencies.

   (13)  Fees and other charges. The Department may charge fees for the use of equipment, power and labor to set up, operate and remove equipment, clean up and for other appropriate requirements.

   (14)  Commonwealth property. No person may remove Commonwealth property from the Capitol Complex except as permitted in the normal course of business, unless the removal has been previously authorized in writing by the Secretary.

   (15)  Security. To enhance security and public safety, visitors and other persons without a photo identification access badge will be subject to the procedures in §  86.4 (relating to policy governing the interior public areas of the Capitol Complex). Proper identification of employees and other visitors may be demanded at any time. If the facility is closed during an emergency, access may be denied for the duration of the emergency. Employees or other persons may be required to sign a registration sheet after normal working hours or when the building is closed.

   (16)  Removal of persons. A person who refuses to adhere to the policy of the Department will be subject to immediate removal from the building or grounds, or both, by Capitol security as authorized by section 2416 of The Administrative Code of 1929 (71 P. S. §  646). Nothing contained in this paragraph will be construed as limiting prosecution under an existing or future law.

Source

   The provisions of this §  86.3 amended September 6, 2002, effective September 7, 2002, 32 Pa.B. 4358. Immediately preceding text appears at serial pages (221068) to (221071).

Cross References

   This section cited in 4 Pa. Code §  86.4 (relating to policy governing the interior public areas of the Capitol Complex); and 4 Pa. Code §  86.5 (relating to policy governing the exterior public areas of the Capitol Complex).



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