KFB-Building Permit and Use

Date Adopted: 2 March 2005

Current Review / Revision: 1 October 2014

It is the purpose of this policy to provide opportunities for residents of the District to enjoy and participate in educational, social, and recreational activities through the establishment of a building permit process and associated fee schedules, rules, and procedures.

A school building is available as a civic center (Utah Code 53G-7-209) for accommodation of non-commercial recreational, social, and educational training purposes, as long as the use of school property does not interfere with a school function or purpose. A school building may also be available for commercial purposes, as explained in this policy. All use of buildings shall be subject to rules established by the Board of Education.

Definitions

• Commercial: The use of school buildings, facilities, or grounds with the intent of generating a
• Non-commercial: The use of school buildings, facilities, or grounds, as civic centers, with no expectation of generating a

Building Permits

All groups or individuals, whether commercial or non-commercial, are required to obtain a building permit prior to use of the building. To obtain a permit, the group or individual should submit to the school office a “Permit and Use Agreement” form. The Principal will review the form and issue a permit as long as the activity does not interfere with a school function or purpose, including a school fundraiser.

Fees

Use of the buildings will be subject to the "Building Permit Fee Schedule”, which shall be established by the Board of Education. The schedule shall include separate rates for commercial and non-commercial users. PTA's, PTO's, other District schools, and the District office, shall be granted use of facilities for school related activities without cost. No fee will be charged for building use for events sponsored by Emery County, such as the County Fair, and for local, state and national elections. All or part of a building rental fee may be waived by the Board of Education on a case- by-case basis.

Liability

The use of a school building and grounds as a civic center by non-commercial groups or individuals grants to Emery County School District full legal immunity under the Governmental Immunity Act of Utah, pursuant to Utah Code 63G-7-301. Accordingly, the District does not require an indemnification agreement or evidence of insurance from non-commercial groups or individuals.

Commercial groups or individuals are required to complete a District Indemnification Agreement and provide evidence of sufficient liability insurance. The District requires any permitted commercial use of buildings or facilities to be covered by a Comprehensive General Liability Policy in the amount of at least $1,000,000 per occurrence / $2,000,000 aggregate, and have the School or District named as an additional insured.

Regular Use Permits

Building use permits may be negotiated by the District with community groups or organizations which use the buildings or facilities on a regular basis. Such permits will include agreements relating to appropriate use, cost assistance, liability insurance and waivers, damaged property recovery, etc.