Administrative Services, Facilities Construction and Management

Rule R23-14

Management of Roofs on State Buildings

Notice of Proposed Rule

(Amendment)

DAR File No.: 37026
Filed: 11/01/2012 05:39:39 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule provides for the management of roofs on state buildings to prevent damage to the roof and to improve security of state buildings. The amendments to this rule will require any person accessing a roof to have fall protection equipment as required by any applicable authority. Also, in order to obtain access to buildings managed by the Division, a person, who is not an employee of the Division, must complete and execute a roof access application/agreement form, which does not have to be approved by the Director, but must be approved by another appropriate state employee.

Summary of the rule or change:

This rule provides for the management of roofs on state buildings to prevent damage to the roof and to improve security of state buildings. The amendments to this rule will require any person accessing a roof to have fall protection equipment as required by any applicable authority. Also, in order to obtain access to buildings managed by the Division, a person, who is not an employee of the Division, must complete and execute a roof access application/agreement form, which does not have to be approved by the Director, but must be approved by another appropriate state employee.

State statutory or constitutional authorization for this rule:

• Section 63A-5-103

Anticipated cost or savings to:

the state budget:

These amendments are for housekeeping purposes and do not affect the law significantly. These rule changes conform to current practices of the state.

local governments:

These amendments are for housekeeping purposes and do not affect the law significantly. These rule changes conform to current practices of the state.

small businesses:

These amendments are for housekeeping purposes and do not affect the law significantly. These rule changes conform to current practices of the state.

persons other than small businesses, businesses, or local governmental entities:

These amendments are for housekeeping purposes and do not affect the law significantly. These rule changes conform to current practices of the state.

Compliance costs for affected persons:

These amendments are for housekeeping purposes and do not affect the law significantly. These rule changes conform to current practices of the state.

Comments by the department head on the fiscal impact the rule may have on businesses:

These amendments are for housekeeping purposes and do not affect the law significantly. These rule changes conform to current practices of the state.

Kimberly Hood, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Facilities Construction and Management
Room 4110 STATE OFFICE BLDG
450 N STATE ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• Priscilla Anderson at the above address, by phone at 801-538-9595, by FAX at 801-538-3378, or by Internet E-mail at phanderson@utah.gov
• Alan Bachman at the above address, by phone at 801-538-3105, by FAX at 801-538-3313, or by Internet E-mail at abachman@utah.gov
• Cecilia Niederhauser at the above address, by phone at 801-538-3261, by FAX at 801-538-9694, or by Internet E-mail at cniederhauser@utah.gov
• Chiarina Gleed at the above address, by phone at 801-538-3240, by FAX at 801-538-3313, or by Internet E-mail at cgleed@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/17/2012

This rule may become effective on:

12/24/2012

Authorized by:

D. Gregg Buxton, Director

R23. Administrative Services, Facilities Construction and Management.

R23-14. Management of Roofs on State Buildings.

R23-14-1. Purpose and Authority.

(1) This rule provides for the management of roofs on state buildings to prevent damage to the roof and to improve security of state buildings.

(2) This rule is authorized under Section 63A-5-103 which directs the Building Board to make rules necessary for the discharge of its duties and those of the division.

 

R23-14-2. Definitions.

(1)(a) "Agency" means each department, agency, institution, commission, board, or other administrative unit of the State of Utah.

(b) "Agency" does not mean the State Capitol Preservation Board.

(2) "Director" means the director of the division, including, unless otherwise stated, his duly authorized designee.

(3) "Division" means the Division of Facilities Construction and Management established pursuant to Section 63A-5-201.

(4) "Employee" means a person employed by the division or a responsible agency.

(5)(a) "Responsible agency" means the agency responsible for managing a state building.

(b) "Responsible agency" does not mean the division.

(6) "State building" means a building owned by an agency.

 

R23-14-3. Buildings Managed by the Division.

(1) The division shall maintain control of and restrict access to the roof of buildings managed by the division. The division shall allow access only to duly authorized persons as provided in this section.

(2) The division shall maintain a register of all persons granted ongoing or limited access to the roofs it manages. This shall include a list of division employees that are granted ongoing access.

(3) The register required under Subsection (2) as well as a file of the completed roof access application/agreement forms shall be retained for a period of not less than three years.

(4) In order to obtain access, a person, who is not an employee of the division, must complete and execute a roof access application/agreement form.[which must be approved by the director.]

(5) The roof access application/agreement form shall include:

(a) the name of the person granted access, the period of time for which access is granted, the reason for the access, and any restrictions on the access;

(b) an agreement from the person granted access to accept responsibility for and pay for the repair of any damage resulting from that person's access;

(c) an agreement to hold the agency and the State of Utah harmless from any liability or claim resulting from the person's access;

(d) a statement by the person requesting access that he has obtained adequate fall protection training as appropriate for the roof to be accessed and the activity to be performed thereon;

(e) the signature of the person requesting access; and

(f) the signature of the person granting access.

(6) [The division shall provide, or require the person accessing the roof to provide, any fall protection equipment required by OSHA regulations or otherwise provide for the safety of the person accessing the roof.]Any person accessing a roof must have fall protection equipment as required by any applicable authority.

(7) The access limitations of this rule may be modified or reduced in order to provide access to roofs or portions of roofs that are designed and constructed for such access.

 

R23-14-4. Buildings Managed by Responsible Agencies.

(1) Responsible agencies shall adopt and implement policies and procedures at least as stringent as those contained in Section R23-14-3 to provide for the control of and restricted access to roofs of buildings managed by the responsible agency.

(2) The responsible agency shall develop its own means of documenting those granted access and shall identify person(s) authorized to grant access to roofs.

(3) In applying the requirements of subsection R23-14-4(1), references to employees of the division in Section R23-14-3 shall mean employees of the responsible agency.

(4) Employees of the division shall have access to these roofs after checking in with the responsible agency. The responsible agency will not need to document access by employees of the division.

 

R23-14-5. Access to Capital Improvement Funds for Roofing Repairs.

(1) The division may refuse to use capital improvement funds appropriated to the division for the repair of roof damage if the responsible agency fails to implement or comply with the policies and procedures required by Section R23-14-4.

(2) The division may require a review of roof access records prior to accepting financial responsibility for the cost of repairing damage to a roof.

 

KEY: public buildings, security, roofs

Date of Enactment or Last Substantive Amendment: [May 16, 2003]2012

Notice of Continuation: March 17, 2008

Authorizing, and Implemented or Interpreted Law: 63A-5-103