DAR File No. 38018

Regents (Board Of), University of Utah, Administration

Rule R805-6

University of Utah Shooting Range Access and Use Requirements

Notice of Proposed Rule

(New Rule)

DAR File No.: 38018
Filed: 09/23/2013 03:50:16 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to establish procedures for use of the University Shooting Range by the public as required by Section 47-3-303.

Summary of the rule or change:

This rule establishes the requirements and procedures for public access to the University of Utah Shooting Range.

State statutory or constitutional authorization for this rule:

• Section 47-3-303

Anticipated cost or savings to:

the state budget:

The University cannot currently anticipate the precise cost to the state budget because the actual costs will relate to the overall demand for use. The costs will include staff time for administrative efforts necessary to ensure that range users are qualified to access the range and costs for providing access and cleanup. Because access fees are established by statute, fees are not expected to cover the costs associated with use of the range by the public and access by the public is therefore expected to result in a net cost, not savings, with respect to the state budget.

local governments:

This rule applies to individuals who engage in activities and conduct them on the University's property. The rule does not apply to local government. Therefore, the rule should have no fiscal impact on local government.

small businesses:

This rule applies to individuals who engage in activities and conduct them on the University's property. The rule does not apply to small businesses. Therefore, the rule should have no fiscal impact on small businesses.

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

This rule applies to individuals who engage in activities and conduct them on the University's property. The rule does not apply to other persons. Therefore, the rule should have no fiscal impact on individuals who do not engage in the activities described in the rule. Persons who seek to use the University Range may be required to pay a fee pursuant to Subsection R805-6-2(e) of the proposed rule.

Compliance costs for affected persons:

Persons who seek to use the University Range may be required to pay a fee pursuant to Subsection R805-6-2(e) of the proposed rule.

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

This rule applies to individuals who engage in activities and conduct them on the University's property. The rule does not apply to business entities. Therefore, the rule should have no fiscal impact on businesses.

David Pershing, President

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

Regents (Board Of)
University of Utah, Administration
Room 309 PARK BLDG
201 S PRESIDENTS CIR
SALT LAKE CITY, UT 84112-9009

Direct questions regarding this rule to:

• Christopher Stout at the above address, by phone at 801-585-7002, by FAX at 801-585-7007, or by Internet E-mail at christopher.stout@legal.utah.edu

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:

11/14/2013

This rule may become effective on:

02/12/2014

Authorized by:

Christopher Stout, Associate General Counsel

R805. Regents (Board of), University of Utah, Administration.

R805-6. University of Utah Shooting Range Access and Use Requirements.

R805-6-1. Definitions.

(a) Certified Official. Certified Official means an individual who has obtained certification from the National Rifle Association or a branch of the United States Armed Forces as a Range Safety Officer, a Firearms Instructor, or a Shooting Coach.

(b) Range Operator. Range Operator means a University of Utah employee with primary administrative oversight for scheduling University Range access, verifying the certification status of Certified Officials, and verifying that any Group seeking access to the University Range has complied with this rule.

(c) University Range. University Range means that gun range located in the basement of the Naval Science building located on the campus of University of Utah at 110 South 1452 East, Salt Lake City, Utah 84112.

(d) Other terms not defined in this rule shall have the definitions set forth at Utah Code section 47-3-102.

 

R805-6-2. Requirements for Access.

(a) Group Qualifications and Approval. A Group seeking access to the University Range must first demonstrate to the Range Operator that the Group is in compliance with the requirements set forth in this section. The Range Operator shall approve a Group's request for access once the Group has submitted satisfactory evidence of the following:

(i) Group Insurance

(ii) Liability Waivers

(iii) Certified Official Status

(iv) That no Group member is prohibited by State or Federal law from possessing a firearm.

(b) Reservations. Once a Group's request for access is approved by the Range Operator, the Group may reserve the University Range for use during public hours by filing a Facility Reservation Request Form. Reservations are required and must be made with the Range Operator at least 48 hours prior to the time of use. The Group may contact the Range Operator for current range hours. Because the Range Operator must make prior arrangements in order to allow access to the Naval Science building and the University Range, requests for reservation will not be accepted with less than 48-hours' advanced notice. Reservation requests will be processed on a first-come-first-served basis.

(c) A Group's use may not interfere with use of the University Range by the University of Utah, including but not limited to use by the NROTC and use by the Utah Precision Marksmanship Society.

(d) The maximum size of any Group accessing the University Range is eight (8) individuals, including the Certified Official. The maximum number of Group Members firing weapons at any time shall be six (6) individuals. In the event fewer than six (6) shooting lanes are in operation at any time, the maximum number of Group Members firing weapons shall correspond to the number of operational shooting lanes.

(e) Cost. Each Group Member accessing the range, including the Certified Official, shall pay a fee of $5.00 per session. Fees are deposited in the University of Utah's General Fund to be used for the operation and maintenance of the University Range and are intended to cover costs related to incidental materials, supplies, maintenance, repairs and personnel providing access to the Naval Science building and the University Range.

(f) No person under the age of fifteen is permitted in the University Range without direct supervision by that person's parent or legal guardian.

(g) No person may use the University Range under the influence of illicit or prescription drugs or alcohol.

(h) The Range Operator may deny a request for access based on the failure of any Group to comply with this rule or if the Range Operator concludes that the Group's use of the University Range poses a threat to any person or property.

(i) The Range Operator may revoke a Group's approval to access the University Range based on any Group Member's failure to follow the Rules of Conduct set forth in this rule, any rules and guidelines posted in the University Range during the Group's use of the University Range, or any of the Range Operator's reasonable requests regarding safety or University Range access.

 

R805-6-3. Approved Firearms.

(a) Due to ventilation limitations imposed by OSHA regulations, public users of the University Range may only use Air Guns in the University Range.

(b) Air gun means a .177 or .20 caliber, or equivalent 4.5mm or 5.0mm, pellet rifle or pellet pistol whose projectile is pneumatically propelled by compressed air or compressed gas such as carbon dioxide.

 

R805-6-4. Insurance Requirements.

(a) Liability insurance policy requirements: Prior to accessing the University Range, a Group must provide the Range Operator with the Group's certificate of insurance for commercial general liability insurance, in the amount of at least $1,000,000 per occurrence that lists the University of Utah as an additional insured. Upon proof of adequate alternative liability coverage, this insurance requirement may be waived by the Range Operator in consultation with the University of Utah's Risk and Insurance Manager.

(b) Acknowledgment of Risk, Waiver, Release and Indemnity Agreement: Prior to accessing the University Range, each Group Member or, in the case of minors, the minor Group Member's parent or legal guardian, must sign an Acknowledgement of Risk, Waiver, Release, and Indemnity Agreement in the form provided by the University of Utah's Risk and Insurance Manager. The Group's Certified Official shall be responsible for collecting signed forms and returning them to the Range Operator.

 

R805-6-5. Rules of Conduct.

(a) Users of the University Range must provide and be accompanied at all times by a Certified Official.

(b) The Range Operator is responsible for opening and securely closing the University Range.

(c) The Certified Official and Group members assume all risks related to, and are responsible for all harms arising out of, their use of the University Range.

(d) The Certified Official shall inspect the University Range prior to use in order to verify that the range ventilation system is turned on and is operational, and to identify any hazards, damage or deficiencies and report them to the Range Operator immediately.

(e) Each Group member shall be familiar with and abide by safety standards adopted by the National Rifle Associate while using the University Range.

(f) The Certified Official shall report any injuries or property damage to the Range Operator immediately.

(g) User ammunition and firearms are subject to inspection and approval by the University of Utah and the Range Operator.

(h) All individuals using the University range must follow all range rules posted in the range as of the date of use.

(i) The Certified Official shall be responsible for ensuring that all members of the group comply with all applicable rules and regulations, including posted range rules, these University of Utah Shooting Range Access and Use Requirements, and all other applicable rules.

 

R805-6-5. Posted Range Rules.

(a) The firing range ventilation system shall be in operation at all times while the range is in use, and also during after-use housekeeping procedures.

(b) Participants may only fire at paper targets, which shall be provided by the participant. Use of frangible targets is prohibited.

(c) This range is equipped with pellet traps. Pellet traps must be properly placed behind all targets prior to firing down-range. In no instance may pellets be fired down-range at the rubber bullet trap.

(d) Group Members may cross the firing line only if expressly directed by the Certified Official. Group Members should be permitted to cross the firing line only when operationally necessary (e.g., to retrieve targets or to set up pellet traps). No person may cross the firing line for any reason while firing is underway.

(e) Firearms must be pointed down range toward bullet traps at all times.

(f) Firearms may only be loaded and unloaded in shooting booths.

(g) Keep finger off trigger until ready to fire. Fire only from firing line location between stalls.

(h) Eye and ear protection must be worn by everyone in the University Range at all times.

(i) One shooter per lane maximum.

(j) No food or drink is allowed in the University Range.

(k) Users or the user's Group may be charged for any costs incurred by the University of Utah due to negligence and/or failure to follow these rules of use.

 

KEY: shooting range

Date of Enactment or Last Substantive Amendment: 2013

Authorizing, and Implemented or Interpreted Law: 47-3-303