TITLE
6 PRIMARY
AND SECONDARY EDUCATION
CHAPTER
50 INSURANCE
PART
17 USE
OF SCHOOL FACILITIES BY PRIVATE PERSONS
6.50.17.1 ISSUING AGENCY: New Mexico Public School Insurance
Authority.
[6.50.17.1
NMAC - Rp, 6.50.17.1 NMAC, 09/01/2014]
[The
address of the New Mexico Public School Insurance Authority is 410 Old Taos
Highway, Santa Fe, New Mexico 87501.]
6.50.17.2 SCOPE: This part applies to all school
districts, charter schools and other educational entities authorized to
participate in the authority’s risk related coverages.
[6.50.17.2
NMAC - Rp, 6.50.17.2 NMAC, 09/01/2014]
6.50.17.3 STATUTORY
AUTHORITY: Subsection
F of Section 22-29-7 NMSA 1978 directs the authority to establish a policy to
be followed by participating members relating to the use of school facilities
by private persons provided that the policy relates only to liability and risk
issues. This policy shall not affect the
rights and responsibilities of local school boards to determine how, when and
by whom school district facilities are used.
The policy shall be distributed to participating members and posted upon
the authority’s web site.
[6.50.17.3
NMAC - Rp, 6.50.17.3 NMAC, 09/01/2014]
6.50.17.4 DURATION: Permanent.
[6.50.17.4
NMAC - Rp, 6.50.17.4 NMAC, 09/01/2014]
6.50.17.5 EFFECTIVE
DATE: September
1, 2014 unless a later date is cited at the end of a section.
[6.50.17.5
NMAC - Rp, 6.50.17.5 NMAC, 09/01/2014]
6.50.17.6 OBJECTIVE: To establish a policy to be followed by participating members relating
to the use of school facilities by private persons. This policy relates only to liability and
risk issues.
[6.50.17.6
NMAC - Rp, 6.50.17.6 NMAC, 09/01/2014]
6.50.17.7 DEFINITIONS: [RESERVED]
6.50.17.8 POLICY
ON USE OF SCHOOL FACILITIES BY PRIVATE PERSONS:
A. The
representative of the requesting group shall contact the facilities manager or
other designated school official of the desired site regarding the proposed
usage within a time frame required by the site manager or official. The school or school district shall provide
the requesting group with a site use agreement which sets forth the terms and
conditions of use of the premises. Site
use agreements shall at minimum include a copy of the school’s safety rules or
safety rules provided by the authority’s risk management provider. The
requesting group shall agree to follow the safety rules included with the site
use agreement and also agree to follow the liability and risk related rules
contained in Subsection G of 6.50.17.8 NMAC prior to use of the school
facilities. The school facility use
shall be conducted in compliance with all federal, state and municipal
statutes, ordinances, rules and regulations including those with regard to
discrimination. School facilities shall
not be used for any unlawful purpose.
B. All groups shall
also agree that the schools will not be liable for injury to the property of
the group itself or participants in the group’s activities resulting from their
participation in the group’s activities.
Groups and their individual participants shall be required to give
waivers of liability and releases for personal injury or property damage on
forms provided by the school or the authority.
C. Liability
insurance provided through the authority shall be excess over any valid and collectible
insurance carried by any group permitted to use school facilities. Liability
insurance provided by the authority for use of school facilities by private
persons is limited to $1,000,000 per occurrence. Schools or school districts shall not warrant
the suitability of the facility or of the facility’s contents for the uses
intended by the requesting group.
D. Commercial
groups shall provide a copy of a current business license. Commercial groups shall
inform participants that the activity is not sponsored by the school whose
facilities are being used.
E. All districts
shall include within their site use agreement a statement clearly indicating
that the approved activity sponsor must assure that activity participants,
guests and spectators only access those site areas designated for the
activity. District superintendents shall
also designate in the site use agreement an individual who shall verify that
all the areas utilized were properly checked and secured upon departure from
the facility.
F. Schools and
school districts shall make their own arrangements regarding any payments
required for use of the facilities, for reimbursement for special services such
as setting up tables and chairs, use of school equipment such as projectors or
video equipment or abnormal wear and tear on the facilities. All fees shall be made by check or money
order and shall be made payable to the school or school board. It is inappropriate for users of school
facilities to pay school employees directly for services in kind or in cash.
G. In addition to
the safety rules included in the site use agreement, any user of school or
school district facilities must agree to the following liability and risk
related rules.
(1) The use of alcohol, illegal drugs and
tobacco are prohibited on all school property at all times.
(2) Guns are not
permitted on school property except for those in the possession of authorized
law enforcement personnel.
(3) Users of the facility shall be responsible
for providing security as required by the member school or school district for
the type of function they have planned.
(4) Users of swimming
pool facilities must have a certified life guard on duty at all times.
(5) For events that involve
animals, including dogs, all must be leashed, penned, caged or otherwise
properly contained, constrained or under supervision and control at all times. Animals or pets not properly contained,
constrained or under supervision and control at all times are prohibited.
(6) Open fires including
candles, torches, and bonfires shall not be allowed except pursuant to prior
approval and permit by the appropriate authorities.
(7) Building exits shall never be blocked for
any reason.
(8) Parking shall be in
designated areas only.
(9) Every effort shall be
made to provide vehicle and pedestrian traffic management in order to insure
safe and orderly movement of vehicles and people.
(10) All care shall be
taken in the design, placement and construction of booths, displays, viewing
stands, platforms, theater sets, temporary stages or any other structures to
safeguard the safety of those building, using and disassembling such
structures.
(11) Decorations shall be fire resistant
whenever possible, cover no more than 20 percent of the wall area and never be
placed within close proximity to incendiary sources.
(12) Care shall be taken
at all times to avoid the creation of tripping hazards or if unavoidable to
warn participants of obstacles.
(13) No hazardous materials, including
pyrotechnic devises, fireworks, explosives flammable materials or liquids,
poisonous materials or plants, strong acids or caustics shall be brought onto
the premises or used in any way while occupying the premises except with the
approval prior to use by the fire marshal or other authority having
jurisdiction.
(14) No amusement rides
or attractions, including but not limited to, trampolines of any type, enclosed
or air supported structures of any type, climbing walls, climbing ropes, bow
and arrow shooting activity or equipment or devises related thereto shall be
brought onto the premises or used in any way while occupying the premises
except with the express permission of
school authorities and on proof of insurance by the user of the facility
of at least $1,000,000 per occurrence naming the school or school district and
the authority as additional insureds.
All such activities shall be operated and overseen by persons
experienced and, if possible, certified to do so.
(15) All users of school
facilities shall give written notice to the school of any accident resulting in
bodily injury or property damage to property of the school occurring on school
premises or in any way connected with the use of the school premises within 24
hours of the accident. The notice shall
include details of the time, place and circumstances of the accident and the
names and addresses and phone numbers of any persons witnessing the accident.
(16) If playground
equipment is to be used, the user of the facility shall provide at least one
adult supervisor for every 15 children.
(17) The user of the
facility shall provide the appropriate signage to inform participants of the safety
rules. A list of emergency agencies and
phone numbers shall also be posted.
(18) Access to school
facilities by the users of the facility shall be limited to those areas
specified in the site use agreement.
H. All users of
school facilities shall agree to provide prompt and thorough clean-up and
removal or storage of all special structures within no more than 24 hours after
the end of the event, but in no case later than the beginning of the next
school day or if school is out no later than prior to use of the area by school
personnel. Users shall ensure that any
furniture and equipment moved during the use of the facilities is replaced.
[6.50.17.8
NMAC - Rp, 6.50.17.8 NMAC, 09/01/2014]
HISTORY of 6.50.17 NMAC:
History of Repealed Material:
6.50.17
NMAC, Use of School Facilities by Private Persons, filed 2/9/2010 - Repealed
effective 09/01/2014.