PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 02-05-051.
Title of Rule: Facility usage for Community College District VIII.
Purpose: Amends chapter 132H-140 WAC concerning facilities usage and related services to conform with current practices.
Statutory Authority for Adoption: RCW 28B.50.140.
Summary: The proposed amendments, deletions and new sections clarify the facilities usage policy, preserve the college's right to deny use of facilities under certain circumstances, remove outdated forms, refer people to the appropriate location for requesting building usage, clarify the college's policy concerning animals on campus and adds a section concerning trespass.
Reasons Supporting Proposal: The current chapter has not been updated for ten years and did not conform to all current practices.
Name of Agency Personnel Responsible for Drafting and Implementation: Jamie Dye, K100, 3000 Landerholm Circle S.E., Bellevue, WA 98007, (425) 564-4050; and Enforcement: Campus Security, K100, 3000 Landerholm Circle S.E., Bellevue, WA 98007, (425) 564-2400.
Name of Proponent: Bellevue Community College, public.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: The rule already exists. The changes make it more clear and easier for people requesting to rent space at Bellevue Community College what their rights and responsibilities are.
Proposal Changes the Following Existing Rules: The chapter language is amended to be more clear. Sections that are outdated have been repealed. New sections have been added that describe limitations and denial of use and trespass. Old forms that are no longer used have been removed.
No small business economic impact statement has been prepared under chapter 19.85 RCW. This rule does not impact small business. All rental rules that were in place pertaining to small businesses who use the Bellevue Community College campus are still in effect.
Hearing Location: Bellevue Community College, 3000 Landerholm Circle S.E., K100, Bellevue, WA 98007-6484, on June 5, 2002, at 9:00 a.m.
Assistance for Persons with Disabilities: Contact Susan Gjomesli by June 3, 2002, TDD (425) 564-4110, or (425) 564-2498.
Submit Written Comments to: Jamie Dye, Bellevue Community College, 3000 Landerholm Circle S.E., K100, Bellevue, WA 98007-6484, fax (425) 564-5600, by June 3, 2002.
Date of Intended Adoption: June 18, 2002.
April 15, 2002
Elise J. Erickson
Rules Coordinator
Fees -- Facility Rental -- Additional Services for Community College District VIII
The purpose of these regulations is to establish ((a basic
facility fee structure and additional services regulations))
procedures and reasonable controls for the use of college
facilities for noncollege groups and for college groups where
applicable.
In keeping with this general purpose, and consistent with RCW 28B.50.140(7) and 28B.50.140(9), facilities should be available for a variety of uses which are of benefit to the general public if such general uses substantially relate to and do not interfere with the mission of the college. However, a state agency is under no obligation to make is public facilities available to the community for private purposes.
Primary consideration shall be given at all times to activities specifically related to the college's mission, and no arrangements shall be made that may interfere with, or operate to the detriment of, the college's own teaching, or public service programs.
Reasonable conditions may be impose to regulate the timeliness of requests, to determine the appropriateness of space assigned, time of use, and to insure the proper maintenance of the facilities. Subject to the same limitations, college facilities shall be made available for assignment to individuals or groups within the college community. Such arrangements by both organizations and individuals must be made through campus operations.
[Statutory Authority: RCW 28B.50.140. 82-11-039 (Order 80, Resolution No. 149), § 132H-140-020, filed 5/12/82; 79-10-051 (Order 64, Resolution No. 121), § 132H-140-020, filed 9/17/79; Order 28, § 132H-140-020, filed 3/7/75.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
AMENDATORY SECTION(Amending WSR 79-10-51 [79-10-051], filed
9/17/79)
WAC 132H-140-030
Request for use of facilities.
Requests
by non-college groups for utilization of college facilities shall
be made to the director of campus operations ((and services)) or
a designee, who shall be the agent of the college in consummating
rental and use agreements. ((Application for use of college
facilities Form BCC 040-026 is to be completed by noncollege
groups requesting facilities or college groups which use
facilities under circumstances where a service charge would be
levied.))
[Statutory Authority: RCW 28B.50.140. 79-10-051 (Order 64, Resolution No. 121), § 132H-140-030, filed 9/17/79; Order 28, § 132H-140-030, filed 3/7/75.]
Reviser's note: The bracketed material preceding the section above was supplied by the code reviser's office.
Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 82-11-039, filed 5/12/82)
WAC 132H-140-040
Facility usage board policy.
The board of
trustees of Bellevue Community College District VIII provides
college personnel, students, ((faculty, staff,)) college ((formal
and informal)) organizations and the general public ((other
outside individuals and organizations for the purpose other than
in connection with BCC's regular educational, public service or
support programs)) the opportunity to use the college grounds and
buildings subject to WAC 132H-140-010 through 132H-140-110 and in
compliance with local, state and federal laws if
(1) ((T)) the individual or organization requesting the
space is ((eligible)) approved to use it and
(2) ((T)) the space is available and has been reserved for
the activity.
[Statutory Authority: RCW 28B.50.140. 82-11-039 (Order 80, Resolution No. 149), § 132-140-040 (codified as WAC 132H-140-040), filed 5/12/82; 79-10-051 (Order 64, Resolution No. 121), § 132H-140-040, filed 9/17/79; Order 28, § 132H-140-040, filed 3/7/75.]
No college facilities may be used by individuals or groups
from outside the college unless the facilities including
buildings, equipment and facilities land have been reserved. ((Facilities will be scheduled according to the following
priorities.))
In determining whether to accept a request for the use of college facilities, the administration shall use the college mission statement and the following items, listed in priority order, as guidelines:
(1) Bellevue Community College scheduled programs and activities.
(2) Major college events.
(3) Foundation related events.
(4) Non-college (outside individual or organization) events.
Arrangements for use of college facilities must be made through the campus operations office.
[Statutory Authority: RCW 28B.50.140. 82-11-039 (Order 80, Resolution No. 149), § 132H-140-050, filed 5/12/82; 79-10-051 (Order 64, Resolution No. 121), § 132H-140-050, filed 9/17/79; Order 28, § 132H-140-050, filed 3/7/75.]
Reviser's note: RCW 34.05.395 requires the use of underlining and deletion marks to indicate amendments to existing rules. The rule published above varies from its predecessor in certain respects not indicated by the use of these markings.
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 132H-140-060 | Limitations |
(1) interfere or conflict with the college's instructional, student services or support programs;
(2) interfere with the free flow of pedestrian or vehicular traffic on campus;
(3) involve illegal activity;
(4) create a hazard or result in damage to college facilities; or
(5) create undue stress on college resources (e.g., a request for a major event may be denied if another major event is already scheduled for the same time period, because of demands for parking, security coverage, etc.).
Where college space is used for an authorized function (such as a class or a public or private meeting under approved sponsorship, administrative functions or service related activities), groups must obey or comply with directions of the designated administrative officer or individual in charge of the meeting.
Any individual or group granted permission to use college facilities shall agree in advance to abide by all college rules and regulations. The college reserves the right to deny use of college facilities to any individual or group whose past conduct indicates a likelihood that college rules and regulations will not be obeyed. The college may also deny use to a requesting individual or organization which has used the facilities in the past and has damaged college property, left college buildings and grounds in excessive disorder, or failed to cooperate with college staff concerning use of the facilities.
No person or group may use or enter onto college grounds or facilities having in their possession firearms or other dangerous weapons, even if licensed to do so, except commissioned police officers as prescribed by law.
College facilities may be used for purposes of political campaigning by or for candidates who have filed for public office, directed to members of the public, only when the full rental cost of the facility is paid. Use of state funds to pay for facility rental costs for political campaigns is prohibited. No person may solicit contributions on college property for political uses, except where this limitation conflicts with federal law regarding interference with the mails.
Orderly picketing and other forms of peaceful dissent are protected activities on and about the college premises when such premises are open to public use. However, interference with free passage through areas where members of the college community have a right to be, interference with ingress and egress to college facilities, interruption of classes, injury to persons, or damage to property exceeds permissible limits. While peaceful dissent is acceptable, violence or disruptive behavior is not a legitimate means of dissent. If any person, group, or organization attempts to resolve differences by means of violence, the college retains the right to take steps to protect the safety of individuals, the continuity of the educational process, and the property of the state.
If at any time actual use of college facilities by an individual or group constitutes an unreasonable disruption of the normal operation of the college, such use shall immediately terminate, all persons engaged in such use shall immediately vacate the premises, and leave the college property upon command of the appropriate college official.
Advertising or promotional materials for any event being held in a college facility must follow the same procedure as applies to students outlined in WAC 132H-120-050.
Use of audio amplifying equipment is permitted only in locations and at times that will not interfere with the normal conduct of college affairs.
BCC facilities may not be used for private or commercial purposes unless such activities clearly serve the educational mission of the college, are either sponsored by an appropriate college unit or conducted by contractual agreement with the college. Commercial uses may also be made as noted in WAC 132H-133-050.
Alcoholic beverages will not be served without the approval of the president or his/her designee. It shall be the responsibility of the event sponsor to obtain all necessary licenses from the Washington State Liquor Control Board and adhere to their regulations, and those of Bellevue Community College.
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Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 82-11-039, filed 5/12/82)
WAC 132H-140-070
Other requirements.
(1) ((When deemed
advisable by the dean of administrative services,)) When using
college facilities, an individual or organization may be required
to make an advance deposit, post a bond and/or obtain insurance
to protect the college against cost or other liability.
(2) When the college grants permission to an individual or
organization to use its facilities it is with the expressed
understanding and condition that the individual or organization
assumes full responsibility for any loss or damage resulting from
such use and agrees to hold harmless and ((indemnity)) indemnify
the college against any loss or damage claim arising out of such
use.
[Statutory Authority: RCW 28B.50.140. 82-11-039 (Order 80, Resolution No. 149), § 132H-140-070, filed 5/12/82.]
The following sections of the Washington Administrative Code are repealed:
| WAC 132H-140-080 | Basic facility fee structure |
| WAC 132H-140-090 | Services and equipment fees. |
| WAC 132H-140-100 | Delegation of authority |
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Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
AMENDATORY SECTION(Amending WSR 82-11-039, filed 5/12/82)
WAC 132H-140-110
((Pet)) Animals policy.
((Pets (dogs,
cats, birds, etc.) are prohibited from entering buildings
operated by Bellevue Community College.))
Pets on the grounds of Bellevue Community College shall be in the physical control of their owner in accordance with the city of Bellevue "leash law" ordinance, chapter 8.04.
((Exceptions to these regulations are animals used for the
following purposes:
(1) Assisting the visual or hearing impaired persons
(2) As part of an authorized BCC program purpose requiring their use.
(3) As part of a law enforcement agency in the performance of its duties.
(4) Participation in authorized special events.
Animals found to be in violation of these regulations shall be impounded and turned over to the King County animal control or a citation issued and a fine imposed on the owner. Exceptions to these regulations other than those listed above shall be directed to the dean of administrative services.)) Animals, except for service animals, are prohibited from entering buildings operated by Bellevue Community College.
[Statutory Authority: RCW 28B.50.140. 82-11-039 (Order 80, Resolution No. 149), § 132H-140-110, filed 5/12/82.]
(2) Students, faculty, and staff of the college who do not comply with these regulations will be reported to the appropriate college office or agency for action in accordance with this chapter or with other applicable rules, regulations, or policies.
[]
Reviser's note: The unnecessary underscoring in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER
The following section of the Washington Administrative Code is repealed:
| WAC 132H-140-900 | Application for use of college facilities. |