N.M. Admin. Code § 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 lifeguard 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. Alterations made by
the user shall be removed and the facility replaced to prior and current
construction standards.
(11)
Decorations shall be fire resistant whenever possible, cover no more than
twenty 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.
Notes
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