Chapter 128-4 Use of Capitol Buildings or Grounds
(A) "Capitol buildings" shall include the capitol, atrium connector, senate building and state underground parking garage.
(B) "Capitol grounds" shall be defined as the property surrounding the capitol buildings bounded by High street on the west, Third street on the east, Broad street on the north and State street on the south side of the capitol and accompanying steps leading to the capitol buildings.
(C) The term "board" shall mean the capitol square review and advisory board, established under section 105.41 of the Revised Code.
(D) The term "permit holder" shall mean the individual or organization to whom the permit for use of the capitol buildings or grounds is issued under rule 128-4-03 of the Administrative Code.
(E) "State holidays" shall include all of the following named holidays:
(1) New Year's day
(2) Martin Luther King, Jr. day
(3) President's day
(4) Memorial day
(5) Independence day
(6) Labor day
(7) Columbus day
(8) Veterans' day
(9) Thanksgiving day
(10) Christmas day
(A) Capitol buildings or grounds are available for use by the public for the purpose of governmental business, public meetings for free discussion of public questions, or for activities of a broad public purpose, provided that, when necessary, the authorized permit procedure has been followed and appropriate approvals have been received. Capitol buildings or grounds are available for use by the public only if such use:
(1) Does not interfere with the primary use of the capitol buildings or grounds, including but not limited to its use as the site of the legislative activities of the Ohio general assembly; offices of state elected officials; as a living museum of Ohio's historical, artistic, and architectural heritage; and as a public park;
(2) Is appropriate to the legislative, historical, artistic, architectural and esthetic context of the capitol buildings or grounds;
(3) Does not unduly burden the managing authority by a use that includes but is not limited to one that requires excessive financial, staff, security, or equipment resources, or that unduly threatens the physical, historical, architectural, artistic, or esthetic condition of the capitol buildings or grounds, or unduly threatens the safety of the public or state employees; and
(4) Does not expose the state to the likelihood of unreasonable expenses and/or damages which cannot be recovered.
(B) A permit for use of the capitol buildings or grounds may be obtained by following the procedures in rule 128-4-03 of the Administrative Code. Any group or individual engaging in any of the activities described in paragraphs (B)(1) to (B)(4) of this rule, in or on the capitol buildings or grounds without a permit is in violation of this rule and will be required to move to the adjoining sidewalk or other appropriate location. Violations of this rule will be prosecuted to the extent allowed by law. A permit is required of the following:
(1) Any group or individual engaged in public speech or other expressive activity designed to gather crowds;
(2) Any group or individual engaged in any activity, expressive or otherwise, that can reasonably be anticipated to gather crowds;
(3) Any group or individual using or intending to use any kind of sound amplification or other equipment; structures; vehicles; banners or signs to be placed on or attached to the capitol buildings or grounds; electricity, water, or other utility service; or engaging in any activity, expressive or otherwise, that can reasonably be anticipated to require the presence of security or maintenance personnel;
(4) Any group or individual engaging in or intending to engage in activity, expressive or otherwise, that poses a potential hazard to the safety of any person, or that poses a potential threat to the physical, historical, architectural, artistic, or esthetic condition of the capitol buildings or grounds.
(C) Permit holders conforming to capitol square rules and the conditions of their permit are deemed to have reasonable expressive and physical control of the area of and for the duration of the permitted event. Any group or individual not holding a permit for the area may be required, at the request of the permit holder, to move to the adjoining sidewalk, or to another location as appropriate. Violations of this rule will be prosecuted to the extent allowed by law.
(D) The capitol buildings or grounds shall not be used for any activity conducted purely for profit or any activity inconsistent with or in violation of local, state or federal laws, rules or regulations.
(E) There shall be equal access for all groups in the use of capitol buildings or grounds regardless of race, religion, color, national origin, ancestry, sex, disability, age, military status, or the content or viewpoint of any speech or expressive activity.
(F) Capitol buildings or grounds shall be available for use on any day of the week between the hours of seven a.m. to twelve midnight with the exception of state holidays.
(G) Any individual or group present in or on the capitol buildings or grounds, whether or not a permit holder, must abide by the following regulations for use. In addition to the following regulations for use, the board reserves the right to regulate any conduct or activity not appropriate or consistent with the use of the capitol buildings or grounds as described in this rule, or that may cause damage to state property or pose a hazard to any member of the public or state employee.
(1) Structures and vehicles--no equipment, apparatus, machine, or vehicle is permitted on capitol buildings or grounds without the express permission of the capitol square review and advisory board.
(2) Signs, banners, flags--the use of stickers or labels, cellophane pressure sensitive tape, screws, nails or any other mounting technique for displaying signs, banners, or flags that might affect the structural or decorative condition of the capitol buildings or any permanent structure on the premises is prohibited. All signs or banners on sticks, poles or stakes are prohibited, except that poles with bases from which signs or banners can be hung may be rented from the board.
(3) Animals--no animals or pets of any kind are permitted on capitol buildings or grounds except assistance dogs used by individuals with disabilities, unless express permission is granted by the capitol square review and advisory board. Any animals or pets that are permitted or for which permission has been granted shall be contained in an enclosed environment or securely leashed and any droppings must be disposed of properly.
(4) Commercial solicitation--no person shall solicit contributions or solicit to sell any merchandise or service on state property without the express permission of the board.
(5) Concessions--no concession stands or vending machines shall be operated in or on capitol buildings or grounds without the express permission of the board.
(6) Alcoholic beverages--possession or consumption of an alcoholic beverage on state property is prohibited, except when authorized by the department of liquor control in accordance with local and state liquor permit laws.
(7) Amplification devices -- sound amplification devices shall not be permitted in or on capitol buildings or grounds if the noise level interferes with the normal use of capitol buildings or grounds or is inappropriate to the surrounding area. No sound equipment may be used in or on capitol buildings or grounds unless rented from the board or given express written permission by the board.
(8) Camping on the capitol grounds is prohibited.
(9) Smoking or vaping tobacco or electronic nicotine delivery systems, including but not limited to e-cigarettes, within the capitol buildings is prohibited.
(10) Weapons - with the exception of those carried by peace officers in the course of their duties and as expressly authorized under division (N) of section 105.41 of the Revised Code, firearms or other weapons, concealed or otherwise, are prohibited within the capitol buildings and grounds without the express written permission of the board.
(11) Attire - full attire, including shirts and shoes or comparable footwear, are required within the capitol buildings.
(H) The board reserves the right to limit the use of capitol buildings or grounds, at any time, due to unforeseen operational circumstances, including but not limited to emergency repairs or urgent security concerns. Every reasonable effort will be made to alleviate the effects of any such limitation.
(I) These rules may be waived by the executive director, chairman, or their designees for good cause shown. Any person wishing to obtain a waiver of board rules must contact the board, in writing, within a reasonable time in advance of the event.
Five Year Review (FYR) Dates:
Promulgated Under: 111.15
Statutory Authority: 105.41
Rule Amplifies: 105.41
Prior Effective Dates: 10/29/1993, 03/15/1997, 01/18/2004, 10/24/2005, 12/22/2008, 03/22/2012, 05/09/2013, 07/18/2014, 10/05/2015
(A) A request for a permit for use of capitol buildings or grounds shall be submitted in writing on a form provided by the board to the board no less than fifteen days prior to the event. For good cause shown, requests may be submitted within less than fifteen days prior to the event. The written request shall contain the following information on forms provided by the board:
(1) The name of the applicant;
(2) The date, time, duration and nature of the proposed event;
(3) The specific requested location for the event;
(4) A statement of equipment and facilities to be used;
(5) The approximate number of persons expected to attend;
(6) The name, address, and telephone number of the individual or organization primarily responsible for organizing the event and responsible for payment of fees and costs;
(7) The certificate of proof showing that the internal revenue service has determined the applicant's organization as a non-profit (501(c)(3)) entity, if applicable; and
(8) A statement, signed by the individual or an individual representing the organization referred to in paragraph (A)(6) of this rule, indicating that the individual has read and understands the permit application and rules 128-4-01 to 128-4-05 of the Administrative Code and that the person, or the organization he or she represents, agrees to abide by all the regulations and requirements therein, including but not limited to the indemnification requirement stated in paragraph (J) of this rule and the requirements in paragraphs (G)(1) to (G)(10) of rule 128-4-03 of the Administrative Code. In addition to the written request referred to in paragraph (A) of this rule, the permit applicant shall tender the amount of the fee and bond requirement for the permit, as specified in paragraphs (C) and (D) of this rule.
(B) The board shall act on the request within ten days. On written notice to the applicant, the board may extend the time an additional ten days. If the applicant has requested a waiver of the fifteen-day submission deadline in paragraph (A) of this rule, and the ten-day time for action would extend beyond the time for the event, the board will make all reasonable efforts to act upon the request in time for the event. If the request is denied, the board shall promptly notify the applicant of the reason for the denial and inform the applicant of the right to appeal under rule 128-4-04 of the Administrative Code.
(C) The board may establish a reasonable fee to cover the administrative cost of issuing a permit. The fee may be waived for good cause shown.
(D) To protect the condition of the capitol buildings or grounds and ensure the safety of all persons, the board may require a cash bond of one thousand dollars or more to be provided by the permit holder if the event involves the use of equipment, structures, vehicles, banners or signs to be placed on or attached to the capitol buildings or grounds. In lieu of a bond, the permit holder may elect to obtain a letter of credit equal to the amount of the required bond. The bond or letter of credit shall indemnify the state of Ohio, against danger, or destruction to, or theft of state property arising in connection with or as a result of the activity of the organization, participants or spectators. Such bond or letter of credit will be refundable after the use if the organization has complied with all the terms and conditions of the permit.
(E) The need for supplemental accommodations such as electricity, water, equipment, facilities, maintenance and security personnel will be determined by the board. Supplemental accommodations will be provided for by the board or upon request, for a fee. The permit holder will be notified of any supplemental fees prior to the scheduled date of the activity.
(F) The permit holder is deemed to know of and understand, and shall follow all applicable local, state or federal laws, rules or regulations, including rules 128-4-04 and 128-4-05 of the Administrative Code.
(G) The permit holder shall maintain the capitol buildings or grounds in a responsible manner during the term of the permit, keeping them clean and free of debris and damages. The permit holder will be responsible for any actual costs or damages incurred by the board as a result of the permit holder's use of capitol buildings or grounds.
(H) The issuance of a permit by the board for use of capitol buildings or grounds shall not imply endorsement or approval by the state of Ohio of the actions, objectives, or views of the permit holder.
(I) Denial and cancellation-- violation of any term or condition established by rules 128-4-01 to 128-4-05 of the Administrative Code and the permit is prohibited and may result in the suspension or revocation of this permit. The board reserves the right to deny or cancel any permit when permit fees or supplemental accommodations costs are not submitted to the board within three business days of the scheduled activity.
(J) Liability--any individual or organization permitted to use the capitol buildings or grounds is deemed to agree to indemnify the state of Ohio, from and against all claims, demands, actions or causes of action, together with any and all losses, costs or related expenses asserted by any group or persons for bodily injury or damage to property arising out of or in any way connected with the use of the capitol buildings or grounds.
(K) Should two or more requests for use of the capitol buildings or grounds be made for the same time and the same area, the board will schedule the use on a first-come, first-serve basis, unless the events reasonably allow multiple occupancy of the requested area.
(L) Board rules may be waived by the board, with the approval of the board, for good cause shown. Any person wishing to obtain a waiver of these rules must contact the board, in writing, within a reasonable time in advance of the event.
(M) The board reserves the right to amend these rules for the granting of permits when the board deems it appropriate to do so.
Five Year Review (FYR) Dates: 07/17/2019
Promulgated Under: 111.15
Statutory Authority: 105.41
Rule Amplifies: 105.41
Prior Effective Dates: 10/29/93, 3/15/97, 10/24/05, 12/22/08, 7/18/14
(A) An applicant shall have the right to appeal the denial or cancellation of a permit to use capitol buildings or grounds to the board by submitting a written request, containing the following information:
(1) The name, address, and contact information of the applicant;
(2) A concise statement of the reason the appeal should be granted; and
(3) A description of the permit sought.
(B) The appeal must be filed with the chairman of the board or the executive director within thirty days of the date of mailing of the notice of denial or cancellation of a permit.
(1) The appeal shall be considered by the board at a regular or special meeting. At the meeting, the applicant may make a request to address the board on the subject of the appeal.
(2) The chair, on behalf of the board, will issue a written decision affirming, reversing, or modifying the denial or cancellation. The decision of the board shall be final.
In addition to any other penalty which may be provided by law, the following penalties may be imposed for the violation of these rules or the permit for use of capitol buildings or grounds.
(A) The removal of the violator from the capitol buildings or grounds; and/or
(B) The banning and/or confiscation of the object prohibited by the permit; and or
(C) The closing or canceling of the event.
(A) No owner of any animal shall permit such animal to run at large in capitol square. All animals shall be securely leashed or under direct physical control of the individual with the animal.
(B) No one shall fail to immediately clean up and properly dispose of any solid waste from any animal owned or under the direct control of said individual.
(C) No animal considered dangerous or a nuisance shall be permitted in capitol square without the prior written approval of the capitol square review and advisory board. If there is not sufficient time to get prior written approval, then oral approval must, within a reasonable time thereafter, be reduced to writing and signed by requester and a representative of the capitol square review and advisory board. Permission for a dangerous animal, or one determined to be a nuisance, to be within the statehouse or the premises surrounding it, is contingent at a minimum on said animal wearing a properly fitted muzzle and/or other appropriate restraining devices.
(D) Any animal found within the statehouse or the property surrounding it, in violation of this rule, shall be subject to impoundment and all costs associated with impoundment, boarding and care of said animal shall be the responsibility of the owner.
(E) Whoever violates this rule may be prosecuted under the applicable provisions of the Ohio Revised Code and/or the city code of Columbus.
(A) The bodies of the following individuals may lie in state at capitol square:
(1) The current or any former governor of the state of Ohio;
(2) any current or former president of the Ohio senate or speaker of the Ohio house of representatives;
(3) A current member of the general assembly;
(4) A current statewide office holder in Ohio; and
(5) Anyone approved by a majority of the capitol square review and advisory board.
(B) The capitol square review and advisory board, or the executive director as its designee, should be notified as soon as possible after the individual's death that a request is being made for the decedent to lie in state. The board, or the executive director as its designee, retains the sole discretion to refuse a request if it is not timely made or there is some other scheduling conflict.
(C) While it is anticipated that the decedent will lie in state in the rotunda of the statehouse, the capitol square review and advisory board, or the executive director as its designee, retains the sole discretion to designate another location within the statehouse for the decedent to lie in state.
(D) The body of the decedent shall be delivered to and retrieved from the statehouse by personnel of an appropriately licensed and practicing funeral home in close coordination with the capitol square review and advisory board. The board or any of its members or staff shall not be responsible for any costs associated with the delivery and retrieval of the body.
(E) A decedent may lie in state in the statehouse for a maximum of eight hours. The body shall lie in an appropriate casket. The board or any of its members or staff shall not be responsible for any expense associated with the service.
(F) Persons shall be permitted to pay their respects to the decedent during hours when the statehouse is open. The hours when the statehouse is open shall not be extended for these purposes. The board, or the executive director as its designee, shall retain the sole right and exclusive discretion to change these hours without prior notification to the persons who made the request for the decedent to lie in state or anyone else.
(G) The board shall provide security personnel for the decedent at such times as the statehouse is open. Such security shall be provided at no cost to the persons making the request for the decedent to lie in state.
(H) If any requests for special accommodations are made, the costs associated with such requests and/or special accommodations shall be the responsibility of the requester and shall not be the responsibility of the board or any of its members or staff.
(A) Commemorative works as defined herein means any statue, monument, sculpture, memorial, or landscape feature designed to recognize, in a permanent manner, a person, group, event or other significant element of history.
(B) The capitol square conservation fund is a special fund established by the capitol square review and advisory board for the future maintenance and repair of commemorative works at the Ohio statehouse and grounds.
(C) A hierarchy of potential commemorative spaces based on the architectural and symbolic importance of the space; the visibility of the space; and how the use of the addition of a commemorative work would affect the use of the space is established. The criteria for determining the appropriateness of a commemorative work will vary depending on the space where it is proposed to be located. The criteria also identify particularly important spaces where no additional commemorative works should be placed. These spaces have been divided into the following zones:
(1) Zone one represents locations where no additional commemorative works should be placed. These include the exterior wall surfaces and roof of the statehouse; the north, south and west stairs that lead to the entrances of the Ohio statehouse; the rotunda; the governor's office; the open lawn space on the west side of the capitol square; and the veterans plaza on the east side of capitol square. The crypt beneath the rotunda should be reserved for temporary exhibitions only.
(2) Zone two comprises the most highly visible, monumental, and architecturally and symbolically significant spaces in the building. They are few in number and can support the addition of few commemorative works without compromising the simple dignity and historic and artistic integrity of the spaces. These include the house and senate chambers; the major corridors on the ground; the first and second floors of the statehouse; the state reception room; the grand stairhall; the senate finance hearing room and north and south hearing rooms in the senate building; and the atrium.
(3) Zone three spaces are secondary in architectural and symbolic significance, yet are highly visible public spaces both within the statehouse and on capitol square. These include the Third street entrance lobby; the visitors' center; hearing rooms; and the north and south plazas of capitol square.
(4) Zone four spaces are visible and accessible to the public and are better able to handle commemorative works without compromising the historic character of the space. These include the light court stairwells in the northwest and southwest quadrants of the building; the north and south corridors on the ground floor; conference rooms throughout the building; entrances from the underground parking garage; and the sidewalk and retaining wall on the perimeter of capitol square.
(D) No additional commemorative works will be considered for zone one spaces. These spaces are considered complete.
(E) A commemorative work may be added to zone two, zone three, and zone four if it:
(1) Represents or commemorates the significant role of Ohioans in an event or series of events of lasting significance in American history; or represents an individual Ohioan or group of Ohioans who have made a significant or lasting contribution to American history and at least twenty-five years have passed since the event being commemorated; or twenty-five years have passed since the death of the individual or the death of the last surviving member of a group.
(2) There is a compelling reason why capitol square, rather than some other location in the state, should be the location of the commemorative work.
(3) A zone four commemorative work will be limited to two-dimensional works and bas-reliefs.
(4) A zone two commemorative work must ccomply with section 105.42 of the Revised Code.
(5) The proposal has successfully completed the approval process.
(F) The commemorative proposal process for zones two, three and four includes:
(1) A submitted proposal to the capitol square review and advisory board should contain applicant person or organization; identification of the zone being proposed for the work; statement of the significance of the event, person or group being commemorated; statement of why capitol square is the most appropriate location for the proposed work; and a brief narrative description of the proposed commemorative work.
(2) The capitol square review and advisory board will meet to discuss the proposal. Only complete proposals submitted at least one month prior (zone four requests need not give prior submission) to the scheduled meeting date of the capitol square review and advisory board will be considered. The board may give the proposal preliminary approval (for zones two and three only), deny approval, or it may table the proposal for further consideration at the next meeting. The board may ask for additional information to be provided so that it can make its decision.
(3) If the complete proposal is given preliminary approval, it may be submitted for final approval by the capitol square review and advisory board after five years. The proposal will include the original proposal with any updated information that is relevant to the criteria for consideration.
(4) If the proposal receives final approval from the capitol square review and advisory board, then the design process begins.
(5) If the capitol square review and advisory board does not give approval to a proposal at either the preliminary or final review, the proposal may not be resubmitted for review until at least one year has passed. If a proposal has not been given approval after two submissions (at either preliminary or final review), the proposal must begin the process again, should the applicants choose to continue to pursue the proposal.
(G) Once a proposal has received appropriate approvals from the capitol square review and advisory board, the individual, organization or group making the proposal will meet with the architect of the capitol to discuss possible locations for the commemorative work. The architect of the capitol will make a recommendation to the board of where the comparative work should be located within the approved zone.
(H) A schematic design proposal will be submitted to the architect of the capitol for review. The design proposal must be site-specific and will take into account the significant architectural, landscape and other design features of the site; will be of a scale appropriate to its site and will not detract from the architecture or the setting; the materials will be lasting and permanent and will complement the architecture and the setting; the materials will require a minimum of maintenance; and no sponsorship may appear on commemorative plaques or works.
(I) The schematic design proposal must also include drawings, sketches and models, as appropriate determined by the architect of the capitol; an engineering feasibility, if deemed appropriate by the architect of the capitol; a detailed budget and identification of source of funds; a timeline for implementation; requirements for future maintenance including a budget.
(J) Once the architect of the capitol is satisfied that the schematic design meets the design criteria, the proposal will be presented to the capitol square review and advisory board for its review. If the proposal is approved by the board, work will progress to the design development stage; if it is not approved, the board will give direction to the architect of the capitol so that revisions to the proposal can be made.
(K) The design development proposal will be submitted to the architect of the capitol for review and approval. Once approved the contract documents can be prepared.
(L) Contract documents will be submitted to the architect of the capitol for review. When the architect of the capitol is satisfied that the contract documents are complete, they will be submitted to the capitol square review and advisory board for approval. If approved by the board, the architect of the capitol will oversee implementation of the proposal for the board. At the time the contract documents are submitted to the board for review, the sponsor of the commemorative work must have all construction money, plus twenty percent of the cost of construction, to be contributed to the capitol square conservation fund which will fund repair and maintenance of all commemorative works, in hand, and evidenced by a letter of commitment from the sponsoring individual, organization or group. All required funding must be transferred to the board prior to commencement of the project.
(M) If a proposal for a commemorative work is given final approval by the capitol square review and advisory board, but the design process is not completed within a five-year period following the approval, then the approval is considered void and the proposal must begin the process again, should the applicant choose to continue to pursue the proposal.
(A) Unless otherwise provided by law, no flag, other than the flag of the United States or its military services, the flag of this or any other state, county, or municipality of the United States, or with the specific approval of the capitol square review and advisory board, any international governmental flag, may be flown on capitol square.
(B) The eighty-eight flags representing each county located on the veterans plaza will not be flown on a permanent basis, but, only at times and occasions that will alert the passing public that a special date or event that is significant to American history and veterans is at hand.
(1) The eighty-eight flags will be displayed for at least two days prior to and two days after, but not to exceed one week for the following days: POW/MIA day, Armed Forces day, Memorial day, Flag day, Independence day, Labor day, Constitution day, Election day, Veterans day, and Statehood day.
(2) The eighty-eight flags will be displayed upon a declaration of war or upon the request of the governor when the armed forces of the United States are engaged in hostile action, the flags will be flown for a period not to exceed thirty days.
(3) The eighty-eight flags may be displayed for special events if the permit holder requests, and agrees to pay expenses for doing so.
(4) The eighty-eight flags will be flown at any time appropriate as determined by the board.
(A) The use of non-business appliances, which include, but is not limited to coffee makers, refrigerators, and microwaves; is prohibited outside of the kitchenettes.
(1) With approval of the capitol square review and advisory board, non-business appliances may be used in the kitchenettes.
(2) Upon approval of the board, water coolers without refrigerators may be used outside of the kitchenettes.
(3) The use of portable heating devices anywhere inside the capitol square buildings is prohibited.
(A) Eight of the statehouse hearing rooms shall be named for the eight Ohioans elected president of the United States.
(B) The remainder of the statehouse hearing rooms shall be reserved for future United States presidents, and shall be known by their room numbers until such time as another Ohioan is elected president.
(C) Room number 126 on the first floor of the senate building, formerly the law library, shall be known as the Richard H. Finan hearing room, in recognition of Senator Finan's unswerving leadership in restoring the state capitol.
(D) Room numbers 217 and 231 on the second floor of the senate building, formerly courtrooms of the supreme court of Ohio, shall be known as the Senate North hearing room and the Senate South hearing room, respectively.
(E) All additional proposals for naming rooms and spaces at the capitol shall conform to rule 128-3-01 of the Administrative Code, rules for submission of memorial proposals to the board, and rule 128-4-08.9 of the Administrative Code, commemorative works at capitol square.
(A) The replacement bust program is defined herein as an effort to replace busts above windows in the chambers of the Ohio senate and Ohio house of representatives and at other locations around the capitol in the manner of the period of restoration 1860 to 1872.
(B) The replacement busts shall depict individuals who have made a lasting and positive impact on the furtherance of democracy, western civilization, or the establishment, promotion, or defense of the United States of America or the state of Ohio.
(C) Rule 128-4-08 of the Administrative Code and section 105.42 of the Revised Code, commemorative works at capitol square, with exception of paragraph (F)(3) of that rule shall apply to the replacement bust program.