This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 128-4-01 | Definitions.
Effective:
December 22, 2008
(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
Last updated September 19, 2024 at 2:03 PM
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Rule 128-4-02 | Capitol buildings or grounds use: general rules and requirement of a permit.
Effective:
April 24, 2019
(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, corporate, non-profit
or public events 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)(3) of this rule, in or on
the capitol buildings or grounds without a permit is in violation of this rule.
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 activity designed to gather crowds of one hundred persons
or more; (2) 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; (3) Any group or individual engaging in
or intending to engage in activity 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 inconsistent with or in violation of local, state or federal laws,
rules or regulations. (E) CSRAB fully complies with all applicable state and federal
public accommodations and accessibility laws and operates without regard to the
content or viewpoint of speech or expression by statehouse
visitors. (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, or the executive director on behalf of the
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 in the statehouse or on statehouse grounds
except to accommodate persons under the Americans with Disabilities Act and any
other applicable laws, or unless express permission is granted by the capitol
square review and advisory board or the executive director on behalf of the
board. (4) Concessions--no concession stands or
vending machines shall be operated in or on capitol buildings or grounds
without the express permission of the board or the executive director on behalf
of the board, and consistent with the Randolf-Sheppard Act and other applicable
laws. (5) 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. (6) 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. (7) Camping on the capitol grounds is
prohibited. (8) Smoking or vaping tobacco or
electronic nicotine delivery systems, including but not limited to
e-cigarettes, within the capitol buildings is prohibited. (9) 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 without the express written permission of the board. (10) 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.
Last updated October 28, 2024 at 3:58 PM
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Rule 128-4-03 | Application procedure for a permit to use capitol buildings and grounds.
Effective:
April 24, 2019
(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. The written request shall contain the following
information: (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) 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 128-4-02 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 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. (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.
Last updated October 28, 2024 at 3:58 PM
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Rule 128-4-04 | Appeals.
Effective:
December 11, 2010
(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.
Last updated September 19, 2024 at 2:03 PM
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Rule 128-4-05 | Violation of rules or permit; general penalties.
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.
Last updated October 28, 2024 at 3:58 PM
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Rule 128-4-06 | Capitol property animal control.
Effective:
April 24, 2019
(A) No owner of any animal shall permit
such animal to run at large in capitol square. Except to accommodate persons
under the Americans with Disabilities Act and any other applicable laws, 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 statehouse grounds, 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.
Last updated September 19, 2024 at 2:03 PM
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Rule 128-4-07 | Lying in state at Capitol Square.
Effective:
December 22, 2008
(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.
Last updated October 7, 2024 at 11:45 AM
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Rule 128-4-08 | Commemorative works at capitol square.
Effective:
November 17, 2024
(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 capitol
buildings and capitol 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 set forth
in paragraphs (C) to (F) of this rule 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 capitol buildings; 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 grounds; and the veterans plaza on the east side of the capitol
grounds. The museum gallery 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 capitol buildings and on the capitol grounds.
These include the Third street entrance lobby; the visitors center; hearing
rooms; and the north and south plazas of the capitol grounds. (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 the
capitol grounds. (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 in accordance with the following
requirements: (1) The commemorative
work 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 the capitol buildings or capitol grounds, 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 comply 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 containing the applicant person
or organization; an identification of the zone being proposed for the work; a
statement of the significance of the event, person or group being commemorated;
a statement of why the capitol buildings or capitol grounds is the most
appropriate location for the proposed work; a statement of how the proposal is
consistent with the current setting of the capitol buildings and capitol
grounds, or how the proposal fits an overall scheme, theme or philosophy
governing the use of the capitol buildings and capitol grounds; 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 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),
automatic final approval (for zone four 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 or seek the input of outside
professional experts 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
must be submitted at least one month prior to the scheduled meeting date of the
board and must include the original proposal with any updated information that
is relevant to the criteria for consideration. The board may, by unanimous
vote, assign a shorter waiting period for a proposal. (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 an
architect selected by the executive director on behalf of the board
(hereinafter referred to as the "board architect") to discuss
possible locations for the commemorative work. The board architect 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 board architect for review. The design proposal must be
site-specific and take into account the significant architectural, landscape
and other design features of the site; the proposal 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 appropriate drawings, sketches and models, as determined by the
board architect; an engineering feasibility, if deemed appropriate by the board
architect; a detailed budget and identification of source of funds; a timeline
for implementation; and requirements for future maintenance, including a
budget. (J) Once the board architect 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
board architect so that revisions to the proposal can be made. (K) The design development proposal will
be submitted to the board architect for review and approval, and must include
the firm(s) or individual(s) completing the actual site work and any
accommodations or considerations they would need. The executive director on
behalf of the board will have final approval over the construction firm.
(L) At the time the design development proposal is
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) Once the design development proposal is approved, the
executive director on behalf of the board will prepare and execute contract
documents for the construction and installation of the commemorative work. The
board architect, alongside the executive director, will oversee implementation
of the proposal for the board. (N) 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.
Last updated November 18, 2024 at 8:19 AM
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Rule 128-4-09 | Flag display on capitol square.
Effective:
December 22, 2008
(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.
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Rule 128-4-10 | Capitol Square buildings appliance rule.
Effective:
December 22, 2008
(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.
Last updated September 19, 2024 at 2:03 PM
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Rule 128-4-11 | Rules for naming spaces in the statehouse.
(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.
Last updated September 19, 2024 at 2:03 PM
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Rule 128-4-12 | Replacement bust program.
Effective:
December 22, 2008
(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.
Last updated September 19, 2024 at 2:03 PM
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Rule 128-4-13 | Procedure for the removal of "commemorative works" at capitol square.
(A) Definitions (1) For the purpose of
this rule, "commemorative works" shall have the meaning set forth in
paragraph (A) of rule 128-4-08 of the Administrative Code. (2) For the purpose of
this rule, "capitol square" shall have the meaning set forth in
division (L) of section 105.41 of the Revised Code. (3) For the purpose of
this rule, "removal costs" shall mean the costs for removal of a
commemorative work, including removal, transportation, restoration of the site
as agreed upon by the architect/engineering firm selected by the board and the
board, and storage of the commemorative work for a period not to exceed five
years, if applicable. (B) Proposal stage (1) A person, group, or
organization may submit a proposal to the capitol square review and advisory
board for the removal of a commemorative work currently located at capitol
square. (2) Proposals must
contain the name of the applicant person, group, or organization; a brief
narrative description explaining why capitol square is not an appropriate
location for the commemorative work and why the removal of the commemorative
work is in the best interest of the citizens of Ohio; and any other information
pertinent to a discussion of the proposal. (3) Proposals must be
submitted at least one month prior to the regularly scheduled board meeting at
which the applicant desires to raise the proposal. (C) Decision stage (1) The board shall
discuss a timely submitted proposal at its upcoming regularly scheduled
meeting. Proposals that are not timely submitted shall be discussed at the
following regularly scheduled meeting. (2) At the meeting in
which the proposal is discussed, the board shall give the proposal preliminary
approval, deny preliminary approval, or table the proposal for further
consideration at the next regularly scheduled meeting. The board may request
additional information and may request further review by CSRAB staff or outside
professional experts. The board may also seek public input on a
submission. (3) The board shall
consider all of the following criteria when making its decision: (a) Applicable federal, state, and local laws and
regulations governing the removal of commemorative works; (b) The historical and cultural value of the commemorative
work, taking into account the commemorative work's past, present, and
future significance; and (c) The consistency of the commemorative work with the
current setting of capitol square, and whether the commemorative work continues
to fit the overall setting governing the use of capitol square. (4) If the board gives
the proposal preliminary approval, the applicant may submit the proposal to the
board for final approval after a period of five years. The final proposal must
include the original proposal, proof of funding to cover removal costs, and any
updated information that is relevant to the board's criteria for
consideration set forth in paragraphs (C)(3)(a) to (C)(3)(c) of this
rule. (5) If the board gives
the proposal final approval, the removal process will begin. For a proposal to
receive final approval, a quorum of the board as defined in rule 128-1-02 of
the Administrative Code must be present, and a majority of the full board must
cast affirmative votes in favor of the proposal. (6) If the board does not
give approval to a proposal at either the preliminary or final review, the
applicant may not resubmit the proposal until one year has passed. If the board
does not give approval to a proposal after two submissions (at either
preliminary or final review), the proposal must begin the process again, should
the applicant choose to continue to pursue the proposal. (7) In the event of an
emergency affecting the health, safety, or security of the public and/or state
property, the board may take immediate action to temporarily or permanently
remove a commemorative work from capitol square. (D) Removal stage (1) If the board gives
the proposal preliminary approval, the applicant shall, as soon as practicable,
consult with a qualified architect/engineering firm to determine an estimate of
removal costs. The estimate procured by the applicant shall be submitted to the
executive director of the CSRAB for review and approval as soon as practicable.
The executive director of the CSRAB may verify the estimate's accuracy
with an architect/engineering firm selected by the board. (2) Removal costs shall
be borne by the applicant person, group, or organization. Removal of a
commemorative work will not occur if the applicant cannot secure funding for
the removal of the commemorative work. The applicant must have secured funds to
cover all removal costs by the time of final approval. (3) If the board gives
the proposal final approval, an architect/engineering firm selected by the
board, in collaboration with CSRAB staff, shall investigate appropriate
relocation options for the commemorative work. Such options may include, but
shall not be limited to, return of the commemorative work to the work's
donor, relocation to an off-site storage facility, relinquishment of the
commemorative work to the Ohio history connection or another appropriate
recipient, or disposal of the commemorative work. The chosen relocation option
must be consistent with any and all existing laws governing the commemorative
work. The architect/engineering firm selected by the board shall submit its
recommendations to the board. (4) At its next regularly
scheduled meeting, the board shall vote on the most appropriate relocation
option. In the event that additional time is necessary to investigate
relocation options, the issue shall remain on the agenda for discussion at the
following regularly scheduled meeting. Relocation options shall be presented to
and decided by the board no later than six months following the meeting at
which the board gives the proposal final approval. (5) The applicant shall
submit removal plans and contract documents for its proposed contractor(s) to
the CSRAB executive director, who will consult with the architect/engineering
firm selected by the board, for review and approval. (6) If the board gives a
proposal final approval, but the removal itself is not completed within a
five-year period following final approval, the approval shall be considered
void and the proposal must begin the process again, should the applicant choose
to continue to pursue the proposal.
Last updated May 28, 2021 at 9:53 AM
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