New Mexico Administrative Code › Title 6 - PRIMARY AND SECONDARY EDUCATION › Chapter 50 - INSURANCE › Part 17 - USE OF SCHOOL FACILITIES BY PRIVATE PERSONS › Section 6.50.17.8 - POLICY ON USE OF SCHOOL FACILITIES BY PRIVATE PERSONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. The representative of the requesting group
				shall contact the facilities manager or other designated school official of the
				desired site regarding the proposed usage within a time frame required by the
				site manager or official. The school or school district shall provide the
				requesting group with a site use agreement which sets forth the terms and
				conditions of use of the premises. Site use agreements shall at minimum include
				a copy of the school's safety rules or safety rules provided by the authority's
				risk management provider. The requesting group shall agree to follow the safety
				rules included with the site use agreement and also agree to follow the
				liability and risk related rules contained in Subsection G of 6.50.17.8 NMAC
				prior to use of the school facilities. The school facility use shall be
				conducted in compliance with all federal, state and municipal statutes,
				ordinances, rules and regulations including those with regard to
				discrimination. School facilities shall not be used for any unlawful
				purpose.
B. All groups shall also
				agree that the schools will not be liable for injury to the property of the
				group itself or participants in the group's activities resulting from their
				participation in the group's activities. Groups and their individual
				participants shall be required to give waivers of liability and releases for
				personal injury or property damage on forms provided by the school or the
				authority.
C. Liability insurance
				provided through the authority shall be excess over any valid and collectible
				insurance carried by any group permitted to use school facilities. Liability
				insurance provided by the authority for use of school facilities by private
				persons is limited to $1,000,000 per occurrence. Schools or school districts
				shall not warrant the suitability of the facility or of the facility's contents
				for the uses intended by the requesting group.
D. Commercial groups shall provide a copy of
				a current business license. Commercial groups shall inform participants that
				the activity is not sponsored by the school whose facilities are being
				used.
E. All districts shall
				include within their site use agreement a statement clearly indicating that the
				approved activity sponsor must assure that activity participants, guests and
				spectators only access those site areas designated for the activity. District
				superintendents shall also designate in the site use agreement an individual
				who shall verify that all the areas utilized were properly checked and secured
				upon departure from the facility.
F. Schools and school districts shall make
				their own arrangements regarding any payments required for use of the
				facilities, for reimbursement for special services such as setting up tables
				and chairs, use of school equipment such as projectors or video equipment or
				abnormal wear and tear on the facilities. All fees shall be made by check or
				money order and shall be made payable to the school or school board. It is
				inappropriate for users of school facilities to pay school employees directly
				for services in kind or in cash.
G.
				In addition to the safety rules included in the site use agreement, any user of
				school or school district facilities must agree to the following liability and
				risk related rules.
(1) The use of alcohol,
				illegal drugs and tobacco are prohibited on all school property at all
				times.
(2) Guns are not permitted
				on school property except for those in the possession of authorized law
				enforcement personnel.
(3) Users of
				the facility shall be responsible for providing security as required by the
				member school or school district for the type of function they have
				planned.
(4) Users of swimming pool
				facilities must have a certified life guard on duty at all times.
(5) For events that involve animals,
				including dogs, all must be leashed, penned, caged or otherwise properly
				contained, constrained or under supervision and control at all times. Animals
				or pets not properly contained, constrained or under supervision and control at
				all times are prohibited.
(6) Open
				fires including candles, torches, and bonfires shall not be allowed except
				pursuant to prior approval and permit by the appropriate authorities.
(7) Building exits shall never be blocked for
				any reason.
(8) Parking shall be in
				designated areas only.
(9) Every
				effort shall be made to provide vehicle and pedestrian traffic management in
				order to insure safe and orderly movement of vehicles and people.
(10) All care shall be taken in the design,
				placement and construction of booths, displays, viewing stands, platforms,
				theater sets, temporary stages or any other structures to safeguard the safety
				of those building, using and disassembling such structures.
(11) Decorations shall be fire resistant
				whenever possible, cover no more than 20 percent of the wall area and never be
				placed within close proximity to incendiary sources.
(12) Care shall be taken at all times to
				avoid the creation of tripping hazards or if unavoidable to warn participants
				of obstacles.
(13) No hazardous
				materials, including pyrotechnic devises, fireworks, explosives flammable
				materials or liquids, poisonous materials or plants, strong acids or caustics
				shall be brought onto the premises or used in any way while occupying the
				premises except with the approval prior to use by the fire marshal or other
				authority having jurisdiction.
(14)
				No amusement rides or attractions, including but not limited to, trampolines of
				any type, enclosed or air supported structures of any type, climbing walls,
				climbing ropes, bow and arrow shooting activity or equipment or devises related
				thereto shall be brought onto the premises or used in any way while occupying
				the premises except with the express permission of school authorities and on
				proof of insurance by the user of the facility of at least $1,000,000 per
				occurrence naming the school or school district and the authority as additional
				insureds. All such activities shall be operated and overseen by persons
				experienced and, if possible, certified to do so.
(15) All users of school facilities shall
				give written notice to the school of any accident resulting in bodily injury or
				property damage to property of the school occurring on school premises or in
				any way connected with the use of the school premises within 24 hours of the
				accident. The notice shall include details of the time, place and circumstances
				of the accident and the names and addresses and phone numbers of any persons
				witnessing the accident.
(16) If
				playground equipment is to be used, the user of the facility shall provide at
				least one adult supervisor for every 15 children.
(17) The user of the facility shall provide
				the appropriate signage to inform participants of the safety rules. A list of
				emergency agencies and phone numbers shall also be posted.
(18) Access to school facilities by the users
				of the facility shall be limited to those areas specified in the site use
				agreement.