Pennsylvania Code › Title 43 - MILITARY AFFAIRS › Part I - Department of Military Affairs › Chapter 3 - STATE ARMORY BOARD › USE OF ARMORIES › Section 3.37 - Short-term rentals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  local board may enter into a rental agreement with responsible persons or
				  organizations at rental rates established by the State Board, subject to the
				  following conditions:
(1) The rental agreement
				  form provided by the State Board will be completely executed and approved in
				  advance by the State Board.
(2) The
				  rental will not interfere with military operations.
(3) The rental fee will be paid in advance to
				  the State Board, at the rates set forth in §
											3.39 (relating to rental
				  costs).
(4) An authorization for
				  the use or rental of the armory premises will be carefully reviewed by the
				  local board to insure that the use or rental is in full conformity with
				  acceptable community standards and their regulation.
(5) A member of the local board, or an
				  authorized representative, will be present at all times while the rental use is
				  in progress to provide for physical security of the premises.
(6) The rental agreement shall provide that
				  the renter of an armory shall be responsible for replacement of the armory or
				  its repair in the event of damage or destruction caused during or as a result
				  of the rental use. The renter shall procure, at the expense of the renter,
				  property damage insurance for the armory premises in an amount specified in the
				  rental agreement, to insure the premises against damage from any cause related
				  to the rental use of the armory. Prior to commencing the rental use, the renter
				  shall provide the local board with a certificate of insurance indicating that
				  the required amount of coverage is in force.
(7) The rental agreement shall provide that
				  the renter agrees to indemnify and hold harmless the Commonwealth, the
				  Department, the State Board, the local board and their agents, employes and
				  assigns, against any and all claims, demands or actions that may be brought
				  against them for personal injuries, death, property damage and the like that
				  may arise out of or result from the rental of the armory or occur on the armory
				  premises during the rental period. The renter shall procure, at the expense of
				  the renter, appropriate public liability coverage naming the Commonwealth, the
				  Department, the State Board and local board, and their agents, employes and
				  assigns, as additional insureds. The amount of liability coverage to be
				  procured shall be specified in the rental agreement and shall depend upon the
				  nature of the rental use. Prior to commencing the rental use, the renter shall
				  provide the local board with a certificate of insurance indicating that the
				  required amount of coverage is in force for the rental. When the lessee is a
				  governmental agency that provides self-insurance, the lessee shall provide a
				  letter to that effect indicating the limitations on self-insurance coverage and
				  the authority for such coverage.
(8) The renting agency shall pay the State
				  Board for the services of a temporary State employe, or for the overtime
				  services of a permanent State Board employe required as a result of the rental.
				  Reference should be made to § 3.39. Use of personnel other than temporary
				  State employes or State Board employes to provide security and custodial
				  services required as a result of a rental is prohibited, unless the personnel
				  receive no compensation for their services from any source.
(9) Every rental agreement shall provide that
				  it is subject to cancellation or termination by the Adjutant General or his
				  designee, without liability to the Commonwealth, the Department or the State
				  Board or local board, when the armory is deemed necessary for use by
				  Pennsylvania military forces or units thereof during periods of active State
				  duty or to carry out other military requirements.