Title 9 Part 300

The State of New York, through the Office of General Services, operates and manages various State offices and parking facilities located throughout the State. In addition to being a workplace for portions of the State workforce, certain Office of General Services' operated State properties are made available to the public for other designated purposes. To fulfill its statutory obligations, the Office of General Services must endeavor to achieve a balance in providing equal access to the public and a suitable working environment for the State workforce. In determining whether permission for access and use of State facilities will be granted, the commissioner or his or her designee may consider the health, welfare and safety of persons, the security and maintenance of the State property and the normal conduct of State operations and such other considerations as provided herein. This rule is intended to be used to protect the public safety, grant equal access to State property to all citizens, to maintain an orderly environment in which to conduct State business and preserve the assets of the People of the State of New York, all in a manner which does not impinge on the constitutional rights of free speech and assembly. Therefore, to enhance and promote a suitable environment for the use and enjoyment of State property operated by the Office of General Services, the rules and regulations set forth in this Chapter are hereby established to govern the conduct of the users of State property.

Terms contained in this Chapter shall be construed as follows:

The provisions of this Chapter shall be effective within, upon, under, and in the airspace above all State property that is presently or shall in the future be under the jurisdiction, custody or control of the office.

The admittance of persons to State property and the continued presence of persons on State property, or within certain designated areas thereof, shall be contingent upon the submission of all persons to the office's then applicable security measures. These measures may include, but shall not be limited to, exhibition of appropriate personal identification as prescribed by the commissioner at all times while on State property and the recordation of their entry and exit.

If any part, section, subdivision, paragraph or provision of this Chapter shall be determined to be invalid, such determination shall apply only to that particular part, section, subdivision, paragraph or provision, and all other provisions of this Chapter shall remain valid and in effect, without limitation.

In addition to any other civil or criminal penalty that may be provided by law, the violation of one or more of these rules may result in the removal of the violator from the State property as well as the banning or confiscation of the object prohibited by the rules. Where the violation indicates a likelihood of a future threat to health, safety or welfare of the facility inhabitants, the violator may be barred from reentering the facility for a stated period of time, to be determined by the commissioner.

Each tenant agency shall provide the commissioner with the name, address and telephone numbers of at least three authorized representatives to be notified in the event of an emergency and shall ensure that such information is up to date at all times.

No pictures, plaques, bulletin boards or other items may be hung in or on State facilities except as authorized by the commissioner. Materials shall not be pinned, taped or attached to finished surfaces in or on State facilities. No window decorations, sprays or "frosting" materials shall be placed in or on State facilities.

No furniture, carpeting, machinery or equipment shall be placed over any expansion joint on State property in a manner that will hinder the movement of that joint.

The office assumes no liability for loss or damage to personal property brought onto State property. Personal property should be adequately secured by the owner at all times.

The storage, transportation or use of hazardous materials must be in accordance with the manufacturers' safety data sheet and all applicable standard practices, guidelines or rules. Radioactive materials must be stored, used and transported in accord with all applicable State and Federal statutes, rules, regulations or other governing directives. Specifically, all tenant agencies and commercial tenants must comply with chapter 27 of the Fire Code of New York State, as codified section 1225.1 of Title 19 NYCRR. Tenant agencies and commercial tenants in possession of any amounts of hazardous materials identified in tables 2703.1.1(1) through 2703.1.1(4) of chapter 27 of the Fire Code of New York State, as codified by section 1225.1 of Title 19 NYCRR shall report annually the quantity and locations of those hazardous materials to the appropriate facility manager. Special authorization for storage, transportation or use shall be required for any hazardous materials that may pose a risk to the health and safety of persons or property. The commissioner shall be notified immediately after notification of the State Police of any incident involving hazardous or radioactive materials. An incident shall be deemed to include any circumstance that poses a danger to persons or property, or requires investigation and/or action by appropriate authorities. The commissioner reserves the right to order the removal of any hazardous or radioactive materials at the cost of the State agency, person or entity responsible for such materials.

Lighted seasonal decorations are permitted on State property provided the lights contain an Underwriters Laboratory or Fire Underwriters label and are thoroughly inspected by the users for frayed or broken wires or other defects before use. All trees must be made of fire retardant materials and bear the Underwriters Laboratory label. Natural trees that are approved by the commissioner may only be permitted inside a building in accordance with the provisions of section 804 of the Fire Code of New York State, as codified by section 1225.1 of Title 19 NYCRR. All decorations must be non-combustible. No trees shall obstruct corridors, exit ways, or other means of egress. The commissioner may remove any decorations or trees found on State property in violation of this section. Upon 30 days' written notification to the responsible tenant agency, firm or person, such property will be disposed of as State surplus property in accordance with applicable statutes. Notwithstanding the provisions herein, a facility manager may impose more stringent restrictions on the use and permitted location of seasonal decorations as deemed necessary.

No cooking appliances including, but not limited to, domestic and commercial ranges/ovens, electric hot plates and portable gas-fueled units, shall be installed or used and no open flame of any nature shall be permitted on State property, except with the approval of the commissioner. The commissioner reserves the right to require the installation and use of appropriate and code compliant fire suppression, fire extinguishing and ventilation systems. The commissioner reserves the right to order the removal, discontinuation or alteration of any cooking event or activity to preclude creation of any discomfort to tenants or visitors or disruption of any activity on State property.

No State-owned or leased personal property shall be removed from State property or any State facility without authorization from the appropriate tenant agency. The commissioner reserves the right to inspect any personal property being brought into or removed from a facility or State property. The commissioner reserves the right to prohibit the introduction or removal of personal property upon due cause.

Each facility manager or his designee is authorized to establish rules consistent with this Part specific to his or her assigned facility to enhance the efficient and orderly operation of the facility or reasonably necessary to maintain order, security and safety of the State property, its occupants or visitors.

The activities and uses enumerated in this section shall be prohibited on all State property.

No person shall litter. All persons shall use receptacles provided for the disposal of refuse. No person shall deposit household or commercial refuse on State property.

No person shall injure, deface, alter, write upon, destroy, remove or tamper with in any way, any real or personal property or equipment including, without limitation, vegetation, owned by, or under the jurisdiction of, the office.

No person shall fail to comply with a lawful order of any police officer, security guard, or authorized employee of the office or the direction of any sign erected by or at the direction of the office.

A person who commits any of the following actions shall be deemed to be engaging in disorderly behavior in violation of these rules when such person:

A person shall be guilty of loitering for illegal purposes in violation of these rules when such person:

No person shall enter upon or use any State property without having paid any applicable charge or fee.

No person shall, without authorization, enter or remain upon any State property or within any structure during such times when such property or structure has been designated as closed by a sign or by the commissioner.

No person shall use an escalator or stairway for other than its intended purpose. No person shall walk or run on an escalator in the opposite direction of its rotation. No person shall ride a bicycle, scooter, operate a vehicle, skateboard, roller-blade, or roller-skate upon any escalator or stairway. No person shall bring a cart or baby stroller or baby carriage upon any escalator or stairway.

No person having custody or control of a minor shall permit such minor to do any act in violation of a rule or regulation of the office. Minors under 14 years of age shall at all times while on State property be under the supervision and control of a parent, guardian or responsible custodian.

No person shall solicit a ride or hitchhike on State property. No person shall pick up a hitchhiker on State property.

No person shall introduce or possess any animals within a State facility except for service animals and police and fire dogs under the control of their handler, without authorization from the commissioner. No person shall abandon an animal on State property.

No person shall use any restroom on State property or any fixture or equipment therein for other than its intended purpose. Prohibited activities include, but are not limited to, bathing, washing clothes or sleeping.

No person shall smoke in any area, building or portion of a building, structure or portion of a structure, on State property where signs are in place advising that smoking is prohibited at such location.

No person shall tamper with fire protection equipment on State property.

Open fires are prohibited on State property, without authorization from the commissioner.

No person shall run or jog in the interior area of a building on State property including, but not limited to, the concourse level of the Empire State Plaza unless authorized by the commissioner.

No person shall engage in camping, or erect or maintain a tent, shelter, or structure on State property either individually or as part of a public assembly. Structures erected by the office as part of State property or as part of a temporary exhibition in connection with an authorized special event are exempt from this prohibition.

No person shall skateboard, roller-skate, roller-blade, bicycle or operate a scooter on State property in other than designated areas and in compliance with all applicable helmet laws. In all other areas, these activities are prohibited. No person shall skateboard, roller-skate, roller-blade, bicycle or operate a scooter in a manner, which is unreasonable for the existing conditions or which endangers the safety of persons (including themselves) or property. Stunt riding and trick riding are hereby deemed to be inherently dangerous and are prohibited.

No person shall engage in any of the following activities or uses on State property, except pursuant to a permit issued by the commissioner and in accordance with the terms thereof and any conditions contained in this section.

Consumption of an alcoholic beverage or possession of an open bottle, container, or other vessel containing an alcoholic beverage with intent to consume such in public spaces is prohibited, except when in connection with appropriately authorized and scheduled activities approved by the commissioner and provided that such alcoholic beverages are dispensed by an agent or firm authorized to do so by the commissioner.

The introduction, possession or use of fireworks, gun powder, high explosives, blasting materials, detonating fuses, detonators and any agents, smokeless powder or any chemical compound or any mechanical mixture containing any oxidizing and combustible units, or other ingredients in such proportions, quantities, or packing that ignition by fire, friction, concussion, percussion or detonation of any part thereof may cause an explosion are prohibited, except pursuant to a permit approved by the commissioner and all necessary authorities.

Public assembly is allowed in public spaces designated for such activity upon the issuance of a permit by the commissioner pursuant to section 302-1.6 of this Part.

No person shall engage in any commercial activity on State property without authorization by the commissioner. Except for transactions pursuant to a contract let by the office or for duly permitted charitable organizations, the exchange of money or payment for goods or services or any other consummation of a commercial transaction, shall be prohibited on State property without specific prior authorization by the commissioner.

No person shall solicit money or other property from persons on State property without authorization by the commissioner.

No person shall sell, offer for sale, hire, lease or let anything whatsoever on State property, except pursuant to and in accordance with the terms of authorization granted by the commissioner.

The display, posting or distribution of advertisements, letters or circulars on State property without first obtaining permission from the commissioner is prohibited at any time. The distribution of non-commercial written materials in traditional public forums in public space is permitted except during special events, and then only when prior permission has been obtained. Written materials may only be distributed upon an indication of interest by the recipient, and, when specified in the permit, only from a fixed location.

Photographing, video taping and televising is permitted in public space unless restricted by the commissioner. Photographing, videotaping or televising events in non-public space is prohibited except as authorized by of the commissioner and an authorized representative of the tenant agency.