§ 3.37. Short-term rentals.
(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.
(b) Rental of the armory for nonmilitary purposes at a rate less than that established by the State Board may be approved by the State Board upon the recommendation of the local board. The recommendations should be for community service activities that support the goals of the Pennsylvania National Guard, or for events that do not require full use of the armory.
(c) Free use of the armory for nonmilitary purposes may be approved by the State Board upon recommendation of the local board. The recommendations should be for nonrevenue-producing, community service activities that support the goals of the Pennsylvania National Guard. Social functions sponsored by the PNG organization occupying the armory, where the purpose is to raise money for an organization fund that would be expended for the benefit of the entire military organization, may be held in the armory without the payment of rent. However, this permission is not to be construed as applying to a continued series of entertainments sponsored by the military organization. The instructions pertaining to the use of personnel to provide security and custodial services as a result of a rental of the armory contained in subsection (a) (8) apply equally in the free use of an armory for nonmilitary purposes.
(d) The following procedures will be followed for rentals:
(1) The local board shall execute three copies of the rental agreement form provided by the State Board, including signatures by a local board representative and an official of the renting agency.
(2) The three copies of the rental agreement, with the check for payment of the rental, will be transmitted to the State Board for approval. Submission shall allow sufficient time for State Board approval in advance of the proposed rental date.
(3) The original and one copy of the approved rental agreement form will be returned to the local board. The original will be filed by the local board and the copy will be given to the renting agency.
(4) There may be occasions when, due to circumstances beyond local board control, it will not be possible to complete the processing of the rental agreement forms in advance of the proposed rental date. In such cases, advance telephone approval of the rental will be obtained from the State Board and the rental agreement forms will be processed, as outlined in paragraphs (1)—(3), as expeditiously as possible.
(e) Rental agreements shall provide that the renter will not discriminate on the basis of race, color, creed, national origin or sex in the rental use of the armory premises.
Source The provisions of this § 3.37 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4172.
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