Use of Facilities
The use of school facilities and grounds by the general public is governed by Chapter 39, Hawaii Administrative Rules. According to Chapter 39, such facilities shall be made available for public use as long as the requested activities do not interfere with normal school operations.
This page contains answers to frequently asked questions relating to the use of school facilities. The information presented here is based on Chapter 39. For a complete and official guide to the use of facilities, please consult Chapter 39 directly. For questions relating to use of facilities, please email Ken Kajihara at Ken_Kajihara@notes.k12.hi.us.
How does a user apply for the use of school facilities?
Users need to fill out the Application for Use of School Buildings, Facilities, or Grounds (Forms BO-1 and BO-2) and submit it to the school office at least 10 days prior to the requested date of use. Forms are available at http://fssb.k12.hi.us/forms.htm.
For periods of use not exceeding 12 consecutive months, approval/disapproval of the application shall be determined by the school principal or a designee.
For periods of use exceeding 12 consecutive months, the school shall initially process the application. Final approval is to be given by the Board of Land and Natural Resources.
What's the difference between Type I, Type II and Type III uses?
The use of school facilities must be categorized as one of the following types of uses:
| Type I | DOE, school sponsored and school-related activities. |
| Type II | Governmental agencies, not for profit community educational or recreational activities, youth clubs, athletic teams, labor organizations or service clubs conducting general recreational activities, community affairs, or public hearings for which no admission charge is made, collection taken or offering received during the use of school facilities. Student child-care activities conducted by non-profit organizations who have received tax exemption from the State Department of Taxation shall be classified as Type II use even if there is a charge. |
| Type III | Governmental agencies,
community groups, churches, business enterprises, labor unions or
individuals who: (A) Charge participants a fee, tuition, collect donations, contributions or offerings; or (B) Conduct fund raising activities, or meetings or services to promote a business, product, or religion; or (C) Do not meet the criteria as a Type I or Type II user. |
What can we charge the user for?
Eligible charges include those for rental of the facility(ies), custodial services and utilities. Depending on the type of use applied for, one or more of the eligible charges may not apply. See table below.
| Rental Fee | Custodial Fee | Utility Fee | |
| Type I | None | If custodial services are required beyond the school day, charge shall be for a minimum of two hours. | None |
| Type II | None | Same as above. | Yes |
| Type III | Yes | Same as above. | Yes |
How much can we charge the user?
The amount charged for the use of the school's facilities is to be in accordance with the Schedule of Rental Fees and Service Charges.
What are some examples of the different types of uses?
| Use | Examples of Qualifying Users/Uses |
| Type 1 | School related activities, school parent-teacher-student organizations, SCBM, DOE in-service workshops, all A-Plus programs, county Department of Parks and Recreation (per joint-use agreement), primary and general elections including training for election officials, school directed after school, night, or weekend activities. |
| Type II | Federal, state and county agencies, nonprofit community organizations, youth athletic teams, private preschool and after school programs endorsed by the DOE, public hearings and meetings, and other educational or recreational activities approved by the school where no fees are assessed or collected. |
| Type III | Organizations, groups, or individuals who do not belong to Type I or Type II category, churches, private schools, universities, business enterprises, special interest classes, and others charging a fee or tuition, or collecting a donation or offering. |
What happens to the money collected?
The principal or designee is responsible for the collection of fees. The amount collected shall be deposited into a special fund.
Statutory special fund assessments shall first be deducted from the fees collected. Seventy percent of the remaining funds shall be credited to the school; thirty percent shall be credited to the district. One hundred percent of all funds collected for custodial services and utilities shall be used to reimburse the school.
What about property damage and liability?
All applicants must comply with state laws and county ordinances, including, but not limited to, the fire code and health regulations. Applicants shall also agree to:
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Assume cost of repairs to facilities or grounds whether accidental or otherwise at the time of use. |
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Execute the Statement Indemnifying State Against Liability Claim (Form BO-2) form which releases the state from any responsibility or claim arising out of use of school facilities. The completed original application goes to the district office. The school and applicant should have copies of the completed application. |
Applicants for events which involve large crowds and/or greater risk (e.g., carnivals, non-department athletic events) shall be required to carry general liability coverage in the amount of $1,000,000 per incident of personal injury with the State of Hawaii named as the additional insured.
A fair organizer or promoter who charges participants for the use of parts of a facility or tables in a facility shall assure that each of the participants carries adequate liability insurance for an amount determined by the State of Hawaii.
What security measures need to be taken?
Except as determined by the principal or district superintendent, a minimum of one police officer shall be on duty for events using the gymnasium, auditorium, cafetorium or for swimming meets, carnivals and fairs. The applicant shall be responsible for hiring and paying for the police protection and shall submit the name(s) of the officers hired to the school prior to the event.
Can alcoholic beverages be served?
Alcoholic beverages and tobacco substances cannot be sold, consumed or used on school grounds or in school buildings.
Can users be given use of the cafeteria kitchen?
Use of the school's kitchen facilities is governed by Chapter 40, HAR. Please contact the School Food Services Branch at 733-8400 for guidelines on kitchen use by outside groups.
However, the dining room and stage portions of the cafeteria do fall under Chapter 39, so the guidelines outlined here apply to those areas.
Do our facilities have to accessible to the handicapped?
No. However, should disabled persons wish to participate in the requested use, the applicant must make reasonable accommodation to permit such participation.
If a custodian chooses to work as an election worker, how does s/he get paid?
A custodian who opts to assist with the elections is paid entirely by the Office of Elections according to rates set by the Office of Elections. The custodian would not receive custodial pay since s/he will be performing duties required by the Office of Elections rather than performing normal custodial duties.