Regulations for the Use of School Premises and State Sports Facilities

[1] This regulation governs the use of external and internal school premises, as well as the paid provision of school premises (hereinafter premises) and state sports facilities (hereinafter facilities) such as gymnasiums, swimming pools, and outdoor sports infrastructures. The lessor is the Republic and Canton of Ticino through the School Institute or the competent Service (hereinafter lessor).

[1] Art. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169; previous amendment: BU 2012, 310.

[2] The school administration may issue directives to ensure order and safety in external and internal school spaces.

Criteria for making available [3]

[2] Art. introduced by R 3.7.2012; in force since 1.7.2012 - BU 2012, 310.

[3] Marginal note modified by R 3.7.2012; in force since 1.7.2012 - BU 2012, 310.

[4] 1 The school has priority of use over all spaces and facilities.

2 For the use of facilities, the needs of school physical education, the Sports Office, youth activities within the framework of the Youth and Sport programs, and sports activities of federations must be considered in order of priority. For federation activities, priority is granted solely when the facilities are used in strict relation to the discipline practiced. [5]

3 The spaces and facilities are made available to associations, societies, or other organizations, for a fee and outside school hours. State services, within the scope of their institutional activities, are exempt from paying the usage fee.

4 In justified cases, the spaces and facilities may be made available to individual users for sports or artistic training, and in exceptional cases, they may also be used for commercial purposes. [6]

[4] Art. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

[5] Sub-para. amended by R 14.10.2014; in force since 1.1.2015 - BU 2014, 472.

[6] Sub-para. amended by R 29.3.2023; in force since 31.3.2023 - BU 2023, 126.

A regular use can create a right of precedence over other applicants.

[7] Subletting by the tenant is prohibited.

[7] Art. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

Requests must be submitted in writing to the landlord.

1. Use agreements (hereinafter agreements) may be stipulated for each individual event or for a determined period through official forms, on which the lessee must in particular indicate the name of the person responsible vis-à-vis the lessor.

2. Long-term agreements are, as a rule, stipulated for an entire academic year.

3. A copy of the agreement, accompanied by the document attesting to the payment of the use fee, must be transmitted to the Administrative Section of the Department of Education, Culture and Sport no later than the end of the relevant academic year. [8]

4. Renunciation of a regular use of the facility must be promptly reported to the lessor.

[8] Para. modified by R 18.3.2014; in force from 1.4.2014 - BU 2014, 169.

1. Usage fees are calculated based on occupancy and collected in advance by the lessor.

2. Except in exceptional and justified cases, no refunds are permitted for leased and unused spaces and facilities, and in case of early termination of the usage agreement for the reasons provided for in Article 8 letter a) and Article 16. [9]

[9] Para. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

The usage agreement stipulated for a determined period may be terminated early

a) when the conditions set out in the regulations are not respected;

b) when the reserved spaces and facilities are not used without prior and justified notification to the lessor; [10]

c) in case of scholastic necessity.

[10] Subpara. modified by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

1. The agreement includes the use of fixed and mobile sports equipment (with the exception of small items), changing rooms, showers, as well as outdoor facilities; the lessor may also make available their own equipment.

2. The use of technical equipment is directly regulated by the lessor within the agreement.

When a particular facility is unavailable due to maintenance work and/or other special needs, the lessor may provide other similar facilities. If providing another facility is not possible, the lessee cannot claim any compensation.

1 The facilities are available from Monday to Friday from 5:30 PM to 10:00 PM, until 8:30 PM for swimming pools. If school activities permit, the facilities may also be made available earlier, particularly on Wednesday afternoons.

2 In the allocation of teaching units, youth activities have priority in choosing the time slot.

3 On weekends, operating hours are defined in individual agreements.

1 The hours of use are indicated in the agreement; the allocated facilities may be used exclusively during the established hours.

2 In exceptional cases, the lessor may, upon written request, authorize the use of the facilities even outside the hours established by art. 11.

3 The use of the facilities may be granted, save for particular cases, for a maximum of 1 hour and 30 minutes (teaching unit) per day for each of its individual sections. [11]

School holidays

[11] Para. amended by R 18.3.2014; in force from 1.4.2014 - BU 2014, 169.

The facilities are open all year round with the exception of school holidays. During school holidays, the facilities are, where possible, made available and the relative surveillance and cleaning costs are borne by the lessee.

[13] 1 The lessee is responsible for the leased spaces or facilities during their period of use. They shall be opened, controlled, and closed by the person designated by the lessee. The lessor shall in any case have a right of supervision over the lessee.

2 The specific directives for each individual space or facility shall apply to their collection and return.

[13] Art. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

1 If damage occurs during use to the furniture, technical equipment, furnishings, or fixed infrastructure, the lessee is obliged to notify the lessor immediately using the designated form. [14]

2 Similarly, defects, damage, and dirt must be reported.

[14] Para. modified by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

1 If the lessee fails to maintain order and/or otherwise contravenes the regulations in force, they shall be admonished by the lessor. [15]

2 In the event of repeated infringement, the agreement shall be terminated.

[15] Para. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

1 All infrastructures must be treated with the utmost care and attention.

2 No modifications may be made to leased spaces and installations under any circumstances. Equipment must be used solely for the purpose for which it was designed. Repairs may be ordered exclusively by the lessor. [16]

[16] Art. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

[17] Where there is sufficient space, the storage of private material is possible in the duly allocated places.

[17] Art. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

[18] 1. Gym equipment cannot be taken outside.

2. Gyms are only accessible when wearing shoes with white soles exclusively intended for indoor use. Shoes used for outdoor facilities must be removed before entering indoors.

3. In outdoor facilities, the use of shoes with fixed or interchangeable studs is generally prohibited.

4. Each tenant must provide the necessary sanitary material in relation to their specific needs and regulations.

[18] Art. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

[19] The tenant who excessively dirties the premises must, at the end of the activity, provide for the cleaning of the spaces, tools, and facilities. Should the tenant fail to carry out the necessary cleaning, the resulting expenses will be separately invoiced to them.

[19] Art. modified by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

1 The lessor decides on the utilization of grass fields in case of uncertain weather and/or soft ground.

2 … [20]

3 When two or more users are simultaneously active in the gymnasiums of an institution, they must agree on the use of external facilities, unless specific provisions exist.

[20] Art. repealed by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

… [21]

[21] Art. repealed by R 18.3.2014; in force from 1.4.2014 - BU 2014, 169.

[22] The display of advertising material or similar relating to goods that can generate dependence is prohibited in the facilities.

[22] Art. amended by R 18.3.2014; in force from 1.4.2014 - BU 2014, 169.

[23] 1. Unless specifically otherwise provided, it is forbidden to bring and consume food in the spaces and facilities, while beverages may only be transported in appropriate containers (excluding glass).

2. In any case, smoking is prohibited.

[23] Article amended by R 18.3.2014; effective from 1.4.2014 - BU 2014, 169.

1 The lessee is liable to the State for any damage to the premises and facilities caused intentionally or through negligence and/or for damage caused by them that does not constitute normal wear and tear.

2 The lessee is liable for the inappropriate use of fixed and movable equipment. [24]

3 The lessee and its members must privately assume the risks arising from injuries, accidents and/or any damage caused by them. For this purpose, the lessee must take out a Public Liability insurance.

4 The lessor assumes no liability for injuries, accidents and damages arising from the use of the facilities.

[24] Para. amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

1 Usage fees and expenses are collected in advance by the lessor. An adequate deposit may also be required when there is an increased risk or there have been previous instances of damage.

2 For activities scheduled for an entire day, the usage fee must be at least three times the usage fee per teaching unit as per Art. 27, without prejudice to the cleaning and surveillance expenses provided for in Art. 29.

3 For commercial events, the usage fee and the cleaning and surveillance expenses are set on a case-by-case basis by the lessor.

4 A teaching unit has a duration of 1 hour and 30 minutes.

Usage Fees [25]

[25] Marginal note amended by R 18.3.2014; in force since 1.4.2014 - BU 2014, 169.

[26] The user fees are as follows

– school classrooms 15 francs per teaching unit;

– equipped school classrooms (laboratories, IT, etc.) 100 francs per teaching unit;

– standard auditoriums 50 francs per teaching unit;

– SUPSI Lugano Trevano auditorium and Cantonal School of Commerce auditorium from 250 to 500 francs per teaching unit;

– gymnasiums 20 francs per field unit per teaching unit;

– indoor swimming pools 30 francs per teaching unit;

– Scuola Specializzata Superiore Alberghiera e del Turismo (SSSAT) application kitchen from 50 to 150 francs per teaching unit;

– SSSAT application restaurant from 50 to 150 francs per teaching unit;

– sports hall from 165 to 300 francs per day; for multi-day occupations, a special contract will be stipulated.

[26] Art. modified by R 13.3.2019; in force since 15.3.2019 - BU 2019, 93; previous modification: BU 2014, 169.

1. Activities organized within the scope of Youth and Sport programs, those comparable to Youth and Sport activities, as well as those promoted under federation auspices with young people under 20 years of age, are exempt from paying the usage fee for gymnasiums and swimming pools.

2. For sports activities not covered by paragraph 1, the amount of the usage fee per teaching unit is reduced by 20% if the use of the facility exceeds four consecutive months. For school classrooms, this reduction is 50%.

3. Public law corporations (municipalities, patricianates, parishes, consortia) are exempt from paying the usage fees for auditoriums for the organization of events of general interest.

1 For use during school holidays, on mid-week public holidays and on weekends (Saturday and Sunday), all users are required to pay, in addition to the amounts set out in Art. 27, supplementary cleaning and supervision costs, established as follows

– CP Trevano Pools, Lugano High School 1 CHF 270.– on public holidays

CHF 180.– on weekdays

– Pools at other locations CHF 85.–

– Gyms - per field unit CHF 55.–

2 Daily cleaning costs are independent of the hours of use of the facility. These costs will be proportionally divided if the facility is used by multiple tenants on the same day.

3 If necessary, at the discretion of the School Management, supervision costs performed by third parties may be added.

The Regulation concerning the Use of School Premises and State Sports Facilities of 5 August 1997 is repealed.

This Regulation is published in the Official Bulletin of Laws and Executive Acts of the Canton of Ticino and comes into force on 1 July 2009.

Published in BU 2009, 255.