Does One Need a Permit to Put Up Public Art
Past Octavio Robles, AIA, Esq
When public art is commissioned, it eventually has to be installed. The permitting process to install public art can be equally varied as the art itself. The degree of permitting required for a public art installation depends greatly on where the art will be installed, what blazon of art information technology is, who owns the holding where the art will be installed and what authorities agencies have jurisdiction over the location where the art is to be installed.
Art INSTALLATIONS IN PRIVATELY OWNED Backdrop
Where the fine art is to be installed upon privately owned belongings, the near important permission would be from the property possessor or its representative in writing. If the art is to be installed inside the envelope of a edifice, governmental permitting depends on the complexity of the installation. Where the art installation is framed art in a lobby of a building, it is likely that no permits volition be required. Similarly, where the aforementioned framed fine art requires special illumination, then an electrical permit may exist required with all the corresponding inspections.
In cases where the art installation is within a private belongings but located in an outdoor setting, like an atrium, courtyard or in front of a building, besides the owner'due south permission, a number of requirements by the municipality'southward building section would probable exist triggered. In cases where the fine art is sculptural, depending on its size and location in relationship to pedestrians and vehicles, plans and specifications would probable have to exist prepared and submitted with technology calculations that would determine and demonstrate the design'southward ability to withstand its own loads as well as wind loads, public safety and even environmental concerns.
Cecilia Lueza, A Timeless Journeying. Murals on eleven Skyway Columns in Downtown Jacksonville, Florida. 2017-2018. Courtesy of the artist.
Technology every bit described higher up would likely be the standard in such large sculptural installations, regardless of whether the installation is to be made in individual holding, authorities holding or public right-of-means.
HIRING CONTRACTORS TO OBTAIN PERMITS FOR Fine art INSTALLATIONS
Artists may rent a private licensed contractor and work with it direct in order to obtain required permits and install the art. Artists may as well retain agencies that specialize in coordinating all the requirements that any given installation may demand. These agencies' responsibility can range from procuring the engineering calculations, plans and specifications to expediting the permits, obtaining insurance, hiring the actual contractors, supervising and approving their work, paying them and handling all releases of liens. The procedure can go complicated.
OTHER ALTERNATIVES
Some artists, considering the installation of their art is not circuitous or for reasons of quality control, may elect to practice their own installations and procure their own permits. Some jurisdictions may not allow an creative person to do their own installation or pull their own permits due to the complexity of the projection. Still, others may work closely with a contractor, who is familiar with their work, on all their projects. Such artist-installer teams can piece of work very seamlessly with the artist creating the designs and the technical partner handling all legal, technical and insurance requirements.
The artist Cecilia Lueza paints murals and creates sculptures that require specialized technical installations. Her murals can be very large. She uses special paints that withstand the UV rays associated with Florida outdoors. She would paint her ain murals up to a pinnacle of 40 feet on platforms and man-lifts that her contractor-husband Rick Munne erects for her, complete with harnesses and other condom requirements. When the installation is college, more dangerous or requires the installation of heavy structural components for her sculptures, Rick takes over and handles the installation with his licensed construction crew. Withal, they pointed out that they only work with municipalities that handle their ain permitting and pull their own permit. They still would have to have required licenses and insurance.
OTHER REQUIREMENTS FOR PERMITTING AND INSTALLATIONS
As role of the permitting process in near jurisdictions, a contractor must demonstrate the aforementioned set up of required qualifications for art installations in private, government and public properties every bit they would have to demonstrate for whatever other project that does not involve art. Normally, the contractor procuring and pulling the permit would accept to demonstrate that it is licensed, that it is current in paying municipal concern license fees, that it has proper liability insurance that names the municipality issuing the permit as a loss payee and that it carries either workers' bounty insurance or has been issued a workers' compensation exemption by the state of Florida.
Liability insurance covers losses acquired by the contractor to others as part of the contractor'due south activities. When there's an incident with a loss, and it occurs in regime or public areas, it is likely that the municipality where the incident occurred and which issued the let, would be named equally a co-defendant in the example. For this reason, municipalities crave the loss payee provision in insurance certificates. In cases where the municipality issuing the let is likewise commissioning the work, or the work is commissioned by others only will be installed in municipal belongings, the municipality volition likely require that the creative person and sometimes likewise the contractor, execute an indemnification/hold harmless agreement with the municipality that would protect the municipality from claims by parties affected by whatsoever loss. Due to the installation in question.
Workers' bounty insurance covers injuries and resulting disabilities to workers during work activities. Information technology is a country of Florida requirement and municipalities serve equally enforcers for the state. Municipalities unremarkably also require that certificates of insurance include workers' compensation coverage naming the municipality. Workers' compensation insurance that covers all employees is required of all contractors in Florida. At that place'south a provision in the police that allows an exemption from workers' compensation coverage for employees that are besides part owners of the company. A workers' compensation exemption is ideal for those contractors that do small projects using upward to 3 visitor officers as worker-employees for parts of the project and subcontracting the rest of the project to others that comport workers' bounty insurance or themselves take exemptions. In the instance of exemptions, any injury would accept to be covered by regular wellness insurance. In the case of artist-contractor teams, their own exemptions and subcontracting part of the installation to others is likely sufficient to complete average midsize fine art installations.
Art installation agreements usually require extensively written contracts with the property owner, commissioning entity and municipality. Having such detailed agreements can exist very helpful in avoiding conflicts, allocating liability and determining brusk and long-term responsibilities such as for maintenance and repair costs. Nearly public fine art that requires complex installations will ultimately be the subject of maintenance costs, repairs due to accidents, storms, vandalism or simple weathering. Foreseeing and reducing to writing equally much conflict resolution equally possible can greatly improve the feel for all parties. It is very of import in contracts to specify that in whatever adapt resulting from the project, the prevailing party will be awarded attorneys fees and costs. The exposure to such fees will greatly reduce frivolous lawsuits and encourage sincerity in the legal process.
Christo and Jeanne-Claude, Documentary photograph of Surrounded Islands Biscayne Bay, Greater Miami, Florida, 1980–83, woven polypropylene fabric surrounding 11 islands, Styrofoam, steel cables, and anchoring system, 6.5 million foursquare feet of material overall. Photo: Wolfgang Volz. © Christo 1983.
Art INSTALLATIONS Tin can Exist VERY Circuitous
Fine art installations can besides be very complex. This twelvemonth commemorates the 35th anniversary of the mega fine art installation Surrounded Islands project by the artist Christo in Miami'southward Biscayne Bay. The project has probably been the biggest public art installation always done in Florida. It involved the wrapping of xi spoil islands in Biscayne Bay with 6.5 million square feet of hot pinkish woven polypropylene. The art installation was intentionally temporary and lasted only 2 weeks. Because of its location, the permitting process involved numerous jurisdictions. The cities of Miami and North Miami, as well as the Hamlet of Miami Shores and Miami-Dade County, were involved. The project was installed along the intercoastal waterway, a Federal navigable body of water, therefore, the Army Corps of Engineers was involved. The installation also had major environmental concerns so both, state and canton environmental agencies were involved. Even the 11th Excursion Federal Courtroom of Appeals got involved to sort out the complex process. The permitting process for Surrounded Islands took well-nigh three years to process from idea to installation.
Octavio Robles, AIA, Esq. is a legal contributor to ARTDISTRICTS and a member of the Florida and Federal Confined (Southern District of Florida). He is a Florida Supreme Court Certified Mediator and Approved Arbitrator; a member of the Construction Commission of the Existent Property, Probate and Trust Law Department, the Art and Entertainment, and the Alternative Dispute Resolution Constabulary sections of the Florida Bar; and a member of the American Establish of Architects, Fine art Deco Lodge of Miami and Copyright Society of the USA. He holds licenses as a registered architect, state-certified full general contractor and real-estate broker in Florida and is a LEED-accredited professional. He received his Juris Doc caste from the University of Miami School of Law in 1990. He holds masters' degrees in compages and construction management and a bachelor's degree in design, all from the Academy of Florida. His practice is limited to art, design, compages, construction and real-estate police.
Source: http://artdistricts.com/ask-the-art-lawyer-the-permitting-process-for-installing-art-in-public-places/
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