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247.238
Aerial recreational facilities -- Administrative regulations -Administration fund.
(1)
(2)
(3)
(4)
(5)
As used in this section:
(a) "ACCT standard" means the latest standards and specifications as set forth by
the Association for Challenge Course Technology;
(b) 1.
"Aerial recreational device" means a device that provides for a unit of
human activity, including but not limited to devices to simulate rock
climbing, beams, bridges, cable traverses, climbing walls, nets,
platforms, ropes, swings, towers, zip lines, or jump systems that are
installed on or in trees, poles, portable structures, buildings, or that are
part of a self-supporting structure.
2.
Unless designated by administrative regulation promulgated by the
Commissioner, "aerial recreational device" does not include
nonmechanical playground equipment, such as swings, seesaws, slides
less than fifteen (15) feet in height at their highest point, rider-propelled
merry-go-rounds, stationary spring-mounted animal devices, and
physical fitness equipment.
3.
The Commissioner may, by administrative regulation, designate other
devices that are not included in the definition of "aerial recreational
device";
(c) "Aerial recreational facility" means a commercial or educational facility,
including those offering canopy tours or zip line tours, consisting of one (1) or
more aerial recreational devices;
(d) "ASTM standard" shall have the same meaning as in KRS 247.232;
(e) "Canopy tour" means a guided aerial exploration or transit of the forest
canopy, most commonly by means of a series of one (1) or more aerial
recreational devices; and
(f) "Zip line tour" means a guided aerial exploration or transit of a landscape by
means of a series of zip lines and platforms.
The department shall promulgate administrative regulations, pursuant to KRS
Chapter 13A, necessary to establish requirements and standards recognized by the
department for the operation and regulation of aerial recreational devices, aerial
recreational facilities, canopy tours, and zip line tours in the state.
In establishing the requirements and standards for the operation and regulation of
aerial recreational facilities in the state, the department may:
(a) Rely on applicable ACCT or ASTM standards or other accepted industry
standards; and
(b) Provide for acceptance of third-party inspections and investigations of aerial
recreational facilities.
The department may assess reasonable fees for the administration of any aerial
recreational facility regulatory requirements.
The department shall promulgate administrative regulations relating to aerial
(6)
recreational devices, aerial recreational facilities, canopy tours, and zip line tours
that establish a comprehensive set of administrative violations, administrative
sanctions, and civil penalties not to exceed ten thousand dollars ($10,000).
(a) All administrative fees and proceeds from civil penalties collected by the
department under this section shall be deposited in the fund established in
paragraph (b) of this subsection for the use of the department in enforcing the
provisions of this section.
(b) The aerial recreational facilities administration fund is hereby created as a
separate trust fund in the State Treasury. The aerial recreational facilities
administration fund shall consist of amounts deposited in the fund under
paragraph (a) of this subsection, as well as amounts received from
appropriations and any other proceeds from gifts, grants, federal funds, or any
other funds, both public and private, made available for the purposes of this
section.
(c) Notwithstanding KRS 45.229, aerial recreational facilities administration fund
amounts not expended at the close of a fiscal year shall not lapse but shall be
carried forward into the next fiscal year.
(d) Any interest earnings of the aerial recreational facilities administration fund
shall become a part of the aerial recreational facilities administration fund and
shall not lapse.
(e) Moneys deposited in the fund are hereby appropriated for the purposes set
forth in this section and shall not be appropriated or transferred by the General
Assembly for any other purposes.
Effective: July 15, 2016
History: Created 2016 Ky. Acts ch. 37, sec. 1, effective July 15, 2016.
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