2021 Kentucky Revised Statutes
Chapter 65 - General provisions applicable to counties, cities, and other local units
65.879 Prohibition against local ordinances specifically applicable to residential care facilities for persons with a disability -- Information to be provided by Cabinet for Health and Family Services -- Facilities not exempted from general application ordinances.
Universal Citation:
KY Rev Stat § 65.879 (2021)
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65.879 Prohibition against local ordinances specifically applicable to residential
care facilities for persons with a disability -- Information to be provided by
Cabinet for Health and Family Services -- Facilities not exempted from general
application ordinances.
(1)
(2)
(3)
As used in this section:
(a) "Cabinet" means the Cabinet for Health and Family Services;
(b) "Local government" means a city, county, charter county, urban-county
government, consolidated local government, or unified local government;
(c) "Persons with a disability" has the same meaning as in KRS 100.982; and
(d) "Residential care facility" means a residence, including a group home or
staffed residence, operated and maintained by:
1.
A private agency receiving state or federal funds; or
2.
A government agency;
that provides services in a homelike setting for persons with a disability.
A local government shall not adopt or enforce any licensing or other requirements
specifically applicable to residential care facilities providing services for persons
with a disability beyond those required by statutes or administrative regulations of
the Commonwealth of Kentucky or the federal government.
(a) A local government may adopt a resolution by its legislative body requesting
the cabinet to provide information on each residential care facility within the
requesting local government's boundaries. The cabinet shall provide
information to the local government within thirty (30) days of the receipt of
the resolution requesting this information. The information provided by the
cabinet shall be limited to:
1.
The physical location of the residential care facility or facilities; and
2.
The name and contact information for the individual or organization
primarily responsible for the oversight of the facility or facilities.
(b) Once a resolution has been filed by a local government, the cabinet shall:
1.
Provide that local government updated information if:
a.
The number of residential care facilities within the jurisdiction
changes;
b.
The physical location changes; or
c.
The name and contact information for the individual or
organization primarily responsible for the oversight changes; or
2.
Provide an annual update of the information provided in this subsection,
in the event that the provisions of subparagraph 1. of this paragraph do
not occur.
(c) The information provided in this subsection shall only be for the use of the
local government's law enforcement agencies, fire protection services, or
emergency service providers. The information provided by the cabinet shall
not be subject to the provisions of KRS 61.872 to 61.884. This exemption
(4)
applies solely to the local government receiving the information.
This section shall not be construed to exempt residential care facilities from
compliance with local government ordinances that apply generally within the
jurisdiction, including but not limited to business licensing requirements,
occupational license taxes, nuisance and property maintenance codes, public and
fire safety ordinances, health and sanitation ordinances, zoning requirements as
provided under KRS 100.984, or any other type of local ordinance of general
application.
Effective: July 12, 2012
History: Created 2012 Ky. Acts ch. 55, sec. 1, effective July 12, 2012.
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