KRS 247.238: Aerial recreational facilities -- Administrative regulations --

Administration fund.

(1) 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, o r 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 n ot 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 C ommissioner 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 mean s 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.

(2) The department shall promulgate administrative regulation s, 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.

(3) 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.

(4) The department may assess reasonable fees for the administration of any aerial

recreational facility regulatory requirements.

(5) The department shal l promulgate administrative regulations relating to aerial

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).

(6) (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 th e 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 a mounts 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 t his

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 aeri al 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.