{"data":{"id":"us-ky/krs-247.238","jurisdiction":"us-ky","citation":"KRS 247.238","heading":"Aerial recreational facilities -- Administrative regulations --","body":"Administration fund.\n(1) As used in this section:\n(a) \"ACCT standard\" means the latest standards and specifications as set forth by\nthe Association for Challenge Course Technology;\n(b) 1. \"Aerial recreational device\" means a device that provides for a unit of\nhuman activity, including but not limited to devices to simulate rock\nclimbing, beams, bridges, cable traverses, climbing walls, nets,\nplatforms, ropes, swings, towers, zip lines, o r jump systems that are\ninstalled on or in trees, poles, portable structures, buildings, or that are\npart of a self-supporting structure.\n2. Unless designated by administrative regulation promulgated by the\nCommissioner, \"aerial recreational device\" does n ot include\nnonmechanical playground equipment, such as swings, seesaws, slides\nless than fifteen (15) feet in height at their highest point, rider -propelled\nmerry-go-rounds, stationary spring -mounted animal devices, and\nphysical fitness equipment.\n3. The C ommissioner may, by administrative regulation, designate other\ndevices that are not included in the definition of \"aerial recreational\ndevice\";\n(c) \"Aerial recreational facility\" means a commercial or educational facility,\nincluding those offering canopy tours or zip line tours, consisting of one (1) or\nmore aerial recreational devices;\n(d) \"ASTM standard\" shall have the same meaning as in KRS 247.232;\n(e) \"Canopy tour\" means a guided aerial exploration or transit of the forest\ncanopy, most commonly by mean s of a series of one (1) or more aerial\nrecreational devices; and\n(f) \"Zip line tour\" means a guided aerial exploration or transit of a landscape by\nmeans of a series of zip lines and platforms.\n(2) The department shall promulgate administrative regulation s, pursuant to KRS\nChapter 13A, necessary to establish requirements and standards recognized by the\ndepartment for the operation and regulation of aerial recreational devices, aerial\nrecreational facilities, canopy tours, and zip line tours in the state.\n(3) In establishing the requirements and standards for the operation and regulation of\naerial recreational facilities in the state, the department may:\n(a) Rely on applicable ACCT or ASTM standards or other accepted industry\nstandards; and\n(b) Provide for acceptance of third -party inspections and investigations of aerial\nrecreational facilities.\n(4) The department may assess reasonable fees for the administration of any aerial\nrecreational facility regulatory requirements.\n(5) The department shal l promulgate administrative regulations relating to aerial\nrecreational devices, aerial recreational facilities, canopy tours, and zip line tours\nthat establish a comprehensive set of administrative violations, administrative\nsanctions, and civil penalties not to exceed ten thousand dollars ($10,000).\n(6) (a) All administrative fees and proceeds from civil penalties collected by the\ndepartment under this section shall be deposited in the fund established in\nparagraph (b) of this subsection for the use of th e department in enforcing the\nprovisions of this section.\n(b) The aerial recreational facilities administration fund is hereby created as a\nseparate trust fund in the State Treasury. The aerial recreational facilities\nadministration fund shall consist of a mounts deposited in the fund under\nparagraph (a) of this subsection, as well as amounts received from\nappropriations and any other proceeds from gifts, grants, federal funds, or any\nother funds, both public and private, made available for the purposes of t his\nsection.\n(c) Notwithstanding KRS 45.229, aerial recreational facilities administration fund\namounts not expended at the close of a fiscal year shall not lapse but shall be\ncarried forward into the next fiscal year.\n(d) Any interest earnings of the aeri al recreational facilities administration fund\nshall become a part of the aerial recreational facilities administration fund and\nshall not lapse.\n(e) Moneys deposited in the fund are hereby appropriated for the purposes set\nforth in this section and shall not be appropriated or transferred by the General\nAssembly for any other purposes.","path":["KRS Chapter 247"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45017","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:52:57Z","sha256":"664a4a8094d8307b8fe09f2da622b66fbcc7f06ef529f96140483971920fac8a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-247.236","next":"us-ky/krs-247.240"},"notice":"GroundRules: Original legal text. Not legal advice."}