Statutes, codes, and regulations
Kentucky Administrative Regulations
Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH
Chapter 10 - Sanitation
Section 902 KAR 10:121 - Plan review, annual permitting, and inspection fees for public swimming and bathing facilities, including splash pads operated by local governments

902 Ky. Admin. Regs. 10:121

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Current through Register Vol. 51, No. 6, December 1, 2024
Section 902 KAR 10:121 - Plan review, annual permitting, and inspection fees for public swimming and bathing facilities, including splash pads operated by local governments

RELATES TO: KRS 211.185, 211.990(2)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050 and 211.180(2) authorize the Secretary of the Cabinet for Health and Family Services to adopt a schedule of reasonable fees covering the costs for permitting and inspection of efforts regarding compliance with program standards administered by the cabinet. The fees shall be the total of the operational and administrative costs of the programs to the cabinet and to agencies as defined in KRS 211.185. This administrative regulation establishes a schedule of fees for the cost of annual permitting and inspections of public swimming and bathing facilities, construction plan review, and construction inspection.

Section 1. Fees for Inspections.
(1) A fee shall be required for inspections conductedby the cabinet or the local health department to determine compliance with:
(a)902 KAR 10:120 for public swimming and bathing facilities; and
(b)902 KAR 10:190 for splash pads operated by local governments.
(2) For public swimming and bathing facilities the annual inspection fee shall be:
(a) Assessed according to the total square footage of the water surface area;
(b) Calculated as established in this paragraph:
1. 1,000 square feet or less, the fee shall be ninety (90) dollars;
2. 1,001 to 1,500 square feet, the fee shall be $150;
3. 1,501 to 2,000 square feet, the fee shall be $200; and
4. 2,001 and above, the fee shall be $200 plus fifty (50) dollars for each additional 500 square feet of water surface area; and
(c) Include seventy-five (75) dollars for interactive water features.
(3) For all beaches, the annual inspection fee shall be:
(a) Assessed according to the linear footage of beach front;
(b) Calculated as established in this paragraph:
1. 149 or less linear feet, the fee shall be ninety (90) dollars;
2. 150 to 200 linear feet, the fee shall be $175; and
3. 201 and above, the fee shall be $175 plus fifty (50) dollars for each additional fifty (50) linear feet; and
(c) Include seventy-five (75) dollars for interactive or inflatable water features.
(4) For splash pads the annual inspection fee shall be $250 per year.
(5) For spas and hot tubs, the annual inspection fee shall be $150 per year.
(6) The inspection fee required by this section shall be:
(a) Paid to the local health department having jurisdiction by check or money order made payable to the Kentucky State Treasurer;
(b) Deposited in the environmental fee account; and
(c) Sent to the Department for Public Health for deposit with the Kentucky State Treasury.
Section 2. Plan Review and Construction Inspection.
(1) A fee shall be required for all plan reviews and construction inspections by the cabinet or the local health department to determine compliance with:
(a)902 KAR 10:120 for public swimming and bathing facilities; and
(b)902 KAR 10:190 for splash pads operated by local governments.
(2) The fee for plan review shall be calculated as follows:
(a) Swimming and bathing facility plan review for gutter pools, the fee shall be $315.
(b) Swimming and bathing facility plan review for skimmer pools, the fee shall be $157.50.
(c) Swimming and bathing facility plan review for minor reconstruction, the fee shall be $105.
(3) The fee required by subsection (2) of this section shall include seventy-five (75) dollars for interactive water features.
(4) The fee for swimming and bathing facility construction inspection shall be calculated as follows:
(a) Pre-renovation evaluation, the fee shall be $210.
(b) Rough-in construction inspection, the fee shall be $105.
(c) Final construction inspection, the fee shall be $157.50.
(5) The plan review and construction inspection fees required by this section shall be paid to the Kentucky Department for Public Health by check or money order made payable to the Kentucky State Treasurer.
Section 3. Annual Permit Fee.
(1) An annual permit fee of $100 for all public swimming and bathing facilities, including beaches, and splash pads operated by local governments shall be:
(a) Paid no later than May 1 each year; and
(b) Paid to the Kentucky Department for Public Health by check or money order made payable to the Kentucky State Treasurer.
(2) A late payment fee of fifty (50) dollars shall be assessed on all annual permits not received by May 1 each year.

902 KAR 10:121

14 Ky.R. 2139; eff. 6-22-1988; 16 Ky.R. 2783; eff. 7-18-1990; 19 Ky.R. 300; eff. 8-28-1992; 27 Ky.R. 1918; 2471; eff. 3-6-2001; Crt eff. 10-2-2019; TAm eff. 3-20-2020; 49 Ky.R. 1396, 2263, 2756; eff. 7/20/2022.

STATUTORY AUTHORITY: KRS 194A.050, 211.180(2)