Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
194A.005(1), 194A.381-383,
217.005-217.215
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
secretary of the Cabinet for Health and Family Services to promulgate
administrative regulations necessary to operate the programs and fulfill the
responsibilities vested in the cabinet.
KRS
211.180(1)(c) requires the
cabinet to enforce administrative regulations promulgated for the regulation
and control of the sanitation of public and semipublic recreational areas. This
administrative regulation establishes uniform standards for youth camps
necessary to insure a safe and sanitary environment to protect the health and
safety of children attending camps in this state.
Section 1. Definitions.
(1) "Cabinet" is defined by
KRS
194A.005(1).
(2) "Camp" or "youth camp":
(a) Means an area, parcel, or tract of land,
under the control of a person on which facilities are established, maintained,
or operated for recreational, educational, or vacation purposes for five (5) or
more children to attend no longer than two (2) weeks, either free of charge or
for payment of a fee;
(b) Includes
a:
1. Day camp;
2. Primitive or outpost camp; or
3. Residential camp; and
(c) Does not include a:
1. Camp, campsite, or camping session
operated solely for family or adult camping;
2. Privately owned camp or campsite intended
for the sole use of the owner, their family, or invited guests;
3. Weekend or similar overnight troop or trip
camping activities conducted by an organized youth troop or association of less
than seventy-two (72) hours duration, and not a part of an established youth
camp operating session;
4. Facility
that is operated as an instructional studio or center that provides lessons or
other activities for school age children individually or collectively during
parents' working hours, before or after school, or during school vacation
periods;
5. A vacation bible
school, bible day school, or similar activity held in a church for school age
children individually or collectively during parents' working hours, before or
after school, or during school vacation periods; or
6. A wilderness camp licensed as a private
child caring facility pursuant to 922 KAR 1:460.
(3) "Camp director" means the
individual agent of the camp operator on the premises of any youth camp who has
the primary responsibility for the administration, operation, and supervision
of the camp and its staff.
(4)
"Camp operator" means the person that owns a youth camp, whether the camp is
operated for profit or not for profit.
(5) "Camper" means a child under eighteen
(18) years of age living apart from relatives, parents, or legal guardians,
while attending a youth camp.
(6)
"Day camp":
(a) Means a camp operated for all
or part of the day; and
(b) Does
not include:
1. Overnight lodging of campers;
or
2. A camp operating at a
facility under a different cabinet license or permit or that is already subject
to routine sanitation and safety inspection by the cabinet.
(7) "Disqualifying
offense" means, pursuant to
KRS
194A.380, a conviction of or a plea of guilty
to a:
(a) Criminal offense against a
minor;
(b) Sex crime; or
(c) Violent offense.
(8) "Permanent structure" means a building
and appurtenances owned or operated by the camp management for living, dining,
kitchen, sleeping, toilet, bathing, shelter, tool shed, storage, assembly,
infirmary, or stabling purposes, constructed to be immobile and
permanent.
(9) "Person" means an
individual, firm, partnership, company, corporation, organization, trustee,
association, or other public or private entity.
(10) "Primitive or outpost camp" means a
portion of the residential camp premises or other site under control of the
camp operator that is intended only for occasional use as an overnight tent
camping site and has no permanent structure or facility.
(11) "Residential camp" means a camp operated
on a permanent campsite with overnight lodging facilities.
(12) "Semipermanent structure" means a
building, tent, structure, or trailer, and appurtenances owned or operated by
the camp management for sleeping, living, dining, toilet, bathing, kitchen,
tool shed, storage, assembly, infirmary, or animal sheltering purposes, that is
constructed to be movable, easily disassembled, and not permanent in
nature.
Section 2.
Permits.
(1) A permit to operate a youth camp
issued pursuant to this administrative regulation shall not exempt a child-care
facility or program from the licensure required by 922 KAR Chapter 2.
(2) A person shall not operate a youth camp
within the Commonwealth of Kentucky without possession of a valid permit issued
by the cabinet.
(3) Only a person
who complies with the requirements of this administrative regulation shall be
entitled to receive and retain a permit.
(4) A permit shall not be transferable from
one (1) person to another person or place.
(5) The permit shall be posted or readily
available at every camp.
(6) Each
permit shall expire on the December 31 following its date of
issuance.
Section 3.
Application for a Permit.
(1) A person
desiring to operate a camp shall complete and submit form DFS-200, Application
for a Permit.
(2) A person desiring
to operate a day camp shall complete and submit form DFS-200, Application for a
Permit, and form DFS-340, Application and Permit to Operate Day Camp
Facilities.
(3) Upon receipt of an
application, the cabinet shall inspect the camp to determine compliance with
the provisions of this administrative regulation. If inspection discloses that
the applicable requirements of this administrative regulation have been met, a
permit shall be issued to the applicant by the cabinet.
Section 4. Camp Site. The camp site shall be
located on land that provides natural drainage. The area on which tents,
buildings, or structures are erected, and other areas frequently used for camp
activities, shall be drained and shall not be located in a swamp or similar
place in which mosquitoes can breed.
Section
5. Camp Facilities.
(1) All camp
structures used for human occupancy or assembly, and all electrical, heating,
ventilating, air conditioning, plumbing, and lighting systems in those
structures shall be designed and constructed pursuant to
815 KAR
7:120, Kentucky Building Code.
(2) All camp food preparation and service
facilities shall comply with the provisions of
KRS
217.005 - 217.215 and
902 KAR
45:005. If food for campers and staff is not prepared
by the camp, food shall be obtained from a commercial food service
establishment holding a valid permit from the cabinet.
(3) Floors, walls, ceilings, and attached or
freestanding appurtenances, fixtures, and equipment in all permanent and
semipermanent structures shall be kept clean and in good repair.
(4) All gas or oil burning heating and
cooking facilities used in any camp shall meet applicable state fire codes for
installation, operation, and maintenance, in accordance with
815 KAR
7:120.
(5)
All structures used as sleeping quarters shall have all outer openings screened
or protected to prevent the entry of insects and other vermin.
Section 6. Sleeping Facilities.
(1) A minimum of thirty (30) square feet of
floor space shall be provided for each camper in all structures used for
sleeping purposes.
(2)
(a) All structures used as sleeping quarters
shall be designed to provide a minimum of two (2) feet separation between beds,
cots, or sleeping bags on all sides.
(b) Beds, cots, or sleeping bags shall be
placed so that the heads of campers are at least six (6) feet apart.
(c) If double decked beds are used, there
shall be not less than twenty-seven (27) inches of separation between the lower
mattress and the bottom of the upper bed.
(3)
(a)
Mattresses shall be covered in materials that are water repellent, easily
cleanable, and meet the federal flammability standards in 16 C.F.R. Part 1632 ,
or shall be encased in a separate mattress cover that meets these
requirements.
(b) Each occupied bed
or cot shall be provided with one (1) sheet, one (1) pillow, one (1)
pillowcase, and one (1) blanket either by the camp or by the individual camper,
except that this requirement shall not apply if a camper provides his or her
own sleeping bag.
(4)
(a) All articles of bedding provided by the
camp shall be kept clean and in good repair.
(b) Linen shall be changed at least once
weekly and more often, if necessary, or if there is a new camper occupying the
bed or cot.
Section
7. Personal Hygiene Facilities.
(1) Each residential or day camp shall
provide personal hygiene facilities consisting of water closets and
hand-washing and shower facilities for each sex accommodated, pursuant to the
design, construction, and sanitary fixture requirements of the State Plumbing
Code, 815 KAR Chapter 20.
(2)
Personal hygiene facilities shall have natural and artificial lighting of at
least twenty (20) foot-candles.
(3)
Personal hygiene facilities shall be located no more than 500 feet from any
permanent structure used for human occupancy or assembly.
(4) Hot and cold or tempered water service
shall be provided to all lavatories and showers, and approved temperature
limited devices meeting State Plumbing Code requirements in 815 KAR Chapter 20
shall be used to prevent delivery of water at a temperature above 120 degrees
Fahrenheit.
(5) Lavatories or
hand-washing facilities shall be conveniently located to all toilet facilities.
Water, hand-cleansing soap, and approved sanitary towels or other approved
hand-drying device shall be provided at all lavatories and hand-washing
facilities.
(6) All personal
hygiene facilities shall be maintained in good repair and shall be kept clean
at all times.
(7) Adequate toilet
tissue shall be provided at each toilet facility.
(8) Flame retardant, easily cleanable refuse
containers shall be provided in all toilet facilities. Covered waste
receptacles shall be accessible in each toilet stall designed for
females.
(9) All windows used for
room ventilation shall be screened and outer openings protected in toilet and
personal hygiene facilities.
Section
8. Sewage and Waste Water Disposal.
(1) All sewage and waste water shall be
disposed of into a public sewer system if available.
(2) If a public sewer system is not
available, disposal shall be made into a private sewage disposal system
designed, constructed, and operated pursuant to the requirements of the cabinet
in
902 KAR
10:085 and the Energy and Environment Cabinet in KAR
Title 401;
(3) If a public sewer
system subsequently becomes available, connections shall be made to it and the
camp sewer system shall be discontinued upon failure of the private
system.
Section 9. Water
Supply System.
(1) The water supply shall be
potable, adequate, and from an approved public supply of a municipality or
water district if available.
(2) If
a public water supply of a municipality or water district is not available, the
supply for the camp shall be developed and approved pursuant to applicable
requirements of the Energy and Environment Cabinet in KAR Title 401;
(3) If a public water supply of a
municipality or water district subsequently becomes available, connections
shall be made to it and the camp supply shall be discontinued.
(4) Adequate drinking fountains meeting State
Plumbing Code requirements in 815 KAR Chapter 20 or portable drinking water
containers of an approved type shall be used within the camp. Common drinking
cups, glasses, and vessels shall be prohibited.
(5) If portable drinking water containers are
used, they shall be easily cleanable, kept securely closed and designed so that
water is withdrawn from the container only by water tap or faucet and shall be
maintained in a sanitary condition.
(6) All ice used shall be from an approved
source of water, in accordance with Title 401 KAR and
902 KAR
45:005, and shall be handled and stored in a manner to
prevent contamination. If ice is made on the premises of any camp, the
ice-making machine shall be of approved construction in accordance with
902 KAR
45:005, and the water shall be of the same
bacteriological quality as approved drinking water.
Section 10. Refuse Handling.
(1) The storage, collection, and disposal of
refuse shall be conducted to avoid a health hazard, rodent harborage, insect
breeding area, accident or fire hazard, or air pollution violation and shall
conform to all other requirements of the Energy and Environment Cabinet in KAR
Title 401.
(2) All refuse shall be
stored in flytight, watertight, rodent proof containers, and containers shall
be emptied and cleaned at a frequency necessary to prevent a
nuisance.
(3) Container storage
that has been approved by the local health department shall be provided and
shall be designed and maintained to avoid a nuisance.
(4) All refuse containing garbage shall be
collected at least once per week or more often if necessary.
Section 11. Maintenance of Animal
Facilities.
(1) Barns, stables, corrals or
other structures used to house animals shall be located at least 500 feet from
any sleeping, eating, or food preparation area. Tierails or hitching posts
shall not be located within 200 feet of a dining hall, kitchen, or other place
where food is prepared, cooked, or served.
(2) Barns, stables, and corrals shall be
located on a well-drained sloping area and situated to prevent contamination of
any water supply.
(3)
(a) Manure shall be removed from barns,
stalls, and corrals as often as necessary to prevent a fly problem. Fly
repellents or other precautions shall be used to prevent these shelters from
attracting flies or becoming a breeding place for flies.
(b) Manure disposal shall be handled in a
manner that does not create a nuisance or contaminate surface or
groundwater.
Section
12. Swimming Facilities and Recreational Water Activities.
(1) A public swimming and bathing facility
shall comply with
902 KAR
10:120.
(2) All small craft and boating activities
shall be conducted in compliance with requirements of the Tourism, Arts, and
Heritage Cabinet, pursuant to 301 KAR Chapter 6.
(3) All swimming and small craft and boating
activities shall be under the supervision of a person holding a current
American Red Cross Lifeguard Certification or its equivalent at all
times.
Section 13.
Insect, Rodent and Pest Control.
(1) Grounds,
buildings, and structures shall be maintained free of insect and rodent
harborage and infestations. Extermination methods and other measures to control
insects and rodents shall be pursuant to KAR Title 302.
(2) Camps shall be maintained free of
accumulations of debris that can provide rodent harborage or breeding places
for other pests.
(3) Storage areas
shall be maintained to prevent rodent harborage. Lumber, pipe, and other
building materials shall be stored at least one (1) foot above the
ground.
Section 14. Camp
Director, Records and Reports, Medical Supervision, and First Aid.
(1) The camp operator shall assure that a
camp director or an authorized agent is available within the camp boundaries at
all times while the camp is in operation.
(2)
(a)
Pursuant to
KRS
194A.382, the camp operator shall require a
prospective employee, contractor, or volunteer to complete the form DPP-156
pursuant to 922 KAR 1:470, Section 3.
(b) The prospective employee, contractor, or
volunteer shall submit a letter to the camp operator from the cabinet stating
that a background check of child abuse and neglect records maintained by the
cabinet has not revealed any findings of substantiated child abuse or neglect
prior to the individual's presence at the camp or involvement in any program of
the camp. The applicant, contractor, or volunteer shall submit to the camp
operator a letter from the cabinet stating that the individual has no findings
of substantiated child abuse or neglect found through a background check of
child abuse and neglect records maintained by the cabinet prior to the
individual's presence at the camp or involvement in any program of the
camp.
(3) The
requirements of subsection (2) of this section shall be deemed to have been met
if the prospective employee, contractor, or volunteer provides to the camp
operator documentation of a:
(a) Background
check performed pursuant to 922 KAR 2:280 finding no disqualifying offense;
or
(b) A state and national
criminal background check finding no disqualifying offense.
(4) The documentation required by
subsection (2) or (3) of this section shall be kept on camp premises and made
available for examination upon request of the cabinet.
(5) Records or personal data, including a
medical history, shall be kept on each person attending a camp. Minimum records
shall include:
(a) The name, date of birth,
and address of each person in the camp;
(b) The name, address, and telephone number
of parents or guardians; and
(c)
The medical history and dates of hospital admission and discharge, if
applicable, of each camper.
(6) Residential camps shall have facilities
for isolation of persons suspected of having a communicable disease. Other
camps shall provide for the immediate isolation of campers suspected of having
a communicable disease.
(7)
Adequate first aid supplies and equipment as designated by the available or on
call physician, required by subsection (9) of this section, shall be located
within the camp. An American Red Cross certificate required by paragraph (a) or
(b) of this subsection shall be kept on camp premises and made available for
examination upon request of the cabinet.
(a)
Residential camps shall have a person holding an American Red Cross Standard
First Aid and Personal Safety Certificate or its equivalent on site twenty-four
(24) hours a day while the camp is in session.
(b) All other camps shall have a person
holding, as a minimum, a first aid course certificate from the American Red
Cross or its equivalent on site while camp is in session.
(8) All prescription drugs shall be kept in a
locked cabinet or container with the exception of medications for which a
patient has documentation from a licensed health care provider that states:
(a) The purpose of the medication;
(b) How the medication is to be administered;
and
(c) That the medication may be
retained by the patient for immediate use.
(9) A nearby physician or emergency room
shall be available or on call for medical emergencies, and the camp shall have
access to a telephone with emergency telephone numbers posted. Transportation
shall be available at all times for any emergencies.
(10) All serious illnesses and accidents
resulting in death or injury, other than minor injuries that require only first
aid treatment and that do not involve medical treatment, shall be reported to
the cabinet by the next business day on form DFS-309, Kentucky Youth Camp
Accident/Illness Report.
Section
15. Safety and Accident Prevention.
(1) All camps shall comply with
KRS
227.200 to
227.400
and applicable local fire codes pertaining to fire safety, fuel supply, and
fuel connections.
(2) In every camp
with an electrical system, the wiring, fixtures, and equipment shall be
installed and maintained pursuant to applicable local codes and
815 KAR
7:120.
(3)
Protection from natural hazards.
(a) Potential
hazards occurring naturally in the environment within the boundaries of the
camp shall be plainly marked, and measures and procedures shall be followed to
insure the safety of the campers.
(b) Poison plants, such as poison sumac and
poison ivy, shall be subject to control and elimination from areas where their
presence is hazardous to campers.
(4) Elimination of artificial hazards.
(a) All buildings, grounds, and equipment
shall be maintained in a manner to eliminate or minimize the danger from holes,
glass, splinters, sharp projections, and other hazardous conditions to protect
the safety of all persons residing in or using the facilities at the camp
site.
(b) All insecticides,
pesticides, and chemical poisons shall be plainly labeled and stored in a
locked and secured place.
(c)
Gasoline and other highly flammable fluids shall be plainly marked and stored
in a locked container or building not occupied by residents of the camp and at
a safe distance from sleeping quarters or buildings where people
congregate.
Section
16. Plan Review for Future Construction.
(1) Any person contemplating construction,
alteration, addition to, or change in the construction of any permanent camp
shall, prior to the initiation of any construction, submit plans in triplicate,
through the local health department concerned, of any proposed camp, additions,
alterations, or change in construction.
(2) The plans shall show:
(a) The name and address of the owner or
operator of the camp;
(b) The area
and dimension of the site;
(c) The
property lines;
(d) A separate
floor plan of all buildings and other improvements constructed or to be
constructed, including:
1. Location and number
of personal hygiene facilities; and
2. A plumbing riser diagram.
(e) Detailed drawings of sewage
disposal facilities, including written specifications;
(f) Detailed drawings of water supply if the
source is not public; and
(g) The
location and size of water and sewer lines within the camp.
(3) If central food preparation
and food service buildings are to be provided, plans and specifications shall
be submitted showing the kitchen floor plan, layout, and type of equipment,
storage area, restrooms, and dining area pursuant to
902 KAR
45:005.
(4) If artificially constructed swimming
pools or beaches are planned, the plans and specifications shall be submitted
to the cabinet for review and approval prior to construction pursuant to
902 KAR
10:120.
Section 17. Inspection of Camp.
(1) Each camping season, the cabinet shall
inspect each camp at least once prior to the opening of the camp and at least
once while the camp is in actual operation. The cabinet shall make as many
additional inspections and reinspections as are necessary for the enforcement
of this administrative regulation.
(2) If an agent of the cabinet makes an
inspection of a camp, findings shall be recorded on an official cabinet
inspection report form, DFS-308, Youth Camp Inspection Report, and a copy
provided to the permit holder or operator. The inspection report shall:
(a) Set forth any violation found;
(b) Establish a specific and reasonable
period of time for the correction of any violation found; and
(c) State that failure to comply with a
notice issued pursuant to the provisions of this administrative regulation can
result in suspension or revocation of the permit.
Section 18. Suspension of Permit.
(1) If the cabinet has reason to believe that
an imminent public health hazard exists, or if the permit holder has interfered
with the authorized agents of the cabinet in the performance of their duties,
the permit shall be suspended immediately upon notice to the permit holder
prior to holding a hearing on form DFS-212, Request for Hearing. The permit
holder may request a hearing, which shall be granted as soon as
practicable.
(2) Failure to comply
with the criminal background check and employment requirements established in
KRS
194A.382 shall result in penalties pursuant
to
KRS
194A.383.
(3)
(a) In
all other instances of violation of the provisions of this administrative
regulation, the cabinet shall serve upon the holder of the permit a written
notice specifying the violation in question and afford the holder a reasonable
opportunity to correct it.
(b) If a
permit holder or operator has failed to comply with written notice issued under
the provisions of this administrative regulation, the permit holder or operator
shall be notified in writing that the permit shall be suspended at the end of
five (5) business days following service of the notice, unless a written
request for a conference is submitted to the cabinet by the permit holder
within the five (5) business day period.
(4) All administrative conferences shall be
conducted in accordance with
902 KAR
1:400.
Section 19. Reinstatement of Suspended
Permits.
(1) A person whose permit has been
suspended may apply for reinspection on form DFS-215, Application for
Reinstatement of Suspended Permits for the purpose of reinstatement of the
permit.
(2) Within five (5)
business days following receipt of the written request, including a statement
signed by the applicant that in his or her opinion the conditions causing the
suspension of the permit have been corrected, the cabinet shall make a
reinspection.
(3) If the applicant
is found to be in compliance with the requirements of this administrative
regulation, the permit shall be reinstated.
Section 20. Revocation of Permits.
(1) For repeated violations of any of the
requirements of this administrative regulation, the permit may be permanently
revoked after an opportunity for a conference has been provided in accordance
with
902 KAR
1:400.
(2)
Prior to permanent revocation, the cabinet shall notify the permit holder in
writing, stating the reasons for which the permit is subject to revocation and
advising that the permit shall be permanently revoked at the end of ten (10)
business days following service of the notice, unless a request for a
conference is filed with the cabinet by the permit holder, in accordance with
902 KAR
1:400 within the ten (10) business day
period.
Section 21.
Incorporation by Reference.
(1) The following
material is incorporated by reference:
(a)
"DFS-200, Application for a Permit", 6/2018;
(b) "DFS-308, Youth Camp Inspection Report",
6/2018;
(c) "DFS-309, Kentucky
Youth Camp Accident/Illness Report", 3/2018; and
(d) "DFS-340, Application and Permit to
Operate Day Camp Facilities", 3/2018.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for Public
Health, 275 East Main Street, Frankfort Kentucky 40621, Monday through Friday,
8 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
211.090(3),
211.180(1)(c)