Current through Register Vol. 50, No. 9, March 1, 2024
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.
STATUTORY AUTHORITY:
KRS
194A.050,
211.180(2)