reglab/statecodes huggingface dataset:
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 6 - Water Patrol › Section 301 KAR 6:010 - Vessel numbering and registration

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				235.040,
				235.050,
				235.100,
				235.110,
				235.120,
				235.140,
				235.150,
				235.210
NECESSITY, FUNCTION, AND CONFORMITY: To prescribe a uniform
				numbering system, the uniform placement of numbers and validation decals on
				vessels, and procedures to be followed by agencies exempt from registration.
				This administrative regulation contains the substance of 402 KAR 4:020, 402 KAR
				4:030, and 402 KAR 4:035. The transfer of the Division of Water Patrol to the
				Department of Fish and Wildlife Resources necessitates that existing
				administrative regulations be repealed by the Department of Natural Resources
				and repromulgated by the Department of Fish and Wildlife Resources. Changes in
				format and wording were made to reflect the current requirements of KRS Chapter
				13A.
Section 1. Vessel Numbering.
(1) Except as provided in subsection (2) of
			 this section, the identification numbers assigned to Kentucky registered
			 motorboats shall consist of three (3) letter and number groupings as follows:
(a) The first grouping shall consist of the
			 letters "KY".
(b) The second
			 grouping shall consist of not more than four (4) Arabic numbers.
(c) The third grouping shall consist of not
			 more than two (2) letters.
(d) The
			 letters "I", "O", and "Q" shall not be used.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 6 - Water Patrol › Section 301 KAR 6:020 - Boating safety equipment

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				235.205,
				33 C.F.R.
				83,
				46 C.F.R.
				25
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				235.280 requires the Department of Fish and
				Wildlife Resources to promulgate administrative regulations to govern the fair,
				reasonable, equitable, and safe use of all waters of Kentucky and to carry out
				the purposes of KRS Chapter 235.
				KRS
				235.200 authorizes the department to
				promulgate administrative regulations relating to safety equipment for vessels.
				This administrative regulation establishes the requirements for legal boating
				safety equipment in Kentucky.
Section
			 1. Engine Safety Equipment Requirements.
(1) Except as provided in subsection (2) of
			 this section, a person shall not operate a vessel with an enclosed engine
			 without effective U.S. Coast Guard-approved flame arresters on carburetors
			 pursuant to 46 C.F.R.
			 25.
(2) A person may operate the following
			 without flame arresters:
(a) An outboard
			 engine; or
(b) A vessel with an
			 engine completely open by design and not originally equipped with Underwriters
			 Laboratory or U.S. Coast Guard-approved flame arresters pursuant to
			 46 C.F.R.
			 25.
(3) A person shall not operate a vessel
			 without adequate ventilation of bilges, engine compartments, fuel compartments
			 or other enclosures.
(4) A person
			 shall not operate a vessel originally equipped with a carburetor drip pan
			 without the drip pan in place and maintained in a functioning
			 condition.
(5) A person shall not
			 operate vessels whose bilges are not maintained free from oil or
			 grease.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 6 - Water Patrol › Section 301 KAR 6:030 - Waterway safety requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				235.240,
				235.250,
				235.290
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				235.280 and
				235.320 authorize the
				department to promulgate administrative regulations governing the fair,
				reasonable, equitable and safe use of all waters of Kentucky. This
				administrative regulation prohibits certain unsafe practices on the waterways
				of the Commonwealth.
Section 1.
			 Accident Reporting.
(1) The operator of a
			 vessel required by
			 KRS
			 235.250(2) to file an
			 accident report shall file the report within five (5) days, except that an
			 accident involving death or serious injury shall be filed within forty-eight
			 (48) hours.
(2) An accident report
			 shall contain the following information:
(a)
			 The registration numbers or names of the vessels involved;
(b) The location of the accident;
(c) The weather and water
			 conditions;
(d) The name, address,
			 age and boating experience of the operator of the reporting vessel;
(e) The name and address of the operator of
			 other vessels involved;
(f) The
			 names and addresses of persons killed or injured,
(g) The nature and extent of
			 injuries;
(h) A description of the
			 damage to property and an estimated cost of repairs;
(i) A description of the accident, including
			 opinions as to the cause;
(j) The
			 length, means of propulsion, horsepower, fuel and construction of the reporting
			 vessel; and
(k) The names and
			 addresses of known witnesses.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 6 - Water Patrol › Section 301 KAR 6:040 - Zoning or marking of waterways

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				235.285,
				235.310,
				235.315,
				33, 33 C.F.R. Part 329
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				235.280 authorizes the department to
				promulgate administrative regulations to govern the fair, reasonable,
				equitable, and safe use of Kentucky waters. This administrative regulation
				establishes the methods used to mark waterways in conformity with 33 C.F.R. 1,
				subpart 66.10 and restricts certain boating activities on some Kentucky
				waters.
Section 1. Definitions.
(1) "Navigable waters" means a navigable
			 waterway as defined by 33 C.F.R. Part 329 .
(2) "Non-navigable" means all waters not
			 defined by subsection 1 of this section.
(3) "Recreational vessel" means a vessel that
			 is not documented as commercial by the U.S. Coast Guard.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 6 - Water Patrol › Section 301 KAR 6:060 - Safe boating certification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				235.285(7)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				235.280 authorizes the department to
				promulgate administrative regulations to establish procedures for the
				reasonable, safe and equitable use of all waters of Kentucky.
				KRS
				235.285(7) requires that a
				person twelve (12) through seventeen (17) years of age operating a personal
				watercraft or motorboat over ten (10) horsepower possess a safe boating
				certificate. This administrative regulation establishes the procedures for
				acquiring a safe boating certificate.
Section
			 1. Safe Boating Certificate Card.
(1) To obtain a safe boating certificate
			 card, a person shall answer correctly at least eighty (80) percent of the
			 questions on the Kentucky Certification Exam.
(2) There shall be a five (5) dollar
			 replacement fee for safe boating certification cards.
(3) A person may waive the examination
			 requirements of subsection (1) of this section if he or she submits to the
			 department certification showing that he or she has completed a National
			 Association of State Boating Law Administrators approved course.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 6 - Water Patrol › Section 301 KAR 6:070 - Boat dealers

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				235.040,
				235.220
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				235.220 authorizes the department to
				establish an annual registration fee for a manufacturers or dealer of
				motorboats in the state of Kentucky. This administrative regulation establishes
				the annual registration fee for boat manufacturers and dealers and establishes
				the requirements for registering as a boat manufacturer and boat dealer.
Section 1. Definitions.
(1) "Boat dealer" means a person who is in
			 the business of selling motorboats in Kentucky, other than a personal
			 boat.
(2) "Boat manufacturer" means
			 a person who is in the business of manufacturing boats in Kentucky.
(3) "Dealer or manufacturer certificate"
			 means the certificate issued to a boat manufacturer or boat dealer that bears
			 an identification number assigned by the department signifying registration as
			 a boat manufacture or a boat dealer.
(4) "Plate" means a moveable identification
			 tag bearing a number assigned by the department signifying registration as a
			 boat manufacture or a boat dealer.
Kentucky Administrative Regulations › Title 301 - TOURISM, ARTS AND HERITAGE CABINET - DEPARTMENT OF FISH AND WILDLIFE RESOURCES › Chapter 11 - Administrative › Section 301 KAR 11:020 - Procurement of architectural and engineering services

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 45A, Chapter 150
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				150.025(1)(h) authorizes the
				Kentucky Department of Fish and Wildlife to promulgate administrative
				regulations reasonably necessary to implement or carry out the purposes of KRS
				Chapter 150. KRS
				150.0242 authorizes the department to
				promulgate administrative regulations relating to procurements necessary for
				the performance of its duties in accordance with the procurement procedures
				outlined in KRS Chapter 45A, Chapter 150, and administrative regulations
				promulgated under KRS Chapter 150.
				KRS
				150.0242 requires the department to
				promulgate administrative regulations pursuant to KRS Chapter 13A to implement
				its procedures for the procurement of engineering services pursuant to
				KRS
				150.0242 and
				45A.800 to
				45A.838. This administrative
				regulation establishes requirements relating to the procurement of
				architectural and engineering services.
Section
			 1. Solicitations. A solicitation for architectural or engineering
			 services shall comply with the provisions of
			 KRS
			 45A.825 and include the following evaluation
			 factors:
(1) Experience and ability:
(a) Experience of key personnel that will be
			 assigned to the project, including principal in charge, project manager, other
			 key professional and technical staff.
(b) Previous projects completed by the firm
			 similar to the proposed project.
(c) Types of projects on which the firm or
			 key personnel have been the prime design professional or provided significant
			 professional design services.
(d)
			 Qualifications of the proposed project team.
(e) Volume of design work in the last two (2)
			 years.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 2 - General - Department of Agriculture › Section 302 KAR 2:010 - Access to public records of the Kentucky Department of Agriculture

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 61.870 - 61.884
NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.876(1) requires
				that each public agency shall promulgate administrative regulations to provide
				full access to public records, to protect public records from damage and
				disorganization, to prevent excess disruption of its essential functions, to
				provide assistance and information upon request, and to ensure efficient and
				timely action in response to application for inspection of public records. This
				administrative regulation establishes provisions for public access to
				department records.
Section 1. The
			 principal office location for the Kentucky Department of Agriculture is 105
			 Corporate Drive, Frankfort, Kentucky 40601. Regular office hours are 8 a.m. to
			 4:30 p.m., Monday through Friday, prevailing time in Frankfort,
			 Kentucky.
Section 2. The title of
			 the official custodian of the records of the Kentucky Department of Agriculture
			 shall be the Commissioner of Agriculture, whose address is 105 Corporate Drive,
			 Frankfort, Kentucky 40601 and phone number 502-573-0282. The email address for
			 the official custodian of records is ag.web@ky.gov.
Section 3. The procedure to be followed in
			 requesting copies of public records shall be as established in subsections (1)
			 through (3) of this section.
(1) Requests for
			 copies of public records shall be made in writing, describing in reasonably
			 sufficient detail the records to be inspected using Request to Inspect Public
			 Records, form OAG-01.
(2) Copies of
			 public records shall be ten (10) cents for each photocopy or page produced and
			 sent electronically.
(3) Fees shall
			 be paid prior to mailing or emailing the results of the request.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 10 - Egg Marketing › Section 302 KAR 10:015 - Egg grading and classification

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				260.620
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.620 requires the department to establish
				standards governing eggs offered for sale as graded eggs. This administrative
				regulation establishes the specifications for the Kentucky consumer grades for
				shell eggs offered for sale in Kentucky.
Section
			 1. Shell eggs that are offered for sale in Kentucky:
(1) As graded eggs shall meet or exceed the
			 U.S. standards, grades, and weight classes for shell eggs as listed in the
			 United States Department of Agriculture, USDA Egg Grading Manual;
(2) As ungraded eggs shall meet the
			 requirements as provided in Section 2 of this administrative regulation;
			 or
(3) Shall be used as nest run
			 eggs that are sent directly to a processor.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 10 - Egg Marketing › Section 302 KAR 10:100 - Refrigeration of eggs and temperature requirements

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				260.620
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.620 requires the department to establish
				standards governing eggs offered for sale as graded eggs. This administrative
				regulation establishes the requirements relating to the refrigeration of eggs,
				including temperature, transportation, and labeling requirements.
Section 1. The refrigeration and temperature
			 requirements in the standards of quality for shell eggs shall be governed by
			 the following specifications:
(1) To prevent
			 undue deterioration, a shell egg packed in a container for the purpose of
			 resale to a consumer shall be stored and transported under refrigeration at an
			 ambient temperature of forty-five (45) degrees Fahrenheit or seven and
			 two-tenths (7.2) degrees Centigrade or less.
(2) Eggs, which are shipped across the state
			 line into Kentucky, shall be transported under refrigerated conditions at the
			 temperature as required by subsection (1) of this section.
(3) A shell egg that is packed into a
			 container for the purpose of resale to a consumer shall be labeled with the
			 following statement: "Keep refrigerated at or below forty-five (45) degrees
			 Fahrenheit".
(4)
(a) A person who takes possession of an egg
			 in this state shall be liable for compliance with subsections (1) and (2) of
			 this section.
(b) Upon receiving an
			 egg, a person shall ensure that his or her supplier complies with the labeling
			 requirements established in
			 KRS
			 260.630.
(5) An egg that does not meet the
			 refrigeration requirements either in transit, storage or display shall be
			 seized or ordered destroyed by a Department of Agriculture inspector.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 10 - Egg Marketing › Section 302 KAR 10:110 - Egg lot consolidation

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				260.610
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				260.610(4) authorizes the
				Commissioner of the Department of Agriculture to promulgate administrative
				regulations governing the requirements for lot consolidation registration and
				to assess a fee to defray the costs of the registration program. This
				administrative regulation establishes the materials required to be provided in
				an approved training course, completion of which will allow a registered
				consolida-tor or a person under the consolidator's supervision, to consolidate
				egg lots.
Section 1. Registration.
(1) Training. A person may become registered
			 to consolidate egg lots after having attended a training course approved by the
			 department. Proof of attendance shall be submitted with the Egg Lot
			 Consolidation Registration Form, Application for Registered Lot
			 Consolidator.
(2) Registration
			 Periods. The Egg Lot Consolidation Registration shall be valid for a period of
			 two (2) years starting July 1 of the initial fiscal year of application and
			 terminating June 30 of the second year. Registration forms submitted any time
			 after July 1 of any year and prior to June 30 of any year shall be deemed to
			 have been active for one (1) year at the next July 1st calendar year.
(3) Fee. The fee for the Egg Lot
			 Consolidation Registration shall be twenty (20) dollars for the two (2) year
			 registration period. The fee shall be included with the Egg Lot Consolidation
			 Registration form when the form is submitted to the department. The form and
			 fee shall be sent to the address listed on the form.
(4) Relation to Egg License. Registration
			 shall be independent of any other license, and shall follow the
			 individual.
(5) Registration
			 refusal, revocation, or suspension shall follow the rules set forth in
			 302
			 KAR 10:040.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 15 - Fairs and Shows › Section 302 KAR 15:010 - Administration; state aid to local fairs

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.220
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.220(2) authorizes the
				Fair Council and the Commissioner of Agriculture to promulgate administrative
				regulations regarding grants for local fair facilities. This administrative
				regulation establishes requirements for administration of and participation in
				the local fairs program.
Section 1.
			 General Administration.
(1) The County Fair
			 Coordinator of the Shows and Fairs Division in the Department of Agriculture
			 shall only make premium allocations to the authorized agent of an incorporated
			 local fair board that conducts a qualified local agricultural fair in
			 compliance with
			 KRS
			 247.220.
(2) Fair officials for local fair boards
			 applying for state funds shall make a reasonable effort to develop a program
			 that shall supplement agricultural educational and promotional
			 activities.
(3) Local fair boards
			 seeking state assistance shall plan and conduct a qualified local agricultural
			 fair with educational exhibits running for at least three (3) consecutive days
			 (thirty-six (36) hours of exhibition). All fair events shall be held on
			 consecutive days, except a fair may:
(a) Be
			 closed on Sundays; and
(b) Conduct
			 certain events, such as harness horse racing, on separate dates if:
1. The local board files a request to conduct
			 the event with the Shows and Fairs Division;
2. The request is considered by the Kentucky
			 Fair Council at the next regular meeting and thereafter transmitted to the
			 Commissioner of Agriculture for the Commissioner's approval or rejection of the
			 local board's request; and
3. The
			 Commissioner of Agriculture approves the request based on the
			 application.
(4) A local fair board shall establish
			 classes and premiums related to the economic importance of the commodity in the
			 area, the relative value of the exhibit, and the difficulty in preparing for
			 and showing the entry.
(5) Ribbon
			 colors at each local fair shall be:
(a) Blue
			 for first place;
(b) Red for
			 second; and
(c) White for
			 third.
(6) A local fair
			 board seeking state funds shall comply with local and state health regulations
			 for exhibitors tending exhibits and for fair attendants.
(7) A fair event held at a location other
			 than the fairgrounds shall qualify for aid if publicized in the fair's catalog
			 as being a fair event.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:010 - Business registration and permit for amusement rides or attractions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.234
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.234(2) and (6) require
				the Department of Agriculture to promulgate administrative regulations for the
				process for registering a business and applying for an amusement ride or
				attraction permit. This administrative regulation establishes the criteria for
				registering a business and obtaining a permit to operate an amusement ride or
				attraction.
Section 1. Definition.
			 "Permit" means a number identifying the specific ride or attraction to which it
			 is assigned.
Section 2. A permit
			 shall be required to operate each applicable amusement ride or amusement
			 attraction in this state, and shall be valid for the remainder of the calendar
			 year from the date of issuance. A permit shall not be transferred or
			 assigned.
Section 3. Procedure for
			 Registering a Business. Every owner of an amusement ride or attraction seeking
			 to operate in Kentucky shall submit:
(1) An
			 Amusement Ride and Attraction Business Registration Form; and
(2) A Business Registration Fee of fifty (50)
			 dollars.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:020 - Inspection and operation of amusement rides or amusement attractions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.232,
				247.234,
				247.236(3)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.234(3)(e) requires the
				department to promulgate administrative regulations establishing initial safety
				inspection fees and safety requirements for amusement rides or attractions.
				KRS
				247.236(3) requires the
				department to promulgate an administrative regulation establishing the
				requirements for the construction of safety barriers around an amusement ride
				or attraction. This administrative regulation establishes safety guidelines for
				the operation and inspection of amusement rides or attractions and establishes
				the initial safety inspection fees.
Section
			 1. Definitions.
(1) "Air
			 inflatable device" means an object that is filled with air that is supplied
			 continuously by an electric motor-driven blower.
(2) "Dark ride" means an amusement ride or
			 amusement attraction enclosed and with the lights turned off during the
			 duration of the ride, and is a nonmechanized self-propelled
			 amusement.
(3) "Go-cart facility"
			 means an amusement ride or amusement attraction that carries a rider on a fixed
			 path and includes the vehicle that travels the fixed path.
(4) "Inspection fee" means a fee required to
			 be paid to operate any amusement ride or amusement attraction in
			 Kentucky.
(5) "Kiddie ride" means
			 an amusement ride or amusement attraction that has a height requirement of
			 forty-two (42) inches or less to ride.
(6) "Major ride" means any ride that:
(a) Has height requirement of forty-three
			 (43) inches or greater to ride; and
(b) Does not have a specific fee established
			 for it in Section 2 of this administrative regulation.
(7) "Play port" means an object designed for
			 use by children on which a child can swing, walk, climb, or slide, and that
			 follows a fixed path.
(8) "Steel
			 roller coaster" means roller coaster of which the track portion is constructed
			 of steel or other metal material.
(9) "Walk through" means a fun house or glass
			 house that is nonmechanized and self-propelled.
(10) "Water ride" means an amusement ride or
			 amusement attraction that uses water as a means of propulsion and includes
			 bumper boats and water park slides that are in excess of fifteen (15) feet at
			 the highest point of the slide.
(11) "Wooden roller coaster" means a roller
			 coaster of which the track portion is constructed of wood material.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:030 - Determination of administrative or safety violations which cannot be corrected immediately; section stop order

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.232,
				247.234,
				247.236
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.234 authorizes the Department of
				Agriculture to provide for inspections for amusement rides or attractions. This
				administrative regulation establishes procedures to determine violations which
				cannot be immediately corrected.
Section
			 1. Definition. "Immediately correctable violation" means a
			 violation that can be corrected on the day of an inspection.
Section 2. The department's inspector shall
			 determine the nature and severity of violations and shall determine if the
			 violations are not immediately correctable based on the manufacturer's
			 standards, KRS
			 247.232 through
			 247.236, and
			 302 KAR 16:010 through
			 302 KAR 16:140.
Section 3. A violation issued for operation
			 of an amusement ride or amusement attraction without a valid permit shall be
			 considered a violation that is not immediately correctable.
Section 4. A safety inspector may order
			 closed a unit or section of a ride that fails to comply with safety or
			 operational guidelines, if closure of that section of the ride does not affect
			 the remaining units or sections of the ride, by placing upon that unit or
			 section of the ride a section stop order. The owner shall notify the department
			 when the unit or section of the ride has been repaired to provide the
			 department with information in support of a section stop order
			 removal.
STATUTORY AUTHORITY:
				  KRS
				  247.234,
				  247.236
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:040 - Correction of safety violations and right to re-inspection

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.232,
				247.234,
				247.236
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.234 authorizes the Commissioner of the
				Department of Agriculture to promulgate administrative regulations for safety
				inspections for amusement rides or attractions. This administrative regulation
				establishes procedures for the correction of safety violations by amusement
				rides or attractions.
Section 1. If a
			 department safety inspector finds an amusement ride or attraction does not
			 comply with
			 KRS
			 247.232 to
			 247.236,
			 302
			 KAR 16:010 through
			 302
			 KAR 16:140, or manufacturer standard, the inspector
			 shall issue a stop operation order prohibiting the operation of the amusement
			 ride or attraction, or any part thereof, found to be in violation.
(1) The stop operation order shall be removed
			 from the amusement ride, amusement attraction, or structure only if the
			 violation has been corrected and then only by a department safety
			 inspector.
(2) A stop operation
			 order shall not be issued for any violation found to be correctable as
			 established in
			 302
			 KAR 16:030.
(3) Any amusement ride that that requires a
			 re-inspection shall be subject to the applicable fee established in
			 302
			 KAR 16:020.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:071

Current through Register Vol. 51, No. 1, July 1, 2024
The
				adopted version of this section by
				50
				Ky.R. 235, 822; eff. 10/19/2023 is not yet
				available.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:072 - Notification of occurrence involving an amusement ride or attraction

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.233
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.233 requires amusement ride and
				attraction owners to notify the department following an accident or specified
				incident and requires the department to conduct mandatory investigations of
				amusement ride and attraction accidents and incidents. This administrative
				regulation establishes requirements for the owner to notify the department of
				an occurrence involving an amusement ride or attraction.
Section 1. Definition. "Damage" means
			 structural, mechanical, or electrical failure of an amusement ride or
			 attraction.
Section 2. Method of
			 Notification and Information Required.
(1)
			 Within twelve (12) hours of an occurrence described in
			 KRS
			 247.233(1), the owner of an
			 amusement ride or attraction involved in the occurrence shall notify the
			 department by e-mail at agr.rides@ky.gov or via the portal at
https://www.kyagr-apps.com/AgExternal/Security/Account/Login
.
(2) The notification shall contain the
			 following information:
(a) The date and time
			 of the incident or accident;
(b)
			 The location of the incident or accident;
(c) A description of the incident, accident,
			 or damage to the amusement ride or attraction;
(d) The name, address, and telephone number
			 of the owner or company for the amusement ride or attraction
			 involved;
(e) The name, address,
			 and telephone number of each operator of the amusement ride or attraction
			 involved;
(f) The name, permit
			 number, serial number, and manufacturer of the amusement ride or attraction
			 involved;
(g) The name, address,
			 telephone number, and age of the injured person, if known;
(h) The nature and extent of the injury, if
			 known;
(i) A statement by the owner
			 of whether the injury was caused by the amusement ride or attraction;
(j) The name and location of the facility or
			 person providing medical treatment other than first aid; and
(k) The name, address, and telephone number
			 of the person submitting the notification.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:091 - Rides and attractions not included in the definition of amusement ride or attraction

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.232
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.232(1)(b) authorizes the
				Commissioner of the Department of Agriculture to promulgate administrative
				regulations to designate other rides and attractions that are not included in
				the definition of "amusement ride or attraction". This administrative
				regulation establishes the list of rides or attractions not specifically
				referenced in the statute that are not included in the definition.
Section 1. Amusement ride or attraction shall
			 not include:
(1) Dinner trains;
(2) Any amusement ride or attraction
			 utilizing animals;
(3) Structures
			 holding slides less than fifteen (15) feet above the ground at the base of the
			 slide;
(4) Items, devices, and
			 contrivances used for educational purposes as part of a structured class or
			 program, including team building and challenge courses;
(5) All terrain vehicles, paddleboats,
			 canoes, or rafts;
(6) Haunted
			 houses;
(7) Hay rides;
(8) Corn Mazes or any other noninflatable
			 obstacle course;
(9) Mechanical
			 bulls;
(10) Ski lifts, aerial
			 lifts, or aerial tramways;
(11)
			 Bicycles or bicycle courses;
(12)
			 Children's toys;
(13) Watercraft
			 other than bumper boats;
(14) Swamp
			 buggies;
(15) Ice skating
			 facilities;
(16) Roller skating
			 facilities;
(17) Base jumping
			 equipment;
(18) Paintball equipment
			 or courses;
(19) Lazy
			 rivers;
(20) Wave pools;
(21) Trampolines not requiring an assistive
			 device;
(22) Self or manual belayed
			 rappelling equipment and facilities;
(23) Privately owned, not open to the public,
			 facilities;
(24) Mobile and
			 permanent ziplines;
(25) Rope
			 courses;
(26) Tree
			 swings;
(27) Platform
			 swings;
(28) Canopy
			 tours;
(29) Tree
			 platforms;
(30) Balloons;
(31) Pools and pool items;
(32) Swinging bridges;
(33) Obstacle courses;
(34) Climbing walls;
(35) Bungees;
(36) Euro or turbo bungees;
(37) Trackless trains;
(38) Laser tag;
(39) Nerf or similar foam projectile
			 events;
(40) Race car driving
			 experience;
(41) Bubble
			 suits;
(42) Axe throwing or similar
			 events;
(43) Ninja
			 courses;
(44) Inflatable devices
			 intended for water use; and
(45)
			 Bungee ejection seats.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:101 - Operate amusement ride or device defined

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.232
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.232 defines "operator". This
				administrative regulation establishes the definition of "operate".
Section 1. The act of "operating an amusement
			 ride or attraction" shall mean the supervision and observation of the amusement
			 ride or attraction while in operation and the normal starting and stopping of
			 the amusement ride or attraction.
STATUTORY AUTHORITY:
				  KRS
				  247.232
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:111 - Violations, civil penalties, revocations, and suspensions of permits for amusement rides or attractions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.233
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.233 requires the department to promulgate
				administrative regulations establishing a comprehensive list of violations and
				civil penalties not to exceed $10,000 and the procedure for suspension and
				revocation of a permit. This administrative regulation establishes requirements
				for violations, civil penalties, revocations, and suspensions of permits for
				amusement rides or attractions.
Section
			 1.
(1) The following violations
			 of KRS
			 247.232 through
			 247.236 and 302 KAR Chapter 16
			 shall result in the assessment of civil penalty of not less than $1,000 and not
			 more than $10,000:
(a) Operating without a
			 current permit;
(b) Operating
			 without current insurance in the required coverage amount;
(c) Operating a ride or attraction while it
			 is under a stop operation order;
(d) Operating a ride or attraction while the
			 operator is not present;
(e) Using
			 blocking in foot switch breaker;
(f) Using improper material for electrical
			 fuse;
(g) Moving equipment after a
			 reportable incident or tampering with evidence;
(h) Operating a ride or attraction at an
			 unsafe distance too close to high voltage;
(i) Positioning a ride or attraction
			 underneath utility lines;
(j)
			 Operating a ride or attraction while the operator is impaired;
(k) Grounding the generator
			 incorrectly;
(l) Failing to
			 maintain the ride or attraction in good mechanical condition;
(m) Failing to repair ride or attraction
			 according to manufacturer specifications or recommendations;
(n) Failing to properly shield power units;
			 and
(o) Failing to use appropriate
			 replacement parts.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:121 - Inflatable amusement rides or attractions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.236(1)
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.236(1) requires the
				department of Agriculture to promulgate administrative regulations establishing
				safety requirements in the absence of factory specification. This
				administrative regulation establishes requirements for operation of inflatable
				rides or attractions if manufacturer specifications are not available.
Section 1. Inflatable rides and attractions
			 shall not require an operator, unless required by the manual.
Section 2. Only inflatable devices
			 manufactured specifically for commercial use shall be used for commercial or
			 rental purposes.
Section 3.
			 Inflatable devices shall be anchored to the ground as required in its manual.
			 In absence of instructions in the manual, inflatable devices shall be anchored
			 to the ground with rods or pins with at least one half (1/2) inch diameter, at
			 a minimum depth of eighteen (18) inches, and at a forty-five (45) degree angle
			 to the ground. If pins or rods are impracticable, seventy-five (75) pounds of
			 sandbags shall to be used at each anchor point.
Section 4. Safety signage shall be required
			 if not printed by the manufacturer on the inflatable. If the following
			 information is not printed on an inflatable, the owner shall provide a sign to
			 display near the entrance of the inflatable while it is in operation the
			 following information, in its entirety:
(1)
			 Remove shoes, eyeglasses, and sharp objects before entering;
(2) No flips;
(3) No piling on or wrestling;
(4) Do not bounce closer than five (5) feet
			 from another person;
(5) Do not
			 bounce against the sides or near the doorway; and
(6) Patron warnings as required by KRS
			 247.2353.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:131 - Maintenance and repair of amusement rides or attractions

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.2351
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.2351 requires the Department of
				Agriculture to promulgate administrative regulations establishing replacement
				part requirements for amusement rides and attractions. This administrative
				regulation establishes requirements pertaining to replacement parts for
				amusement rides or attractions.
Section
			 1. All amusement rides and attractions shall be maintained in good
			 electrical condition as established in
			 KRS
			 247.2351(1)(b) and good
			 mechanical condition. The owner of an amusement ride or attraction shall follow
			 the manufacturer's guidelines and recommendations for all maintenance
			 procedures.
Section 2. Replacement
			 Parts.
(1) Amusement rides and attractions
			 shall use manufacturer replacement parts, or re-placement parts approved by the
			 manufacturer, if available.
(2) If
			 an amusement ride or attraction manufacturer is no longer in business or the
			 manufacturer's parts are no longer available, replacement parts shall meet the
			 manufacturers original equipment specifications. If original ride
			 manufacturer's specifications are not available, the owner shall be deemed the
			 manufacturer for purposes of these requirements.
(3) If an amusement ride or attraction is
			 unique or handmade, the owner shall be deemed the manufacturer for purposes of
			 these requirements.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:140 - Amusement rides or attractions not requiring an operator

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				247.236
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.236(5)(c) authorizes the
				Commissioner of the Department of Agriculture to promulgate administrative
				regulations to designate other rides and attractions that do not require an
				operator. This administrative regulation establishes the list of rides or
				attractions not requiring an operator.
Section
			 1. The following amusement rides or attractions shall not require
			 an operator:
(1) Playports; and
(2) Inflatables.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 16 - Amusement Rides › Section 302 KAR 16:150 - Qualification and registration of persons designated to perform amusement safety inspections

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 247.234
NECESSITY, FUNCTION, AND CONFORMITY: KRS 247.234 (3)(e)
				requires the Department of Agriculture to promulgate administrative regulations
				for designating persons qualified by education or experience, who are capable
				of determining amusement safety in accordance with administrative regulations
				promulgated under KRS 247.232 through 247.236, as amusement safety inspectors.
				KRS 247.234(3)(e) also requires the Department of Agriculture to establish an
				annual registration fee for persons designated as amusement safety inspectors.
				This administrative regulation establishes requirements for amusement safety
				inspectors.
Section 1. Education or
			 experience requirements for persons designated as amusement safety inspectors.
(1) Persons employed by the department shall
			 possess the following education or experience to be designated as amusement
			 safety inspectors:
(a) NAARSO Certificate
			 Level I;
(b) AIMS International
			 Level I Certification, Associate Ride Inspector; or
(c) No education or experience, if the
			 department employee is in training or the inspection performed is supervised by
			 a department employee holding a level of education or experience established in
			 paragraphs (a) or (b) of this subsection.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 17 - Aerial Recreational Devices › Section 302 KAR 17:010 - Requirements for operating and inspecting aerial recreational devices and facilities

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 247
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				247.238 requires the Department of
				Agriculture to establish requirements and standards for the operation and
				regulation of aerial recreational devices and facilities. This administrative
				regulation establishes requirements and standards for the operation and
				inspection of aerial recreational devices and facilities.
Section 1. Definitions.
(1) "Aerial recreational device" is defined
			 by KRS
			 247.238(1)(b).
(2) "Aerial recreational facility" is defined
			 by KRS
			 247.238(1)(c).
(3) "Certificate of Inspection" means the
			 Certificate of Inspection Form incorporated by reference in Section 15 of this
			 administrative regulation that is signed by a qualified inspector certifying
			 that an aerial recreation device is correctly installed.
(4) "Department" means the Kentucky
			 Department of Agriculture.
(5)
			 "Engineer" means a person meeting the requirements for licensure as a
			 Professional Engineer in
			 KRS
			 322.040, regardless of whether the person is
			 licensed by the Kentucky Board of Engineers and Land Surveyors.
(6) "Equipment malfunction" means a
			 malfunction that affects the future use of the aerial recreational
			 device.
(7) "First aid" means the
			 treatment of injuries that do not ordinarily require medical treatment by a
			 physician or other medical professional, including without limitation
			 scratches, cuts not requiring stitches, superficial burns, splinters, and
			 bruises.
(8) "Major modification"
			 means a change in the structural or operational characteristics of an aerial
			 recreational device that will alter its weight-bearing capacity or alter its
			 performance.
(9) "Operator" means a
			 person who owns, operates, or is deemed by the department to be responsible for
			 an aerial recreational device or facility.
(10) "Qualified inspector" means a person
			 meeting the requirements in Section 10 of this administrative
			 regulation.
(11) "Serious injury"
			 means an injury requiring medical treatment other than first aid from a
			 physician or other medical professional, regardless of whether or not the
			 injury requires hospitalization.
(12) "Zip line" means a type of aerial
			 recreational device consisting of a cable stretched between two (2) or more
			 points, a pulley, and a harness for securing a patron who moves by
			 gravity.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 20 - Livestock Sanitation › Section 302 KAR 20:020 - General requirements for interstate and intrastate movement of animals

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				246.295(1),
				257.030
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.030(4) authorizes the
				Board of Agriculture to promulgate administrative regulations necessary to
				administer KRS Chapter 257. This administrative regulation establishes the
				general health requirements and provisions concerning interstate and intrastate
				movement of animals.
Section 1. General
			 Requirements and Provisions.
(1) Premises of
			 origin information.
(a) If an animal moves to
			 a state-federal approved stockyard, exhibition, or assembly point, premises of
			 origin information shall be provided for the premises from which the movement
			 originated.
(b) The information
			 shall include:
1. Road name and number, city,
			 and state; or
2. A PIN.
Kentucky Administrative Regulations › Title 302 - DEPARTMENT OF AGRICULTURE › Chapter 20 - Livestock Sanitation › Section 302 KAR 20:040 - Entry into Kentucky

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS Chapter 257, 9 C.F.R. Chapter 1 parts 77,
				78
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				257.070 requires that importation of animals
				into Kentucky complies with administrative regulations promulgated by the
				board.
				KRS 257.030
				authorizes the board to establish necessary quarantines and other measures to
				control the movement of animals into, through, or within Kentucky. This
				administrative regulation establishes health requirements for entry, including
				entry for sales or exhibition, for livestock and animals into Kentucky.
Section 1. General Provisions.
(1) All animals entering Kentucky shall be
			 subject to the requirements established in
			 302
			 KAR 20:020.
(2) All animals shall be accompanied by a
			 Certificate of Veterinary Inspection (CVI) or other official movement document
			 except for exemptions listed under each species section of this administrative
			 regulation or
			 302
			 KAR 20:065. Examples of an official movement document
			 shall include a way bill with a permit number or Federal Movement Form VS 9-3
			 or VS 1-27.
(3) If an entry permit
			 is required by this administrative regulation, it shall be obtained by calling
			 OSV at (502) 564-3956, Monday through Friday, 8 a.m. EST to 4:30 p.m. EST. The
			 permit number shall be recorded on the CVI or other required species specific
			 document obtained pursuant to subsection (2) of this section.
(4) If the state veterinarian determines
			 based on an epidemiological evaluation of current disease risks that additional
			 requirements are needed to prevent the introduction or spread of disease, the
			 OSV shall direct a person to comply with the additional entry requirements. The
			 notification of additional requirements shall be written or given orally and
			 confirmed in writing.
(5) All
			 required tests shall be conducted by a state-federal approved laboratory as
			 defined by 9 C.F.R. Chapter 1.
(6)
			 A CVI for entry shall:
(a) Be valid for thirty
			 (30) days from the date of issue;
(b) Become void upon arrival at the
			 designated destination, except for exhibition animals which may return home
			 within thirty (30) days of the original issue date; and
(c) State a valid destination address or
			 PIN.