Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 10 - Sanitation › Section 902 KAR 10:040 - Kentucky youth camps

Current through Register Vol. 51, No. 1, July 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.