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AN ACT relating to swimming pools and declaring an emergency. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 211 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Class A" means any pool, bathing beach, or bathing facility intended for 6
or used by the general public for recreational use that is owned and 7
operated by any person, firm, corporation, institution, association, club, or 8
any political subdivision of the Commonwealth; 9
(b) "Class B" means any pool: 10
1. Not open to the general public, but open only to a limited group, such 11
as institutions, schools, child-care facilities, resident subdivisions or 12
similar developments, camps, day camps, recreational facilities, or 13
pools of similar usage and type; or 14
2. a. Whose use is restricted to residents, members, or registered 15
guests, including but not limited to country clubs, gyms, hotels, 16
motels, apartments, trailer parks, mobile home parks, churches, 17
and condominiums, except as provided in subdivision b. of this 18
subparagraph. 19
b. If a pool described in division a. of this subparagraph is used by 20
and open to the general public, the pool shall be treated as a 21
Class A pool for the period of time it is used by and open to the 22
general public; 23
(c) "Class C" means any pool: 24
1. Whose design or use is significantly different from a swimming pool, 25
including but not limited to water recreation attractions, scuba pools, 26
zero depth entry pools, instructional pools, water slides, spray grounds, 27 UNOFFICIAL COPY 24 RS BR 476
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and spray pools; or 1
2. Intended for use for accredited competitive aquatic events such as 2
World Aquatics, USA Swimming, USA Diving, National Collegiate 3
Athletic Association (NCAA), National Federation of State High 4
School Associations (NFHS), or other similar organization. The pool 5
described in this paragraph may also be used for recreation; 6
(d) "Class D" means any treatment spa or pool or special spa or pool for water 7
therapy; and 8
(e) "Class E" means any commercial whirlpool, hot tub, or spa designed for 9
recreation or relaxation use, in combination with hydro-jet circulation, air 10
induction systems, or other circulation systems using hot, cold, or ambient 11
water temperature, that has a maximum water depth of four (4) feet and is 12
not used for swimming or diving. 13
(2) (a) The Cabinet for Health and Family Services shall establish by 14
administrative regulation a system to designate nonresidential pools into 15
either Class A, Class B, Class C, Class D, or Class E pools. 16
(b) This section shall not apply to a nonresidential pool that does not fall under 17
any of the classifications. 18
(3) (a) Lifeguards shall only be required at all Class A pools and any Class B pool 19
that is open to the general public. 20
(b) The number of lifeguards required at Class A pools or Class B pools that 21
are open to the general public shall be established by administrative 22
regulation. 23
(4) The Cabinet for Health and Family Services shall promulgate administrative 24
regulations in accordance with KRS Chapter 13A to implement this section. 25
Section 2. Whereas swimming pool safety is of the utmost importance to the 26
health and safety of all citizens of the Commonwealth, an emergency is declared to exist, 27 UNOFFICIAL COPY 24 RS BR 476
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and this Act takes effect upon its passage and approval by the Governor or upon its 1
otherwise becoming a law. 2