(1) For the purposes of this section, "splash pad" means an artificially constructed public recreation area for water play over which water is sprayed but is not allowed to pool.
(2) The Cabinet for Health and Family Services shall promulgate administrative regulations pursuant to KRS 211.180 and KRS Chapter 13A to set out standards for the operation and maintenance of splash pads operated by local governments to ensure they are maintained in a safe, sanitary manner to protect public health and to distinguish the operation and maintenance of splash pads from the operation and maintenance of swimming pools. The administrative regulations shall include but not be limited to the following:
(a) Requiring that water in splash pads, if recirculated, be chemically treated and properly filtered and monitored; and (b) Not requiring the following equipment to be provided:
1. Flow meters, if the water in the splash pad is not recirculated;
2. Ring buoys;
3. Life poles;
4. Shepherd's crooks;
5. Backboards;
6. Telephones;
7. Bathhouses;
8. Restrooms;
9. Drinking fountains;
10. First-aid kits;
11. Lifeguards;
12. On-site attendants; and 13. Fences.