Chapter ATCP 79

ATCP 79.02(2) (2) Variance.

ATCP 79.02(2)(a) (a)

ATCP 79.02(2)(a)1. 1. The department may approve a variance to a method, practice, material, equipment or design required under this chapter that will not be contrary to public health, safety or welfare if the department is provided with satisfactory proof that the variance will achieve results that are closely equivalent to the results of literal application of the requirement under this chapter.

ATCP 79.02(2)(a)2. 2. To apply for a variance, the operator shall apply on a form provided by the department. An application for a variance from the requirements of this chapter shall be made in writing to the department, specifying all of the following. The department may require additional information from the operator before acting on the request:

ATCP 79.02(2)(a)2.a. a. The rule from which the variance is requested.

ATCP 79.02(2)(a)2.b. b. The specific alternative action which the operator proposes.

ATCP 79.02(2)(a)2.c. c. The reason for the request.

ATCP 79.02(2)(a)2.d. d. Justification that the variance will not adversely affect the public health, safety, or welfare.

ATCP 79.02 Note Note: To obtain a form for requesting a variance, e-mail [e-mail] or contact the Bureau of Food and Recreational Businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 79.02(2)(b) (b) The department shall approve or deny a request for a variance in writing within 30 business days after receiving a complete application for a variance and any additional information requested by the department. A variance approved by the department under par. (a) may be made conditional for:

ATCP 79.02(2)(b)1. 1. A defined period of time.

ATCP 79.02(2)(b)2. 2. Experimental or trial purposes.

ATCP 79.02 History History: CR 15-001: cr. Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.02 Register June 2016 No. 726; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

ATCP 79.03 ATCP 79.03 Definitions. In this chapter:

ATCP 79.03(1) (1) “Agent” means the city, county, or village designated by the department under s. 97.615 (2), Stats., and ch. ATCP 74 to issue licenses to and make investigations or inspections of public pools and water attractions.

ATCP 79.03(2) (2) “Approved” means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.

ATCP 79.03(3) (3) “Campground” means a parcel or tract of land owned by a person, state, or local government that is designed, maintained, intended, or used for the purpose of providing campsites offered with or without charge, for temporary overnight sleeping accommodations.

ATCP 79.03(4) (4) “Camping cabin” means a building or other structure that is 400 square feet or less in area. A camping cabin includes a yurt, but does not include a tent, recreational vehicle, tourist rooming house, mobile home, or manufactured home.

ATCP 79.03(5) (5) “Camping trailer” has the meaning given in s. 340.01 (6m), Stats.

ATCP 79.03 Note Note: Section s. 340.01 (6m), Stats., defines “camping trailer” to mean a recreational vehicle with a collapsible or folding structure designed for human habitation and towed upon a highway by a motor vehicle.

ATCP 79.03(6) (6) “Camping unit” means a structure, including a tent, camping cabin, yurt, recreational vehicle, mobile home, or manufactured home, bus, van, or pickup truck.

ATCP 79.03(7) (7) “Campsite” means an area of a campground that is designated by the operator as capable of accommodating an independent or dependent camping unit. A campsite may be one or a combination of the following:

ATCP 79.03(7)(a) (a) Individual campsite.

ATCP 79.03(7)(b) (b) Group campsite.

ATCP 79.03(7)(c) (c) Seasonal campsite.

ATCP 79.03(7)(d) (d) Rustic campsite.

ATCP 79.03(8) (8) “Campground attribute” means any of the following:

ATCP 79.03(8)(a) (a) Water system.

ATCP 79.03(8)(b) (b) Water distribution system.

ATCP 79.03(8)(c) (c) POWTS.

ATCP 79.03(8)(d) (d) Sanitary dump station.

ATCP 79.03(8)(e) (e) Toilet building.

ATCP 79.03(8)(f) (f) Toilet room.

ATCP 79.03(8)(g) (g) Shower room.

ATCP 79.03(8)(h) (h) Campground road system.

ATCP 79.03(8)(i) (i) Campsite.

ATCP 79.03(8)(j) (j) A camping unit that is operator-provided.

ATCP 79.03(8)(k) (k) Any other operator-provided building or structure.

ATCP 79.03(9) (9) “Collection point” means an area within a campground used for the accumulation of garbage, refuse, or recyclables.

ATCP 79.03(10) (10) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 79.03(11) (11) “Dependent camping unit” means a camping unit that is not equipped with a toilet or toilet facilities.

ATCP 79.03(12) (12) “Dependent campsite” means an individual or group campsite that is capable of supporting one or more dependent camping units.

ATCP 79.03(13) (13) “Domestic wastewater” has the meaning given in s. SPS 381.01 (78).

ATCP 79.03 Note Note: Section SPS 381.01 (78) reads: “Domestic wastewater” means the type of wastewater, not including storm water, normally discharged from or similar to that discharged from plumbing fixtures, appliances and devices including, but not limited to sanitary, bath, laundry, dishwashing, garbage disposal, and cleaning wastewaters.

ATCP 79.03(14) (14) “Group campsite” means a campsite designated for use by 7 or more campers.

ATCP 79.03(15) (15) “Independent camping unit” means a camping unit that is equipped with a self-contained water storage tank and toilet facility which discharges to a holding or transfer tank.

ATCP 79.03(16) (16) “Independent campsite” means an individual or group campsite that is capable of supporting one or more independent camping units.

ATCP 79.03(17) (17) “Individual campsite” means a campsite designated for use by 6 or fewer campers, unless the campers are members of an individual family.

ATCP 79.03(17m) (17m) “Individual family” means the principal campsite occupant and persons related to that person as a spouse, child, parent, grandparent, sibling or grandchild, or the spouse’s child, parent, grandparent, sibling, or grandchild.

ATCP 79.03(18) (18) “Manufactured home” has the meaning given in 42 USC 5402 (6).

ATCP 79.03 Note Note: Section 42 USC 5402 (6) reads: “manufactured home” means a structure, transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length, or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems contained therein; except that such term shall include any structure which meets all the requirements of this paragraph except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary and complies with the standards established under this chapter; and except that such term shall not include any self-propelled recreational vehicle.”

ATCP 79.03(19) (19) “Mobile home” has the meaning given in s. 101.91 (10), Stats.

ATCP 79.03 Note Note: Section 101.91 (10) Stats., reads: “Mobile home” means a vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, which has an overall length in excess of 45 feet. “Mobile home” includes the mobile home structure, its plumbing, heating, air conditioning and electrical systems, and all appliances and all other equipment carrying a manufacturer’s warranty.

ATCP 79.03(20) (20) “Motor home” has the meaning given in s. 340.01 (33m), Stats.

ATCP 79.03 Note Note: Section 340.01 (33m), Stats., reads: “Motor home” means a motor vehicle designed to be operated upon a highway for use as a temporary or recreational dwelling and having the same internal characteristics and equipment as a mobile home.

ATCP 79.03(21) (21) ”Operator” means the owner of a campground or the person responsible to the owner for the operation of the campground.

ATCP 79.03(22) (22) “Operator-provided” means a thing made available to the public by the operator with or without charge.

ATCP 79.03(23) (23) “Park model” means a recreational vehicle that is built on a single chassis mounted on wheels, that has a gross trailer area of not more than 400 square feet in the setup mode, and that bears a label, symbol, or other identifying mark indicating construction to nationally recognized standards ANSI 119.5.

ATCP 79.03(24) (24) “Person” means, for purposes of issuing a license, an individual, partnership, association, firm, company, corporation, municipality, county, town or state agency, whether tenant, owner, lessee or licensee, or the agent, heir, or assignee of any of these, as applicable.

ATCP 79.03(25) (25) “Petting zoo” means a collection of animals that can be touched or fed.

ATCP 79.03(26) (26) “Plumbing system” has the meaning given in s. SPS 381.01 (179).

ATCP 79.03 Note Note: Section SPS 381.01 (179) reads: “Plumbing system” includes the water supply system, the drain system, the vent system, plumbing fixtures, plumbing appliances and plumbing appurtenances that serve a building, structure or premises.

ATCP 79.03(27) (27) “Potable” has the meaning given in s. NR 812.07 (75).

ATCP 79.03 Note Note: Section NR 812.07 (75) reads: ”Potable” means water supplied for human consumption, sanitary use, or for the preparation of food or pharmaceutical products.

ATCP 79.03(28) (28) “POWTS” or “private on-site wastewater treatment system” has the meaning given in s. 145.01 (12), Stats.

ATCP 79.03 Note Note: Section 145.01 (12), Stats., reads: Private on-site wastewater treatment system. “Private on-site wastewater treatment system” means a sewage treatment and disposal system serving a single structure with a septic tank and soil absorption field located on the same parcel as the structure. This term also means an alternative sewage system approved by the department including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. A private on-site wastewater treatment system may be owned by the property owner or by a special purpose district.

ATCP 79.03(29) (29) “Private water system” has the meaning given in s. NR 812.07 (78).

ATCP 79.03 Note Note: Section NR 812.07 (78) reads: “Private water system” means any water system supplying water that is not a public water system.

ATCP 79.03(30) (30) “Public sewer” has the meaning given in s. SPS 381.01 (198).

ATCP 79.03 Note Note: Section SPS 381.01 (198) reads: “Public sewer” means a sewer owned and controlled by a public authority.

ATCP 79.03(31) (31) “Public water system” has the meaning given in s. NR 812.07 (80).

ATCP 79.03 Note Note: Section NR 812.07 (80) reads: “Public water system” means a system for the provision to the public of piped water for human consumption if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. A public water system is either a ”community water system” or a “non-community water system.” Such system includes:

ATCP 79.03 Note (a) Any collection, treatment, storage, and distribution facilities under control of the operator of such system and used primarily in connection with such system, and

ATCP 79.03 Note (b) Any collection or pretreatment storage facilities not under such control which are used primarily in connection with such system.

ATCP 79.03(32) (32) “Recreational vehicle” means a vehicle that has walls of rigid construction, does not exceed 45 feet in length, is designed to be towed upon a highway by a motor vehicle or has a motor of its own, and is equipped and used, or intended to be used, primarily for temporary or recreational human habitation. A recreational vehicle includes camping trailers, motor homes, and park models.

ATCP 79.03(33) (33) “Rustic campsite” means an individual campsite that is accessible only by canoe, boat, horse, walking, or a nonmotorized vehicle and for which there are no operator-provided campground attributes.

ATCP 79.03 Note Note: DNR primitive and semi-primitive camping facilities as defined in s. NR 44.07 (6) (e) 2., are covered under an memorandum of understanding established between the department and the DNR.

ATCP 79.03(34) (34) “Sanitary dump station” means a department of safety and professional services approved facility that is designed to receive sewage and domestic wastewater from the holding tank or transfer tank of a recreational vehicle.

ATCP 79.03(35) (35) “Seasonal campsite” means a campsite in which the operator allows a camper to park a privately owned camping unit for 30 or more consecutive days.

ATCP 79.03(36) (36) “Special event campground” means a campground temporarily created to provide campsites in conjunction with a special event, such as a fair, rally, carnival, music festival, sporting event, community festival, or other similar event.

ATCP 79.03(37) (37) “Tourist rooming house” notwithstanding s. ATCP 72.03 (20), when used in connection with this chapter, means a lodging place other than a hotel or motel, that is more than 400 square feet, in which sleeping accommodations are offered for pay to a tourist or transient. A “tourist rooming house” does not include private boarding or rooming houses not accommodating a tourist or transient, or a bed and breakfast establishment regulated under ch. ATCP 73.

ATCP 79.03(38) (38) “Vault privy” has the meaning given in s. SPS 391.03 (9).

ATCP 79.03 Note Note: Section SPS 391.03 (9) reads: ”Vault privy” means an enclosed nonportable toilet into which nonwater-carried human wastes are deposited to a subsurface storage chamber that is watertight.

ATCP 79.03(39) (39) “Water distribution system” has the meaning given in s. SPS 381.01 (280).

ATCP 79.03 Note Note: Section SPS 381.01 (280) reads: “Water distribution system” means that portion of a water supply system from the building control valve to the connection of a fixture supply connector, plumbing fixture, plumbing appliance, water-using equipment or other piping systems to be served.

ATCP 79.03(40) (40) “Water service” has the meaning given in s. SPS 381.01 (282).

ATCP 79.03 Note Note: Section SPS 381.01 (282) reads: “Water service” means that portion of a water supply system from the water main or private water supply to the building control valve.

ATCP 79.03(41) (41) “Water system” has the meaning given in s. NR 812.07 (118).

ATCP 79.03 Note Note: Section NR 812.07 (118), reads: Water system” means the water supply, storage, treatment facilities and all structures and piping by which water is provided for any purpose.