ATCP 79.07(3)(b)1.
1. A temporary order shall take effect upon delivery of the order to the operator or responsible supervisor. Except as provided in par.
(c), the temporary order shall remain in effect for 14 days from the date of its delivery, but a temporary order may be reissued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
ATCP 79.07(3)(b)2.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd.
1. has expired, whichever occurs first, unless as provided under par.
(c), the department or its agent provides notice that an immediate danger to health or safety is present. If upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
ATCP 79.07(3)(c)
(c)
Notice of findings upon analysis or examination. If the analysis or examination under sub.
(1), shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in par.
(b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s.
ATCP 79.09. The notice shall include a statement that the facility has a right to request a hearing under s.
ATCP 79.09 within 15 days after issuance of the notice.
ATCP 79.07(3)(d)
(d)
Failure to comply with temporary order; forfeitures and penalties. Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, under s.
97.65 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture under s.
ATCP 79.09.
ATCP 79.07(4)(a)(a) When required by the department, its agent, or this chapter, the operator and the department or its agent shall develop, on a form provided by the department, an action plan for compliance. The action plan shall include all of the following:
ATCP 79.07(4)(b)
(b) The department or its agent shall void the campground license under s.
ATCP 79.05 (5) (b), if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.
ATCP 79.07 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; correction of numbering in (1) (a) made under s.
13.92 (4) (b) 1., Stats.,
Register October 2015 No. 718; renum. from DHS 178.07
Register June 2016 No. 726; correction in (1) (a) (intro.), 2., (b) 3., 4., (2) (b), (3) (intro.), (c), (d), (4) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726;
CR 18-019: am. (x)
Register January 2020 No. 769, eff. 2-1-20;
CR 18-019: am. (1) (b) 4., (2) (b) 1., (4) (b)
Register January 2020 No. 769, eff. 2-1-20.
ATCP 79.08
ATCP 79.08
Suspension or revocation of license. The department may, after a hearing under s.
ATCP 79.09, suspend or revoke a license for violation of s.
97.67, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under s.
ATCP 79.09 (1).
ATCP 79.09
ATCP 79.09
Appeals of actions by the department. ATCP 79.09(1)(a)
(a) Except as provided in sub.
(2) or
(3), a request for a hearing to contest the denial of a license, a voided license, suspension, revocation, forfeiture, or the issuance of an order under s.
ATCP 79.07 (2) shall be submitted in writing to, and be received by, the department of administration's division of hearings and appeals within 15 calendar days after the date of the department's action.
ATCP 79.09(1)(b)
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
ATCP 79.09(1)(c)
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
ATCP 79.09(1)(d)
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
ATCP 79.09 Note
Note: Effective 7-1-16, pursuant to
2015 Wis. Act 55 and s.
227.43(1m), Stats., a request for hearing shall be submitted to the DATCP Secretary via e-mail at
datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718.
ATCP 79.09(1)(e)
(e) As a condition for requesting a hearing to appeal the voiding of a license, an applicant or operator shall comply with sub.
(3). In an appeal concerning voiding a license, the burden is on the applicant or operator to show that all the applicable fees, late fees and processing charges have been paid.
ATCP 79.09(2)
(2) A request for hearing to contest a temporary order given by the department under s.
ATCP 79.07 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
ATCP 79.09(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
ATCP 79.09 Note
Note: A request for hearing, under sub. (2), shall be submitted to the DATCP Secretary via e-mail at
datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may be conducted by the department secretary or designee.
ATCP 79.09(3)
(3) If the department voids a license for failure to pay fees under s.
ATCP 79.05 (6), the operator shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
ATCP 79.09 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.09
Register June 2016 No. 726; correction in (1) (a), (2) (intro.), (3) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726;
CR 18-019: am. (1) (a), (e), (3)
Register January 2020 No. 769, eff. 2-1-20.
ATCP 79.10
ATCP 79.10
Appeals of actions by agent health departments. If an agent issues a license under this chapter, the operator shall appeal enforcement action to the agent health department.
ATCP 79.11
ATCP 79.11
Campsite use, designation, location, and density. ATCP 79.11(1)(1)
Campsite use. No operator may allow a campsite to be occupied by the same individual for more than 8 continuous months in any 12 month period.
ATCP 79.11(2)
(2)
Campsite designation. The operator shall clearly mark each campsite with an alpha or numeric symbol that is a minimum of 2 inches in height and visible from the campground's internal road system. This rule first applies to an existing campground symbol when the symbol is changed or replaced on or after February 1, 2016.
ATCP 79.11(3)
(3)
Campground map. The operator shall maintain a current and accurate map of the campground. The map shall the show the layout and location of each campsite and operator-provided camping unit or tourist rooming house. The operator shall make the map available to all campground occupants during registration or on request.
ATCP 79.11(4)(a)(a)
Hazards. A campsite may not be located in an area of a campground that is subject to the accumulation of water or in any other area that would constitute a health or safety hazard.
ATCP 79.11 Note
Note: The location of campsites and campground attributes in a flood plain or shore land area must be approved by local zoning or the DNR. See ch.
NR 115 and s.
NR 116.12 (2) (b) as enforced by the department of natural resources. Contact your local DNR office or local zoning office for more information.
ATCP 79.11(4)(b)1.1. A campsite may not be located within 100 feet of a barn or enclosure housing an animal, a petting zoo, or other source of odors or flies. This paragraph first applies to campsites created after February 1, 2016.
ATCP 79.11(4)(b)2.
2. This provision does not apply to dogs and cats in individual campsites or for other animals as approved by a variance under s.
ATCP 79.02 (2).
ATCP 79.11(5)
(5)
Campground density. Except as provided under s.
ATCP 79.27, the operator shall ensure that the density of the campground is as follows:
ATCP 79.11(5)(a)
(a)
Individual campsites. An operator may designate no more than 20 individual campsites per acre of campground. Each campsite is limited to 6 campers or an individual family.
ATCP 79.11(5)(b)
(b)
Group campsites. An operator may allow no more than 80 campers per acre in a group campsite.
ATCP 79.11 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.11
Register June 2016 No. 726; correction in (4) (b) 2., (5) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2016 No. 726.
ATCP 79.12
ATCP 79.12
Campground access and road systems. ATCP 79.12(1)(1)
Access. Access to a campground shall be designed to minimize congestion and hazards at the entrance and exit.
ATCP 79.12(2)
(2)
Roadways. All roads within the campground shall be graded and maintained to provide drainage.
ATCP 79.12 History
History: CR 15-001: cr.
Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.12
Register June 2016 No. 726.
ATCP 79.13(1)(a)1.1. The operator shall require a minimum distance of 10 feet between camping units measured from the outside edge of one camping unit to the outside edge of another camping unit, excluding slideouts.
ATCP 79.13(1)(a)2.
2. Except as provided in par.
(b), any accessory within 10 feet of a camping unit such as, but not limited to, a deck or storage shed shall be considered part of the camping unit for the purposes of determining distance separation.
ATCP 79.13(1)(a)3.
3. Except as provided in par.
(b), or unless otherwise specified in this chapter, a campground building other than a camping unit shall be a minimum of 10 feet away from a camping unit.
ATCP 79.13(1)(b)1.1. A campsite existing before February 1, 2016 shall meet the requirements in par.
(a) 1., and is exempt from the requirements in par.
(a) 2. and
3. ATCP 79.13(1)(b)2.
2. If a campsite existing before February 1, 2016 is not in compliance with the separation requirements under par.
(a) 1., the operator shall develop an action plan in accordance with s.
ATCP 79.07 (4) and implement the plan to bring the campsite into compliance.
ATCP 79.13(2)
(2)
Camping units; seasonal campsites. The operator shall ensure all of the following at a seasonal campsite:
ATCP 79.13(2)(a)1.a.a. Each privately owned recreational vehicle in the seasonal campsite bears a label, symbol, or other identifying mark of a nationally recognized testing laboratory, inspection agency, or other organization, which evaluates products to nationally recognized standards NFPA 1192 or ANSI 119.5, and periodically inspects production of equipment and materials to show compliance with those standards for usage in a specified manner.
ATCP 79.13(2)(a)1.b.
b. Each privately owned recreational vehicle in the seasonal campsite that does not meet the requirements in this subdivision shall be removed from the campground when the owner vacates the recreational vehicle or the recreational vehicle is sold.
ATCP 79.13 Note
Note: Examples of nationally recognized testing agencies include the Recreational Vehicle Industry Association (RVIA) and the Recreational Park Trailer Industry Association (RPTIA).
ATCP 79.13(2)(a)2.
2. Each recreational vehicle in the seasonal campsite with an addition or attachment, whether used for habitation or means of ingress or egress, is maintained and equipped in a manner that protects the health and safety of campers in accordance with chs.
SPS 320 to
325. The department or its agent may refer health and safety related construction concerns to the local zoning department or the department of safety and professional services.
ATCP 79.13 Note
Note: Additions or attachments, whether used for habitation or a means of ingress and egress onto recreational vehicles may require a local land use permit and building construction permit along with a required construction inspection. Consult with local zoning and building officials concerning land use permits, construction permits and construction inspections.
ATCP 79.13(2)(a)3.
3. The chassis and axles remain on the recreational vehicle with the towbar or hitch and wheels left at the campsite.
ATCP 79.13(2)(b)
(b)
Camping cabins. Each camping cabin in the seasonal campsite and any addition or attachment to a camping cabin, whether used for habitation or means of ingress or egress, shall be maintained and equipped in a manner that protects the health and safety of camper in accordance with ch.
SPS 327. Camping cabins may not be more than 400 square feet in area. The department or its agent may refer health and safety related construction concerns to the local zoning department or the department of safety and professional services.
ATCP 79.13(2)(c)
(c)
Camping unit storage. A camping unit located on a seasonal campsite may be stored on the campsite during periods when the unit is not occupied or when the campground is not in operation.
ATCP 79.13 Note
Note: Camping cabins and additions or attachments to camping cabins, whether used for habitation or a means of ingress and egress may require a local land use permit and building construction permit along with a required construction inspection. Consult with local zoning and building officials concerning land use permits, construction permits and construction inspections.
ATCP 79.13(3)(a)1.1. Operator-provided camping units may not be more than 400 square feet in area, except for a mobile home or manufactured home. The area limitation does not include decks and three-season porches not used for overnight sleeping accommodations.
ATCP 79.13(3)(a)2.
2. The campground operator shall obtain a license for a tourist rooming house and comply with the requirements of ch.
ATCP 72 for an operator-provided camping unit that is more than 400 square feet in area, except for a tent, mobile home, manufactured home, or recreational vehicle.
ATCP 79.13(3)(b)
(b)
Maintenance. The operator shall maintain an operator-provided camping unit in good repair and in clean and sanitary condition.
ATCP 79.13(3)(c)
(c)
Recreational vehicles. The operator shall ensure all of the following for each operator-provided recreational vehicle:
ATCP 79.13(3)(c)1.
1. The recreational vehicle bears a label, symbol, or other identifying mark of a nationally recognized testing laboratory, inspection agency, or other organization, which evaluates products to nationally recognized standards NFPA 1192 or ANSI 119.5, and periodically inspects production of equipment and materials to show compliance with those standards for usage in a specified manner. The department may accept other documentation from a licensed architect or engineer showing compliance with NFPA 1192 or ANSI 119.5.
ATCP 79.13 Note
Note: Examples of nationally recognized testing agencies include the Recreational Vehicle Industry Association (RVIA) and the Recreational Park Trailer Industry Association (RPTIA).
ATCP 79.13(3)(c)2.
2. Any addition or attachment to a recreational vehicle, whether used for habitation or means of ingress or egress, is maintained in accordance with chs.
SPS 320 to
325. The department or its agent may refer health and safety related construction concerns to the local zoning department or the department of safety and professional services.
ATCP 79.13 Note
Note: An addition or attachment to a recreational vehicle, whether used for habitation or a means of ingress and egress may require a local land use permit and building construction permit along with a required construction inspection. Consult with local zoning and building officials concerning land use permits, construction permits and construction inspections.
ATCP 79.13(3)(c)3.
3. At the installation site, the chassis and axles remain on the recreational vehicle with the towbar or hitch and wheels left at the campsite.
ATCP 79.13 Note
Note: The department of safety and professional services may determine that a recreational vehicle without chassis and axles must comply with the uniform dwelling code under chs.
SPS 320 to
325.
ATCP 79.13(3)(c)4.
4. If a recreational vehicle does not meet the requirements in par.
(c) 1., the operator shall develop and implement an action plan in accordance with s.
ATCP 79.07 (4) to replace or remove the recreational vehicle from the campground.
ATCP 79.13(3)(d)
(d)
Camping cabins; building code requirements. Each operator-provided camping cabin and any addition or attachment to a camping cabin, whether used for habitation or means of ingress or egress, shall be maintained in accordance with ch.
SPS 327. The department or its agent may refer health and safety related construction concerns to the local zoning department or the department of safety and professional services.
ATCP 79.13 Note
Note: Camping cabins and additions or attachments to camping cabins, whether used for habitation or a means of ingress and egress may require a local land use permit and building construction permit along with a required construction inspection. Consult with local zoning and building officials concerning land use permits, construction permits and construction inspections.
ATCP 79.13(4)
(4)
Smoke detection. At least one approved UL listed and labeled smoke detector shall be installed and maintained according to the manufacturer's recommendation, in each operator-provided camping unit.
ATCP 79.13 Note
Note: Section
ATCP 72.145 (2) (b) reads: “Fuel-burning appliance" means a device that is used or intended to be used in a residential building and burns fossil fuel or carbon based fuel where carbon monoxide is a combustion by-product. “
Fuel-burning appliance" includes stoves, ovens, grills, clothes dryers, furnaces, boilers, water heaters, heaters, and fireplaces.
ATCP 79.13(5)(b)
(b)
Installation and maintenance. If an operator-provided camping unit is equipped with a fuel-burning appliance, at least one approved UL listed and labeled carbon monoxide detector shall be installed and maintained in the camping unit according to manufacturer's recommendations as provided in s.
101.149 (2) and
(3), Stats.
