Rustic campsites: Currently, only campgrounds operated by the department of natural resources in state parks and forests may offer rustic campsites to the public for camping. Rustic campsites are isolated campsites, with few to no operator-provided campground attributes, which are generally only accessible by canoe, boat, horseback, walking or other non-motorized means. The proposed rules exempt rustic campsites from most of the requirements of traditional campgrounds to maintain the integrity of what rustic camping is. The existing rules make no provision for this type of camping and would require that the campground sites be located close to campground amenities. The proposed rule will allow operators to install rustic campsites. The department expects little cost to private sector operators or the department of natural resources given that there is little cost associated with this type of camping (no requirement to provide amenities). Specifically, proposed rules require a minimum of 400 feet between campsites, and a minimum 500 feet from a parking area, a road, non-rustic campsites, a tourist-rooming house or any other campground building. The proposed rules also open the door to private sector operators to offer rustic campsites to the public, where previously the option was not available to private sector operators.
General Administration
Reporting requirements: The existing rules do not require incident reporting. The department proposes to require operators to report within seven business days of an incident related to any campground attribute, including a campsite, operator-provided camping unit, building or structure, or water system that results in death, serious injury, or illness or that requires assistance from emergency medical personnel to the department or its agent, and to maintain a written copy of the report for up to two years. Collecting incident data will allow the department the ability to put in place future code requirements that will specifically address where injuries, illnesses and deaths are occurring in Wisconsin campgrounds. The department will also be able to recognize hazardous conditions which exist in campgrounds and take action to protect public safety. This data will allow the department to identify hazardous conditions in campgrounds. This data will be an important component of drafting future rule revisions to improve the health and safety of campground users. The one page form will be available for free of charge on the department’s website or a request for a copy can be made to the department. Operators may email, fax or mail the form to the department.
Recordkeeping; maintenance of records: Existing rules require the operator to maintain a campground register of guests, but do not require the operator to maintain other records. The department proposes to require operators to maintain on the premises, records of approved variances; campground plans and specifications; water testing reports; death, illness, and injury reports; and the most current copy of ch. DHS 178. Maintaining these records on site will help an operator quickly provide an inspector with information they need to collect and verify during the course of an inspection. The department anticipates little cost with keeping these records electronically or in an office file. Emergencies: Existing rules do not address emergencies in campgrounds. To assist campers who may need emergency services, the proposed rules require that the operator display durable signage providing directions to the nearest location where a telephone is available for emergency use. The costs for this requirement are expected to be negligible and limited to the cost of the material used (computer paper and frame, less than $10) for the number of signs needed. The number of signs posted is at the discretion of the operator.
Campsite occupancy: Under current practice, the department allows a camping unit to be located on the same campsite for up to four continuous months in a 12 month period. To provide operators with more flexibility in renting campsites to seasonal campers, the department proposes to allow camping units to be located on the same campsite for up to eight months in a 12 month period, so long as the camping unit is occupied by the same individual. Allowing campers to place and occupy camping units for up to eight months reflects current industry practice at seasonal campsites. This provision will also allow an operator to provide operator-provided camping units for use for up to eight months in a 12 month period. A campground by definition is for temporary overnight use, not for use as a full-time, permanent residence. This requirement helps operators by assuring that campers do not attempt to establish a full time residence in their campground.
General maintenance: The existing rules require that the campground be maintained in a clean, safe and sanitary condition and that operator-provided camping units be maintained in a clean and sanitary condition and in good repair. The proposed rules add language to maintain safety equipment such as smoke and carbon monoxide alarms.
Campground maps: Existing rules require that the operator mark each campsite on a map and make the map available to campers. The proposed rules maintain these requirements and require that campground maps include the layout and location of each operator-provided camping unit or tourist rooming house. The department expects little cost associated with adding the additional amenities to the existing campground map. An accurate campground map helps campers navigate the campground and helps emergency response personnel respond to emergencies more efficiently.
Campsite signage: Existing rules require that each campsite be designated by signage at the campsite. The existing rules do not specify size requirements. The department proposes to require that campsite signage use an alpha or numeric symbol, be at least two inches in height, and visible from the campground’s internal road system. The proposed changes would first apply to existing campground signage or symbols when the signage is changed or replaced after the effective date of the rule. The cost to the operator will depend on the number of campsite designations that are being changed or replaced at a given time. Because campsite designation is an existing code requirement, the department expects little additional cost to an operator. Adding a requirement that the campsite designation be visible from the campground’s internal road system will assist emergency personnel with efficient delivery of services.
Manufactured homes in a campground: The department of safety and professional services requires under ch. SPS 326 that campgrounds with more than two manufactured homes must have a manufactured home community license issued by the department of safety and professional services. Under the proposed rules, if a campground includes more than two manufactured homes, the operator must work with the department or its agent to formulate a corrective action plan for removal and subsequently remove all but two of the manufactured homes from the campground, unless the department of safety and professional services has issued the operator a license as a manufactured home community. The operator will incur a cost for this provision if the campground includes three or more manufactured homes, and the manufactured home community is not licensed as such by the department of safety and professional services. The department estimates that very few campgrounds will be impacted by this provision as many are already licensed as manufactured home communities or have already removed manufactured homes in excess of two. The cost of the manufactured home community license is determined by the department of safety and professional services. Sanitation and hygiene
Linens: Existing and proposed rules require that bed linens be washed after each occupancy. The proposed rules require that separate, nonabsorbent containers be used for handling clean and soiled linens to prevent the contamination of clean linens. The proposed rules would only impact operators that opt to offer linens for rent or bedding in operator-provided camping units. An online search of laundry container vendors reveals that containers range in cost from $5 to $50 per unit. The overall cost will depend on the amount of linens laundered and soiled, and occupancy rate, and rate of bedding rentals.
Mattress Covers: The public expects that rented camping units be maintained in a clean and sanitary condition. The proposed rules require that each mattress or sleeping surface be supplied with a washable mattress pad to help protect the mattress from the accumulation of soil, stains or debris and allow for proper cleaning. An online search of mattress pad vendors reveals that mattress pads range in cost from $12 to $30 per unit and will apply only to operators that rent operator-provided camping units. The actual cost to operators will depend on the number of mattresses.
Washing and sanitizing utensils: The existing rules require that operators wash and sanitize operator-provided multiuse food and beverage utensils between occupancies. Utensils used by the general public require an additional sanitation step; this is best accomplished by using a two compartment sink. An online search of two compartment sinks revealed a range of $59 to $99 per unit.
The proposed rule allows the operator the option of posting signage informing campers that utensils are provided as a convenience and that they have not been sanitized. The sign would provide campers with directions on how to properly sanitize the utensils. The department expects the cost to the operator to be the cost of the printer paper used to create the sign. The option to post a sign instead of sanitizing the utensils would save the operator time and staffing costs.
Toilet facilities: Existing rules do not require hand washing supplies in toilet facilities. The proposed rules require if a hand wash sink or portable hand wash sink is provided, operators must also provide soap, single use toweling or a hand drying device, and a waste receptacle in toilet facilities. Proper hand washing and hand drying is known to be an effective measure against the spread of disease. An online search reveals that soap dispensers range in cost from $6 to $15 per unit and that single use toweling dispensers range in cost from $8 to $30 per unit. An online search of hand drying devices shows a range from $150 to $300 per unit. An online search for waste receptacles reveals a range from $10 to $20 per unit. The actual cost to an operator will depend on the number of toilet room hand washing and drying facilities provided and the style of equipment purchased. The department expects that many campgrounds are already in compliance with this requirement.
Existing rules also require that a vault toilet be at least 75 feet from a campsite or building used for human occupancy. Under the proposed rules, the department decreased that distance to 15 feet. Operators may realize a potential benefit from this change as more campsites may be established.
Existing rules require that backup toilets for each sex be provided in campsites designed and used exclusively by independent camping units, e.g., those with toilet facilities built in. The proposed rules eliminate this requirement at independent campsites that are connected to a private or municipal waste treatment system. Eliminating this requirement will be a cost reduction for operators because they will not have to supply and maintain the toilet facilities.
Fish and game cleaning stations: Existing rules require that, if provided in the campground, a fish and game cleaning station must be maintained in a sanitary condition and be insect and vermin proofed. The proposed rules maintain these requirements, and clarify that maintaining a sanitary condition means the surface used to clean or prepare fish and game must be smooth, easily cleanable, and nonabsorbent.
Petting zoos: The department proposes to create rules to require that a hand washing or a hand sanitizing station be placed near the building exit or enclosure housing the animals, if the campground includes a petting zoo. The hand sanitizing or hand washing station is necessary to prevent the spread of communicable diseases known to be associated with petting zoo animals, such as salmonella and E. coli. An online search of hand sanitizing dispensers reveals that the dispensers range in cost from $10 to $30 per unit and that hand wash stations range in cost from $225 to $500 per unit. The department expects this requirement to impact very few campgrounds as there are very few campgrounds with petting zoos.
Sewage and wastewater treatment and handling: The proposed rules would allow an operator to operate a failing POWTS if the operator has received approval of a plan for repair, remediation, or replacement of the POWTS from the department of safety and professional services and approval from the department on a plan for waste water removal and management. Consideration of such a plan would allow the operator to potentially stay open until the dispersal component repairs were performed. The proposed rules would also require that POWTS access covers remain locked or secured except for inspection, evaluation, maintenance or servicing purposes.
Existing rules require that a sanitary dump station be located 75 feet or more from a campsite and 50 feet or more from a permanent body of surface water. The proposed rules maintain the required distance from water, but reduce the distance required from a campsite to 15 feet. The proposed rules also require that a distance of five feet or more be provided around the sanitary dump station apron to prevent contamination from splash to areas used by the general public. Reducing the setback from 75 feet to 15 feet will allow the operator to potentially add campground sites.
The proposed rules clarify that RV transfer tanks and holding tanks must remain leak-proof as designed and maintained in good condition. Maintaining these tanks in a leak-proof condition will prevent campers from potentially being exposed to untreated, raw sewage.
Injury and Disease Prevention
Shower rooms: The existing rules relating to showers only require that they be constructed in accordance with the department of safety and professional services requirements. Slips and falls continue to be a significant factor in injuries in shower areas. To reduce the risk of slip and fall injuries, existing department of safety and professional services construction rules require shower room floors to be slip resistant. The proposed rules maintain existing requirements and provided that shower room floors must remain slip-resistant as designed or be provided with nonabsorbent, easily cleanable matting that is maintained in a clean condition. An online search for slip resistant matting revealed that they range in cost from $1 to $20 per unit. The actual cost will depend on the number of shower rooms the operator provides. The department expects that most shower room floors are already made slip-resistant as required by the department of safety and professional services or are already provided with slip-resistant matting.
Carbon monoxide alarms: Existing rules do not include provisions relating to carbon monoxide alarms. The proposed rules require that operator-provided camping units that have a fuel-burning appliance such as a water heater, fire place, stove or furnace be equipped with a carbon monoxide alarm. Construction standards including NFPA 1192 and SPS 320-325, for camping units, including camping cabins, yurts and recreational vehicles already require the installation of a carbon monoxide alarm where fuel burning appliances are provided. Dangerous levels of carbon monoxide cause injuries and deaths. The department expects that few camping units will be impacted by this requirement as many are not provided with fuel burning appliances and that the cost of the provision will depend on the number of camping units that have fuel burning appliances. For any camping units without a carbon monoxide alarm, an online search of alarm vendors reveals that carbon monoxide alarms range in cost from $18 to $40 per unit. Current NFPA 1192 standards require that one carbon monoxide alarm be provided per unit.
Fish, game, and other animals; campsite proximity: The existing rules do not provide direction on siting campsites in proximity to fish and game cleaning stations or enclosures housing animals. In an effort to help reduce the exposure of campers to vector borne disease found around structures housing animals, the department proposes that campsites be located at least 100 feet from a barn or enclosure housing an animal, a petting zoo, or other source of odors or flies, and 75 feet from a fish and game cleaning station. Proposed rules on siting a campsite from a fish and game cleaning station first applies to a fish and game cleaning station that is new or replaced after the effective date of the rule. Proposed rules on locating a campsite from a barn or enclosure housing an animal, petting zoo, other source of odors or flies first applies to campsites built after the effective date of this rule. Very few campgrounds currently have animal enclosures.
Insect and rodent control. The existing rule requires that campgrounds be maintained in a clean, safe and sanitary condition at all times including proper pest control. Many options exist for pest control methods, and this, coupled with a wide array of potential pests, makes it difficult to estimate the actual operator cost. Many existing operators already utilize some type of pest control method in their weekly or monthly maintenance plans for their campground. Proposed rules require that an operator take measures to minimize the presence of rodents and insects, including bed bugs, in operator-provided camping units and other buildings on the campgrounds. The actual cost will depend on the number of operator-provided camping units and buildings in the campground. The requirement that operators must maintain operator- provided camping units in good repair and in a clean and sanitary condition will help to limit the presence of rodents and pests in these structures, and hold down costs for insect and pest control.
Play equipment: Existing rules do not include provisions on play equipment. The department proposes to create rules to require that any play equipment in the campground be free of hazards, installed according to manufacturer’s instructions, and be maintained in good repair. The proposed rules should not result in an increase in costs for the operator unless the requirement is not met and will only apply to campgrounds with play equipment.
Bunk beds: Existing rules do not include provisions on bunk beds, but federal regulations require that bunk beds constructed after June 19, 2001, be constructed in accordance with 16 CFR 1513 to reduce the number of injuries and deaths from improperly designed and constructed bunk beds. The department proposes separation and mattress requirements, and that the bunk beds be constructed in accordance with the requisite federal regulations. Few campgrounds will be impacted by this provision. The department expects few bunk beds would have to be replaced. Existing bunk beds may need to be modified to include a guard rail or similar safety device. For any existing bunk beds that are not equipped with top bunk guard rails, an online search for rail materials revealed a cost range of $3 to $6 per rail (2 may be needed) and $3 to $5 for mounting hardware(wood screws). Recreational vehicle standards: The proposed rules require that privately owned and owner- provided recreational vehicles in seasonal campsites bear a label, symbol or other identifying mark labeled by a nationally recognized testing laboratory, inspection agency, or other organization that evaluates products to nationally recognized standards NFPA 1192 and ANSI 119.5. These standards are minimum safety standards for electrical safety, fire safety, smoke and carbon monoxide alarms, combustion air requirements and exiting requirements for recreational vehicles. The proposed rules further require that the operator remove from the campground any recreational vehicle that does not meet the standards.
These proposed rules first apply to recreational vehicles placed in a seasonal campsite after the effective date of the proposed rules. Existing recreational vehicles in the campground on or before the effective date of the proposed rules may remain in a campground until the owner vacates or sells the recreational vehicle. This requirement may only be a cost to an operator when a camper abandons their camping unit in the campground. This cost may be mitigated by the ability of the operator to sell the camping unit for salvage.
Wheels and Hitches of Recreational Vehicles: This proposed rule provision incorporates a previous policy that allows the wheels and the hitch to be removed from an RV. By removing the wheels and hitch, an operator or camper is able to better stabilize the RV and lightly skirt the RV.
Camping units; attachments and additions: Under existing rules, additions and attachments such as decks and screened porches to camping units are prohibited. The department proposes to allow additions and attachments, including decks and screened porches, to camping units if the addition or attachment meets the applicable construction standards established by the department of safety and professional services. The proposed rules are in response to the camping industry trend for additions or attachments to camping units for both privately-owned camping units in seasonal campsites, and owner-provided camping unit rentals. The proposed rules change is not expected to result in any costs to the operator.
Fire Prevention and Safety
Smoke alarms: The proposed rules require that at least one smoke alarm be provided in each operator-provided camping unit. Because of existing requirements listed in SPS 323, NFPA 1192 and ANSI 119.5, camping units are already required to have smoke alarms. The department anticipates that few operators will be impacted by this requirement. An online search of smoke alarm vendors reveals that smoke alarms range in cost from $11 to $30 per unit.
Camping unit and campsite separation: The existing rules require that campsites be separated by at least 10 feet. To help prevent the possible spread of fire from camping unit to camping unit, the proposed rules eliminate that requirement and instead requires that camping units be separated by at least 10 feet and makes clear how the 10 foot separation is to be measured. The department expects that repealing the distance requirement for campsites will benefit operators because they would potentially have more campsites to rent.
Overcrowding of camping units in special event campgrounds can result in the rapid spread of fire between camping units and can slow fire departments when they are attempting to respond to a fire. Additionally, the increased use of portable generators in crowded campgrounds has caused carbon monoxide poisonings and death. To reduce fire safety and carbon monoxide concerns at special event campgrounds, the department proposes that campsites in special event campgrounds be at least 1,200 square feet in area, and that the operator allow no more than one camping unit per campsite, separated by at least 10 feet from a camping unit on an adjacent campsite. The proposed rules also limit campsite occupancy to six campers or an individual family.
These proposed rules may benefit operators who are able to rent additional campsites given the above provisions for square footage, number of camping units per site and number of campers per campsite.
Campfires: To help reduce the potential spread of fire in a campground, the proposed rules require that campfires be contained in a campfire ring located at least 10 feet from camping units, building structures, and motor vehicles. Operators may need to reconfigure a campsite as to where the camping unit can be located. Many existing campsites already meet this 10 foot setback provision. The department expects little cost associated with this provision. Operators may have to ask a camper to reposition their camping unit to be a minimum of 10 feet from the campfire ring or reposition the campfire ring to be 10 feet from a campsite’s camping unit.
Water Supply
Water supply; water systems and services connections: Existing rules include prescriptive provisions on private wells and water supply systems, including requiring operators to reconstruct an existing well or construct a new well whenever bacteriologically safe water cannot be obtained consistently from a well. Existing rules further require that the use of the well be discontinued if a new or reconstructed well is impractical or determined not to be effective. Because well construction and drinking water are regulated by the department of natural resources, the department proposes to remove these prescriptive and possibly duplicative requirements from ch. DHS 178 and simply require operators to discontinue use of the water system supplying the campground, whether public or private, whenever potable water does not meet the bacteriologically safe drinking water standards in ch. NR 809. The proposed rules are more plainly written, making it easier for operators to comply with the safe water supply provisions and may decrease costs for campground operators by reducing prescriptive and possibly duplicative rule provisions, and by saving time on interpreting regulations or for costs for professional services.
Effect on small business
Based on the foregoing analysis, the proposed rules will affect small businesses, but are anticipated to have little to no economic impact on small business. The proposed rules contain the minimum safety requirements (safe water, availability of toilets, proper waste water disposal, proper disposal of garbage and refuse, fire safety and structural safety) for operating a campground. The department considered the methods under s. 227.114 (2), Stats., for reducing the rule’s impact on small businesses but, except as provided below is unable to lessen or exempt small businesses from the requirements of this proposed rule because the campgrounds regardless of size, serves the same camping public who are subjected to the same public, health, or safety issues. When considering the effect of the proposed requirement under s. DHS 178.24 (3) that operators report to the department incidents of serious illness, injury or death related to a campground attribute, the department chose to increase the time required for the reports from the normal three days to seven business days, and include the alternative for submitting the report orally. Additionally, the proposed rule includes an option available to all operators to seek a variance to a rule. This option allows all businesses, including small businesses, the flexibility to be innovative in terms of method, practice, material, equipment or design in meeting the requirements for public health, safety, and welfare.
