Statement of Scope
Department of Agriculture, Trade and Consumer Protection
Chapter ATCP 78, Wis. Adm. Code
Recreational and Educational Camps
1. Finding/nature of emergency (Emergency Rule only):
2. Detailed description of the objective of the proposed rule:
In general, rule changes are needed because camps and camper demographics have changed over the years and the rule has not kept pace with these changes or with changing technology and innovations in the recreational and educational camp industry.
The objectives of the proposed rule under consideration include:
a. Expanding definitions of some terms used in ATCP 78 to provide clarity, removing definitions not used, and including new definitions to describe previously undefined terms. Examples include:
- The undefined term ‘planned program of recreation or education’, within the definition of ‘camp’, creates confusion as to what activities fall under ATCP 78’s jurisdiction.
- There are also terms based on imprecise generic definitions. For example, ‘first aid supplies’ are not defined, and certain pieces of rescue equipment are not precisely defined, so they refer to items that may not be effective as intended (rescue rings are not required to have tow ropes).
- Defining organized groups that utilize a licensed recreational and educational camp.
-The term ‘high risk activity’ is outdated, is not used by the industry, and does not accurately describe activities such as rock walls, ropes courses and zip-lines. - - --Consider better definitions to provide a distinction between these types of activities and activities such as horse-back riding.
b. Requirements for the camp to be kept clean and sanitary are provided in rule, but there is no general requirement for the camp to be kept in ‘good repair.’ Consider adding language for the recreational and education camp to be maintained in good repair.
c. Current rule requires logging of administered medications into a bound book with pre-printed page numbers, or use of an approved software. Industry has expressed concerns about the limited number of ways medication logging requirements can be currently met. Industry has requested that the Department of Agriculture, Trade and Consumer Protection (Department) explore other options for the logging of administered medications. Because of the number of campers with one or more medications, entry of information in currently-allowed medication and treatment logs slows the camp activity schedule and does not support reliable recordkeeping. Some internet connections make the use of software impossible for some camps as internet service may not be reliable or the additional computers are too costly. Consider flexibility in allowing camps to utilize current data management and health care technology.
d. Consider language that incorporates standards, including criminal background checks, for hiring and maintaining recreational and educational camp staff.
e. Consider including federal or other state regulations, impacting recreational and educational camps, into the rule to provide greater clarity. Examples include:
- The Federal Emergency Medical Treatment and Labor Act (EMTALA) enacted in 1986 as part of COBRA (Consolidated Omnibus Budget Reconciliation Act) – This makes the requirement for written hospital arrangements in s. ATCP 78.19 (1) (a) obsolete. - The Code of Federal Regulations: 16 CFR 1513 regulates bunk bed construction for minors and 16 CFR 1213 regulates bunk bed construction for adults. Federal regulations are more comprehensive than those found in s. ATCP 78.21.
- The International Plumbing Code (IPC), specifically section 403.1.2, allows single-user toilet rooms to be marked as for either males or females.
f. Consider addressing emerging communicable diseases and other threats to safety. The Department will consider including appropriate definitions and provisions to support camps in addressing emerging pathogens and other new threats. Examples of emerging threats include:
- Naturally-produced toxins, such as harmful algal blooms
- Tick-borne diseases
g. Consider language that removes the requirements for health and supervision when a recreational and educational camp is only used for families or for non-developmentally disabled adults. Because supervision is not needed for groups of adults (unless they are developmentally disabled adults) and families know their children’s health needs, there is no value to recreational and educational camp supervision regulations being applicable to these situations. Examples include quilting and scrapbooking events.
h. Consider incorporating measures to assure the health, safety and security of developmentally disabled campers.
i. Consider language for addressing requirements that may be applicable to the organized user groups that use a recreational and educational camp, but are not the licensee of the camp. The Department believes that more accountability may be needed to assure these “organized user groups” are meeting the health and safety requirements needed for the care of children and individuals with disabilities.
j. Fees associated with recreational and educational camps have not been addressed since 2007. Consider increasing fees to keep pace with the increased costs of conducting inspections, licensing, and performing investigations and explore an alternative licensing fee structure based on the complexity of programs, facilities, and activities.
k. Consider adding requirements for reporting illnesses, injuries, and accidents that require an emergency medical service (EMS) response. This data will assist in designing effective outreach and meaningful interventions and the data collected may help support future rule development.
l. Consider incorporating criticality methodology throughout the rule. This methodology seeks to identify those provisions that are more critical for protecting public health and to designate the risk level of hazards. This method provides clarity to industry by identifying those provisions which are more likely to cause illness or injury, and supports a risk-based inspection approach.
m. Explore current industry practices and methods for incorporation into the rule. Examples include:
- Consider aligning rule provisions with industry standards, such as those of the American Camp Association, to create greater consistency.
- Consider industry standards pertaining to third party inspection and certification of high-risk activities.
- Consider exploring options for allowing national, state or other approved courses as acceptable for use in Wisconsin to meet first aid, CPR and other related credential requirements.