(2) VARIANCES. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular camp, the department may approve a variance from that provision requested by that camp’s operator if the operator provides the department with satisfactory proof that the approval of the variance will not jeopardize the public’s health, safety, or welfare.
(3) PROCEDURE FOR VARIANCE REQUEST. (a) Application. Request for modification or waiver of a requirement of this chapter shall be submitted in writing to the department or its agent having jurisdiction along with documentation specified in par. (d).
(b) Local review. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval.
(c) Department action on a variance. On receipt of a complete variance request as specified in this section, the department shall review the request and grant or deny the request in writing within 30 working days. A variance approved by the department shall be made conditional for a defined period of time, or shall expire five years from the date of issuance. The department or its agent shall maintain a copy of the variance in the establishment’s inspection history file.
(d) Application contents. Documentation justifying a proposed variance from the requirements of this chapter shall include the following information: 1. A statement of the proposed variance from this chapter requirement citing relevant chapter location numbers;
2. The rationale for how the potential public health hazards and nuisances addressed by the relevant chapter section will be alternatively addressed by the proposed variance.
(4) CONFORMANCE WITH AN APPROVED VARIANCE. If the department grants a variance as specified in sub. (2), the license holder shall: (a) Comply with the department’s conditions for the variance approval P and
(b) Maintain a copy of the approved variance at the camp.
(5) TRANFERABILITY. An approved variance is not transferable to any other camp, entity, or licensee.
(6) REISSUANCE. A license holder who wishes to continue a variance after its expiration shall: (a) file a request with the department for reissuance of the variance at least 30 days prior to its expiration, unless permission for a later date has been granted by the department.
(b) When a license holder has made timely and sufficient application for the reissuance of a variance in reference to any activity of a continuing nature, the existing waiver does not expire until the application has been finally acted upon by the department.
Note: To obtain a form for requesting a variance, e-mail datcpdfrsrec@wisconsin.gov or contact the Bureau of Food and Recreational Businesses at (608) 224−4702 or PO Box 8911, Madison, Wisconsin 53708−8911. ATCP 78.03 Definitions. In this chapter:
(1) “Adirondack shelter” means an open-fronted shelter typically made from wood and having a roof that slopes backward.
(2) “Adult” means a person 18 years of age or older.
(3) “Active (effective) managerial control” means the purposeful incorporation, monitoring, and verification of systems in a camp that proactively reduce the risk of safety and health hazards.
(4) “Agent” means a local health department as defined in s. 250.01 (4), Stats., that has entered into a contract with the department and is authorized under the terms of that contract to administer a retail food establishment, lodging, and recreational safety regulatory program, pursuant to ss. 97.41 and 97.615(2), Stats., in the health department’s area of jurisdiction. (5) “Approved” means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
(6) “Aquatic program activity” means any recreational or instructional activity occurring in or on a natural or man-made body of water. Aquatic program activity does not include fishing from a dock or shore or engaging in contact with water depths less than 12 inches, such as a tadpole or frog nature study.
(7) "Attendant" means a person trained to control patrons in a safe and orderly manner. The attendant can be any noncertified staff member assigned by and under direct supervision of certified aquatic personnel, utilized in addition to certified persons to be additional "eyes" watching swimmers or boaters. This person may also be referred to as a lookout.
(8) “Bed” means a piece of furniture for sleep or rest, typically a framework with a mattress and coverings, including a cot or bunk. A bed can also mean a sleeping pad, air mattress or yoga mat placed on the floor for an individual camper in a permanent sleeping quarter.
(9) “Belay system" means the individual or group action of managing the tension in a climber’s life safety rope with the intention of protecting the climber at an elevated height.
(10) “Boat” or “vessel” means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water and a fishing raft.
(11) “Camp” means a premises, including temporary and permanent structures that are operated as overnight living quarters, where food or lodging are provided for a camper. The camp provides a combination of planned program activities established for the primary purpose of providing an indoor or outdoor group living experience for campers with social, recreational, spiritual, and educational objectives during one or more seasons of the year. The camp is advertised or offered free of charge or in return for payment of a fee by a person or by the state or a local unit of government. “Camp” does not include any of the following:
(a) An overnight planned program of recreation or education for families or non-developmentally disabled adults.
(b) An overnight planned program of recreation or education for fewer than 4 consecutive nights and without permanent facilities for food and lodging.
(c) An overnight planned program for credit at an accredited academic institution.
(d) A tournament, competition, visitation, recruitment, campus conference, or a professional sports team training camp.
(12) “Camp health supervisor” means an adult responsible for supervising routine and emergency health care at the camp.
(13) “Camp staff” means paid or unpaid personnel involved with camp operations.
(14) "Camper" means: (a) a minor child who receives care and supervision, and
(b) An adult with developmental disability, or
(c) Children, youth and adults under legal guardianship or court directed conservatorship.
(15) "Campus conference" means a meeting, often lasting fewer than 4 consecutive nights, which is organized for personal or professional development related to a particular subject or theme.
(16) "Cathole" means an alternative disposal method of burying human solid waste on primitive camping trips by campers.
(17) “Challenge course” means a facility or facilities consisting of one or more high or low elements.
(18) “Core item” means a provision in this Code that is not designated as a priority item or a priority foundation item. “Core item” includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design, or general maintenance.
(19) “Death, injury or illness report” means the written record of all facts regarding an incident associated with a camp activity on or off the camp premises that resulted in bodily harm where an EMS response was necessary.
(20) “Department” means the Wisconsin department of agriculture, trade and consumer protection.
(21) "Developmental Disability” has the meaning given in s. 51.01 (5) (a)-(b), Stats. (22) “Easily cleanable” means readily accessible and made of material and finish that allows residue to be completely removed by normal cleaning methods.
(23) “Element” means an apparatus that provides for a unit of activity on a challenge course, including items designed to simulate rocks for climbing, beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers, aerial adventures, zip lines, and jump systems. Elements may be installed in trees, poles, portable structures, buildings, or be a part of a self-supporting structure.
(24) "EMS response" means Wisconsin emergency medical services provided, including an ambulance service response in a geographic area, that is staffed by certified rescue professionals such as an Emergency Medical Technician (EMT) or Emergency Medical Responder (EMR).
(25) “Equipment” means an article used in the camp other than land and building structures, including furniture, decorative materials, fireplaces, heating units, and appliances.
(26) “Existing building” means a building available for occupancy before June 30, 2023.
(27) “Existing camp” means operating with a license first issued by the department or its agent before June 30, 2023.
(28) “Firearm” means a portable gun, pistol, or rifle from which a projectile can be discharged.
(29) “First aid supplies” means a set of materials and tools used for giving emergency treatment to a sick or injured person.
(30) “Gender neutral” means referring to people in general, not by individual sex.
(31) “Guard” means a barrier erected to prevent a person from falling to a lower level.
(32) “Hammock” means a sling made of fabric, rope, or netting, suspended between two or more points, and used for swinging, sleeping, or resting.
(33) “Handrail” means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair.
(34) “Hazardous substance” has the meaning given in s. 289.01 (11), Stats. (35) “High element” means equipment installed for a challenge course activity that requires a participant using the equipment to be connected to a life safety system. Examples of high element activities include: ascending, descending, or traversing the course at the established height. Activities such as a tree climbing, zip lines, and climbing walls may be a part of a high element challenge course.
(36) “Hospitality activity” means an additional activity offered by a recreational and educational camp operator including a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house. The additional activity occurs within the confines of the recreational and educational camp, utilizing the same camp structures to serve other adult guests and their families. Hospitality activity does not include a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house that is solely operated independently and separately from the recreational and educational camp operation.
(37) “Imminent health hazard” means a condition that presents a substantial likelihood to cause severe adverse health consequences or death.
(38) "Life safety system" means a configuration of components including life lines, belay beams, and anchorages that support fall restraint and arrest systems, personal safety systems, belay systems, and rope rigging systems.
(39) “Lifeguard” means a person holding a certificate from a course or courses that meet the criteria for lifeguarding, first aid and cardiopulmonary resuscitation (CPR)/automatic external defibrillator (AED) training and certification set forth in the 2018 Model Aquatic Health Code or as approved by the department.
Note: A listing of approved courses may be obtained by contacting the department. E-mail datcpdfrsrec@wisconsin.gov or contact the Bureau of Food and Recreational Businesses at (608) 224−4702 or PO Box 8911, Madison, Wisconsin 53708−8911. (41) “Low element” means equipment installed for a challenge course activity in which the participant is spotted if needed by other persons in order to limit the risk of an injurious fall and the use of a life safety system is not required. Examples of low elements include balancing on a low beam, or walking across a pole, while holding a rope, or activities involving such factors as strengthening, agility, balancing, team work, and problem solving.
(42) “New building” means a building first available for occupancy on or after July 1, 2023.
(43) “New camp” means a camp operating with a license first issued by the department or its agent on or after July 1, 2023.
(44) “Non-specialized program activity” means a general camp activity that does not require a special technical skill, equipment, or safety regulation other than those that generally apply throughout camp. Examples include, but are not limited to: singing, nature studies, religious instruction, arts and crafts.
(45) “Operator” means the owner of a camp or the person responsible to the owner for the operation of the camp.
(46) “Pest” means an animal or insect of public health significance that is a nuisance and may or may not transmit disease to the general public. Pest in this definition includes, but is not limited to: cockroaches, bed bugs, flies, mosquitos, bats, rodents, and ticks.
(47) “Person” means, for purposes of issuing a license, an individual, partnership, association, firm, company, corporation, municipality, county, town or state agency; whether acting as tenant, owner, lessee or licensee; or the agent, heir, or assignee of any of these, as applicable.
(48) “Personal watercraft” means a motorboat that uses an outboard or inboard motor as its primary source of motive power and that is designed to be operated by a person standing on, kneeling on, or sitting astride the watercraft.
(49) “Planned program” means an experience that provides an activity undertaken for the purpose of exercise, relaxation or pleasure, or any activity that imparts knowledge or skill in a group setting typically occurring in the outdoors under the supervision of camp staff.
(50) “Platform tent” means a tent on a platform usually made of manufactured timber products, constructed to provide a solid, level floor for the tent, with or without partial walls consisting of flame retardant material, in accordance with National Fire Protection Association Standards, and not exceeding three feet in height above the ground.
(53) “POWTS” or “private on−site wastewater treatment system” has the meaning given in s. 145.01 (12), Stats. (54) “Premises” means the tract or tracts of land on which a camp is located and all buildings on that land.
(55) “Priority item” means a provision in this Code directly related to health and safety that if not met or is missing could significantly contribute to an increased risk for injury or illness. “Priority item” is an item that is denoted in this Code with a superscript P−P.
(56) “Priority foundation item” means a provision in this Code whose application supports, facilitates, or enables one or more priority items. Priority foundation item includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by the operator such as personnel training, infrastructure, documentation or record keeping. “Priority foundation item” is an item that is denoted in this Code with a superscript Pf−Pf.
(57) “Primitive camping” also referred to as backcountry camping, means a designated, remote portion of a camp or other off-premises area used by the camp without amenities such as a water supply system, toilets, and permanent food or lodging facilities.
(58) “Private water system” has the meaning given in s. NR 812.07 (78). (60) “Public water system” has the meaning given in s. NR 809.04 (67). (61) “Recreational and educational camp” has the meaning prescribed for “camp”, as defined in (11).
(62) “Recreational vehicle” (RV) 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.
(63) “Rental group” means another group or program that has a written agreement to rent or use a licensed camp’s facilities, and perhaps some services, to operate their own camping program or retreat. The group may even be from within the camp’s parent organization.
(64) “Rescue boat” means a boat or vessel that can provide assistance quickly to a camper during water activities that extend beyond the designated swimming area.
(65) “Rescue pole” means a long, slender, rounded piece of wood, plastic or metal, a minimum of seven feet in length, used to assist in a water rescue.
(66) “Restricted-use pesticide” has the meaning given in s. ATCP 29.01 (36). (67) “Retail food establishment” has the meaning given in s. ATCP 75.04 (33). (68) “Sanitize” means effective bactericidal treatment of the clean surfaces of equipment or utensils by a process that has been approved by the department as being effective in destroying microorganisms, including pathogens.
(69) “Specialized program activity” means an activity, under the onsite supervision and direction of at least one trained adult, including fire building for outdoor cooking, kilns and campfires. A specialized program activity also includes an activity, such as foraging for edible plants, ice fishing, pyrotechnics, horseback riding, challenge courses, air pillows, zip lines, archery, motorized vehicles, power tools, model rocketry, and use of firearms.
