Chapter ATCP 78

ATCP 78.03(36) (36) “Imminent health hazard” means a condition that presents a likelihood to cause severe adverse health consequences or death.

ATCP 78.03(37) (37) “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.

ATCP 78.03(38) (38) “Lifeguard” means a person holding a certificate from a course or courses that meet the criteria for lifeguarding, first aid, cardiopulmonary resuscitation, and automatic external defibrillator training and certification set forth in the 2018 Model Aquatic Health Code or as approved by the department. 

ATCP 78.03 Note Note: A listing of approved courses may be obtained by contacting the department.  Email [e-mail] or contact the bureau of food and recreational businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 78.03(39) (39) “Livestock” has the meaning given in s. 97.42 (1) (em), Stats.

ATCP 78.03(40) (40) “Low element” means equipment installed for a facilitated 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, including balancing on a low beam, walking across a pole while holding a rope, or activities involving such factors as strengthening, agility, balancing, teamwork, climbing on boulders or horizontal climbing walls no higher than the climber’s shoulder height, and problem solving.

ATCP 78.03(41) (41) “New building” means a building first available for occupancy on or after July 1, 2023.

ATCP 78.03(42) (42) “New camp” means a camp operating with a license first issued by the department or its agent on or after July 1, 2023.

ATCP 78.03(43) (43) “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, including singing, nature studies, religious instruction, or arts and crafts.

ATCP 78.03(44) (44) “Operator” means the owner of a camp or the person responsible to the owner for the operation of the camp.

ATCP 78.03(45) (45) “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, including cockroaches, bed bugs, flies, mosquitoes, bats, rodents, and ticks.

ATCP 78.03(46) (46) “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.

ATCP 78.03(47) (47) “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 under the supervision of camp staff.

ATCP 78.03(48) (48) “Platform tent” means a tent on a platform 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 3 feet in height above the ground.

ATCP 78.03(49) (49) “Playground” means an area used for unfacilitated activity including outdoor play or recreation by campers with equipment including slides, play sets, horizontal bars, and swings.

ATCP 78.03(50) (50) “Plumbing system” has the meaning given in s. SPS 381.01 (179).

ATCP 78.03(51) (51) “Potable” has the meaning given in s. NR 812.07 (75).

ATCP 78.03(52) (52) “POWTS” or “private on-site wastewater treatment system” has the meaning given in s. 145.01 (12), Stats.

ATCP 78.03(53) (53) “Premises” means the tract or tracts of land on which a camp is located and all buildings on that land.

ATCP 78.03(54) (54) “Priority item” means a provision in this chapter 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 chapter with a superscript P-P.

ATCP 78.03(55) (55) “Priority foundation item” means a provision in this Chapter whose application supports, facilitates, or enables one or more priority items. Priority foundation item is an item that is denoted in this Chapter with a superscript Pf-Pf, including an item that requires the purposeful incorporation of specific actions, equipment or procedures by the operator including personnel training, infrastructure, documentation or record keeping.

ATCP 78.03(56) (56) “Primitive camping” or “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.

ATCP 78.03(57) (57) “Private water system” has the meaning given in s. NR 812.07 (78).

ATCP 78.03(58) (58) “Public sewer” has the meaning given in s. SPS 381.01 (198).

ATCP 78.03(59) (59) “Public water system” has the meaning given in s. NR 809.04 (67).

ATCP 78.03(60) (60) “Recreational and educational camp” means a camp 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.

ATCP 78.03(61) (61) “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, including a camping trailer, motor home, and park model.

ATCP 78.03(62) (62) “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 for campers. The group may be from within the camp’s parent organization.

ATCP 78.03(63) (63) “Rescue boat” means a boat that can provide assistance to a camper during water activities that extend beyond the designated swimming area.

ATCP 78.03(64) (64) “Rescue pole” means a long, slender, rounded piece of wood, plastic or metal, a minimum of 7 feet in length, used to assist in a water rescue.

ATCP 78.03(65) (65) “Restricted-use pesticide” has the meaning given in s. ATCP 29.01 (36).

ATCP 78.03(66) (66) “Retail food establishment” has the meaning given in s. ATCP 75.04 (33).

ATCP 78.03(67) (67) “Sanitize” means to apply cumulative heat or chemicals on cleaned food-contact surface that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999 percent reduction, of representative disease microorganisms of public health importance.

ATCP 78.03(68) (68) “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, 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.

ATCP 78.03(69) (69) “Spotting” means the assistance provided on a low element challenge course that involves one or more persons working together to be ready to catch, lift, physically support, or slow the descent of the participant, if necessary.

ATCP 78.03(70) (70) “Standing orders” means a written protocol developed in cooperation with the camp operator and signed by the staff physician or consulting physician that delineates health ailments such as minor illness and injury that may routinely occur and be treated at camp, when EMS response should be used, and procedures for any emergency medications and equipment that may be used by qualified camp staff including epinephrine, albuterol, nitroglycerine, AED, and oxygen.

ATCP 78.03(71) (71) “Supervisor” means a person who is responsible for the care of campers and can intervene to prevent harm or respond to an incident.

ATCP 78.03(72) (72) “Tempered water” means water ranging in temperature from 85°F (29°C) to less than 110°F (43°C).

ATCP 78.03(73) (73) “Tent” means a collapsible shelter made of flame retardant material, in accordance with National Fire Protection Association Standards, that is sustained or stretched over a supporting framework of poles, ropes, and pegs.

ATCP 78.03(74) (74) “Trained adult” means an individual whose competency is affirmed by local statute or regulation through holding a license or certification, or the individual has documented training or experience in a specific area or field.

ATCP 78.03(75) (75) “Vault privy” has the meaning given in s. SPS 391.03 (9).

ATCP 78.03(76) (76) “Vendor provided” means a third party that provides equipment and access to a program site or facility, with persons other than the camp staff responsible for the site, equipment, and supervision of the activity.

ATCP 78.03(77) (77) “Visual obstruction” means, in reference to aquatic program activity, a feature that is manmade or natural and is on, in or near the water, that is larger than 10 feet in length by 6 feet in height by 5 feet in width and that obscures a lifeguard or attendant’s line of sight.

ATCP 78.03(78) (78) “Water distribution system” has the meaning given in s. SPS 381.01 (280).

ATCP 78.03(79) (79) “Water service” has the meaning given in s. SPS 381.01 (282).

ATCP 78.03(80) (80) “Water system” has the meaning given in s. NR 812.07 (118).

ATCP 78.03(81) (81) “Yurt” means a round domed structure constructed of wood and fabric.

ATCP 78.03(82) (82) “Zip line” means lifeline suspended between support structures that enables a camper attached to a pulley to traverse from one point to another along the lifeline propelled only by the force of gravity.

ATCP 78.03 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (6), (28), (34), (35), (70) made under s. 35.17, Stats., Register June 2023 No. 810.

subch. II of ch. ATCP 78 Subchapter II — Licensing and Fees

ATCP 78.04 ATCP 78.04 License holder qualifications. To qualify for holding a license, an applicant shall do all of the following:

ATCP 78.04(1) (1) Be an owner of the camp or an officer of the legal entity owning the camp or an entity under a duly created and approved agreement in effect for the duration of the license period for use of lands as a camp.

ATCP 78.04(2) (2) Comply with the requirements of this chapter.

ATCP 78.04(3) (3) Allow authorized representatives of the department or its agent access to the camp and provide required information to those authorized representatives.

ATCP 78.04(4) (4) Pay the applicable license fees at the time the application is submitted.

ATCP 78.04 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.05 ATCP 78.05 License holder responsibilities. Upon acceptance of the license issued by the department or its agent, the license holder shall do all of the following in order to retain the license:

ATCP 78.05(1) (1) Comply with the provisions of this chapter and any other applicable chapters.

ATCP 78.05(2) (2) Immediately contact the department or its agent to report an illness of a food employee or conditional employee pursuant to ch. ATCP 75 Appendix 2-201.11 (B).

ATCP 78.05(3) (3) Immediately discontinue operations directly related to an imminent health hazard and immediately notify the department or its agent.

ATCP 78.05(4) (4) Replace existing facilities and equipment that no longer comply with the criteria set forth in this chapter according to time period pursuant to s. ATCP 78.09 (2).

ATCP 78.05(5) (5) Comply with directives of the department or its agent including meeting deadlines for taking corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department or its agent for the license holder’s camp or in response to community emergencies.

ATCP 78.05(6) (6) Accept notices issued and served by the department or its agent according to law.

ATCP 78.05(7) (7) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter.

ATCP 78.05 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (2) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 78.06 ATCP 78.06 Plan review.

ATCP 78.06(1) (1) Approval required. An operator shall obtain plan approval from the department or its agent before any of the following occurs:

ATCP 78.06(1)(a) (a) New construction. The operator begins construction of a camp.

ATCP 78.06(1)(b) (b) Modifications. The operator modifies a camp by adding or moving a structure that was subject to a previous plan review by the department or its agent.

ATCP 78.06 Note Note: In addition to meeting the department’s plan review requirements, a person should consult with other agencies that may also require prior plan or construction approval, such as the Wisconsin department of safety and professional services, the Wisconsin department of natural resources, or the local building and zoning agency before commencing construction or modification of a camp.

ATCP 78.06(2) (2) Application for plan approval.

ATCP 78.06(2)(a) (a) Required information. An applicant for plan approval shall submit all of the following to the department or its agent:

ATCP 78.06(2)(a)1. 1. A fully and accurately completed, signed, and dated application for plan approval on a form provided by the department.

ATCP 78.06(2)(a)2. 2. A copy of the plans and specifications drawn to scale or a drawing indicating distance of separation measured in feet in accordance with the applicable requirements of this chapter.

ATCP 78.06(2)(a)3. 3. Any other information required by the department or its agent regarding the operation of the camp as it relates to the health, safety, and welfare of the public.

ATCP 78.06 Note Note: To obtain a copy of the plan approval application form, email [e-mail] or contact the bureau of food and recreational businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 78.06(2)(b) (b) Determination.

ATCP 78.06(2)(b)1. 1. If the department or its agent receives a plan or application from an operator that is not completed as specified in par. (a), the department or its agent shall contact the operator to seek additional information necessary to complete the plan or application.

ATCP 78.06(2)(b)2. 2. Within 30 days after receipt of a completed plan pursuant to par. (a) the department or its agent shall approve or deny the plan. If the department or its agent approves the plan, the department or its agent shall issue a plan approval letter to the operator. If the department or its agent denies a plan, the applicant shall be given the reason, in writing, for the denial. The applicant may appeal the decision made by the department pursuant to s. ATCP 78.11. If the decision was made by a department’s agent, the applicant may appeal the decision pursuant to s. ATCP 78.10.

ATCP 78.06 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.07 ATCP 78.07 Licenses.

ATCP 78.07(1) (1) License required. Except as specified in par. (c), a license is required when a 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.

ATCP 78.07(1)(a) (a) Conditions requiring a license. No person may operate a camp without holding a license from the department or its agent. The following requirements apply:

ATCP 78.07(1)(a)1. 1. A separate license is required for each camp.

ATCP 78.07(1)(a)2. 2. Except as provided pursuant to subd. 3., if a license holder sells or otherwise transfers ownership or operation of a camp to another person, a new license is required pursuant to s. 97.67 (2) (a), Stats., and the camp may not be opened to the public until the department or its agent has issued a new license.

ATCP 78.07(1)(a)3. 3. A camp operator can transfer ownership of the camp under any of the following:

ATCP 78.07(1)(a)3.a. a. Pursuant to s. 97.67 (2) (b) and (c), Stats., an individual may transfer a license to an immediate family member.

ATCP 78.07(1)(a)3.b. b. A sole proprietorship that reorganizes as a business entity, as defined in s. 180.1100 (1g), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a license to the newly formed business entity or sole proprietorship if the camp remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity.

ATCP 78.07(1)(a)4. 4. No license issued under this chapter is transferable from one premises to another.