Chapter ATCP 78

ATCP 78.28   Camp register.

ATCP 78.29   Death, injury or illness reports.

ATCP 78.30   Playground equipment.

ATCP 78.31   Petting zoo and other animal education interactions.

ATCP 78.32   Primitive camping trips.

Ch. ATCP 78 Note Note: Chapter H 75 as it existed on August 31, 1978, was repealed and a new Chapter H 75 was created effective September 1, 1978. Chapter H 75 was renumbered Chapter HSS 175 effective June 1, 1982; Chapter HSS 175 as it existed on October 31, 1985 was repealed and a new Chapter HSS 175 was created effective November 1, 1985. Chapter HSS 175 was renumbered chapter HFS 175 under s. 13.93 (2m) (b) 1., Stats., and corrections were made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January 1997, No. 493. Chapter HFS 175 as it existed on January 31, 2001, was repealed and a new chapter HFS 175 was created effective February 1, 2001. Chapter HFS 175 was renumbered chapter DHS 175 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 175 was renumbered chapter ATCP 78 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726; Chapter ATCP 78 as it existed on September 23, 2023, was repealed and a new chapter ATCP 78 was created effective September 24, 2023.

subch. I of ch. ATCP 78 Subchapter I — Definitions, Authority and Purpose

ATCP 78.01 ATCP 78.01 Authority and purpose. This chapter is promulgated under the authority of ss. 93.07 (1), 97.67 (1) and (4), 97.30 (2) (a), 97.625, and 227.11 (2) (a), Stats., to prescribe rules for recreational and educational camps and hospitality activities for enforcement by the department and agent local health departments to protect public health and safety.

ATCP 78.01 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.02 ATCP 78.02 Scope.

ATCP 78.02(1) (1) Applicability. This chapter applies to the operators of recreational and educational camps and to the department and its agents.

ATCP 78.02(2) (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.

ATCP 78.02(3) (3) Procedure for variance request.

ATCP 78.02(3)(a) (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).

ATCP 78.02(3)(b) (b) Local review. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval.

ATCP 78.02(3)(c) (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 5 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.

ATCP 78.02(3)(d) (d) Application contents. Documentation justifying a proposed variance from the requirements of this chapter shall include all of the following:

ATCP 78.02(3)(d)1. 1. A statement of the proposed variance from this chapter requirement citing relevant chapter location numbers.

ATCP 78.02(3)(d)2. 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.

ATCP 78.02(4) (4) Conformance with approved variance. If the department grants a variance as specified in sub. (2), the license holder shall meet all of the following requirements:

ATCP 78.02(4)(a) (a) Conditions. Comply with the department’s conditions for the variance approval. P

ATCP 78.02(4)(b) (b) Records. Maintain a copy of the approved variance at the camp.

ATCP 78.02(5) (5) Tranferability. An approved variance is not transferable to any other camp, entity, or licensee.

ATCP 78.02(6) (6) Reissuance.

ATCP 78.02(6)(a) (a) Request. A license holder who wishes to continue a variance after its expiration shall 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.

ATCP 78.02(6)(b) (b) Status of existing variance. 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 variance does not expire until the application has been finally acted upon by the department.

ATCP 78.02 Note Note: To obtain a form for requesting a variance, email [e-mail] or contact the bureau of food and recreational businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 78.02 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.03 ATCP 78.03 Definitions. In this chapter:

ATCP 78.03(1) (1) “Adirondack shelter” means an open-fronted shelter having a roof that slopes backward.

ATCP 78.03(2) (2) “Adult” means a person 18 years of age or older.

ATCP 78.03(3) (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.

ATCP 78.03(4) (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.

ATCP 78.03(5) (5) “Approved” means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.

ATCP 78.03(6) (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 any of the following: 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.

ATCP 78.03(7) (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.

ATCP 78.03(8) (8) “Bed” means a piece of furniture for sleep or rest for an individual camper in a permanent sleeping quarter, including a framework with a mattress and coverings, cot, bunk, sleeping pad, air mattress, or yoga mat placed on the floor.

ATCP 78.03(9) (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.

ATCP 78.03(10) (10) “Boat” means every description of watercraft used or capable of being used as a means of transportation on water.

ATCP 78.03(11) (11) “Camp” means a recreational and educational camp.

ATCP 78.03(12) (12) “Camp health supervisor” means an adult responsible for supervising routine and emergency health care at the camp.

ATCP 78.03(13) (13) “Camp staff” means paid or unpaid personnel involved with camp operations. Camp staff does not mean a parent or guardian that accompanies a child to camp as a participant and does not have unsupervised activity with other campers.

ATCP 78.03(14) (14) “Camper” means an individual under the care and supervision of the camp or a rental group that has a written agreement with the camp and includes all of the following:

ATCP 78.03(14)(a) (a) a minor child.

ATCP 78.03(14)(b) (b) An adult with developmental disability.

ATCP 78.03(14)(c) (c) Children, youth and adults under legal guardianship or court directed conservatorship.

ATCP 78.03(15) (15) “Campus conference” means a meeting lasting fewer than 4 consecutive nights, which is organized for personal or professional development related to a particular subject or theme.

ATCP 78.03(16) (16) “Cathole” means a hole in the ground, at least 8 inches deep, used as an alternative disposal method of burying human solid waste on primitive camping trips when permanent toilet facilities are unavailable.

ATCP 78.03(17) (17) “Challenge course” means a facility or facilities consisting of one or more high or low elements.

ATCP 78.03(18) (18) “Core item” means a provision in this chapter that is not designated as a priority item or a priority foundation item, including general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design, or general maintenance.

ATCP 78.03(19) (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.

ATCP 78.03(20) (20) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 78.03(21) (21) “Developmental disability” has the meaning given in s. 51.01 (5) (a) to (b), Stats.

ATCP 78.03(22) (22) “Easily cleanable” means a material or finish of a surface that allows effective removal of soil by manual or mechanical cleaning methods.

ATCP 78.03(23) (23) “Element” means an apparatus that provides for a unit of activity on a challenge course. An “element” may be installed in trees, poles, portable structures, buildings, or be a part of a self-supporting structure, 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.

ATCP 78.03(24) (24) “EMS response” means a Wisconsin emergency medical service that provides ambulance service response in a geographic area and is staffed by certified rescue professionals such as an emergency medical technician or emergency medical responder.

ATCP 78.03(25) (25) “Equipment” means an article used in the camp other than land and building structures, including furniture, decorative materials, fireplaces, heating units, and appliances.

ATCP 78.03(26) (26) “Existing building” means a building available for occupancy before June 30, 2023.

ATCP 78.03(27) (27) “Existing camp” means operating with a license first issued by the department or its agent before June 30, 2023.

ATCP 78.03(28) (28) “Firearm” means a gun, pistol, or rifle from which a projectile can be discharged, including a pellet gun, air rifle and BB gun. “Firearm” does not include Nerf-type or paintball guns.

ATCP 78.03(29) (29) “First aid supplies” means a set of materials and tools used for giving emergency treatment to a sick or injured person.

ATCP 78.03(30) (30) “Guard” means a barrier erected to prevent a person from falling to a lower level.

ATCP 78.03(31) (31) “Hammock” means a sling made of fabric, rope, or netting, suspended between 2 or more points, and used for swinging, sleeping, or resting.

ATCP 78.03(32) (32) “Handrail” means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair.

ATCP 78.03(33) (33) “Hazardous substance” has the meaning given in s. 289.01 (11), Stats.

ATCP 78.03(34) (34) “High element” means equipment installed for a facilitated challenge course activity that requires a participant using the equipment to be connected to a life safety system, including ascending, descending, or traversing the challenge course at the established height. In this subsection, “activity” includes tree climbing, zip lines, and climbing walls.

ATCP 78.03(35) (35) “Hospitality activity” means an additional activity offered by a camp operator including a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house within the confines of the camp, utilizing the same camp structures to serve other adult guests and their families. “Hospitality activity” does not include the operation of 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.

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.