Chapter ATCP 78

ATCP 78.14(1)(b) (b) License conditions. Access is a condition of the acceptance and retention of a license to operate a camp as specified pursuant to s. ATCP 78.04 (3).

ATCP 78.14(1)(c) (c) Inspection warrant. If the camp license holder denies access to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access as provided in law pursuant to s. 66.0119, Stats.

ATCP 78.14(2) (2) Reporting of refused access. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub. (1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.

ATCP 78.14(3) (3) Frequency of inspection. The department or its agent shall inspect a camp at least once during the licensing period, except as provided for pursuant to s. ATCP 78.15 or as approved in writing by the department.

ATCP 78.14(4) (4) Inspection documentation. The department or its agent shall document all of the following on an inspection report form:

ATCP 78.14(4)(a) (a) Facility information. Administrative information about the camp’s legal identity, street and mailing addresses, type of establishment and operation, inspection date, type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the camp.

ATCP 78.14(4)(b) (b) Violation documentation. The conditions or other violations from this chapter or applicable chapters shall be documented to include the required corrective action by the license holder. An accompanying narrative shall contain all of the following:

ATCP 78.14(4)(b)1. 1. A factual description of the violation observed, including location of the observed violation.

ATCP 78.14(4)(b)2. 2. Citation and a brief description of the statute, administrative rule, or local ordinance that was observed to be violated.

ATCP 78.14(4)(b)3. 3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance.

ATCP 78.14(4)(b)4. 4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria:

ATCP 78.14(4)(b)4.a. a. A priority violation shall be corrected immediately. Depending on the nature of the potential hazard involved and the complexity of the corrective action needed, the department or its agent may agree to or specify additional time, not to exceed 3 calendar days after the inspection, for the license holder to correct violations of a priority item as defined in this chapter.

ATCP 78.14(4)(b)4.b. b. The license holder has a maximum time of 10 calendar days after the inspection for the license holder to correct violations of a priority foundation item.

ATCP 78.14(4)(b)4.c. c. The license holder shall correct core items, as defined in this chapter, by a deadline agreed to or specified by the department or its agent, but no later than 90 calendar days after the inspection. The department or its agent may approve a written compliance schedule that extends beyond 90 calendar days if the license holder submits a written schedule of compliance and no health hazard exists, or will result, from allowing an extended schedule for compliance.

ATCP 78.14(5) (5) Issuing a report and obtaining acknowledgment of receipt. At the conclusion of the inspection, an authorized representative of the department or its agent shall sign the completed inspection report. The department or its agent shall review the inspection findings with the operator and obtain a signature on the inspection report from the license holder’s designated person in charge. A copy of the inspection report shall be left with the person in charge at the completion of the inspection or emailed or otherwise presented within 2 business days after completion of the inspection.

ATCP 78.14(6) (6) Refusal to sign inspection report. If the license holder’s designated person in charge refuses to sign the inspection report, the department or its agent shall do all of the following:

ATCP 78.14(6)(a) (a) Signature is not agreement with findings. Inform the person who declines to sign the inspection report that a written acknowledgment of receipt is not an agreement with findings.

ATCP 78.14(6)(b) (b) Obligation to correct violations. Inform the person that refusal to sign the inspection report will not affect the license holder’s obligation to correct the violations noted in the inspection report by the deadlines specified.

ATCP 78.14(6)(c) (c) Documentation. Document the refusal to sign in the inspection report.

ATCP 78.14(7) (7) Posting of inspection reports. The department and its agents shall make inspection report information available to the public on the internet.

ATCP 78.14 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (4) (b) 4. a., c. made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 78.15 ATCP 78.15 Active managerial control.

ATCP 78.15(1) (1) Inspection frequency. An annual inspection may be waived for not more than 2 out of every 3 license years, if the camp has exhibited active managerial control of public health hazards.

ATCP 78.15(2) (2) Criteria. The operator shall meet all the following criteria to demonstrate active managerial control that may qualify for a reduced inspection frequency by the department or its agent:

ATCP 78.15(2)(a) (a) Reinspection history. No reinspections have occurred after the last 3 routine inspections related to this chapter, or any other license issued by the department or its agent pursuant to ss. 97.30, 97.605, and 97.67, Stats.

ATCP 78.15(2)(b) (b) Standard operation procedures. The camp has written standard operating procedures for all of the following, if applicable:

ATCP 78.15(2)(b)1. 1. Rental group agreements pursuant to s. ATCP 78.16.

ATCP 78.15(2)(b)2. 2. Food service operation procedures including: temperature monitoring, employee handwashing, employee illness restrictions and exclusions, cleaning and sanitizing utensils, surfaces and equipment; vomiting and diarrhea clean up, date marking, receiving delivery of food, no bare hand contact with ready-to-eat foods, and washing fruits and vegetables.

ATCP 78.15(2)(b)3. 3. Supervision, safety and staff coverage pursuant to s. ATCP 78.26, including specific procedures for specialized and non-specialized program activities.

ATCP 78.15(2)(b)4. 4. Health staffing and medication administration as required pursuant to s. ATCP 78.27.

ATCP 78.15(2)(b)5. 5. Primitive camping and backcountry trips as specified pursuant to s. ATCP 78.32.

ATCP 78.15(2)(c) (c) Monitoring and corrective action. The camp has implemented monitoring, corrective action and documentation procedures for standard operating procedures.

ATCP 78.15(2)(d) (d) Verification. The camp has implemented a verification and documentation process for the standard operating procedures.

ATCP 78.15 Note Note: Camps with a written strategic plan and involvement within professional organizations are indicators that a camp is focused on the continuous process of effective control over public health hazards.

ATCP 78.15 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (2) (a) made under s. 35.17, Stats., Register June 2023 No. 810.

subch. V of ch. ATCP 78 Subchapter V — General Provisions

ATCP 78.16 ATCP 78.16 Camps serving rental groups.

ATCP 78.16(1) (1) Written agreement.

ATCP 78.16(1)(a) (a) Signed. A written use agreement shall be signed by both authorized representatives of the camp and the rental group. Pf

ATCP 78.16(1)(b) (b) Designated responsibilities. The written use agreement shall clearly identify the responsibilities of the camp and the rental group. Pf

ATCP 78.16(1)(c) (c) Agreement contents. When the rental group provides specific services, the written use agreement shall indicate how the rental group will meet the minimum requirements pursuant to this chapter including the following:

ATCP 78.16(1)(c)1. 1. Food service requirements pursuant to s. ATCP 78.23. Pf

ATCP 78.16(1)(c)2. 2. Health services staff requirements pursuant to s. ATCP 78.27. Pf

ATCP 78.16(1)(c)3. 3. Health services staff required certifications pursuant to s. ATCP 78.27 (2). Pf

ATCP 78.16(1)(c)4. 4. Responsibility for collecting a camper and camp staff health history as required pursuant to s. ATCP 78.27 (1) (d) and (e). Pf

ATCP 78.16(1)(c)5. 5. Documentation of medication and treatment for campers and staff as required pursuant to s. ATCP 78.27 (5) (b). Pf

ATCP 78.16(1)(c)6. 6. Camp vehicle requirements pursuant to s. ATCP 78.27 (1) (c). Pf

ATCP 78.16(1)(c)7. 7. Specialized program activities and required certifications pursuant to s. ATCP 78.26 (3). Pf

ATCP 78.16(1)(c)8. 8. Adult staff to camper ratio requirements pursuant to s. ATCP 78.25. Pf

ATCP 78.16(1)(c)9. 9. Confirmation that background checks have been done on all staff as required pursuant to s. ATCP 78.26 (1). Pf

ATCP 78.16(1)(c)10. 10. Camper sexual abuse prevention training has been provided as required pursuant to s. ATCP 78.26 (5) (c). Pf

ATCP 78.16(1)(c)11. 11. Primitive camping requirements for water and waste are provided as required pursuant to s. ATCP 78.32. Pf

ATCP 78.16(1)(c)12. 12. The rental group has been informed of the reporting requirements for death, injury or illness to the department or its agent as required pursuant to s. ATCP 78.29. Pf

ATCP 78.16(1)(d) (d) Validation of written use agreement requirements. The camp operator shall retain copies of form templates and certifications for validating par. (c), in the written agreement or provide a written statement with the reviewer’s name or initials that provisions pursuant to par. (c), have been reviewed and validated.

ATCP 78.16(2) (2) Record retention.

ATCP 78.16(2)(a) (a) Agreement retention time. The written use agreements shall be retained for a minimum of 3 years by the camp. Pf

ATCP 78.16(2)(b) (b) Contact information retention time. The camp shall maintain the rental group contact information for a minimum of 3 calendar years. Pf

ATCP 78.16(2)(c) (c) Medication and treatment record retention time. The rental group, if providing health supervision, shall maintain all camper medication and treatment records for a minimum of 3 calendar years and make the records available upon request to the department or its agent within 2 business days of the request. Pf

ATCP 78.16(2)(d) (d) Camp register retention time. The rental group shall keep a register and a method of tracking individuals entering and leaving the camp during operation, as required pursuant to s. ATCP 78.28, and make the register and tracking document available upon request to the department or agent within 2 business days of the request. Pf

ATCP 78.16 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (1) (c) (intro.) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 78.17 ATCP 78.17 Location of the camp.

ATCP 78.17(1) (1) Requirements.

ATCP 78.17(1)(a) (a) Well-drained. The camp’s physical facilities shall be located on a well-drained site not subject to flooding.

ATCP 78.17(1)(b) (b) Graded. The premises shall be properly graded to prevent the accumulation of storm or other waters that may create hazards to the camp’s physical facilities or to the health and safety of the campers or camp staff.

ATCP 78.17(1)(c) (c) Free from sources of contamination. No camp’s physical facilities may be located in an area that is situated so that drainage from any source of filth, including garbage or animal waste disposal, can be deposited on the site. Pf

ATCP 78.17 Note Note: A camp’s location with regard to flood plains and shore land areas shall comply with local zoning ordinances and with ch. NR 115 and s. NR 116.12 (2) (b), of the Wisconsin department of natural resources.

ATCP 78.17(2) (2) Sources of odor or flies. Cooking, dining and sleeping quarters shall not be located within 100 feet of a barn or enclosure housing livestock, a petting zoo, or other source of odors or flies.

ATCP 78.17 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 78.18 ATCP 78.18 Water supply.

ATCP 78.18(1) (1) Water systems.

ATCP 78.18(1)(a) (a) General. The water source used to supply the camp shall be a public or a private water system.

ATCP 78.18(1)(b) (b) Well compliance with ch. NR 812. The operation, construction, installation, materials, and maintenance of the water system used to supply water to the camp shall comply with ch. NR 812, as enforced by the Wisconsin department of natural resources. Pf

ATCP 78.18(2) (2) Potable water supply.

ATCP 78.18(2)(a) (a) Drinking water standards. A camp shall be supplied with potable water under pressure that meets the drinking water standards in ch. NR 809, as enforced by the Wisconsin department of natural resources. P

ATCP 78.18(2)(b) (b) Water test report. The operator shall provide a copy of the water system bacteriological analysis for total coliform and E.coli in ss. NR 809.30 and 809.31 (1), and analysis for nitrate in s. NR 809.115 (4), report to the department or its agent for each well that supplies water to the camp based on the following:

ATCP 78.18(2)(b)1. 1. If the camp operates seasonally, the operator shall have the water tested and the report available within the preceding 2 months before the season begins for review by the department or its agent.

ATCP 78.18(2)(b)2. 2. If the camp is operated year round, the operator shall have the water tested and the report available for review by the department or its agent within one year prior to the requested review. Pf

ATCP 78.18 Note Note: Public water systems may require additional water testing as required by the Wisconsin department of natural resources in ch. NR 809.

ATCP 78.18(2)(c) (c) Unsafe potable water. The operator shall discontinue use of a public or private water system used to supply water to the camp, whenever the potable water from the system does not meet nitrate and bacteriologically safe drinking water standards in ch. NR 809. P

ATCP 78.18 Note Note: Bottles for collection of water samples may be obtained by writing to the Wisconsin state laboratory of hygiene, 2601 Agriculture Drive, Madison, WI 53708 or by calling [phone]. Use of any private or public certified laboratory is acceptable to satisfy the requirement.

ATCP 78.18(3) (3) Plumbing.

ATCP 78.18(3)(a) (a) General. All plumbing shall comply with the requirements of chs. SPS 382 and 384, as enforced by the Wisconsin department of safety and professional services, that apply to camps.

ATCP 78.18(3)(b) (b) Backflow prevention, air gap. An air gap between any water supply inlet and the flood level rim of the plumbing fixture or equipment shall comply with State Uniform Plumbing codes, chs. SPS 381 to 387, as enforced by the Wisconsin department of safety and professional services. P

ATCP 78.18(3)(c) (c) Backflow prevention device, design standard. A backflow or backsiphonage prevention device installed on a water supply system shall meet standards for construction, installation, maintenance, inspection, and testing as specified by the State Uniform Plumbing Code, chs. SPS 381 to 387, as enforced by the Wisconsin department of safety and professional services.

ATCP 78.18 Note Note: Backflow or backsiphonage prevention devices stamped with ASSE 1011 or ASSE 1052 are common examples used on a hose bib connection that are recognized as in compliance with this section. The Wisconsin department of safety and professional services plumbing product online search is also available to confirm devices meet State Uniform Plumbing Code.

ATCP 78.18(4) (4) Water service connections. The plumbing system for the water service and water distribution system for a toilet building, shower building, food facility or other buildings supplied with water shall comply with chs. SPS 382 and 384, as enforced by the Wisconsin department of safety and professional services.

ATCP 78.18 Note Note: To minimize the risk of Legionella growth and other diseases associated with water, adequate provisions should be made to ensure that all water systems including sink faucets, drinking fountains, and showers are safe particularly with regard to any water aged over 3 weeks that is at greater risk for proliferation of Legionella. It is strongly advised that each camp develop and implement a water management program as recommended by the United States centers for disease control water management program toolkit.

ATCP 78.18(5) (5) Containers for transporting drinkable water.

ATCP 78.18(5)(a) (a) Labeling and construction. Containers shall meet all of the following requirements for transporting water for human consumption and be: