Chapter ATCP 78

ATCP 78.24(9)(a) (a) Installation. The operator shall install and maintain carbon monoxide alarms in compliance with the requirements of s. 101.149, Stats. P

ATCP 78.24(9)(b) (b) Prohibitions. The use of unvented furnaces and space heaters fueled by natural gas, kerosene, alcohol or other fuel shall be prohibited.

ATCP 78.24 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (2) (b) 3., (7) (b) 2., (8) (e) 3. made under s. 35.17, Stats., June 2023 No. 810.

ATCP 78.25 ATCP 78.25 Adult camp staffing. During camp operation the adult camp staff to camper ratio shall be as required pursuant to s. ATCP Table 78.25. P For the purposes of determining staff to camper ratio, personnel that do not have responsibility for providing training or direct supervision to campers, including kitchen staff, maintenance staff, housekeeping, or administrative office staff, are not included.

ATCP 78.25 History History: CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 78.26 ATCP 78.26 Camper supervision and safety.

ATCP 78.26(1) (1) Camp staff screening.

ATCP 78.26(1)(a) (a) General requirements. Camps shall take into account criminal background check information during the hiring of camp staff and any additional individuals 14 years or older residing on the camp’s premises with access to campers.

ATCP 78.26(1)(a)1. 1. Written employment application forms shall require the applicant to provide all of the following:

ATCP 78.26(1)(a)1.a. a. Legal first and last name, date of birth, and address. Pf

ATCP 78.26(1)(a)1.b. b. Disclosure of sexual criminal history. Pf

ATCP 78.26(1)(a)1.c. c. Permission for a background check. Pf

ATCP 78.26(1)(b) (b) Background check completed.

ATCP 78.26(1)(b)1. 1. Prior to hiring any camp staff, the camp shall review the national sex offender public registry of the United States department of justice and other relevant available public record information. P

ATCP 78.26(1)(b)2. 2. For international camp staff, review with the United States department of state sponsor to determine what criminal background check information will be provided by that country.

ATCP 78.26(1)(c) (c) Background check threshold.

ATCP 78.26(1)(c)1. 1. Each camp shall set a policy that prevents employment or volunteer selection of any person who meets any of the following:

ATCP 78.26(1)(c)1.a. a. A record of a violent crime against a person or animal. Pf

ATCP 78.26(1)(c)1.b. b. Crimes against nature where children were affected. Pf

ATCP 78.26(1)(c)1.c. c. Any crime involving a child as the victim. Pf

ATCP 78.26(1)(c)1.d. d. Possession or facilitation of child pornography. Pf

ATCP 78.26(1)(c)2. 2. This policy shall be reviewed, signed and dated within the last 3 years. Pf

ATCP 78.26(1)(d) (d) Background check frequency. All existing camp staff prior to extending employment shall have a background check performed at least every 2 years. This requirement also applies to any additional individuals who reside on the camp’s premises with access to campers. P

ATCP 78.26(2) (2) Non-specialized program activity.

ATCP 78.26(2)(a) (a) General supervision.

ATCP 78.26(2)(a)1. 1. A non-specialized program activity may be directly led by a non-adult camp staff member provided the staff member is at least 2 years older than the campers in that activity. Pf

ATCP 78.26(2)(a)2. 2. Non-specialized program activities shall be under the general supervision of adult camp staff. P

ATCP 78.26(3) (3) Specialized program activities.

ATCP 78.26(3)(a) (a) General supervision.

ATCP 78.26(3)(a)1. 1. Except as specified pursuant to subd. 6. and par. (c) 5., a trained adult shall directly supervise each specialized program activity. P

ATCP 78.26(3)(a)2. 2. The trained adult supervisor shall provide prior training and instruction to camp staff that assist with a specialized program activity. Pf

ATCP 78.26(3)(a)3. 3. The trained adult supervisor shall document camp staff training provided, relevant to their assigned duties. Pf

ATCP 78.26(3)(a)4. 4. Provision of firearms or archery equipment to campers shall be considered a specialized program activity at the camp and meet all of the following requirements: P

ATCP 78.26(3)(a)4.a. a. When not being used shall be securely stored and locked.P

ATCP 78.26(3)(a)4.b. b. Signage shall be posted that communicates clear safety signals and range commands to control activity at the firing line and during the retrieval of arrows or targets. Pf

ATCP 78.26(3)(a)5. 5. Other specialized program equipment shall be securely stored when not in use by utilizing fencing, barriers or other access prevention strategies. Pf

ATCP 78.26(3)(a)6. 6. A vendor provided specialized program activity is under the supervision of the third party provider.

ATCP 78.26(3)(b) (b) High and low element challenge courses.

ATCP 78.26(3)(b)1. 1. A camp offering one or more challenge courses shall have all of the following:

ATCP 78.26(3)(b)1.a. a. Written evidence of an inspection conducted by a third party that is qualified from the Association for Challenge Course Technology, Professional Ropes Course Association or is a structural engineer licensed in Wisconsin. P

ATCP 78.26(3)(b)1.b. b. Undergone the third party inspection within the past 24 months. P

ATCP 78.26(3)(b)1.c. c. Documentation that corrective action was taken based on the findings of the third party inspection. P

ATCP 78.26(3)(b)2. 2. The third party inspection documentation shall include all of the following:

ATCP 78.26(3)(b)2.a. a. The name of person or company performing the inspection, their certification information and the inspection date. Pf

ATCP 78.26(3)(b)2.b. b. A list of elements inspected. Pf

ATCP 78.26(3)(b)2.c. c. A list of elements not inspected and explanation for omission. Pf

ATCP 78.26(3)(b)2.d. d. Condition of each element at the time of inspection or any prohibitions on the element’s use in its observed condition. Pf

ATCP 78.26(3)(b)2.e. e. Concerns warranting continued observation which may be critical for ensuring safety of campers and camp staff. Pf

ATCP 78.26(3)(b)2.f. f. A list of life safety system equipment inspected. Pf

ATCP 78.26(3)(b)2.g. g. A list of life safety system equipment not inspected and an explanation for any omissions when apparent. Pf

ATCP 78.26(3)(b)2.h. h. The condition of each piece of life safety system equipment at the time of the inspection or any prohibitions against its use in the observed condition. P

ATCP 78.26(3)(b)3. 3. A camps challenge course shall operate under the supervision of an individual certified or an individual that has documentation they have received training according to applicable ANSI/ACCT 03-2019 or ANSI/PRCA 1.0-.3-2014, challenge course industry standards for the specific challenge course activities. P

ATCP 78.26(3)(b)4. 4. A camp offering a challenge course shall maintain operational policies and procedures. Pf

ATCP 78.26(3)(b)5. 5. A camp’s challenge course staff shall participate in an annual documented training that is site-specific and includes hands-on skills assessment, relevant to the staff member’s duties. Pf

ATCP 78.26(3)(b)6. 6. Any newly constructed challenge course after July 1, 2023, shall complete an initial acceptance validation inspection by a qualified third party from the Association for Challenge Course Technology, Professional Ropes Course Association or a structural engineer licensed in Wisconsin, before beginning operation. P

ATCP 78.26(3)(c) (c) Program aquatics.

ATCP 78.26(3)(c)1. 1. All swimming and watercraft activities at a camp shall be under the direction of an adult aquatic supervisor who holds a current lifeguard certification, including certification for first aid and professional CPR with AED included in the course or AED certification earned separately. P

ATCP 78.26(3)(c)2. 2. The camp shall develop a written lifeguard and attendant staffing plan. Pf The camp shall keep a copy of the plan on the premises and the plan shall made available for review by the department or its agent. The plan shall include all of the following:

ATCP 78.26(3)(c)2.a. a. A diagram of recreational areas of water used by campers. Pf

ATCP 78.26(3)(c)2.b. b. Designated areas for each aquatic program activity, including swimming, boating, and diving areas. Pf

ATCP 78.26(3)(c)2.c. c. The hours of operation; with a description of how artificial lighting is provided if an area is operated beyond daylight hours. Pf

ATCP 78.26(3)(c)2.d. d. Indication of how visual obstructions are addressed by lifeguard placement. Pf

ATCP 78.26(3)(c)2.e. e. The location of each first aid kit. Pf

ATCP 78.26(3)(c)2.f. f. A method of communication between lifeguards and attendants when 2 or more attendants or lifeguards are present. Pf

ATCP 78.26(3)(c)2.g. g. A description of a reliable communication system used to reach 911 from the waterfront. Pf

ATCP 78.26(3)(c)2.h. h. The number of lifeguards and attendants per s. ATCP Table 78.26, for each aquatic program activity, including off-premises aquatic program activities, such as where boating, canoeing, swimming, or water skiing occurs: P

ATCP Table 78.26 Lifeguard and Attendant
Staffing Per Activity

ATCP 78.26(3)(c)3. 3. Every person serving as a lifeguard at a camp shall hold a current lifeguard certification with first aid and professional CPR with AED certification included in the course or AED certification earned separately. If the camp is going to serve infant campers, then the lifeguard must have a CPR course that includes infants. P

ATCP 78.26 Note Note: Obtain a list of approved certification courses for lifeguarding, first aid, and CPR from the bureau of food and recreational businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 78.26(3)(c)4. 4. Lifeguards shall have training, as required by the United States occupational safety and health administration pursuant to 29 CFR 1910.1030, bloodborne pathogens standard. Pf

ATCP 78.26(3)(c)5. 5. If the lifeguards and attendants are all under the age of 18, the adult aquatics program supervisor or other designated lifeguard meeting the requirements pursuant to par. (c) 3. shall provide direct supervision. P

ATCP 78.26(3)(c)6. 6. Lifeguards shall meet all of the following:

ATCP 78.26(3)(c)6.a. a. At all times when on duty, wear clothing or rescue equipment that is conspicuously marked “Lifeguard” or “Guard”.

ATCP 78.26(3)(c)6.b. b. Shall not be assigned duties that may distract the lifeguard’s attention from observing an individual or that may hinder the lifeguard’s ability to provide immediate assistance to an individual.P

ATCP 78.26(3)(c)6.c. c. Equipped with a rescue tube with a harness as instructed in approved lifeguard certification courses. P

ATCP 78.26(3)(c)6.d. d. Equipped with a whistle or other signaling device for communicating to aquatic participants or other staff. P

ATCP 78.26(3)(c)7. 7.

ATCP 78.26(3)(c)7.a. a. Every boat, except a sailboard and except as provided in subd. 7. c., shall carry at least one personal flotation device prescribed as specified pursuant to 33 CFR part 175, subpart B for each person on board or being attended by the boat, so placed as to be readily accessible and available to the persons. P

ATCP 78.26(3)(c)7.b. b. No person may use a boat 16 feet or more in length unless one throwable personal flotation device is onboard in addition to the total number of wearable personal flotation devices required in subd. 7. a. P

ATCP 78.26(3)(c)7.c. c. No person may operate a boat with any child under 13 years old aboard unless each such child is wearing a properly sized personal flotation device approved by the Coast Guard. P

ATCP 78.26(3)(c)8. 8. Pursuant to s. 30.678 (1) (d), Stats., no person who was born on or after January 1, 1989, and who is 16 years of age or older may operate a motorboat unless one of the following applies:

ATCP 78.26(3)(c)8.a. a. The person holds a valid boating safety certificate pursuant to s. 30.74 (1) (a), Stats., or a valid boating safety certificate that is honored pursuant to s. 30.74 (1) (c), Stats. P

ATCP 78.26(3)(c)8.b. b. The person is accompanied in the motorboat by another person who is at least 18 years of age and that person holds a valid boating safety certificate issued pursuant to s. 30.74 (1) (a), Stats., or a valid boating safety certificate that is honored pursuant to s. 30.74 (1) (c), Stats., or was born before January 1, 1989. P

ATCP 78.26(3)(c)9. 9.

ATCP 78.26(3)(c)9.a. a. The adult aquatic supervisor shall designate a separate area for each aquatic program activity. Pf

ATCP 78.26(3)(c)9.b. b. Access to each aquatic program activity area shall be controlled and the area used for swimming shall be clearly marked and separated into sections based on the camps written lifeguard and attendant staffing plan, including non-swimmers, beginners, intermediates and proficient swimmers. Pf

ATCP 78.26(3)(c)9.c. c. No person may go into a section marked for a swimming beyond their evaluated ability except when being tested under supervision for the next higher level or when wearing a properly fitted personal flotation device. Pf

ATCP 78.26(3)(c)9.d. d. The adult aquatic supervisor shall establish and enforce a method for checking persons in and out of each aquatic program activity. Pf

ATCP 78.26(3)(c)9.e. e. The adult aquatic supervisor shall establish and enforce a method for supervising persons in the water such as the buddy system, buddy check, or a combination of methods of supervising persons. Pf