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.