DHS 175.16 Food preparation and service.
DHS 175.17 Buildings and grounds.
DHS 175.18 Safety and supervision.
DHS 175.21 Sleeping quarters.
DHS 175.22 Primitive camping.
Ch. DHS 175 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Note: Chapter H 75 as it existed on August 31, 1978, was repealed and a new Chapter H 75 was created effective September 1, 1978.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H 75 was renumbered Chapter HSS 175 effective June 1, 1982; Chapter HSS 175 as it existed on October 31, 1985 was repealed and a new Chapter HSS 175 was created effective November 1, 1985.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 Chapter HFS 175 as it existed on January 31, 2001, was repealed and a new chapter HFS 175 was created effective February 1, 2001.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.
DHS 175.01
DHS 175.01
Authority and purpose. This chapter is promulgated under the authority of ss.
227.11 (2) (a),
250.04 (7) and
254.47 (4), Stats., to prescribe rules for recreational and educational camps for enforcement by the department and agent local health departments to protect public health and safety.
DHS 175.01 Note
Note: The Department of Health Services strongly recommends that each camp owner or operator implement a comprehensive system of background checks for all persons who apply to be camp staff members and who will have direct, regular contact with campers. The system should include asking the person to self-disclose, in writing, any of the following in their background: pending criminal charges, criminal convictions, governmental findings of abuse or neglect of a child or an adult, or governmental findings of misappropriation of a child's or an adult's property. The system should also include conducting background checks from the records maintained by the Wisconsin Departments of Justice, Health Services, and Safety and Professional Services. Background checks can be completed by submitting the Department of Justice's criminal history request form with the request purpose designated as "Caregiver Background Check-General." The checks should be completed either before or within 60 days after hiring a staff member, and the camp owner or operator should consider any information obtained from the background checks in making a decision about whether to hire or retain the staff member. Guidelines and forms for conducting comprehensive background checks can be found in ch.
DHS 12 or on the Department's internet site:
www.dhs.wi.gov.
DHS 175.01 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-073: renum. from HFS 175.01
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.02(1)(1)
Applicability. This chapter applies to the operators of recreational and educational camps and to the department and its agents.
DHS 175.02(2)(a)(a) The department may approve an alternative to a method, practice, material, equipment or design required under this chapter that will not be contrary to public health, safety or welfare when the department is provided with satisfactory proof that the alternative will achieve results which are closely equivalent to the results of literal application of the requirement under this chapter.
DHS 175.02(2)(b)
(b) An alternative approved by the department under
par. (a) may be made conditional for either of the following:
DHS 175.02 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-073: renum. from HFS 175.02
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.03
DHS 175.03
Definitions. In this chapter:
DHS 175.03(1)
(1) "Adult" means a person 18 years of age or older.
DHS 175.03(2)
(2) "Adulteration" means making food not safe for human consumption by having it bear or contain any of the following:
DHS 175.03(2)(a)
(a) A poisonous or deleterious substance in a quantity that may be injurious to health.
DHS 175.03(2)(b)
(b) An added poisonous or deleterious substance for which no safe tolerance has been established under U.S. food and drug administration regulations, or exceeding the tolerance if one has been established.
DHS 175.03(2)(c)
(c) A filthy, putrid or decomposed substance, or is otherwise unfit for human consumption.
DHS 175.03(2)(d)
(d) It has been processed, prepared, packed or held under unsanitary conditions which may have rendered it injurious to health.
DHS 175.03(2)(e)
(e) It is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter.
DHS 175.03(2)(f)
(f) Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
DHS 175.03(3)
(3) "Agent" means the city, county or village designated by the department under s.
254.69 (2), Stats., and
ch. DHS 192 to issue permits to and make investigations or inspections of recreational and educational camps.
DHS 175.03(4)
(4) "Approved" means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
DHS 175.03(5)
(5) "Camp" means a premises, including temporary and permanent structures, that is operated as an overnight living quarters where both food and lodging or facilities for food and lodging are provided for children or adults or both children and adults for a planned program of recreation or education, and that is offered free of charge or for payment of a fee by a person or by the state or a local unit of government. "Camp" does not include any of the following:
DHS 175.03(5)(a)
(a) An overnight planned program of recreation or education for adults or families at an establishment holding a current hotel or motel or restaurant permit.
DHS 175.03(5)(b)
(b) An overnight planned program of recreation or education for less than 4 consecutive nights and without permanent facilities for food and lodging.
DHS 175.03(5)(c)
(c) An overnight planned program for credit at an accredited academic institution of higher education.
DHS 175.03(5)(d)
(d) A tournament, competition, visitation, recruitment, campus conference or professional sports team training camp.
DHS 175.03(6)
(6) "Camp health supervisor" means an adult responsible for routine and emergency health care supervision at the camp.
DHS 175.03(7)
(7) "Comminuted" means reduced in size by methods including chopping, flaking, grinding or mincing. Comminuted includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats.
DHS 175.03(8)
(8) "Department" means the Wisconsin department of health services.
DHS 175.03(9)
(9) "Easily cleanable" means readily accessible and fabricated of material and finish that allows residue to be completely removed by normal cleaning methods.
DHS 175.03(10)
(10) "Equipment" means, in connection with the operation of a food service facility at a camp, stoves, ranges, hoods, meat blocks, counters, refrigerators, sinks, ice-making machines, dishwashing machines, steam tables, blenders, meat grinders and slicers and similar items used to prepare or hold foods or to clean utensils.
DHS 175.03(11)
(11) "Existing camp" means operating with a permit first issued by the department or an agent before February 1, 2001.
DHS 175.03(12)
(12) "Family camping program" means that a parent or guardian or, if no parent or guardian is available, another adult relative with whom the child resides is supervising his or her own children at a camp.
DHS 175.03(14)
(14) "Hot water" means water at a temperature of 110°F. (43°C.) or higher.
DHS 175.03(15)
(15) "New building" means a building first available for occupancy on or after February 1, 2001.
DHS 175.03(16)
(16) "New camp" means operating with a permit first issued by the department or an agent on or after February 1, 2001.
DHS 175.03(17)
(17) "Operator" means the owner of a camp or the person responsible to the owner for the operation of the camp.
DHS 175.03(18)
(18) "Person" means a partnership, association, firm, company, corporation, organization, municipality, county, town or state agency, whether the tenant, owner, lessee or licensee, or the agent, heir or assignee of any of these.
DHS 175.03(19)
(19) "Potentially hazardous food" means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. "Potentially hazardous food" does not include foods that have a pH of 4.6 or below or a water activity
(aw) value of 0.85 or less.
DHS 175.03(20)
(20) "Premises" means the tract or tracts of land on which a camp is located and all buildings on that land.
DHS 175.03(21)
(21) "Primitive camping area" means a portion of a camp or other site under the control of the person owning or operating a camp, at which site the basic needs for the operation of a camp, such as sleeping accommodations, a water supply system, permanent toilet facilities and permanent culinary facilities, are not usually available.
DHS 175.03(22)
(22) "Privies" mean structures not connected to a plumbing system that are used by persons for the deposit of human body wastes.
DHS 175.03(22m)
(22m) "Recreational and educational camp" has the meaning prescribed for "camp."
DHS 175.03(24)
(24) "Sanitize" means effective bactericidal treatment of the clean surfaces of equipment or utensils by a process that has been approved by the department as being effective in destroying micro-organisms, including pathogens.
DHS 175.03(25)
(25) "Tempered water" means water ranging in temperature from 85°F. (29°C.) to less than 110
°F. (43°C.).
DHS 175.03(26)
(26) "Utensil" means any kitchenware, tableware, glassware, cutlery, container or similar item with which food or drink comes into contact during storage, preparation or serving.
DHS 175.03(27)
(27) "Water activity" means any aquatic pursuit, including swimming, boating, canoeing or water skiing.
DHS 175.03(28)
(28) "Wholesome" means in sound condition, clean, free from adulteration and otherwise suitable for use as human food.
DHS 175.03 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-073: renum. from HFS 175.03 and am. (8)
Register January 2009 No. 637, eff. 2-1-09; corrections in (3) and (23) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 175.04
DHS 175.04
Plan consultation. An operator may consult with the department or its agent before beginning construction of a camp or modifications to an existing camp. The operator may submit plans and specifications for a new or expanded camp, as it relates to this chapter, to the department or its agent for review and comment before beginning construction or modifications.
DHS 175.04 Note
Note: Operators should also consult the Wisconsin department of safety and professional services building code, chs.
SPS 361 to
365, and county zoning regulations before beginning construction or modification.
DHS 175.04 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-073: renum. from HFS 175.04
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.05(1)(a)(a) No camp may be opened to the public until the operator of the camp has obtained a permit from the department or its agent by submitting an application under
sub. (4) and paying the applicable fee specified under
s. DHS 175.06. A separate permit is required for each camp.
DHS 175.05 Note
Note: Local health departments that are agents for the department have authority under s.
254.69 (2) (d), Stats., to establish and collect fees for permits issued by the local health department. If your establishment was permitted by a local health department, contact the local health department for its permit fee schedule.
DHS 175.05(1)(b)
(b) If a permit holder sells or otherwise transfers ownership or operation of a camp to another person, except as provided in
sub. (3), a new initial permit is required, and the camp may not be opened to the public until the department has issued a new permit.
DHS 175.05(2)(a)(a) Each permit issued under this chapter expires on June 30, except that a permit initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.
DHS 175.05(3)(a)(a) An individual may transfer a permit to an immediate family member, as defined in s.
254.64 (4) (a) 2, Stats., if the individual is transferring operation of the camp.
DHS 175.05(3)(b)
(b) An individual may transfer a permit to an immediate family member, as defined in s.
254.64 (4) (a) 2., Stats., if the individual is transferring operation of the camp A sole proprietorship that reorganizes as a business entity, as defined in s.
179.70 (1), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit to the newly formed business entity or sole proprietorship if the hotel, motel or tourist rooming house remains at the location for which the permit was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity. Except as provided in this subsection, no permit issued under this chapter is transferable from one premise to another or from one person or entity to another.
DHS 175.05 Note
Note: Under s.
254.64 (4) (a) 2., Stats., "Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under s.
254.64 (4) (a) 1. and s.
179.70 (1), Stats., a "business entity" means: a corporation, as defined in s.
180.0103 (5), Stats., a limited liability company, as defined in s.
183.0102 (10), Stats., a limited partnership, or a corporation, as defined in s.
181.0103 (5), Stats., a foreign limited liability company, as defined in s.
183.0102 (8), Stats., a foreign limited partnership, a foreign corporation, as defined in s.
180.0103 (9), Stats., or a foreign corporation, as defined in s.
181.0103 (13), Stats.
DHS 175.05(3)(c)
(c) Except as provided in this subsection, no permit issued under this chapter is transferable from one premise to another or from one person or entity to another.
DHS 175.05(4)(a)(a)
Initial permit. Application for an initial or new permit shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following:
DHS 175.05(4)(a)2.
2. Documentation that the department of safety and professional services has approved plans and specifications for the camp, if required.
DHS 175.05(4)(a)3.
3. Information, as determined by the department or its agent, indicating that the camp will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the camp that will protect the health, safety, and welfare of the public.
DHS 175.05 Note
Note: To obtain a copy of the application form for a permit to operate a camp or to determine which agent to contact for an application form, write or phone: Bureau of Environmental and Occupational Health (BEOH), P.O. Box 2659, Madison, Wisconsin 53701-2659 (608-266-2835). You may also contact the BEOH at
www.dhs.wi.gov/fsrl.
DHS 175.05(4)(b)
(b)
Renewal permit. To renew a permit, the operator shall pay the department, the applicable permit fee specified under
s. DHS 175.06 before the permit expires. If the payment to renew the permit is not made to the department before the expiration date of the permit, the late fee specified under
s. DHS 175.06 (2) (c) shall be paid in addition to the permit fee.
DHS 175.05 Note
Note: Local health departments that are agents for the department have authority under s.
254.69 (2) (d), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.
DHS 175.05(5)(a)(a) The department or its agent shall issue or deny a permit within 30 days after receiving a complete application, all applicable fees, and the other information required under
sub. (4).
DHS 175.05(5)(b)
(b) Except as provided in ss.
250.041 and
254.115, Stats., the initial issuance, renewal or continued validity of a permit issued under this subsection may be conditioned upon the requirement that the permit holder correct a violation of this chapter, s.
254.47, Stats., or ordinances adopted under s.
254.69 (2) (g), Stats., within a period of time specified. If the condition is not met within the specified time or after an extension of time approved by the department, the permit is void. No person may operate a camp after a permit has been voided under this paragraph, and any person who does so shall be subject to the penalties under s.
254.47 (3), Stats. An operator whose permit is voided under this paragraph may appeal the decision under
s. DHS 175.09.
DHS 175.05(5)(c)
(c) The department or its agent may refuse to issue or renew a permit to operate a camp under any of the following circumstances:
