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:
DHS 175.05(5)(c)1.
1. The department or its agent has not conducted a preinspection of a camp for which an initial or new permit is required under
sub. (1).
DHS 175.05(5)(c)2.
2. The operator of a camp has not corrected a condition for which the department or agent has issued a written health or safety–related order.
DHS 175.05(5)(c)3.
3. All applicable fees under
s. DHS 175.06 have not been paid, including the permit fee, preinspection fee, reinspection fee, or other applicable fees.
DHS 175.05(5)(c)4.
4. The operator has modified, repaired or maintained the camp in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.
DHS 175.05(5)(c)5.
5. The operator, applicant, or permit holder has failed to provide the department or its agent with information required under
sub. (4).
DHS 175.05(5)(c)6.
6. The operator or applicant has violated
ch. 254, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the camp.
DHS 175.05(5)(d)
(d) If the department or its agent denies an application for a permit, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under
s. DHS 175.09.
DHS 175.05(6)
(6) Voided permit for failure to pay fees. If an applicant or operator fails to pay all applicable fees, late fees and processing charges under
s. DHS 175.06 within 15 days after the applicant or operator receives notice of an insufficiency under
s. DHS 175.06 (3), or within 45 days after the expiration of the permit, whichever occurs first, the permit is void. An operator whose permit is voided under this subsection may appeal the decision under
s. DHS 175.09. In an appeal concerning a voided permit under this subsection, the burden is on the permit applicant or operator to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the camp is deemed to be operation without a permit and is subject to the fees under
s. DHS 172.06 (1) (e) in addition to the fees otherwise due, unless the applicant or operator meets its burden of proof under this subsection.
DHS 175.05(7)
(7) Permit posting. A current permit from the department shall be posted in a place visible to the public. A permit may not be altered or defaced.
DHS 175.05 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 01-016: am. (3) (a)
Register May 2002 No. 557, eff. 6-1-02;
CR 08-073: renum. from HFS 175.05, r. and recr.
Register January 2009 No. 637, eff. 2-1-09; correction in (6) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637; correction in (4) (a) 2. made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
DHS 175.06(1)(1)
Fee schedules. The fees listed in Table DHS 175.06 A shall apply to permits issued from April 1, 2009 through March 31, 2011. The fees listed in Table DHS 175.06 B shall apply to permits issued on or after April 1, 2011.
DHS 175.06 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 175.06(2)(a)(a)
Preinspection fee. The operator of a camp shall, pursuant to
sub. (1), pay the applicable preinspection fee listed in Table DHS 175.06 A or B to the department before an initial or new permit is issued under
s. DHS 175.05.
DHS 175.06(2)(b)
(b)
Permit fee. The operator of a camp shall,
sub. (1), pay the applicable permit fee listed in Table DHS 175.06 A or B to the department for each camp that the operator applies for a permit to operate under
s. DHS 175.05.
DHS 175.06(2)(c)
(c)
Late fee. If the permit fee for a permit renewal is not paid before the expiration date of the permit, the operator of the camp shall pay to the department a late fee of $85.00 in addition to the renewal permit fee.
DHS 175.06(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of a camp under
s. DHS 175.07 (1) (b), the operator shall, pursuant to
sub. (1), pay to the department the applicable reinspection fee listed in Table DHS 175.06 A or B. The department shall assess an additional reinspection fee as listed in Table DHS 175.06 A or B, whichever is applicable, for any additional re-inspection conducted under
s. DHS 175.07 (1) (b) 4.
DHS 175.06(2)(e)
(e)
Fees for operating without a permit. Any camp found to be operating without a permit shall pay to the department a fee of $749.00, in addition to all applicable fees and any processing charges under section.
DHS 175.06 Note
Note: Anyone operating a camp without a permit is also subject to a fine of not less than $25 nor more than $250 under s.
254.47 (3), Stats.
DHS 175.06(2)(f)
(f)
Duplicate permit. The department shall charge the operator a camp $15 for a duplicate permit.
DHS 175.06(2)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's permitting and licensing responsibilities, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.
DHS 175.06(3)
(3) Method of payment. If the payment for an initial or renewal permit is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under
sub. (1) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
-
See PDF for table 
-
See PDF for table DHS 175.06 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.07(1)(a)(a)
Inspections. Under ss.
254.69 (2) and
254.85 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any camp at any reasonable time, for any of the following purposes:
DHS 175.07(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the camp.
DHS 175.07(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 175.07(1)(b)1.1. The department or its agent may reinspect a camp whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the camp.
DHS 175.07(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
DHS 175.07(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table DHS 175.06 A or B, or applicable charges as determined by an agent of the department.
DHS 175.07(1)(b)4.
4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the operator an additional reinspection fee as authorized under
s. DHS 175.06 (2) (d), and the department may order the operator to show just cause why the permit should not be suspended or revoked under
s. DHS 175.08.
DHS 175.07(2)(a)(a) If upon inspection of a camp, the department or agent finds that the camp is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.
DHS 175.07(2)(b)
(b) If the order to correct violations is not carried out by the expiration of the time period stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under
s. DHS 175.08 to suspend or revoke the permit to operate the camp.
DHS 175.07(2)(c)
(c) Under s.
254.47 (3), Stats., any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under
s. DHS 175.09.
DHS 175.07(3)(a)(a) As provided in s.
254.85, Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under
sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
DHS 175.07(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 175.07(3)(a)2.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
