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.
DHS 175.07(3)(b)1.1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in
par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
DHS 175.07(3)(b)2.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in
subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
DHS 175.07(3)(c)
(c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in
par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
s. DHS 175.09 (2). The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 175.09 within 15 days after issuance of the notice.
DHS 175.07(3)(d)
(d) Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, under s.
254.85 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture under
s. DHS 175.09.
DHS 175.07 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.08
DHS 175.08
Suspension or revocation of permit. The department may, after a hearing under
s. DHS 175.09, suspend or revoke a permit for violation of s.
254.47, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under
s. DHS 175.09.
DHS 175.08 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.09
DHS 175.09
Appeals of actions by the department. DHS 175.09(1)(a)
(a) Except as provided in
sub. (2) or
(3), a request for a hearing for denial of a permit, a voided permit, suspension, revocation, forfeiture, or an order given under
s. DHS 175.07 (1) (b) 4. or
(2) shall be submitted in writing to the department of administration's division of hearings and appeals within 15 days after receipt of the notice of the department's action.
DHS 175.09(1)(b)
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
DHS 175.09(1)(c)
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
DHS 175.09(1)(d)
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
DHS 175.09 Note
Note: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
DHS 175.09(1)(e)
(e) As a condition for requesting a hearing under this subsection to appeal the voiding of a permit, an applicant or operator shall comply with
sub. (3). In an appeal concerning voiding a permit, the burden is on the applicant or operator to show that the entire applicable fees, late fees and processing charges have been paid.
DHS 175.09(2)
(2) A request for hearing on a temporary order given by the department under
s. DHS 175.07 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
DHS 175.09(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 175.09 Note
Note: A request for a hearing under sub. (2) may be submitted by mail or hand-delivered to the Department of Health Services, at 1 W. Wilson St., Room 650, P.O. Box 7850, Madison, WI, 53707-7850, or faxed to the Department at (608) 266-7882. The hearing may be conducted by the department secretary, the secretary's designee, or a hearing examiner under s.
227.43 (1) (bu), Stats.
DHS 175.09(3)
(3) If the department voids a permit under
s. DHS 175.05 (6), the operator shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
DHS 175.09 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.10
DHS 175.10
Appeals of actions by agent health departments. If an agent issues a permit under this chapter, the agent shall create enforcement and appeal procedures under ss.
66.0417 and
254.69 (2) (g), Stats.
DHS 175.10 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.11(1)
(1) Every camp shall be located on a well-drained site not subject to flooding. The premises shall be properly graded to prevent the accumulation of storm or other waters that may create hazards to the property or to the health and safety of the occupants. No camp may be located in an area that is situated so that drainage from any source of filth, such as garbage or animal waste disposal, can be deposited on the site.
DHS 175.11 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.
DHS 175.11(2)
(2) Livestock may not be permanently quartered closer than 500 feet from central and unit cooking, dining or camper sleeping quarters.
DHS 175.11 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-073: renum. from HFS 175.06
Register January 2009 No. 637, eff. 2-1-09.
DHS 175.12(1)(a)(a)
General. A water supply that is safe for human consumption shall be available at every camp.
DHS 175.12(1)(b)
(b)
Privately owned wells. A privately owned well is permitted as a source of water. The well shall be located on the premises and shall be constructed and the pump installed in accordance with
ch. NR 812 governing well drilling and pump installation. All drinking water shall comply with the applicable water quality standards in
ch. NR 809. Prior to the start of the season, or annually for a year-round camp, the operator shall submit a water sample taken from the plumbing distribution system to a laboratory certified under
ch. DHS 165 for bacteriological analysis. If requested by the department or its agent, the operator shall submit a copy of the report giving the results of the analysis to the department or its agent. A camp served by more than one well shall submit a sample from each well annually. Whenever bacteriologically safe water cannot be obtained under the requirements of
ch. NR 809 from a well constructed in apparent compliance with
ch. NR 812, as evidenced by laboratory reports, the well shall be reconstructed or a new well constructed in accordance with the requirements of
ch. NR 812. If reconstruction or new construction is determined to be impractical or ineffective, the use of the well shall be discontinued and water shall be transported on a temporary basis from a source and in a manner approved by the department.
DHS 175.12 Note
Note: Bottles for the collection of water samples may be obtained by writing to the State Laboratory of Hygiene, P.O. Box 7996, Madison, WI 53707-7996, or by calling 1-800-442-4618. Use of any private or public laboratory certified by the Department of Agriculture, Trade and Consumer Protection is acceptable to satisfy the requirement.
DHS 175.12(1)(c)
(c)
Containers for transporting drinkable water. Containers for transporting water for human consumption shall be labeled and easily distinguishable from other containers and shall be constructed of a food grade material that does not allow the migration of deleterious substances or impart colors, odors or tastes and is easily cleanable. Water containers shall be cleaned and sanitized between uses.
DHS 175.12(2)
(2) Drinking facilities. Drinking fountains of a type approved by the department or an individual drinking cup shall be provided and shall be kept in a sanitary condition. Common drinking cups are prohibited.
DHS 175.12(3)(a)(a) All plumbing shall comply with the requirements of
chs. SPS 382 and
384 that apply to recreational and educational camps.
DHS 175.12(3)(b)
(b) Air gaps or approved devices to prevent backflow shall be provided on all water supply outlets.
DHS 175.12 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; correction in (1) (b) made under s. 13.93 (2m) (b) 7. Stats.,
Register May 2002 No. 557;
CR 08-073: renum. from HFS 175.07
Register January 2009 No. 637, eff. 2-1-09; correction in (1) (b) made under s. 13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637; correction in (3) (a) made under s. 13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 175.13(1)
(1)
Sewage. Sewage, including all liquid and water-carried wastes from sinks, bathing and toilet facilities, may not discharge onto the ground surface.
DHS 175.13(2)
(2) Plumbing fixtures. All plumbing fixtures shall be connected to the building drainage system, and shall discharge to a public sewer or private sewage disposal system.
DHS 175.13(3)
(3) Public sewer. When a public sewer facility is available to the camp, connection and use are required.
DHS 175.13(4)(a)(a) A private sewage system, as defined in s.
145.01 (12), Stats., is permitted when a public sewer facility is not available to the camp. The system shall be located, designed, constructed and operated in accordance with
chs. SPS 382,
383 and
384.
DHS 175.13 Note
Note: See s.
145.195, Stats., regarding building on unsewered property.
DHS 175.13(4)(b)
(b) A failing private sewage system shall be corrected or its use discontinued. A failing private sewage system has the meaning given in s.
145.245 (4), Stats.
DHS 175.13 Note
Note: Under s.
145.245 (4), Stats., a failing private sewage system is one that causes or results in any of the following conditions: (a) the discharge of sewage to surface water or ground water; (b) the introduction of sewage into zones of saturation which affects the operation of a private sewage system; (c) the discharge of sewage to a drain tile or into zones of bedrock; (d) the discharge of sewage to the surface of the ground; (e) the failure to accept sewage discharges and back up of sewage into the structure served by the private sewage system.
DHS 175.13(4)(c)
(c) A camp shall submit plan and installation details for the design and construction, alteration or extension of a private sewage disposal system to the Wisconsin department of safety and professional services or its designated agent for approval and shall acquire a sanitary permit before altering or extending the private sewage disposal system.
DHS 175.13 Note
Note: Local jurisdictions may require additional approvals.
DHS 175.13 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-073: renum. from HFS 175.08
Register January 2009 No. 637, eff. 2-1-09; corrections in (4) (a) and (c) made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register January 2012 No. 673.
DHS 175.14
DHS 175.14
Toilet and shower facilities. DHS 175.14(1)(a)(a) A camp shall provide a minimum of one toilet and one handwash facility for every 10 campers and staff or fraction thereof. Urinals may be substituted for up to ½
of the required number of toilets for males.
DHS 175.14(1)(b)
(b) Separate toilet rooms shall be provided and marked for each sex.
DHS 175.14(1)(c)
(c) Toilet rooms shall be well-ventilated and well-lighted, and shall comply with the requirements of
chs. SPS 361 to
365.
DHS 175.14(1)(d)
(d) Toilet rooms shall be located within 400 feet of lodging units and shall provide for privacy. Toilet room doors shall have self-closing devices.
DHS 175.14(1)(e)
(e) Privies shall be constructed in accordance with
chs. SPS 361 to
365 and
391 and shall be approved by the department and maintained in good repair.
DHS 175.14(1)(f)
(f) A minimum of one shower or bathtub shall be provided for every 20 campers and staff or fraction thereof.
DHS 175.14(1)(g)
(g) Tempered water shall be provided at all handwash sinks in all rooms having flush toilets and at all shower or bathing facilities.
DHS 175.14(1)(h)
(h) Carpeting is prohibited in toilet rooms and shower and bathing facilities.
DHS 175.14(2)
(2) Toilets and bathing facilities for people with physical disabilities. The construction and accessibility of toilets, toilet rooms, toilet buildings and bathing facilities shall comply with
ch. SPS 362.
DHS 175.14 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01; corrections in (1) (c), (e), and (2) were made under s. 13.93 (2m) (b) 7., Stats.,
Register May 2002 No. 557;
CR 08-073: renum. from HFS 175.09
Register January 2009 No. 637, eff. 2-1-09; corrections in (1) (c) and (e), (2) made under s. 13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 175.15(1)(a)(a) Garbage and refuse shall be kept in durable, easily cleanable, insect resistant, leak-proof and nonabsorbent containers. Plastic bags may be used to line these containers and may be used for inside storage.
DHS 175.15(1)(b)
(b) Containers for garbage and refuse used in food preparation and in areas used for washing utensils shall be kept covered or closed when not in use and emptied at a frequency that minimizes the development of objectionable odors and other conditions that attract or harbor insects and rodents.
DHS 175.15(1)(c)
(c) Containers stored outside as well as dumpsters, compactors and compactor systems shall be easily cleanable, provided with tight-fitting lids, doors or covers and kept covered or closed when not in use. In containers designed with drains, drain plugs shall be in place at all times, except during cleaning.
DHS 175.15(1)(d)
(d) A camp shall have a sufficient number of containers to hold its garbage and refuse until disposal.
DHS 175.15(1)(e)
(e) Soiled containers shall be cleaned on a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils or food preparation areas.
DHS 175.15(2)(a)(a) Garbage and refuse stored inside shall be stored in a manner to make them inaccessible to insects and rodents. Outside storage of unprotected plastic bags or wet-strength paper bags or baled units containing garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or food wastes need not be stored in covered containers.
DHS 175.15(2)(b)
(b) Garbage or refuse storage rooms, if used, shall be constructed of easily cleanable, nonabsorbent materials, shall be kept clean, shall be insect-proof and rodent-proof and shall be large enough to store the garbage and refuse containers that accumulate.
DHS 175.15(2)(c)
(c) Outdoor storage areas or enclosures shall be large enough to store the garbage and refuse containers that accumulate and shall be kept clean.
DHS 175.15(2)(d)
(d) Recyclables and returnables shall be stored in a clean and sanitary manner to prevent insect and rodent attraction.
DHS 175.15(3)(a)(a) Garbage and refuse shall be disposed of often enough to prevent odor and attracting insects and rodents.
DHS 175.15(3)(b)
(b) Solid waste disposal sites on the premises shall comply with
chs. NR 500 to
538 and shall be licensed by the Wisconsin department of natural resources.
DHS 175.15 History
History: Cr.
Register, January, 2001, No. 541, eff. 2-1-01;
CR 08-073: renum. from HFS 175.10
Register January 2009 No. 637, eff. 2-1-09; correction in (3) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register February 2010 No. 650.
DHS 175.16
DHS 175.16
Food preparation and service. DHS 175.16(1)(a)(a) The preparation and service of food and the equipment required for that purpose at camp dining halls, commissary operations and concession stands shall comply with
ch. DHS 196.
DHS 175.16 Note
Note: Chapter
DHS 196 is the Department's administrative rules relating to restaurants.
DHS 175.16(1)(b)
(b) Food preparation and handling in primitive camping areas shall comply with the requirements in
sub. (4).
DHS 175.16(2)
(2) Knowledge of food protection practices. Beginning one year after February 1, 2001, the operator or at least one manager of the food service facility at each camp shall have a certificate issued by the department stating the operator or manager has passed a department-approved written examination on food protection practices in compliance with the requirements of chapter 12 of the appendix to
ch. DHS 196.
