DHS 178.07(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 campground at any reasonable time, for any of the following purposes:
DHS 178.07(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the campground.
DHS 178.07(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 178.07(1)(b)1.1. The department or its agent may reinspect a campground 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 campground.
DHS 178.07(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
DHS 178.07(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table DHS 178.06 A or B, or applicable charges as determined by an agent of the department.
DHS 178.07(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 an additional reinspection fee according to Table DHS 178.06 A or B as authorized under
s. DHS 178.06 (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 178.08.
DHS 178.07(2)(a)(a) If upon inspection of a campground, the department or agent finds that the campground 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 178.07(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 178.08 to suspend or revoke the permit to operate the campground.
DHS 178.07(2)(c)
(c) 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 178.09.
DHS 178.07(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 178.07(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 178.07(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 178.07(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 178.07(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 178.07(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 178.09. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 178.09 within 15 days after issuance of the notice.
DHS 178.07(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 178.09.
DHS 178.07 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 178.08
DHS 178.08
Suspension or revocation of permit. The department may, after a hearing under
s. DHS 178.09, 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 178.09 (1).
DHS 178.08 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 178.09
DHS 178.09
Appeals of actions by the department. DHS 178.09(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 178.07 (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 178.09(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 178.09(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 178.09(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 178.09 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 178.09(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 178.09(2)
(2) A request for hearing on a temporary order given by the department under
s. DHS 178.07 (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 178.09(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 178.09 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 178.09(3)
(3) If the department voids a permit for failure to pay fees under
s. DHS 178.05 (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 178.09 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 178.10
DHS 178.10
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 178.10 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 178.11(1)(1)
Site designation. Each designated campsite shall be clearly marked and numbered on a sign at each site, except at special event campgrounds, and on a map available to all campground occupants. There shall be a minimum separation of 10 feet between campsites.
DHS 178.11(2)
(2) Attachment prohibited. A camping unit may not be placed or attached onto a permanent foundation or a permanent structure at the campsite, except that attachment to an approved sewage disposal system or to an approved water supply system is permitted.
DHS 178.11(3)
(3) Location. Camping units may be located only in an area of a campground which is not subject to the accumulation of storm water or other surface water.
DHS 178.11 Note
Note: The location of campsites and facilities with regard to flood plains and shore land areas must comply with local zoning ordinances and with ch.
NR 115 and s.
NR 116.12 (2) (b), rules of the department of natural resources.
DHS 178.11(4)
(4) Density. Density of campers and campsites may not exceed:
DHS 178.11(4)(a)
(a) For an individual campsite, 6 campers or an individual family;
DHS 178.11(5)
(5) Roadways. Where internal roads are provided, they shall be graded and maintained to provide drainage and control dust.
DHS 178.11(6)
(6) Access. Access to a campground shall be designed to minimize congestion and hazards at the entrance and exit.
DHS 178.11(7)
(7) Multiple unit sites. An individual campsite may be occupied by more than one camping unit provided that the site is large enough to contain the additional unit or units with a separation of at least 10 feet between units and provided that the total number of occupants at the multiple unit campsite does not exceed 6 campers unless they are members of an individual family.
DHS 178.11 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92;
CR 08-073: renum. from HFS 178.06
Register January 2009 No. 637, eff. 2-1-09.
DHS 178.12(1)(a)(a) Outlets. For campgrounds the plans and specifications for which are approved under
s. DHS 178.04 on or after September 1, 1992, an outlet supplying water which is under pressure and which is safe for human consumption shall be located not more than 400 feet from any individual campsite and not within 50 feet of a sanitary station. Water which is safe for human consumption shall be available for users of group campsites.
DHS 178.12(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, rules of the department of natural resources 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-around campground, the operator shall submit a water sample taken from the plumbing distribution system to a laboratory certified under
ch. ATCP 77 for bacteriological analysis, and a copy of the report giving the results of the analysis shall be made available to the department or its agent upon request. A campground served by more than one well shall submit a sample from each well annually. Whenever bacteriologically safe water cannot be obtained consistently 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 is found to be 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 178.12 Note
Note: Bottles for collection of water samples may be obtained by writing to the State Laboratory of Hygiene, 465 Henry Mall, Madison, WI 53706, or by calling 1-800-442-4618. Use of any private or public certified laboratory is acceptable to satisfy the requirement.
DHS 178.12(2)
(2) Individual water connections. Plans for any water distribution system shall be approved by the department of safety and professional services or its designated agent. If facilities for individual water service connections for camping units are provided, the following standards shall apply:
DHS 178.12(2)(a)
(a) Water riser pipes shall extend at least 18 inches above ground elevation with the outlet directed downward;
DHS 178.12(2)(b)
(b) Adequate provision shall be made to prevent freezing of service lines, valves or riser pipes;
DHS 178.12(2)(d)
(d) Approved devices to prevent backflow shall be provided on all outlets; and
DHS 178.12 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92; corrections in (1) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1995, No. 469; correction in (1) (b) made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1998, No. 512;
CR 08-073: renum. from HFS 178.07
Register January 2009 No. 637, eff. 2-1-09; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637; corrections in (2) (intro), (c), (e) made under s. 13.92 (4) (b) 6., 7., Stats.,
Register January 2012 No. 673.
DHS 178.13(1)
(1)
General. If a campground requires a sewage system and a public sewer facility is available to the campground, connection and use are required.
DHS 178.13 Note
Note: See SPS 383.03 (2), Public Sewer Connection.
DHS 178.13(2)(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 campground. The system shall be located, designed, constructed and operated in accordance with
chs. SPS 382,
383, and
384.
DHS 178.13 Note
Note: See s.
145.195, Stats., regarding building on unsewered property.
DHS 178.13(2)(b)
(b) A failed on-site private waste disposal system shall be corrected or its use discontinued. A failed system has the meaning prescribed for"failing private sewage system" under s.
145.245 (4), Stats.
DHS 178.13(2)(c)
(c) A plan and installation details for the design and construction, alteration or extension of a private sewage disposal system shall be submitted to the department of industry, labor and human relations or its designated agent for approval before construction or the work of altering or extending the private sewage disposal system is begun.
DHS 178.13 Note
Note: Local jurisdictions may require additional approvals.
DHS 178.13(2)(d)
(d) All plumbing fixtures shall be connected to the building drainage system, with discharge to a public sewer or private sewage disposal system.
DHS 178.13(2)(e)
(e) Sewage, which includes all liquid and water-carried wastes from sinks, bathing and toilet facilities, may not discharge onto the ground surface.
DHS 178.13(2)(f)
(f) Containers installed outside of a camping unit and used to receive the discharge from its toilet, shower, bathing and sink facilities may be accepted by the department if approved by the department of industry, labor and human relations. Containers shall be emptied as often as necessary so as not to create a nuisance. Wastewater shall be disposed of in a manner approved by the department.
DHS 178.13 History
History: Cr.
Register, August, 1992, No. 440, eff. 9-1-92;
CR 08-073: renum. from HFS 178.08
Register January 2009 No. 637, eff. 2-1-09; correction in (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 178.14(1)(a)(a) Separate toilet rooms shall be provided for each sex and shall be available at all times while the campground is occupied by dependent camping units. Vault toilets or other approved outdoor toilet units are permitted. Vault toilets shall be constructed in accordance with the outdoor toilet requirements in
s. SPS 362.2900 and
ch. SPS 391 and shall be maintained in good repair. All toilet rooms shall be fly-tight, vermin-proof and constructed with impervious floors, seat risers and seats. Doors shall have self-closing devices.
DHS 178.14(1)(b)
(b) No vault toilet may be located within 75 feet of an individual campsite or a building used for human occupancy.
DHS 178.14(1)(c)
(c) Each toilet shall be enclosed in a separate compartment equipped with a privacy lock.
DHS 178.14(2)
(2) Toilets for people with physical disabilities. The construction of toilets, toilet rooms and toilet buildings, and their accessibility, shall comply with
ch. SPS 362.
