GERMANE MODIFICATIONS-July 24, 2015
ORDER OF
DEPARTMENT OF HEALTH SERVICES
TO ADOPT PERMANENT RULES
The Wisconsin Department of Health Services hereby proposes to repeal and recreate ch. DHS 178, relating to campgrounds and affecting small businesses. RULE SUMMARY
Statute interpreted
See the “Statutory authority” section.
Statutory authority
Explanation of agency authority
Section 227.11 (2) (a), Stats., permits an agency to promulgate rules interpreting the provisions of any statute enforced or administered by the agency if the agency considers it necessary to effectuate the purpose of the statute. Section 250.04 (1), Stats., authorizes the department to enter upon and inspect private property, to execute what is reasonable and necessary for the prevention and suppression of disease, to investigate the cause and circumstances of any special or unusual disease or mortality, to inspect any public building, and to do any act necessary for investigation. Section 250.04 (7), Stats., authorizes the department to promulgate and enforce rules and issue and enforce orders governing the duties of all local health officers and local boards of health and relating to any subject matter under the department’s supervision that are necessary to provide efficient administration and to protect health. Section 254.47 (1), Stats., authorizes the department to issue permits to and regulate campgrounds, as defined under rules. Section 254.47 (1m), Stats., requires the department to conduct a preinspection before a permit is granted to a person intending to operate a new campground or to a person intending to be the new operator of an existing campground. Section 254.47 (4), Stats., requires the department to establish by rule, permit fees, preinspection fees, reinspection fees, fees for operating without a permit, and late fees for untimely permit renewal. Section 254.69 (2) (am) and (d), Stats., authorizes the department to grant agent status to certain local health departments for issuing permits to and making investigations or inspections of campgrounds and allows local health departments with agent status to establish separate fees for licensure, including fees for preinspections. Section 254.85 (1) and (2), Stats., authorizes the department to enter the premises of campgrounds to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed for enforcement of rules or statutes and to issue orders to protect the public health safety and welfare. Section 254.86, Stats., authorizes the department to suspend, revoke, or refuse to issue a permit required under s. 254.47, Stats. Related statute or rule
The department of safety and professional services has rules that relate to campgrounds when campgrounds build commercial buildings (chs. SPS 314, and 361to 365; build one or two family dwelling structures (chs. SPS 321to 325); install plumbing systems (chs. SPS 381 to 385); install privies or portable toilets (ch. SPS 391) or install a manufactured home community (ch. SPS 326). The department of natural resources has rules that relate to campgrounds installed in or near floodplains (ch. NR 116) and rules relating to the installation of wells (chs. NR 809, 811, and 812). Plain language analysis
This proposed order repeals and recreates ch. DHS 178, relating to campgrounds. The purpose of the proposed rules is to clarify and update existing rules to respond to the changes that have occurred in the campground industry over the 36 years since ch. DHS 178 was created in 1978. The differences between the existing rules and current developments and practices in the campground industry make it difficult for a campground (operator) and department and agent health inspectors to implement and comply with existing rules. The proposed rules update existing rules relating to safe drinking water; wastewater disposal; garbage disposal; fire prevention; and injury prevention to minimize the risk of death, illness, injury or disease of campers and the public at large that use private and publicly owned campgrounds.
In addition to updating existing rules, the proposed rules are organized to increase readability and interpretation through use of plain language and better and more defined terms. The updated language also make it clear that the regulatory authority for water safety and plumbing and construction standards for campground structures, including toilet and shower facilities, operator-provided camping units, and add-ons such as porches and decks, is the department of natural resources and the department of safety and professional services respectively.
Summary of, and comparison with, existing or proposed federal regulations
There appear to be no existing or proposed federal regulations that address state campgrounds.
Comparison with rules in adjacent states
Regulations in Illinois, Iowa, Michigan, and Minnesota relating to campgrounds are similar to the department’s existing and proposed regulations in terms of public health, safety, and welfare. The proposed rules and the regulations in each of the adjacent states include basic public health provisions that help protect the safety of campers and the general public. These basic requirements include the following: campground siting provisions; the availability of safe and conveniently available water supply; wastewater disposal; garbage disposal; insect and rodent control; fire prevention and safety; and availability of toilet fixtures and shower facilities. Below are specific similarities and differences between the department’s proposed rules and the rules of adjacent states.
Illinois:
[Title 77 Ill. Adm. Code 800 (July 24, 2013)]
Similarities: Illinois requires an emergency number to be posted; a 10 foot distance between a camping unit and an open fire; injury reporting; campground plan reviews; numbers of toilets based on number of campsites; handwash sinks where water carriage toilets are installed; requirements for campground equipment maintenance; garbage containers to be within 250 feet of a campsite; has language for camping cabins including sleeping room square footage, minimum ceiling height, windows, lighting, multiple exits and smoke alarms; and has similar rules for fish cleaning houses.
Differences: Illinois campground regulations do not require permits for special event campgrounds or soap and single use toweling for sinks. Illinois does require campgrounds to have a first aid kit, requires efforts to maintain the stability of garbage containers, and requires toilets in campground marinas.
Iowa:
Iowa regulations relating to campgrounds only apply to state owned and operated campgrounds. Iowa Administrative Code 571 governs these state park campgrounds.
Michigan:
[Mich. Adm. Code R. 325.1551-325.1599 (July 24, 2013)]
Similarities: Michigan requires approvals for changes to existing campsites; specifies a maximum density per acre and per campsite; specifies distance requirement between camping units; requires signage indicating the location of the emergency phone; specifies a toilet to campsite ratio; specifies a 20 feet width requirement for campsites; and requires that buildings meet applicable construction codes.
Differences: Michigan does not allow campgrounds to be located on completed landfills; requires campgrounds to have a designated campground manager; specifies a campsite to parking space ratio; requires backup toilets for sewered campsites; and does not have rules relating to campground rental units or fish or game cleaning stations.
Minnesota:
