Here are the same camps under the proposed license and fee model:
| Proposed Rec Ed Camp License “Bundled” Fee | Current Combined License Fees | Economic Impact |
Camp A= moderate with hospitality | $635 | $880 | Savings of $245 |
Camp B= complex with hospitality | $715 | $875 | Savings of $160 |
Camp operators will also incur the economic impact associated with newly proposed requirements for camp staff background checks, camp staff training, providing camper safety equipment, and inspection of challenge courses on camp premises. These requirements are consistent with industry standards. The challenge course inspection and staff background check frequency is proposed for every two years, rather than annually to ease the annual economic burden on small business. For a simple camp operation, the only additional cost would be for background checks. For example, a simple camp with 10 staff, would incur an additional annual cost of approximately $200. For more complex camp operations the following is a breakdown of the overall costs depending on the activities provided.
New camper safety provisions for proper protective headgear for campers and staff under 18 when a camp offers challenge course elements, horseback riding, or motorized vehicle usage would be approximately $150 per helmet based on industry stakeholder feedback.
Camps with aquatic program activities will save money going forward due to a clarification in the revised rule requirements for rescue poles at waterfront and on a rescue boat. An existing industry standard of an oar or paddle serving as a reaching pole in a rescue boat is now stated in the proposed revision. The revision also does not require a reaching pole at the waterfront since ch. ATCP 78 already requires lifeguard supervision and lifeguards are also required to carry rescue equipment to use in responding to distressed swimmers. New costs would be incurred by business operators in meeting new camper safety requirements in ch. ATCP 78. These costs include the cost of staff time and proper training for supervising specialized program activities, such as archery, horseback riding, firearms, and challenge course elements, and the costs of staff training in camper sexual abuse prevention, and medication administration. Having staff trained in these topics is considered industry best practice and is a voluntary standard of the American Camp Association. Trained adults can demonstrate competency by experience or documented training that can include certification. Examples of certification courses include:
Archery: National Archery School Program estimated cost of $150 per person
Firearms: Wisconsin department of natural resources hunting safety course $10 per person for traditional classroom instruction
Camper sexual abuse prevention: various camp insurance vendors, complimentary
Medication Administration: Wisconsin department of public instruction online module, complimentary
Challenge Course: ACCT Level 1 certification, $700 per person
Horseback riding: Certified Horsemanship Association estimated cost of $700 per personCamps that offer low element and high element challenge courses will bear the financial impact of newly proposed requirements for an on-site inspection of the elements and life safety equipment. These requirements may impose a biennial cost of $900-3,000 per camp that utilize activities such as aerial adventure and ropes courses, climbing walls, and zip lines. There is no other government agency responsible for the safe operation, inspection and upkeep of these challenge courses. Industry stakeholders shared they already pay for these inspections to meet insurance requirements.
Requirements for camp health services training qualifications will be more flexible under the revised rule. The proposed rule raises the EMS target response time from the existing 15 minutes up to the industry standard threshold of 30 minutes. The revised rule also reduces the required training for health services staff to only one or two basic first aid and cardiopulmonary resuscitation courses. This will save money and time spent on advanced cardiopulmonary resuscitation courses to meet the requirements of the existing rule.
Updates to ch. ATCP 78 also include the addition of provisions for written procedures that camp operators may follow to earn reduced inspection frequency. These proposed revisions are reflective of recently passed legislation. Meeting the new requirements would allow camp operators to demonstrate effective managerial control of public health hazards. The revised rule includes new requirements related to the hiring and maintaining of recreational and educational camp staff. This requirement already exists in most Wisconsin camps. The revised rule proposes performing a criminal background check, including a national sex offender search, for new hires and for existing staff every 24 months. The revised rule also requires camp staff to complete camper sexual abuse prevention training. The criminal background check requirement is estimated to cost $40 per camp staff member. As noted by various industry stakeholders, many insurance companies already offer free camper sexual abuse prevention training modules. The background checks, in combination with staff training, create a less conducive setting for potential offenders at Wisconsin camps serving youth and, by protecting camper health and safety, are consistent with the department’s mission to protect public health.
Regulatory partners, industry stakeholders and national and state level subject matter experts have all been part of this entire rule revision process through virtual communication methods concurrent with COVID-19 pandemic protocols. The department also provided rule revision status updates to various industry and regulatory association meetings over the last year. Stakeholders have all shared their eagerness for rule revision.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
See analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis section, above. CR 21-109 was presented to the Small Business Regulatory Review Board on Wednesday, March 30, 2022 using Microsoft Teams. Clarification was provided for camps that offer challenge courses inspection costs. The Department’s Regulatory Review Coordinator may be contacted by:
Telephone: (608) 224-5024
Department Contact Person
Caitlin Jeidy, Program and Policy Analyst – Advanced
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4696
Where and When Comments May Be Submitted
Questions and comments related to this this rule may be directed to:
Caitlin Jeidy, Program and Policy Analyst – Advanced
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4696
Comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled after this hearing draft rule is approved by the board of agriculture, trade and consumer protection.
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RULE TEXT
SECTION 1. ATCP 78 is repealed and recreated to read:
SUBCHAPTER I
DEFINITIONS, AUTHORITY AND PURPOSE
ATCP 78.01 Authority and purpose. This chapter is promulgated under the authority of ss. 93.07 (1), 97.67 (1) and (4), 97.30 (2) (a), 97.625, and 227.11 (2) (a), Stats., to prescribe rules for recreational and educational camps and hospitality activities for enforcement by the department and agent local health departments to protect public health and safety. ATCP 78.02 Scope. (1) APPLICABILITY. This chapter applies to the operators of recreational and educational camps and to the department and its agents.
(2) VARIANCES. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular camp, the department may approve a variance from that provision requested by that camp’s operator if the operator provides the department with satisfactory proof that the approval of the variance will not jeopardize the public’s health, safety, or welfare.
(3) PROCEDURE FOR VARIANCE REQUEST. (a) Application. Request for modification or waiver of a requirement of this chapter shall be submitted in writing to the department or its agent having jurisdiction along with documentation specified in par. (d).
(b) Local review. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval.
(c) Department action on a variance. On receipt of a complete variance request as specified in this section, the department shall review the request and grant or deny the request in writing within 30 working days. A variance approved by the department shall be made conditional for a defined period of time, or shall expire 5 years from the date of issuance. The department or its agent shall maintain a copy of the variance in the establishment’s inspection history file.
(d) Application contents. Documentation justifying a proposed variance from the requirements of this chapter shall include all of the following: 1. A statement of the proposed variance from this chapter requirement citing relevant chapter location numbers.
2. The rationale for how the potential public health hazards and nuisances addressed by the relevant chapter section will be alternatively addressed by the proposed variance.
(4) CONFORMANCE WITH AN APPROVED VARIANCE. If the department grants a variance as specified in sub. (2), the license holder shall meet all of the following requirements: (a) Conditions. Comply with the department’s conditions for the variance approval. P
(b) Records. Maintain a copy of the approved variance at the camp.
(5) TRANFERABILITY. An approved variance is not transferable to any other camp, entity, or licensee.
(6) REISSUANCE. (a) Request. A license holder who wishes to continue a variance after its expiration shall file a request with the department for reissuance of the variance at least 30 days prior to its expiration, unless permission for a later date has been granted by the department.
(b) Status of existing variance. When a license holder has made timely and sufficient application for the reissuance of a variance in reference to any activity of a continuing nature, the existing variance does not expire until the application has been finally acted upon by the department.
Note: To obtain a form for requesting a variance, email datcpdfrsrec@wisconsin.gov or contact the bureau of food and recreational businesses at (608) 224−4702 or PO Box 8911, Madison, Wisconsin 53708−8911. ATCP 78.03 Definitions. In this chapter:
(1)
“Adirondack shelter” means an open-fronted shelter having a roof that slopes backward. (2) “Adult” means a person 18 years of age or older.
(3) “Active (effective) managerial control” means the purposeful incorporation, monitoring, and verification of systems in a camp that proactively reduce the risk of safety and health hazards.
(4) “Agent” means a local health department as defined in s. 250.01 (4), Stats., that has entered into a contract with the department and is authorized under the terms of that contract to administer a retail food establishment, lodging, and recreational safety regulatory program, pursuant to ss. 97.41 and 97.615 (2), Stats., in the health department’s area of jurisdiction. (5) “Approved” means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
(6) “Aquatic program activity” means any recreational or instructional activity occurring in or on a natural or man-made body of water. Aquatic program activity does not include any of the following: fishing from a dock or shore or engaging in contact with water depths less than 12 inches, such as a tadpole or frog nature study.
(7) "Attendant" means a person trained to control patrons in a safe and orderly manner. The attendant can be any noncertified staff member assigned by and under direct supervision of certified aquatic personnel, utilized in addition to certified persons to be additional "eyes" watching swimmers or boaters. This person may also be referred to as a lookout.
(8) “Bed” means a piece of furniture for sleep or rest for an individual camper in a permanent sleeping quarter, including a framework with a mattress and coverings, cot, bunk, sleeping pad, air mattress, or yoga mat placed on the floor.
(9) “Belay system" means the individual or group action of managing the tension in a climber’s life safety rope with the intention of protecting the climber at an elevated height.
(10) “Boat” means every description of watercraft used or capable of being used as a means of transportation on water.
(11) “Camp” means a recreational and educational camp.
(12) “Camp health supervisor” means an adult responsible for supervising routine and emergency health care at the camp.
(13) “Camp staff” means paid or unpaid personnel involved with camp operations. Camp staff does not mean a parent or guardian that accompanies a child to camp as a participant and does not have unsupervised activity with other campers.
(14) "Camper" means an individual under the care and supervision of the camp or a rental group that has a written agreement with the camp and includes all of the following: (a) a minor child.
(b) An adult with developmental disability.
(c) Children, youth and adults under legal guardianship or court directed conservatorship.
(15) "Campus conference" means a meeting lasting fewer than 4 consecutive nights, which is organized for personal or professional development related to a particular subject or theme.
