Section 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: (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.(16) "Cathole" means a hole in the ground, at least 8 inches deep, used as an alternative disposal method of burying human solid waste on primitive camping trips when permanent toilet facilities are unavailable.(17) "Challenge course" means a facility or facilities consisting of one or more high or low elements.(18) "Core item" means a provision in this chapter that is not designated as a priority item or a priority foundation item, including general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design, or general maintenance.(19) "Death, injury or illness report" means the written record of all facts regarding an incident associated with a camp activity on or off the camp premises that resulted in bodily harm where an EMS response was necessary.(20) "Department" means the Wisconsin department of agriculture, trade and consumer protection.(21) "Developmental disability" has the meaning given in s. 51.01(5) (a) to (b), Stats.(22) "Easily cleanable" means a material or finish of a surface that allows effective removal of soil by manual or mechanical cleaning methods.(23) "Element" means an apparatus that provides for a unit of activity on a challenge course. An "element" may be installed in trees, poles, portable structures, buildings, or be a part of a self-supporting structure, including items designed to simulate rocks for climbing, beams, bridges, cable traverses, climbing walls, nets, platforms, ropes, swings, towers, aerial adventures, zip lines, and jump systems.(24) "EMS response" means a Wisconsin emergency medical service that provides ambulance service response in a geographic area and is staffed by certified rescue professionals such as an emergency medical technician or emergency medical responder.(25) "Equipment" means an article used in the camp other than land and building structures, including furniture, decorative materials, fireplaces, heating units, and appliances.(26) "Existing building" means a building available for occupancy before June 30, 2023.(27) "Existing camp" means operating with a license first issued by the department or its agent before June 30, 2023.(28) "Firearm" means a gun, pistol, or rifle from which a projectile can be discharged, including a pellet gun, air rifle and BB gun. "Firearm" does not include Nerf-type or paintball guns.(29) "First aid supplies" means a set of materials and tools used for giving emergency treatment to a sick or injured person.(30) "Guard" means a barrier erected to prevent a person from falling to a lower level.(31) "Hammock" means a sling made of fabric, rope, or netting, suspended between 2 or more points, and used for swinging, sleeping, or resting.(32) "Handrail" means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair.(33) "Hazardous substance" has the meaning given in s. 289.01(11), Stats.(34) "High element" means equipment installed for a facilitated challenge course activity that requires a participant using the equipment to be connected to a life safety system, including ascending, descending, or traversing the challenge course at the established height. In this subsection, "activity" includes tree climbing, zip lines, and climbing walls.(35) "Hospitality activity" means an additional activity offered by a camp operator including a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house within the confines of the camp, utilizing the same camp structures to serve other adult guests and their families. "Hospitality activity" does not include the operation of a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house that is solely operated independently and separately from the recreational and educational camp operation.(36) "Imminent health hazard" means a condition that presents a likelihood to cause severe adverse health consequences or death.(37) "Life safety system" means a configuration of components, including life lines, belay beams, and anchorages that support fall restraint and arrest systems, personal safety systems, belay systems, and rope rigging systems.(38) "Lifeguard" means a person holding a certificate from a course or courses that meet the criteria for lifeguarding, first aid, cardiopulmonary resuscitation, and automatic external defibrillator training and certification set forth in the 2018 Model Aquatic Health Code or as approved by the department. Note: A listing of approved courses may be obtained by contacting the department. 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.
(39) "Livestock" has the meaning given in s. 97.42(1) (em), Stats.(40) "Low element" means equipment installed for a facilitated challenge course activity in which the participant is spotted if needed by other persons in order to limit the risk of an injurious fall and the use of a life safety system is not required, including balancing on a low beam, walking across a pole while holding a rope, or activities involving such factors as strengthening, agility, balancing, teamwork, climbing on boulders or horizontal climbing walls no higher than the climber's shoulder height, and problem solving.(41) "New building" means a building first available for occupancy on or after July 1, 2023.(42) "New camp" means a camp operating with a license first issued by the department or its agent on or after July 1, 2023.(43) "Non-specialized program activity" means a general camp activity that does not require a special technical skill, equipment, or safety regulation other than those that generally apply throughout camp, including singing, nature studies, religious instruction, or arts and crafts.(44) "Operator" means the owner of a camp or the person responsible to the owner for the operation of the camp.(45) "Pest" means an animal or insect of public health significance that is a nuisance and may or may not transmit disease to the general public, including cockroaches, bed bugs, flies, mosquitoes, bats, rodents, and ticks.(46) "Person" means, for purposes of issuing a license, an individual, partnership, association, firm, company, corporation, municipality, county, town or state agency; whether acting as tenant, owner, lessee or licensee; or the agent, heir, or assignee of any of these, as applicable.(47) "Planned program" means an experience that provides an activity undertaken for the purpose of exercise, relaxation or pleasure, or any activity that imparts knowledge or skill in a group setting under the supervision of camp staff.(48) "Platform tent" means a tent on a platform made of manufactured timber products, constructed to provide a solid, level floor for the tent, with or without partial walls consisting of flame retardant material, in accordance with National Fire Protection Association Standards, and not exceeding 3 feet in height above the ground.(49) "Playground" means an area used for unfacilitated activity including outdoor play or recreation by campers with equipment including slides, play sets, horizontal bars, and swings.(50) "Plumbing system" has the meaning given in s. SPS 381.01 (179).(51) "Potable" has the meaning given in s. NR 812.07 (75).(52) "POWTS" or "private on-site wastewater treatment system" has the meaning given in s. 145.01(12), Stats.(53) "Premises" means the tract or tracts of land on which a camp is located and all buildings on that land.(54) "Priority item" means a provision in this chapter directly related to health and safety that if not met or is missing could significantly contribute to an increased risk for injury or illness. Priority item is an item that is denoted in this chapter with a superscript P- P.(55) "Priority foundation item" means a provision in this Chapter whose application supports, facilitates, or enables one or more priority items. Priority foundation item is an item that is denoted in this Chapter with a superscript Pf- Pf, including an item that requires the purposeful incorporation of specific actions, equipment or procedures by the operator including personnel training, infrastructure, documentation or record keeping.(56) "Primitive camping" or "backcountry camping" means a designated, remote portion of a camp or other off-premises area used by the camp without amenities such as a water supply system, toilets, and permanent food or lodging facilities.(57) "Private water system" has the meaning given in s. NR 812.07 (78).(58) "Public sewer" has the meaning given in s. SPS 381.01 (198).(59) "Public water system" has the meaning given in s. NR 809.04 (67).(60) "Recreational and educational camp" means a camp premises, including temporary and permanent structures that are operated as overnight livin g quarters, wher e food or lodging are provided for a camper. The camp provides a combination of planned program activities established for the primary purpose of providing an indoor or outdoor group living experience for campers with social, recreational, spiritual, and educational objectives during one or more seasons of the year.(61) "Recreational vehicle" means a vehicle that has walls of rigid construction, does not exceed 45 feet in length, is designed to be towed upon a highway by a motor vehicle or has a motor of its own, and is equipped and used, or intended to be used, primarily for temporary or recreational human habitation, including a camping trailer, motor home, and park model.(62) "Rental group" means another group or program that has a written agreement to rent or use a licensed camp's facilities, and perhaps some services, to operate their own camping program or retreat for campers. The group may be from within the camp's parent organization.(63) "Rescue boat" means a boat that can provide assistance to a camper during water activities that extend beyond the designated swimming area.(64) "Rescue pole" means a long, slender, rounded piece of wood, plastic or metal, a minimum of 7 feet in length, used to assist in a water rescue.(65) "Restricted-use pesticide" has the meaning given in s. ATCP 29.01 (36).(66) "Retail food establishment" has the meaning given in s. ATCP 75.04 (33).(67) "Sanitize" means to apply cumulative heat or chemicals on cleaned food-contact surface that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999 percent reduction, of representative disease microorganisms of public health importance.(68) "Specialized program activity" means an activity, under the onsite supervision and direction of at least one trained adult, including fire building for outdoor cooking, kilns and campfires, foraging for edible plants, ice fishing, pyrotechnics, horseback riding, challenge courses, air pillows, zip lines, archery, motorized vehicles, power tools, model rocketry, and use of firearms.(69) "Spotting" means the assistance provided on a low element challenge course that involves one or more persons working together to be ready to catch, lift, physically support, or slow the descent of the participant, if necessary.(70) "Standing orders" means a written protocol developed in cooperation with the camp operator and signed by the staff physician or consulting physician that delineates health ailments such as minor illness and injury that may routinely occur and be treated at camp, when EMS response should be used, and procedures for any emergency medications and equipment that may be used by qualified camp staff including epinephrine, albuterol, nitroglycerine, AED, and oxygen.(71) "Supervisor" means a person who is responsible for the care of campers and can intervene to prevent harm or respond to an incident.(72) "Tempered water" means water ranging in temperature from 85°F (29°C) to less than 110°F (43°C).(73) "Tent" means a collapsible shelter made of flame retardant material, in accordance with National Fire Protection Association Standards, that is sustained or stretched over a supporting framework of poles, ropes, and pegs.(74) "Trained adult" means an individual whose competency is affirmed by local statute or regulation through holding a license or certification, or the individual has documented training or experience in a specific area or field.(75) "Vault privy" has the meaning given in s. SPS 391.03 (9).(76) "Vendor provided" means a third party that provides equipment and access to a program site or facility, with persons other than the camp staff responsible for the site, equipment, and supervision of the activity.(77) "Visual obstruction" means, in reference to aquatic program activity, a feature that is manmade or natural and is on, in or near the water, that is larger than 10 feet in length by 6 feet in height by 5 feet in width and that obscures a lifeguard or attendant's line of sight.(78) "Water distribution system" has the meaning given in s. SPS 381.01 (280).(79) "Water service" has the meaning given in s. SPS 381.01 (282).(80) "Water system" has the meaning given in s. NR 812.07 (118).(81) "Yurt" means a round domed structure constructed of wood and fabric.(82) "Zip line" means lifeline suspended between support structures that enables a camper attached to a pulley to traverse from one point to another along the lifeline propelled only by the force of gravity.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 78.03
Renumbered from DHS 175.03 Register June 2016 No. 726 ; correction in (3), (23) made under s. 13.92(4) (b) 7, Stats., Register June 2016 No. 726 ; correction in (8) made under s. 13.92(4) (b) 6, Stats., Register June 2016 No. 726 ; correction in (24) made under s. 35.17, Stats., Register June 2016 No. 726, eff. 7/1/2016Amended by, correction in (3) made under s. 13.92(4) (b) 7, Stats., Register October 2018 No. 754, eff. 11/1/2018Amended by, CR 18-019: am. (3), (5) (a), (11), (16) Register January 2020 No. 769, eff. 2-1-20; correction in (16) made under s. 35.17, Stats., Register January 2020 No. 769, eff. 2/1/2020Adopted by, CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (6), (28), (34), (35), (70) made under s. 35.17, Stats., Register June 2023 No. 810, eff. 9/24/2023This section is created eff. 9-24-23 by CR 21-109.