Section ATCP 78.26 - Camper supervision and safety(1) CAMP STAFF SCREENING. (a)General requirements. Camps shall take into account criminal background check information during the hiring of camp staff and any additional individuals 14 years or older residing on the camp's premises with access to campers. 1. Written employment application forms shall require the applicant to provide all of the following: a. Legal first and last name, date of birth, and address. Pfb. Disclosure of sexual criminal history. Pfc. Permission for a background check. Pf(b)Background check completed.1. Prior to hiring any camp staff, the camp shall review the national sex offender public registry of the United States department of justice and other relevant available public record information. P2. For international camp staff, review with the United States department of state sponsor to determine what criminal background check information will be provided by that country.(c)Background check threshold.1. Each camp shall set a policy that prevents employment or volunteer selection of any person who meets any of the following: a. A record of a violent crime against a person or animal. Pfb. Crimes against nature where children were affected. Pfc. Any crime involving a child as the victim. Pfd. Possession or facilitation of child pornography. Pf2. This policy shall be reviewed, signed and dated within the last 3 years. Pf(d)Background check frequency. All existing camp staff prior to extending employment shall have a background check performed at least every 2 years. This requirement also applies to any additional individuals who reside on the camp's premises with access to campers. P(2) NON-SPECIALIZED PROGRAM ACTIVITY. (a)General supervision.1. A non-specialized program activity may be directly led by a non-adult camp staff member provided the staff member is at least 2 years older than the campers in that activity. Pf2. Non-specialized program activities shall be under the general supervision of adult camp staff. P(3) SPECIALIZED PROGRAM ACTIVITIES. (a)General supervision.1. Except as specified pursuant to subd 6. and par. (c) 5., a trained adult shall directly supervise each specialized program activity. P2. The trained adult supervisor shall provide prior training and instruction to camp staff that assist with a specialized program activity. Pf3. The trained adult supervisor shall document camp staff training provided, relevant to their assigned duties. Pf4. Provision of firearms or archery equipment to campers shall be considered a specialized program activity at the camp and meet all of the following requirements: Pa. When not being used shall be securely stored and locked. Pb. Signage shall be posted that communicates clear safety signals and range commands to control activity at the firing line and during the retrieval of arrows or targets. Pf5. Other specialized program equipment shall be securely stored when not i n use by utilizing fencing, barriers or other access prevention strategies. Pf6. A vendor provided specialized program activity is under the supervision of the third party provider.(b)High and low element challenge courses.1. A camp offering one or more challenge courses shall have all of the following: a. Written evidence of an inspection conducted by a third party that is qualified from the Association for Challenge Course Technology, Professional Ropes Course Association or is a structural engineer licensed in Wisconsin. Pb. Undergone the third party inspection within the past 24 months. Pc. Documentation that corrective action was taken based on the findings of the third party inspection. P2. The third party inspection documentation shall include all of the following:a. The name of person or company performing the inspection, their certification information and the inspection date. Pfb. A list of elements inspected. Pfc. A list of elements not inspected and explanation for omission. Pfd. Condition of each element at the time of inspection or any prohibitions on the element's use in its observed condition. Pfe. Concerns warranting continued observation which may be critical for ensuring safety of campers and camp staff. Pff. A list of life safety system equipment inspected. Pfg. A list of life safety system equipment not inspected and an explanation for any omissions when apparent. Pfh. The condition of each piece of life safety system equipment at the time of the inspection or any prohibitions against its use in the observed condition. P3. A camps challenge course shall operate under the supervision of an individual certified or an individual that has documentation they have received training according to applicable ANSI/ACCT 03-2019 or ANSI/PRCA 1.0-.3-2014, challenge course industry standards for the specific challenge course activities. P4. A camp offering a challenge course shall maintain operational policies and procedures. Pf5. A camp's challenge course staff shall participate in an annual documented training that is site-specific and includes hands-on skills assessment, relevant to the staff member's duties. Pf6. Any newly constructed challenge course after July 1, 2023, shall complete an initial acceptance validation inspection by a qualified third party from the Association for Challenge Course Technology, Professional Ropes Course Association or a structural engineer licensed in Wisconsin, before beginning operation. P(c)Program aquatics.1. All swimming and watercraft activities at a camp shall be under the direction of an adult aquatic supervisor who holds a current lifeguard certification, including certification for first aid and professional CPR with AED included in the course or AED certification earned separately. P2. The camp shall develop a written lifeguard and attendant staffing plan. Pf The camp shall keep a copy of the plan on the premises and the plan shall made available for review by the department or its agent. The plan shall include all of the following: a. A diagram of recreational areas of water used by campers. Pfb. Designated areas for each aquatic program activity, including swimming, boating, and diving areas. Pfc. The hours of operation; with a description of how artificial lighting is provided if an area is operated beyond daylight hours. Pfd. Indication of how visual obstructions are addressed by lifeguard placement. Pfe. The location of each first aid kit. Pff. A method of communication between lifeguards and attendants when 2 or more attendants or lifeguards are present. Pfg. A description of a reliable communication system used to reach 911 from the waterfront. Pfh. The number of lifeguards and attendants per s. ATCP Table 78.26, for each aquatic program activity, including off-premises aquatic program activities, such as where boating, canoeing, swimming, or water skiing occurs: PATCP Table 78.26 Lifeguard and Attendant Staffing Per Activity -
Actual Aquatic Participant Load | Lifeguards (per activity) | Attendants (per activity) |
1-50 | 1 | 1 for every 50 participants or fraction thereof. |
51-100 | 2 | 1 for every 50 participants or fraction thereof. |
101-150 | 3 | 1 for every 50 participants or fraction thereof. |
Greater than 151 | When the patron load exceeds 151 patrons, 1 lifeguard shall be provided for each additional 100 | 1 for every 50 participants or fraction thereof. |
3. Every person serving as a lifeguard at a camp shall hold a current lifeguard certification with first aid and professional CPR with AED certification included in the course or AED certification earned separately. If the camp is going to serve infant campers, then the lifeguard must have a CPR course that includes infants. PNote: Obtain a list of approved certification courses for lifeguarding, first aid, and CPR from the bureau of food and recreational businesses at (608) 224-4682 or PO Box 8911, Madison, Wisconsin 53708-8911.
4. Lifeguards shall have training, as required by the United States occupational safety and health administration pursuant to 29 CFR 1910.1030, bloodborne pathogens standard. Pf5. If the lifeguards and attendants are all under the age of 18, the adult aquatics program supervisor or other designated lifeguard meeting the requirements pursuant to par. (c) 3. shall provide direct supervision. P6. Lifeguards shall meet all of the following: a. At all times when on duty, wear clothing or rescue equipment that is conspicuously marked "Lifeguard" or "Guard".b. Shall not be assigned duties that may distract the lifeguard's attention from observing an individual or that may hinder the lifeguard's ability to provide immediate assistance to an individual. Pc. Equipped with a rescue tube with a harness as instructed in approved lifeguard certification courses. Pd. Equipped with a whistle or other signaling device for communicating to aquatic participants or other staff. P7.a. Every boat, except a sailboard and except as provided in subd. 7. c., shall carry at least one personal flotation device prescribed as specified pursuant to 33 CFR part 175, subpart B for each person on board or being attended by the boat, so placed as to be readily accessible and available to the persons. Pb. No person may use a boat 16 feet or more in length unless one throwable personal flotation device is onboard in addition to the total number of wearable personal flotation devices required in subd. 7. a. Pc. No person may operate a boat with any child under 13 years old aboard unless each such child is wearing a properly sized personal flotation device approved by the Coast Guard. P8. Pursuant to s. 30.678(1) (d), Stats., no person who was born on or after January 1, 1989, and who is 16 years of age or older may operate a motorboat unless one of the following applies: a. The person holds a valid boating safety certificate pursuant to s. 30.74(1) (a), Stats., or a valid boating safety certificate that is honored pursuant to s. 30.74(1) (c), Stats. Pb. The person is accompanied in the motorboat by another person who is at least 18 years of age and that person holds a valid boating safety certificate issued pursuant to s. 30.74(1) (a), Stats., or a valid boating safety certificate that is honored pursuant to s. 30.74(1) (c), Stats., or was born before January 1, 1989. P9.a. The adult aquatic supervisor shall designate a separate area for each aquatic program activity. Pfb. Access to each aquatic program activity area shall be controlled and the area used for swimming shall be clearly marked and separated into sections based on the camps written lifeguard and attendant staffing plan, including non-swimmers, beginners, intermediates and proficient swimmers. Pfc. No person may go into a section marked for a swimming beyond their evaluated ability except when being tested under supervision for the next higher level or when wearing a properly fitted personal flotation device. Pfd. The adult aquatic supervisor shall establish and enforce a method for checking persons in and out of each aquatic program activity. Pfe. The adult aquatic supervisor shall establish and enforce a method for supervising persons in the water such as the buddy system, buddy check, or a combination of methods of supervising persons. Pf10. Safety equipment shall be maintained and in the vicinity of the aquatic activity area and include all of the following: Pa. An equipped and maintained first-aid kit as determined by the adult aquatic supervisor or the camp health supervisor. Pb. Backboard equipped with head immobilizer and sufficient straps. Pc. A ring buoy, rescue tube, or throw bag. P11. The adult aquatic supervisor shall conspicuously post the camp's swimming rules and restrictions and boating regulations in the aquatic program activity area. When participating in an aquatic program activity off the camp premises, swimming and boating regulations and restrictions shall be verbally discussed with campers.12. A rescue boat shall be readily available when the aquatic program activity extends beyond the designated swimming area. P The boat shall be provided with all of the following:a. A ring buoy, rescue tube, or throw bag attached to 50 feet of 1/4 inch rope. Pb. A rescue pole. A standard length oar or paddle may substitute for a rescue pole. Pc. Personal flotation devices that are United States coast guard approved and shall be sized properly for each individual. P13. The aquatic program activity area shall be free of hazards. PNote: Blue-green algae blooms can produce toxins that can make people sick after they swallow, breathe in, or have contact with water. Email the Wisconsin department of natural resources at DNRHABS@wisconsin.gov to report a bloom or ask questions. More information is also available from the Wisconsin department of health services Staying Safe at the Lake: What Summer Camps Should Know about Blue-Green Algae at www.dhs.wisconsin.gov/publications/p02438.pdf.
14. Aquatic program equipment shall be maintained in good repair, including docks, ladders, rafts, diving boards, boats, life jackets, and paddles.15. A camp may allow swimming after dark if lighting is provided to identify swimmers. P(d)Horseback riding.1. When horseback riding is provided on the camp premises, the camp shall meet all of the following: a. Evaluate and classify each camper's riding ability and assign each camper to a horse and equipment that matches their ability. Pfb. Require protective head gear to be worn by campers or staff under the age of 18, except that this provision does not apply to pony rides where a horse or pony is led by a trained individual on foot or the animal is controlled by a mechanical device that leads its walk. P2. Horse and livestock medications shall be secured in an area away from camper access and locked when not in use. P3. Stables, corrals, riding rings, or other livestock areas shall be located away from lodging areas as specified pursuant to s. ATCP 78.17 (2). Pf4. Livestock areas shall be maintained free from the accumulation of manure.(e)Use of motorized vehicles.1. When a go-kart or similar motorized vehicle, excluding a golf cart, is provided for a camp program, the camp shall meet all of the following: a. Equip the go-kart or similar motorized vehicle with a restraint device such as a seat belt or safety harness. Pb. Require protective head gear to be worn by a camper or staff under the age of 18 who is using the vehicle. Pc. Establish a camper vehicle use policy that provides guidelines for when and where a vehicle may be used pursuant to s. 23.33, Stats., and ch. NR 64, as enforced by the Wisconsin department of natural resources. Pfd. Provide safety and operating instructions to the camper prior to use. Pf2. When an all-terrain vehicle or utility-terrain vehicle is provided for a camp program, the camp shall meet all of the following:a. Require protective head gear to a camper or staff under the age of 18 using the vehicle. Pb. Use only a vehicle with a minimum of 4 wheels. Pc. Establish a camper vehicle use policy that provides guidelines for when and where a vehicle may be used per s. 23.33, Stats., and ch. NR 64, as enforced by the Wisconsin department of natural resources. Pfd. Provide safety and operating instructions to the camper prior to use. Pf(4) POOLS AND WATER ATTRACTIONS. Any public swimming pool, water attraction, wading pool, whirlpool or similar structure shall comply with the design and construction requirements in ch. SPS 390 and the camp operator shall obtain a license and operate the pool in accordance with ch. ATCP 76.(5) PLANS FOR CAMPER SECURITY AND DEALING WITH EMERGENCIES. (a)General camp security. Camps shall have a written security plan for addressing all of the following: 1. Visitors, vendors, or contracted services that enter the camps premises. Pf2. Firearms and ammunition used by staff for non-program activities. Pf3. Active threats and possible intruders on camp premises. Pf(b)Emergency response and recovery plans.1. A camp shall have a written plan for actions to be taken in response to all of the following: b. Severe weather and a power outage, including identifying a designated shelter. Pfe. Communicable disease and foodborne illness outbreak, including reporting and notification to the health department. PfNote: A list of reportable communicable diseases can be found in appendix A to ch. DHS 145. For more information on diagnosis and symptoms of foodborne illness refer to ch. ATCP 75 Appendix s. 2-201.11 (A) (1) and (2).
2. The camp's written plan shall include the frequency of training and rehearsal provided to camp staff. Pf(c)Camper sexual abuse prevention training requirements. Camper sexual abuse prevention training shall be conducted annually and meet all of the following: Pf1. The camp shall maintain a copy of the curriculum. Pf2. Maintain the individual certificate or dated documentation, with each participant's name, for training that occurred. Pf3. Provide the curriculum to the department or agent upon request.4. The training shall cover all of the following topic areas: a. Understanding the dynamics of camper to camper sexual abuse and sexualized behaviors. Pfb. Recognizing inappropriate conduct in camp staff behavior with campers. Pfc. Managing camp staff-to-camper and camper-to-camper one-on-one interactions. Pfd. Defining inappropriate physical and verbal contact or interaction with campers. Pfe. Identification and reporting of low-level concerns. Pff. Responding to disclosure or suspicion of abuse. A process for ensuring that known or suspected cases of child abuse, neglect or sexual misconduct are immediately reported to the proper authorities. Pfg. Communication strategies for staff, campers, parents and media. Pf(d)Response to allegations of camper abuse.1. A camp shall immediately report an allegation of known or suspected camper abuse, neglect or sexual misconduct to the proper authorities. P2. The camp shall separate the alleged perpetrator from campers until the incident is resolved, until the threat is removed, or as long as necessary to protect the safety and welfare of the campers. PWis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 78.26
Adopted by, CR 21-109: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (3) (a) 1., (c) 5., 7. b. made under s. 13.92 (4) (b) 4, Stats., correction in (3) (c) 7. a., b., (5) (c) 1., (d) 1. 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.