|
Published under s.35.93,Wis.Stats.,by the Legislative Reference Bureau.
<br /> 608-13 AGRICULTURE,TRADE AND CONSUMER PROTECTION ATCP 79.05
<br /> sient,or a bed and breakfast establishment regulated under ch. may appeal the decision made by the department under s.ATCP
<br /> ATCP 73. 79.09. If the decision was made by a department's agent,the
<br /> (38) "Vault privy"has the meaning given in s.SPS 391.03(9). applicant may appeal the decision under s.ATCP 79.10.
<br /> Note:Section SPS 391.03(9)reads:"Vault privy"means an enclosed nonportable History:CR 15-001:cr.Register October 2015 No.718,eff.2-1-16;correction
<br /> toilet into which nonwater-carried human wastes are deposited to a subsurface stor- in(2)(b)2.made under s.35.17,Stats.,Register October 2015 No.718;renum.from
<br /> age chamber that is watertight. DHS 178.04 Register June 2016 No.726;correction in(1)(b),(2)(b)2.made under
<br /> s.13.92(4)(b)7.,Stets.,Register June 2016 No.726.
<br /> (39) "Water distribution system"has the meaning given in s.
<br /> SPS 381.01 (280). ATCP 79.05 License to operate a campground.
<br /> Note: Section SPS 381.01(280)reads:"Water distribution system"means that
<br /> portion of a water supply system from the building control valve to the connection (1) LICENSE REQUIRED. (a) Conditions requiring a license. No
<br /> of a fixture supply connector,plumbing fixture,plumbing appliance,water-using person may operate a campground without a license from the
<br /> equipment or other piping systems to be served. department or its agent if any one of the following applies:
<br /> (40) "Water service"has the meaning given in s.SPS 381.01 1. A person offers or intends to offer 3 or fewer campsites and
<br /> (282). advertises or otherwise presents to the public an offer of the camp-
<br /> Note: Section SPS 381.01(282)reads:"Water service"means that portion of a and or specific campsites.
<br /> water supply system from the water main or private water supply to the building con-
<br /> trol valve. 2. A person offers or intends to offer 4 or more campsites,
<br /> (41) "Water system"has the meaning given in s.NR 812.07 regardless whether the person advertises or otherwise presents to
<br /> (118). the public an offer of the campground or specific campsites.
<br /> Note: Section NR 812.07(118),reads:Water system"means the water supply, Note: Pursuant to s.97.67(Ig),Stats.,a campground license is not required for
<br /> storage,treatment facilities and all structures and piping by which water is provided camping at a county or district fair at which 4-H Club members exhibit,for the 4 days
<br /> for any purpose. preceding the fair,the duration of the fair,and the 4 days following the fair.
<br /> (42) "Yurt" means a round domed structure constructed of 3. a. Except as provided under subd.3.b.,if a license holder
<br /> wood and fabric. sells or otherwise transfers ownership or operation of a camp-
<br /> History:CR 15-001:cr.Register October 2015 No.718,eff.2-1-16;correction ground to another person,a new license is required under s.97.67
<br /> in(30)made under s.13.92(4)(b)7.,Stats.,Register January 2016 No.721;renum.
<br /> from DHS 178.03 Register June 2016 No.726;correction in(1),(37)made under s. (2)(a),Stats.,and the campground may not be opened to the pub-
<br /> 13.92(4)(b)7.,Stets.,Register June 2016 No.726;correction in(10)made under lic until the department or its agent has issued a new license.
<br /> s.13.92(4)(b)6.,Stats.,Register June 2016 No.726;correction in(28),(33)made
<br /> under 6.35.17,Stats.,Register June 2016 No.726;CR 18-019:am.(1),(24)Regis- b. As provided in s.97.67(2)(b)and(c),Stats.,an individual
<br /> ter January 2020 No.769,eff 2-1-20. may transfer a license to an immediate family member,if the ATCP 79.04 Plans and specifications for camp- indi-
<br /> vidual is transferring operation of the campground.A sole propri-
<br /> grounds. (1) APPROVAL REQUIRED. (a) Except as specified in 179.7etorsh0 that reorganizes i a thatbusiness entity,reorganizes a defined in s.
<br /> sole
<br /> par.(b)an operator shall obtain plan approval from the department ropri (1),Stats., differentr a business entity businessnm t a transfer
<br /> or its agent before any one of the following occurs: proprietorship or a type of entity may transfer
<br /> a license to the newly formed business entity or sole proprietor-
<br /> 1. The operator begins construction of a campground. ship if the campground remains at the location for which the
<br /> 2. The operator modifies or increases the number or type of license was issued and at least one individual who had an owner-
<br /> any campground attribute that was subject to a previous plan ship interest in the sole proprietorship or business entity to which
<br /> review by the department or its agent. the license was issued has an ownership interest in the newly
<br /> (b) An operator-provided camping unit that meets s.ATCP formed sole proprietorship or business entity.
<br /> 79.13(3)or that has been approved by the department or its agent c. Except as provided in this paragraph, no license issued
<br /> under sub.(2)and s.ATCP 79.13(3),may be placed or relocated under this chapter is transferable from one premise to another or
<br /> on any approved campsite. from one person or entity to another.
<br /> Note: In addition to meeting the department's plan review requirements,a person d. A person who wishes to transfer a license under subd.3.
<br /> should consult with other agencies that may also require prior plan or construction
<br /> approval,such as the department of safety and professional services,the department a.or b.shall notify the department or its agent prior to operation
<br /> of natural resources,or the local building and zoning agency before commencing of the campground.
<br /> construction or modification of a campground. Note: Under s.97.605(4)(a)2.,Stets.,"Immediate family member"means a
<br /> (2) APPLICATION FOR PLAN APPROVAL. (a) An applicant for spouse,grandparent,parent,sibling,child,stepchild,or grandchild or the spouse of
<br /> plan approval shall submit all of the following to the department a grandparent,parent,sibling,child,stepchild,or grandchild. Under ss.97.605(4)
<br /> or its agent: (a)1.and 179.70(1),Stats.,"business entity"means:a corporation,as defined in s.
<br /> 180.0103(5),Stets.,a limited liability company,as defined ins.183.0102(10),Stets.,
<br /> 1. A fully and accurately completed,signed,and dated appli- a limited partnership,or a corporation,as defined in s.181.0103(5),Stets.,a foreign
<br /> cation for plan approval on a form provided by the department. limited liability company,as defined in s.183.0102(8),Stats.,a foreign limited part-
<br /> A copyof theplans and specifications drawn to scale or a part-
<br /> nership,a foreign corporation,as defined ins.180.0103(9),Stats.,or a foreign corpo-
<br /> 2. p� ration,as defined in s.181.0103(13),Stets.
<br /> drawing indicating distance of separation measured in feet in Note: To notify the department of a transfer of ownership,call(608)224-4923
<br /> accordance with the applicable requirements of this chapter. or send an e-mail to datcpdfshcensing@wi.gov.
<br /> 3. Any other information required by the department or its (b) Conditions requiring multiple licenses. If 2 or more camp-
<br /> agent regarding the operation of the campground as it relates to the grounds are located within a tract of land owned by the person who
<br /> health,safety,and welfare of the public. owns or operates both campgrounds and the central registration
<br /> Note: To obtain a copy of the plan approval application form,e-mail datcpd- location of each campground is separated by 5 or more miles,a
<br /> frsrec@wisconsin.gov or contact the Bureau of Food and Recreational Businesses at separate license is required for each campground.
<br /> (608)224-4702 or PO Box 8911,Madison,Wisconsin 53708-8911.
<br /> (b) 1. If the department or its agent receives a plan or applica- (c)Preinspection required Before the department or its agent
<br /> tion that is not completed as specified in par. (a) 1. and 2.,the may issue a license to operate a campground under par.(a)or(b),
<br /> department shall contact the operator to seek additional informa- the department or agent shall conduct a preinspection. A prein-
<br /> tion. spection is not required for a transfer to an immediate family
<br /> 2. Within 30 days after receipt of any additional information member under par.(a)3.b.
<br /> Note: Pursuant to 97.67(1m),Stats.,the department or a local health department
<br /> requested under subd.1.,the department or its agent shall approve granted agent status under s.97.615(2),Stats.,may not,without a preinspection,
<br /> or deny the plan. If the department or its agent approves the plan, grant a license to a person intending to operate a new public campground or to a per-
<br /> the department or its agent shall issue a plan approval letter to the son intending to be the new operator of an existing campground.
<br /> operator. If the department or its agent denies a plan,the applicant (2) LICENSE DURATION AND RENEWAL. (a) Expiration. Each
<br /> shall be given the reason,in writing,for the denial. The applicant license issued under this chapter expires on June 30,except that
<br /> Published under s.35.93,Stets.Updated on the first day of each month. Entire code Is always current. The Register date on each page
<br /> is the date the chapter was last published. Register January 2020 No.769
<br />
|