Current through February 24, 2025
(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
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.
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(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.
This section is created eff. 9-24-23 by CR
21-109.
