Current through August 26, 2024
(1) REFUSED
INSPECTION; PROCESS. If a person denies access to the department or its agent,
the department or its agent shall inform the person of all the following:
(a)
Access. The license
holder is required to allow access to the department or its agent as specified
pursuant to s. 97.12, Stats.
(b)
License conditions.
Access is a condition of the acceptance and retention of a license to operate a
camp as specified pursuant to s. ATCP 78.04 (3).
(c)
Inspection warrant. If
the camp license holder denies access to an authorized representative of the
department or its agent, the department or its agent may apply for an
inspection warrant to allow access as provided in law pursuant to s.
66.0119, Stats.
(2) REPORTING OF REFUSED ACCESS.
If the person in charge continues to refuse access after the department or its
agent presents credentials, provides the explanation in sub. (1), and makes a
final request for access, the department or its agent shall document details of
the denial of access on an inspection report form.
(3) FREQUENCY OF INSPECTION. The department
or its agent shall inspect a camp at least once during the licensing period,
except as provided for pursuant to s. ATCP 78.15 or as approved in writing by
the department.
(4) INSPECTION
DOCUMENTATION. The department or its agent shall document all of the following
on an inspection report form:
(a)
Facility information. Administrative information about the
camp's legal identity, street and mailing addresses, type of establishment and
operation, inspection date, type of water supply and sewage disposal, status of
the license, and personnel certificates that may be required at the
camp.
(b)
Violation
documentation. The conditions or other violations from this chapter or
applicable chapters shall be documented to include the required corrective
action by the license holder. An accompanying narrative shall contain all of
the following:
1. A factual description of
the violation observed, including location of the observed violation.
2. Citation and a brief description of the
statute, administrative rule, or local ordinance that was observed to be
violated.
3. A statement indicating
what corrective action the license holder has taken, or shall take, to regain
compliance with the administrative rule, statute, or local ordinance.
4. Unless otherwise indicated on the
inspection report, each violation shall have a corrective action deadline. The
corrective action deadline shall be based on the following criteria:
a. A priority violation shall be corrected
immediately. Depending on the nature of the potential hazard involved and the
complexity of the corrective action needed, the department or its agent may
agree to or specify additional time, not to exceed 3 calendar days after the
inspection, for the license holder to correct violations of a priority item as
defined in this chapter.
b. The
license holder has a maximum time of 10 calendar days after the inspection for
the license holder to correct violations of a priority foundation
item.
c. The license holder shall
correct core items, as defined in this chapter, by a deadline agreed to or
specified by the department or its agent, but no later than 90 calendar days
after the inspection. The department or its agent may approve a written
compliance schedule that extends beyond 90 calendar days if the license holder
submits a written schedule of compliance and no health hazard exists, or will
result, from allowing an extended schedule for compliance.
(5) ISSUING A REPORT AND
OBTAINING ACKNOWLEDGMENT OF RECEIPT. At the conclusion of the inspection, an
authorized representative of the department or its agent shall sign the
completed inspection report. The department or its agent shall review the
inspection findings with the operator and obtain a signature on the inspection
report from the license holder's designated person in charge. A copy of the
inspection report shall be left with the person in charge at the completion of
the inspection or emailed or otherwise presented within 2 business days after
completion of the inspection.
(6)
REFUSAL TO SIGN INSPECTION REPORT. If the license holder's designated person in
charge refuses to sign the inspection report, the department or its agent shall
do all of the following:
(a)
Signature
is not agreement with findings. Inform the person who declines to sign
the inspection report that a written acknowledgment of receipt is not an
agreement with findings.
(b)
Obligation to correct violations. Inform the person that
refusal to sign the inspection report will not affect the license holder's
obligation to correct the violations noted in the inspection report by the
deadlines specified.
(c)
Documentation. Document the refusal to sign in the inspection
report.
(7) POSTING OF
INSPECTION REPORTS. The department and its agents shall make inspection report
information available to the public on the internet.
This section is created eff. 9-24-23 by CR
21-109.
