Proposed Text
A. Camps shall be located so that free drainage is provided in a direction to make any chance of pollution of its water supply from the camp itself or outside sources impossible.
B. The immediate vicinity of the camp must be free of stagnant pools, manure piles, garbage heaps and other mosquito and fly-breeding places.
C. Close proximity of camps to main or frequently traveled highways is to be avoided unless adequate provision for the safety of the campers is provided.
A. An adequate supply of drinking water of an approved sanitary quality shall be provided.
B. The source of water supply, its storage and distribution shall be protected from surface drainage and other means of pollution.
C. The use of common drinking cups shall be prohibited.
All milk served at the camp shall be graded, and refrigerated at or below a temperature of 50°F until used.
A. All perishable foods or drinks shall be refrigerated at or below a temperature of 50°F except when being prepared or served. Refrigerators shall be adequate in size, maintain a temperature at or below 50°F and be kept clean and sanitary.
B. Prepared foods and foods served in the raw state shall be so stored as to be protected from dust, flies, vermin and other methods of contamination.
C. Adequate and convenient handwashing facilities, including warm water, soap and individual towels shall be provided for all persons engaged in handling, preparing and serving food.
D. Adequate facilities shall be provided and maintained for the washing, rinsing and bactericidal treatment of all eating and drinking utensils, each to be a separate and distinct operation.
Adequate facilities for heating water for cleaning must be provided. An approved detergent must be used.
One of the following methods of bactericidal treatment must be used. After washing and rinsing utensils must be submerged in hot water at 170°F or more, for at least two minutes; or submerged in an approved solution of proper strength for at least two minutes.
E. All utensils used in the preparation, cooking or serving of food or drink shall be thoroughly cleaned after each use and stored so as to be kept clean and free from dust, dirt, insects and other contaminating agents.
A. Every camp shall be provided with adequate toilet facilities conveniently located and of a type which provides for the disposal of human wastes or excrements in such a manner that they shall not be accessible to flies or endanger a source of drinking water. Toilet facilities must conform to the standards of the State Health Department.
B. Those camps admitting individuals of both sexes shall provide separate toilets and they shall be plainly marked.
C. Toilets shall be kept in a clean condition, in good repair and well lighted and ventilated.
A. All waste shall be properly disposed of and all garbage and trash shall be kept in suitable receptacles in such a manner as not to become a nuisance, and be disposed of in a sanitary manner.
B. All rooms, huts, shacks, tents and other buildings and all furniture and equipment therein shall be kept tidy, clean and in a sanitary condition.
C. Screening shall be provided for all permanent kitchens and dining rooms or some other equally efficient means of preventing flies access to those rooms.
All reasonable precautions must be taken to prevent pollution of swimming water by human excreta from sources in the vicinity of the camp. If a swimming pool is made of concrete or other impervious material, arrangements should be made to change the water at intervals.
Notice shall be sent immediately to the State Health Commissioner by the camp director of the occurrence of any contagious, infectious or communicable disease in any camper or employee of the camp or any epidemic, outbreak of usual number of cases of any illness including diarrhea, gastroenteritis and food poisoning.
In addition to the foregoing requirements, the State Department of Health advises that insofar as is practicable the following recommendations be observed:
1. High or gently sloping grounds with sandy or porous soil as preferable campsites;
2. Areas known to be heavily infested with ticks or containing unusual numbers of snakes should be avoided as campsites; and
3. If available, only pasteurized milk should be served as a beverage and it should be served in the container in which it was originally bottled at the dairy or plant.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Adult" means a person 18 years of age or older.
"Administrative Process Act" or “APA” means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Applicable building code" means the local or statewide building code and referenced standards in effect at the time the building or portion thereof was constructed, altered, renovated, or underwent a change of occupancy. “Applicable building code” includes the Virginia Uniform Statewide Building Code (13VAC5-63).
"Aquatic activity" means a recreational or instructional activity occurring in or on a natural or man-made body of water. "Aquatic activity" does not include fishing from a dock or shore or engaging in contact with water depths less than 12 inches.
"Attendant" means a person assigned to control campers in a safe and orderly manner.
"Bed" means a piece of furniture for sleep or rest, typically a framework with a mattress and coverings, including a cot or bunk. “Bed” includes (i) a sleeping pad; (ii) an air mattress; or (iii) a mat placed on the floor for an individual camper in a permanent or temporary sleeping quarter.
"Boat" means any vessel or other watercraft, whether moved by oars, paddles, sails, or other power mechanism, inboard or outboard, or any other vessel or structure floating on water in the Commonwealth, whether or not capable of self-locomotion, including cruisers, cabin cruisers, runabouts, houseboats and barges.
"Camp health supervisor" means an adult responsible for supervising routine and emergency health care at the resident camp.
"Camp staff" means paid or unpaid personnel involved with resident camp operations.
"Camper" means a minor child who receives care and supervision at the resident camp.
"Campsite" means any plot of ground within a resident camp used or intended for the exclusive occupation by a camping unit.
"Camping unit" means tents, tent trailers, travel trailers, camping trailers, pick-up campers, motor homes, yurts, cabins, or any other device or vehicular-type structure as may be developed, marketed, and used by the camping trade for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.
"Commissioner" means the State Health Commissioner or the State Health Commissioner's designee or designated agent.
"Communicable disease" means a disease caused by a microorganism such as a bacterium, virus, fungus, or parasite that can be transmitted from person to person via an infected body fluid or respiratory spray, with or without an intermediary agent such as a louse or mosquito or environmental object such as a table surface.
"CPR" means cardiopulmonary resuscitation.
"Department" means the Virginia Department of Health.
"Health care provider" means a licensed physician, a licensed physician assistant practicing pursuant to a valid practice agreement, or a licensed nurse practitioner practicing autonomously or pursuant to a valid practice agreement.
"Lifeguard" means an individual who has successfully completed a lifeguard training course offered by a training agency that provides certification in lifeguarding, first aid, CPR, and automated external defibrillator (AED) use that is appropriate for the aquatic venue and holds a current certificate for such training.
“Minor” means a person less than 18 years of age.
"Operator" means the owner or lessee of a resident camp or the person employed or contracted by the owner or lessee who is responsible for the management and general administrative operation of the resident camp.
"Outbreak" shall have the same meaning as defined in 12VAC5-90-10.
"Pest" means an animal or insect that is a nuisance and may transmit disease to the general public. Pest includes (i) cockroaches, (ii) bed bugs, (iii) flies, (iv) mosquitoes, (v) bats, (vi) rodents, and (vii) ticks.
"Permanent structure" means a structure fixed to the ground by any type of foundation, slab, pier, permanent pole, or other means allowed by applicable building code.
"Physical facilities" means all buildings, grounds, equipment, and infrastructure directly associated with a resident camp and camp activities.
"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 typically occurring in the outdoors under the supervision of resident camp staff.
"Potable water", also known as pure water, means water fit for human consumption that is (i) sanitary and normally free of minerals, organic substances, and toxic agents in excess of reasonable amounts and (ii) adequate in quantity and quality for the minimum health requirements of the persons served.
"Private well" shall have the same meaning as defined in 12VAC5-630-10.
"Rental group" means a camp, group, or program operating as a resident camp that has a written agreement to rent or use another permitted resident camp’s facilities or rent or use an existing facility that is not a permitted camp, such as a college university or other campus facility.
"Resident camp" means any building, tent, or vehicle or group of buildings, tents, or vehicles if operated as one place or establishment, or any other place or establishment, public or private, together with adjacent land and waters, that is operated or used for the entertainment, education, recreation, religious instruction or activities, physical education, or health of minors who are not related to the operator of such place or establishment by blood or marriage within the third degree of consanguinity or affinity, if 12 or more such persons at any one time are accommodated, gratuitously or for compensation, overnight and during any portion of more than two consecutive days. This definition includes the historically used term overnight "summer camp." "Resident camp" does not include any of the following:
1. An overnight planned program of recreation or education for families;
2. An overnight planned program for credit at an accredited academic institution; or
3. A tournament, competition, visitation, recruitment, campus conference, or a sports team training camp that is provided overnight lodging in a facility permitted by the department, such as a hotel or campground.
"Sanitary facility" means a bath house, bathrooms, privies, changing rooms, hand sinks, portable toilets, showers, toilets, or any portion or grouping thereof.
"Semi-permanent structure" means any structure that is not designed to be solely temporary in nature and which cannot be deconstructed within a reasonable time and carried from the property by a single person, including yurts and event tents.
"Sewage" shall have the same meaning as defined in 12VAC5-610-120.
"Specialized program activity" means an activity that requires a special technical skill, equipment, or safety regulation, 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.
"Tent" means a collapsible shelter that is sustained or stretched over a supporting framework of poles, ropes, and pegs. A "tent" is neither a permanent structure nor a semi-permanent structure.
"Waterworks" shall have the same meaning as defined in 12VAC5-590-10.
A. The department may enforce this chapter through any means lawfully available pursuant to Title 35.1 of the Code of Virginia, and nothing in this chapter shall be construed as preventing the department from making efforts to obtain compliance through warning, conference, or other appropriate enforcement means.
B. A person who violates a provision of this chapter may be subject to penalties pursuant to § 35.1-7 of the Code of Virginia.
A. The commissioner may waive, in whole or in part, one or more of the regulations in this chapter if, in the commissioner’s discretion, (i) the hardship, which may be economic, imposed by the regulation outweighs the benefits that may be received by the public and (ii) granting the variance would not subject the public to health risks or adverse environmental impact.
B. A permit holder or applicant who seeks a variance shall submit a written request to the local health department in which the resident camp is located. The request shall include:
1. A citation to the regulation from which a variance is requested;
2. The nature and duration of the variance requested, including the specific hardship imposed by the regulation;
3. Evidence that establishes that granting the variance would not subject the public to health risks or adverse environmental impact;
4. Suggested conditions that might be imposed on the granting of the variance that would limit the adverse impact on the public health and environment; and
5. Other information believed pertinent by the applicant.
C. The permit holder or applicant shall provide other information as the local health department or commissioner may require to evaluate the variance request.
D. The department shall notify the resident camp owner or operator of the decision to grant or deny a variance request within 90 calendar days of receipt of a request containing all information required pursuant to subsection B of this section.
E. If the commissioner grants a variance request, the notice required by subsection D of this section shall include:
1. A citation to the regulation from which the variance is granted;
2. The duration of the variance; and
3. The conditions, if any, imposed on the granting of the variance.
F. If the commissioner denies the variance request, the notice required by subsection D of this section shall include the reasons for denial and shall provide an opportunity for an informal fact-finding conference pursuant to § 2.2-4019 of the Code of Virginia.
G. The commissioner may revoke a variance if (i) circumstances relevant to the variance change; (ii) additional information becomes known that alters the basis for the original decision; (iii) the resident camp fails to meet any conditions imposed by the granting of the variance; (iv) the variance subjects the public to health risks or adverse environmental impact; or (v) the permit for which the variance was granted expires or is suspended or revoked.
H. A variance granted to an operator may not be transferable.
I. The operator shall post the variance conspicuously in the office of the resident camp or on the premises if no office is available.
J. If a variance is denied, expires, or is revoked, the operator shall ensure that the resident camp complies with the regulation.
A resident camp shall comply with the applicable building code, the applicable Virginia Statewide Fire Prevention Code (13VAC5-51), and other applicable local laws and ordinances.
A. To ensure the provision of adequate sanitation and general design of facilities and recreation areas at a resident camp, a person planning construction, addition, or renovation to any resident camp shall, at least 90 days prior to the initiation of any such activity, submit to the local health department in the locality in which the proposed project is located, a Resident Camp Plan Review form, and complete and legible plans or documentation. The plans or documentation shall include:
1. The name and address of the permit holder or person applying to be the permit holder and a designation of whether that person is the owner, lessee, or the intended operator of the resident camp;
2. The location, boundaries, and dimensions of the proposed project and existing resident camp;
3. The proposed or existing method and location of the sewage disposal system, copies of permits to construct or operate the systems, or the proposed or existing connection to central sewage facilities. If a central sewage facility or third party is providing sewage service, a letter of intent from the utility to accept the waste shall be provided;
4. The proposed or existing sources and location of the potable water supply;
5. The number, location, and dimensions of all shelters, campsites, buildings, structures, recreation areas, and other resident camp related venues;
6. The number, description, and location of all proposed or existing sanitary facilities; and
7. Other pertinent information as the department may deem necessary.
B. Minor facility repairs, construction, addition, or renovations shall not require plan review if they do not require permitting pursuant to the applicable building code or if they do not change the primary use, capacity, or occupancy of a building or structure.
C. If the department determines, upon review, that the proposed plans, if executed, will meet the requirements of this chapter and other applicable laws and regulations designed to protect the public health, the department shall issue written approval to the applicant.
D If the department determines that the proposed plans will not meet the requirements of this chapter and other applicable laws and regulations designed to protect the public health, the department shall deny the plans and shall notify the applicant in writing of any deficiency in the plans that constitute the basis for denial. The applicant shall be notified of the opportunity for administrative process pursuant to the APA.
E. No person may begin construction, renovation, or addition to a resident camp until written approval has been granted by the department.
F. If construction, renovation, or addition is not started within two years from the date of approval, the approval of the plans shall expire and the applicant must re-submit the plans for approval.
G. All construction, renovation, or additions shall be done in accordance with and limited to work covered by the plans and recorded changes that have been approved by the department.
A. No person may, directly or indirectly, conduct, control, manage, operate, or maintain a resident camp within the Commonwealth without a valid permit to operate a resident camp from the department.
B. A separate permit to operate is required for each resident camp.
C. An authorized representative of a resident camp shall submit a Resident Camp Application form for a permit to operate a resident camp to the local health department at least 30 calendar days before the camp is to be opened. The application shall include:
1. The resident camp’s physical address;
2. The name and contact information for the owner of the resident camp and of the lessee, if applicable;
3. The operator’s name and, if the operator is not the owner or lessee, the operator’s contact information;
4. The anticipated dates of operation the resident camp;
5. The number of campers expected to attend;
6. The age of campers;
7. A description of the lodging provided;
8. A description of the water supply, sewage disposal, and sanitary facilities;
9. A list and description of all specialized program activities and aquatic activities offered;
10. The animals present at the camp, if any, and associated activities; and
11. The owner or lessee’s signature and the date of signature.
D. The applicant for a permit shall submit additional information regarding the resident camp to the department upon request.
E. If the department finds that the resident camp complies with this chapter, the department shall issue a permit to the resident camp owner or lessee.
F. If, after receipt of an application to operate a resident camp, the department finds the camp does not comply with this chapter, the department shall notify the applicant in writing (i) citing the items that constitute the reasons for denial and (ii) providing the applicant with the opportunity for administrative process pursuant to the APA.
G. The operator shall post the permit conspicuously in the office of the resident camp or on the premises if no office is available.
H. A permit shall expire 12 months from the date of issuance. A permit may not be assignable or transferable.
A. A rental group operating as a resident camp at a facility that is not owned or primarily and consistently operated by the rental group shall either (i) ensure that the facility holds a valid and current resident camp permit or (ii) obtain a resident camp permit as a lessee.
B. The lessee shall ensure the rented camp facility is constructed, operated, and maintained in compliance with the requirements as set forth in this chapter.
A. The department, pursuant to §§ 35.1-20 and 35.1-22 of the Code of Virginia, shall conduct inspections as necessary to determine satisfactory compliance with this chapter. The department shall inspect a resident camp:
1. Before permit issuance for a permitted resident camp that:
a. Has not been permitted in the preceding year;
b. Has undergone modifications in the water delivery, sewage conveyance, or sewage disposal systems;
c. Has modified their sanitary facilities; or
d. Has made changes to structural facilities that prompted a plan review since the issuance of the last annual permit.
2. At least once per permit period during normal operating hours; and
3. As needed in response to a complaint or other inquiries or requests that may impact public health and safety.
B. Upon completion of an inspection, the department shall provide a signed inspection report to the camp operator that includes descriptions of observed alleged violations and citations to the alleged regulatory violations. The inspection report shall establish time frames for compliance with this chapter and provide an opportunity for administrative process pursuant to the APA.
Pursuant to § 35.1-22 of the Code of Virginia, the department may increase the frequency of inspections based upon an assessment of a resident camp’s history of compliance with this chapter and the facility's potential as a contributor of illness or physical injury by evaluating:
1. Past performance for numerous or repeat violations of this chapter within the previous three years;
2. The hazards associated with physical safety, facility maintenance, program activities, or functioning equipment; and
3. The number and age of people served and whether the population served is a highly susceptible population. "Highly susceptible population" means persons who are more likely than other people in the general population to experience illness or disease because they are immunocompromised or preschool age children.
A. The department may, after providing a notice of intent to revoke a permit, and after providing an opportunity for an informal conference in accordance with § 2.2-4019 of the Code of Virginia, revoke a permit for repeat or continuing violations of this chapter. A person to whom a notice of revocation is directed shall immediately comply with the notice. The department shall revoke the permit if the permit holder fails to appear at or makes no effort to reschedule the informal conference.
B. Upon revocation, the former permit holder shall be given an opportunity for appeal of the revocation pursuant to the APA.
C. A person whose permit has been revoked may apply for a new permit by following the procedures outlined in 12VAC5-440-160.
D. The department may suspend a permit to operate a resident camp if, in the department’s discretion, continued operation constitutes a substantial and imminent threat to public health. Upon receipt of a notice that the permit is suspended, the permit holder shall cease operations immediately.
E. If a permit is suspended, the department shall provide written notification to the permit holder of the suspension and of the opportunity for an informal conference pursuant to § 2.2-4019 of the Code of Virginia.
F. A request for an informal conference shall be in writing and shall be filed with the local health department by the holder of a suspended permit. The department shall afford the holder of a suspended permit an opportunity for an informal conference within seven business days of receipt of a request for the informal conference.
G. The department may end the suspension at any time if the reason for the suspension no longer exists.
H. A permit holder affected by a determination issued in connection with the enforcement of this chapter may challenge such determination pursuant to the APA.
A. A resident camp shall maintain and enforce a written policy that outlines staff hiring provisions that include a Criminal History Records Check or National Criminal Background Check for employees or volunteers, as appropriate, through the Central Criminal Records Exchange. The policy shall be reviewed, signed, and dated by legal counsel or a human resources professional every three years . The operator shall maintain the policy at the resident camp facility and shall make the policy available to the local health department upon request.
B. The policy maintained pursuant to subsection A of this section shall require that all new and existing camp staff have a background check performed pursuant to the following schedule:
1. Year-round staff: every three years; and
2. New or returning seasonal staff: every year.
C. Before hiring resident camp staff, the operator shall review and compare resident camp staff applications to the national sex offender public registry of the U.S. Department of Justice and other relevant public record information. A resident camp shall prohibit the hiring or acceptance of volunteers, or otherwise allow on premises, anyone registered as a sex offender.
D. A resident camp shall not employ or allow volunteer selection of any person who has:
1. A conviction or pending criminal charges of a violent crime against a person or animal;
2. A conviction or pending criminal charges of any crime involving a child as the victim; or
3. A conviction or pending criminal charges of possession or facilitation of child pornography.
E. Within one year of (insert the effective date of this regulation), the operator shall ensure that all new and existing camp staff have had a background check performed pursuant to the schedule in subsection B of this section.
A. During resident camp operation, on-duty resident camp staff shall actively attend and supervise campers throughout camp facilities and during activities. The resident camp staff to camper ratio shall be maintained, at a minimum, as outlined in Table 1. For the purposes of determining staff to camper ratio, any staff not actively attending campers, including kitchen, maintenance, or administrative staff, are not included.
|
Table 1. Camper to Staff Ratio |
|
| Camper Age | Max number of campers per single camp staff member |
| 5 years and younger | 5 |
| 6-8 years | 6 |
| 9-14 years | 8 |
| 15-18 years | 10 |
B. A specialized program activity shall be led and directly supervised by an adult trained in the activity, operation, use, process, or other procedure or method applicable to the specialized activity. Minor resident camp staff that assist with a specialized program activity shall be trained and instructed by a trained adult before assisting and shall be supervised during all specialized activities.
C. A non-specialized program activity may be directly led by a minor resident camp staff member or camper provided the minor camp staff member or camper is approved by camp management to lead campers in that activity. "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, and arts and crafts.
The camp operator shall maintain a written resident camp register starting at the beginning of the resident camp season or each calendar year that records each camper’s (i) name; (ii) home address; (iii) telephone number; (iv) email address; (v) parent, legal guardian, or other emergency contact; and (vi) camp attendance dates. The resident camp register shall be maintained at the camp facility for a minimum of three years and be available upon request by the local health department.
A. The operator shall designate a person as the camp health supervisor who is responsible for supervising routine and emergency health care at the resident camp. The camp health supervisor’s responsibilities shall include health care related corrective or preventive measures, as applicable and as directed by a staff or consulting health care provider, that impact the health, safety, and well-being of the resident camp staff and camp occupants. The camp health supervisor shall hold current certification in basic first aid and basic life support.
B. Before operation and at least annually thereafter, the camp health supervisor shall make written arrangements for medical care of campers and camp staff by a staff health care provider, consulting health care provider, or the consulting health care provider’s practice.
C. The operator shall maintain health records for each person attending a resident camp. The records shall include:
1. The name, date of birth, and address;
2. The name, address, and telephone number of a minor’s parents or legal guardians;
3. The medical history, including immunization history, and dates of hospital admission and discharge, if applicable;
4. Any physical, developmental, or behavioral conditions or limitations;
5. Any allergy information;
6. Any medications used or prescribed;
D. The camp health supervisor shall, if medication is administered or treatment provided to a camper or minor camp staff member, include the following information in the records maintained pursuant to subsection C of this section:
1. The camper to whom medication is administered or treatment provided;
2. The amount and type of medication administered to the camper;
3. The day and time the medication was administered to the camper;
4. The staff member administering the medication;
5. Any adverse reaction; and
6. Any medication administration error.
E. A health care provider or emergency room shall be available or on call for medical emergencies. Transportation shall be available for any emergency either through an onsite vehicle designated for emergency transport or requested through 911 emergency medical transportation.
F. The operator shall obtain signed permission by a camper’s parent or legal guardian for resident camp staff to provide routine health care treatment, including the administration of medication. The operator shall maintain health care permission records at the camp facility for a minimum of three years and shall make the records available to the local health department upon request.
G. Prescription and non-prescription medication shall only be given to a camper according to prescription instructions, manufacturer's instructions, or any standing orders, if applicable, and with written authorization from the camper’s parent or legal guardian.
1. Medication may only be administered by an adult camp staff member whom the camp health supervisor approved to administer medication, except for the administration of life-saving medications including epinephrine auto-injectors, inhalers, insulin, antiseizure medications, or another medication or device used in the event of life-threatening situations.
2. A camper or camp staff member may carry life-saving medication to ensure the medication is always accessible and available as needed. The operator shall obtain and maintain written consent from a camper’s or minor camp staff member’s parent or legal guardian to carry the life-saving medication.
3. Camp staff may only administer prescription medication that was dispensed from a pharmacy and maintained in the original, labeled container and may administer prescription medication only to the person identified on the prescription label in accordance with the prescriber's instructions pertaining to dosage, frequency, and manner of administration.
H. If needed, the camp health supervisor shall ensure that medication is refrigerated. If medication is stored in a refrigerator also used for food, the medication shall be stored together in a container or in a clearly defined area away from food.
I. With the exception of prescriptions designated by a written health care provider's order, including medication or a device used in the event of life-threatening situations, or refrigerated medication and staff's personal medication, the camp health supervisor shall keep medication in a locked place using a secure locking method that prevents access by children. If a key is used, the camp health supervisor shall ensure the key is not accessible to campers.
J. The camp health supervisor, after administering an emergency or remedial action, shall notify the parents or guardians of an adverse reaction to medication administered or a medication error pursuant to the authorization outlined in subsections F and G of this section.
K. First aid supplies and equipment shall be located and identified within the resident camp in an area designated by the camp health supervisor or as otherwise prescribed in this chapter.
L. Within one year of (insert the effective date of this regulation), an operator shall ensure that a person holding a current First Aid CPR certificate, as appropriate for the age of the children, is on site 24 hours a day while the resident camp is in session.
M. A resident camp shall provide all resident camp staff annual training on health and safety topics including bloodborne pathogens, communicable disease prevention, infection prevention strategies, medication administration, and management of medical emergencies. The operator shall maintain records of the completion of annual staff health and safety training, including training topics, materials, and employee identification, at the resident camp facility for a minimum of three years and shall make the records available to the local health department upon request.
N. The operator or camp health supervisor shall report an incident that requires medical treatment or an accident resulting in death, injury, or illness where emergency medical services are required, other than minor injuries that require only first aid treatment and that do not involve regular or non-emergency medical treatment as provided by a health care provider, to the local health department within 24 hours.
O. Within one year of (insert effective date of this regulation), the resident camp shall provide all camp staff with training complying with subsection M of this section.
A. The camp operator or camp health supervisor shall report, within 24 hours to the local health department, the following:
1. The presence or suspected presence within the resident camp of persons, including campers, camp staff, or other camp personnel who have common symptoms suggesting an outbreak, pursuant to 12VAC5-90-90 D;
2. Any disease listed in 12VAC5-90-80, including conditions that most commonly cause outbreaks in group settings, such as influenza, gastrointestinal illnesses that cause vomiting or diarrhea, and rash illnesses, such as chickenpox or scabies; and
3. Acute environmental exposures, including chlorine or carbon monoxide poisoning or pesticide intoxication.
B. The camp operator shall require camp staff to report to the camp health supervisor, at the time of volunteer or paid employment or within 24 hours if already employed or volunteering, any communicable disease diagnosis or exposure under the criteria listed in subsection A of this section.
C. The camp operator or camp health supervisor shall ensure that campers and resident camp staff that exhibit communicable disease symptoms or are confirmed to have a communicable disease are isolated and excluded from camp activities until released to a parent or guardian, released home, or released to a medical provider.
D. A resident camp shall have facilities for isolation of persons suspected of having a communicable disease.
E. Nothing in this chapter shall be construed to prevent the commissioner from imposing additional requirements to protect against public health threats or hazards related to staff or camper health if the commissioner determines that the additional requirements are necessary to protect public health.
A. A telephone capable of connecting with 911 or emergency dispatch services, including fire and medical services, shall be accessible at all times during resident camp operations. Emergency contact information and telephone numbers shall be posted at the resident camp office or common area.
B. A resident camp shall have a written emergency transportation policy that provides for the use of 911 for emergency medical transportation or an onsite designated vehicle that is available at all times to transport a camper or staff member requiring urgent medical services to a hospital or clinic if the resident camp cannot provide the needed services.
C. A resident camp shall have a written plan for actions to be taken in response to:
1. Emergency response, evacuation, transportation, and relocation;
2. Lost or missing persons;
3. Severe weather, natural disasters, and sheltering in place;
4. Fire;
5. Power outages;
6. Water supply outages or when water supply fails to meet testing requirements;
7. Hazardous materials exposure, as applicable to resident camp operations;
8. Encounters with wildlife;
9. Intrusion or unauthorized access, including active shooters;
10. Injury, including potential injury resulting from equipment use or a specialized program activity, or environment; and
11. A communicable disease or foodborne illness outbreak, including reporting and notification to the health department and an infection control plan outlining isolating facility management, cleaning, and disinfection.
A. The resident camp's physical facilities shall be located on a well-drained site not subject to frequent and sustained flooding or ponding. The premises shall be properly graded to prevent the accumulation of storm or other waters that may create a hazard to the resident camp's physical facilities or to the health and safety of the campers or camp staff. A resident camp with recreational or another designated area within mapped flood plains and shore land areas shall comply with local zoning ordinances.
B. No resident camp facilities may be located within 200 feet of natural or man-made hazards such as mine pits, shafts, and quarries. A resident camp may not be located on ground that is in or on a landfill, abandoned landfill, or area that could otherwise impact the health and safety of campers and camp staff.
C. No resident camp's physical facilities may be located in an area that receives drainage or deposition from a source of contamination, such as garbage or animal waste.
D. The operator shall ensure that campers have limited access to natural hazards present within the camp, such as cliffs or drop-offs, currents or rip tides, or submerged objects. Camper access to natural hazards shall be restricted where possible. The operator shall provide signage that identifies the hazard and shall provide any applicable advisories and safety information related to the hazard.
A. An adequate supply of safe, sanitary, potable water under pressure shall be provided. An approved water supply shall either be a permitted and approved private well or a permitted waterworks. Waterworks shall be maintained and operated in compliance with the Waterworks Regulations (12VAC5-590). Private wells shall be constructed, maintained, and operated in compliance with the standards of the Private Well Regulations (12VAC5-630).
B. Before the issuance of the initial permit to operate the resident camp and then every five years from the date of the initial sampling, the camp operator shall sample the water for lead. Water shall be sampled at all drinking water locations, including kitchen sink faucets, bathroom sink faucets, and drinking water fountains. Where numerous drinking water faucets are provided, including in bathrooms or in a bathhouse, a representative sample may be collected from one sink rather than each individual sink within the bathroom or bathhouse. The water samples shall be tested in accordance with Modules 4 and 5 of the Environmental Protection Agency’s (EPA) October 2018 manual, "3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities." An operator with a water supply reporting detections of lead above the EPA’s lead action level of 15µg/L shall implement a treatment plan to mitigate the risk of lead to campers and camp staff. The operator shall maintain records of annual maintenance and compliance with the treatment plan for the facility's water supply system at the resident camp facility for a minimum of three years and shall make the records available to the local health department upon request.
C. A resident camp operator using private wells for potable water shall sample and test for total coliform and nitrate-nitrogen (NO3--N) before permit issuance and at least annually thereafter. The operator shall make the initial or annual water sample report available for review by the local health department before permit issuance.
D. Private well water shall be satisfactory for the total coliform standards identified in 12VAC5-630-370 and shall not have more than 10 mg/L nitrate-nitrogen (NO3-N).
E. A water sample shall be collected, preserved, and shipped per laboratory instruction. A water sample shall be analyzed by a laboratory certified by the Department of General Services, Division of Consolidated Laboratory Services.
F. The operator shall discontinue use of a public or private water system used to supply potable water to the resident camp if the water from the system does not meet the requirements of this chapter and the applicable waterworks (12VAC5-590) or private well regulations (12VAC5-630).
G. The source of water supply, its storage, and distribution system shall be protected from surface drainage and other means of pollution.
H. The area surrounding a pump or hydrant used for a water supply shall be maintained in a properly drained and sanitary condition to prevent the accumulation of standing water or the creation of muddy conditions.
I. Water shall be provided to campers and staff by:
1. Drinking fountains in accordance with the applicable building code;
2. Individual disposable drinking cups;
3. Reusable drinking cups or containers that are washed, rinsed, and sanitized in accordance with the Food Regulations (12VAC5-421); or
4. Personal water containers.
J. A portable bulk water tank or communal watering station may not be allowed unless the tank, station, and dispensing methods are reviewed and approved by the department. This does not include a portable cooler equal to or less than five gallons, or a personal water container, such as a water bottle.
K. A reusable personal water container provided by the resident camp or an approved portable cooler shall be cleaned and sanitized daily or when returning from overnight excursions or other off-camp travel trips during which full cleaning and sanitizing were not possible.
L. If it is not practical to transport drinking water sourced from an approved waterworks or private well during field outings including backpacking, back country excursions, river trips, or other overnight outings or educational sessions, drinking water treatment through purification methods shall be provided. Water shall be visibly clear and free from debris, foam, blue-green algae, scum, trash, and organic matter. Water shall be treated using one or more of the following methods:
1. Brought to a rolling boil for a minimum of one minute, or three minutes for elevations above 6,500 feet; or
2. Filtered using a filter with a pore size not greater than one micron meeting NSF Standard 53 or 58 and disinfected with a chemical product labeled for the treatment of drinking water or ultraviolet light in accordance with manufacturer instructions.
M. The camp operator shall maintain and use devices for water treatment according to manufacturer instructions and shall maintain the devices in good condition.
N. If ice is provided, the ice shall be provided from an approved source and shall be handled and stored in a manner to prevent contamination.
O. A spring or unapproved well, as established by section A of this section, within the facility grounds shall be eliminated or made inaccessible for human consumption. A water outlet with sources not approved for human consumption under the terms identified in this chapter shall be identified with signage stating, in effect, "WARNING - DO NOT DRINK" and an infographic sign shall be presented in a manner that can be accurately interpreted by campers and staff of any age or reading ability.
P. The connection for potable water piped to individual campsites, if provided, shall be installed so that it will not be damaged by the parking of camping vehicles.
Q. If installed above the ground, the water connection riser shall terminate at least four inches above the ground surface. If installed in a pit, the riser shall terminate at least 12 inches above the floor of the pit, and the pit shall be drained to prevent it from containing standing water. The drain for the pit may not be connected to a sanitary sewerage system.
R. If a water connection and a sewer connection are provided at a campsite, the two connections shall be separated by a minimum horizontal distance of 10 feet. A resident camp that has been issued a permit before (insert the effective date of this regulation) shall be exempt from the 10 feet requirement and shall maintain the minimum horizontal distance between water and sewer connections approved at the time of permitting and construction. If a resident camp that is exempt pursuant to this subsection conducts construction or renovation activity impacting water and sewer connections, except normal maintenance work, the 10 feet requirement shall apply to all campsites where work is conducted.
A. Every resident camp shall have and maintain an approved method of collecting, conveying, and disposing of all sewage and liquid wastes pursuant to the Sewage Handling and Disposal Regulations (12VAC5-610) or other applicable Virginia sewage regulations.
B. A method or system of collecting and disposing of sewage and liquid wastes, whether temporary or permanent, shall be subject to the approval of the commissioner or shall be in accordance with an approved permit for the sewage collection and disposal.
C. Pursuant to the Sewage Handling and Disposal Regulations (12VAC5-610), it shall be unlawful to discharge sewage, sink wastewater, shower wastewater, greywater, or other putrescible wastes in such a manner as to enter the ground surface, subsurface, or a body of water, except following a treatment device or process approved prior to construction by the commissioner or in accordance with an approved permit for the activity.
D. An individual sewer connection for a camping vehicle, if provided, shall be installed pursuant to the following provisions:
1. The individual sewer line shall be at least four inches in diameter, shall be trapped below the frost line, and shall be laid at depths sufficient to provide adequate protection against physical injury.
2. The sewer inlet shall (i) consist of a four-inch riser extending, at a minimum, four inches above the surface of the surrounding ground to accommodate a hose connection from the camping vehicle, or (ii) be designed to divert surface drainage away from the riser. The riser shall be imbedded firmly in the ground and be protected against heaving and shifting.
3. The sewer riser shall be equipped with a standard ferrule and close nipple provided with a tight cap or expanding sewer plug. When the sewer riser is not in use, it shall be capped or plugged.
4. The sewer hose between the camping vehicle and the sewer riser shall be watertight and shall be of flexible, non-collapsible, corrosion and weather resistant material of suitable diameter to fit the camping vehicle drain. The sewer hose’s lower end shall be secured into the open sewer riser with a gasket of rubber or other suitable material. All joints shall be effected to prevent the leakage of sewage or odor and prevent the entrance of rodents or insects.
The preparation and service of food at resident camp dining halls, commissary operations, concession stands, and outdoor food service operations shall comply with and be permitted through the Food Regulations (12VAC5-421) unless otherwise exempt pursuant to § 35.1-25 of the Code of Virginia. If food for campers and staff is not provided by the camp, food shall be obtained from a food establishment holding a valid permit from the department or other approved provider, as determined by the local health department.
A. The construction and accessibility of toilets, toilet rooms, toilet buildings, and bathing facilities shall be in accordance with the applicable building code.
B. Every resident camp shall provide adequate sanitary facilities located within 500 feet of all overnight lodging units, tents, or other sleeping accommodations, or as specified by the applicable building code.
C. Sanitary facilities shall be provided with non-absorbent and easily cleanable surfaces and equipment, artificial lighting with at least 10-foot candles at a distance of 30 inches from the floor, exterior self-closing doors, and be effectively screened. Flooring shall be nonabsorbent and easily cleanable.
D. A resident camp shall provide a minimum of one toilet and one handwash facility for every 10 campers and staff or fraction thereof. Urinals may be substituted for up to one-half of the required number of toilets for males. Each toilet facility shall be provided with a closed lid waste receptacle and an adequate supply of toilet paper in each stall.
E. If two or more toilet facilities are provided, the required number of toilets shall be distributed proportionally by gender. The operator may use gender neutral toilets if the total number of required toilets is the same or higher than specified in this section. A gender neutral toilet facility shall be designed for single occupancy.
F. A privy of a type approved by 12VAC5-610-980 may be substituted for a toilet if provided according to the schedule in subsection D of 12VAC5-440-310. If present, a privy shall be maintained in good repair, pumped as needed, and kept clean and sanitary at all times.
G. Handwashing sinks shall be provided in facilities having flush toilets and at all bathing facilities. Handwashing sinks shall be provided with an adequate supply of soap and with single use toweling or a hand drying device, not to include communal or reusable hand towels, in locations that are accessible to all campers, staff, and visitors.
H. Portable handwashing sinks may be provided if privies are used. Portable handwashing sinks shall be provided with an adequate supply of soap and with single use toweling in locations that are accessible to all campers, staff, and visitors, and shall be serviced at least daily during operations. In the absence of handwashing sinks, hand sanitizer shall be provided and accessible in all privies.
I. A minimum of one shower shall be provided for every 20 campers and staff, or fraction thereof. Shower area floors shall be provided with an anti-slip surface or matting. A shower shall not be required for or during overnight excursions of four nights or less or if a full session of a resident camp is four nights or less.
J. All service buildings and toilets, urinals, lavatories, showers, and other appurtenances located therein shall be maintained in a state of good repair and shall be kept in a clean and sanitary condition at all times. No toilet or shower room may be used for miscellaneous storage during operation of the resident camp.
A. The storage, collection, and disposal of solid waste shall be conducted in a manner to avoid the creation of health hazards, fire hazards, rodent harborages, insect breeding areas, and accidents. A solid waste container shall be easily accessible and emptied at a frequency to avoid overflow or other nuisances.
B. Solid waste stored within the resident camp shall be stored in durable, rust resistant, watertight, non-absorbent, and easily cleanable containers with tight fitting covers. A container and cover shall be maintained in a clean condition and in good repair. The resident camp shall provide containers in sufficient number and size to accommodate all solid waste generated between collections.
A. A chemical, flammable material, or other hazardous substance may only be used for the intended purpose and according to the manufacturer's instructions stated on the container label.
B. The operator shall ensure that chemicals and other hazardous substances are stored in a separate and secure area accessible only to appropriate staff, and in containers that are appropriate for use, easily identifiable and labeled.
A. A permanent and semi-permanent resident camp structure, building, and portions thereof shall be designed and constructed in accordance with the applicable building code. A tent is not considered a permanent or semi-permanent structure and shall be used in accordance with the manufacturer's design and instructions.
B. Floors, walls, ceilings, and attached or freestanding appurtenances, fixtures, and equipment in all permanent, semi-permanent, and tent structures shall be kept clean and in good repair.
C. A structure shall be maintained in accordance with the applicable State Fire Protection Code (13VAC5-52) to provide easy, unobstructed exit in case of fire or another emergency. For a permanent or semi-permanent structure, a diagram reflecting the exit locations and exit pathways shall be posted in a location visible to campers of any height.
D. A tent made of flame-retardant material, in accordance with National Fire Protection Association Standards, shall maintain a minimum distance of 15 feet from any open flame, including campfires. A tent not made of flame-retardant material shall maintain a minimum distance of 50 feet from any open flame, including campfires. An open flame is prohibited within a tent used for sleeping quarters.
E. All temporary, semipermanent, or permanent structures used as sleeping quarters shall have all outer openings effectively screened or protected to prevent the entry of insects and other pests or vermin and maintained in good repair.
F. Sleeping quarters shall meet occupancy limitations pursuant to the applicable building code, or otherwise provide a minimum of 30 square feet of floor space for each camper in a permanent or semi-permanent structure used for sleeping purposes. The capacity for campers in a tent shall not exceed the manufacturer’s specification for maximum occupancy, as applicable.
G. A permanent or semi-permanent structure used as sleeping quarters shall provide adequate ventilation as prescribed by the applicable building code and shall meet the following provisions:
1. Sleeping quarters shall be designed to provide a minimum of two feet separation between beds, cots, or sleeping bags on all sides.
2. If bunk beds are used, there may not be less than 27 inches of separation between the top of the lower mattress and the bottom of the upper bed or between the top of the upper bed and the ceiling.
H. A temporary structure used as sleeping quarters, such as a tent, shall provide ventilation and protection from the elements, and be otherwise used as prescribed by manufacturer instructions or design.
I. An article of bedding or furniture, if provided or present, shall be kept clean, free of insects, pests, and rodents, and in good repair. Bedding shall be changed between campers, when soiled, and at least weekly.
J. A bed shall have a mattress, or mattress cover, if used, that is impervious to moisture and easily cleanable.
K. If bunk beds are provided, they may not exceed two bunks in height and shall be equipped with guardrails attached to the upper bunks to prevent campers from accidentally rolling out of bed. A guardrail shall meet the manufacturer's requirements.
A. Specialized program equipment, devices, structures, frames, or constructed or assembled apparatuses shall be maintained in good repair and as designed by manufacturer’s specifications, as applicable.
B. Except for campfires, all specialized program equipment, devices, structures, frames, or constructed or assembled apparatuses shall be inspected before use, unless specifically exempted by the local health department. Documentation of the inspection shall include the name of the person or company conducting the inspection, the date, certification information as applicable, a list of the equipment and structures inspected, conditions noted, and any maintenance or restriction requirements. The operator shall maintain inspection documentation at the resident camp for a minimum of three years and make the documentation available to the local health department upon request.
C. Specialized program equipment shall be securely stored or restricted when not in use or under direct supervision by a trained adult. Storage and restriction may include fences, barriers, or other access prevention strategies.
D. The operator shall require and make available necessary safety provisions and the applicable protective equipment, including helmets, designed and approved for the specific activity use for campers engaged in specialized program activities or using specialized program equipment.
E. Playground equipment shall be installed according to manufacturer’s instructions and shall be maintained in good repair.
A. A person holding a current lifeguard certification shall supervise a swimming, small watercraft, or boating activity. One lifeguard shall be provided for every 25 campers, or fraction thereof, engaged in aquatic activities. In addition to the lifeguard, one attendant shall be provided for every 10 campers, or fraction thereof, engaged in aquatic activities.
B. A dock, ladder, raft, diving board, boat, life jacket, paddle and any other water recreational equipment, appurtenance, or provision shall be maintained in good repair and in a manner that will not harm a camper or staff or otherwise impede a person's ability for self-rescue or other personal protection.
C. The camp operator shall develop and maintain on-site a lifeguard and attendant staffing plan. The plan shall identify (i) recreational water areas, including man-made and natural waters used by campers; (ii) designated areas of use for program activities; (iii) location of potential hazards; (iv) artificial lighting type, when provided; (v) first aid equipment location; (vi) emergency response information; (vii) hours of operation; and (viii) staffing locations.
D. The camp operator shall conspicuously post the resident camp's swimming rules and restrictions and boating or other aquatic activity rules in aquatic activity areas.
E. A resident camp that provides an aquatic activity in natural or untreated waters on camp property, including oceans, bays, lakes, ponds, rivers, streams, or other untreated waterways, shall provide signage at access points that identifies and alerts users of potential hazards. If a hazard is known or reported to be present within the waterway at the resident camp, the camp operator shall post applicable advisories and safety information related to the hazard. Potential hazards of waterways may include the following:
1. Physical hazards, including rip currents, undertow current, rocks, trees, or other submerged obstacles, that may result in entrapment, snag, or injury;
2. Biological hazards, including bacteria, parasites, or viruses;
3. Chemical hazards, including pollutants or releases from discharges to the waterway; or
4. Other hazards identified by the camp operator or other local, state, or federal agency.
F. Swimming shall be prohibited in a stormwater pond, otherwise referred to as a basin or wet pond. A resident camp that has a stormwater pond accessible by campers and camp staff shall post signage that prohibits swimming.
A. The construction, modification, maintenance, operation, and use of a swimming pool at a resident camp, if provided, shall be subject to the applicable building code, and the applicable regulations of the State Board of Health, including the Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools (12VAC5-460) and the Swimming Pool Regulations Governing the Posting of Water Quality Test Results (12VAC5-462).
B. If not otherwise prescribed by State the Board of Health, safety equipment shall be maintained within the immediate vicinity, or no less than 30 feet, of the natural or man-made swimming area, including:
1. An equipped and maintained first-aid kit;
2. A reaching pole or shepherd's crook;
3. A ring buoy, rescue tube, or throw bag; and
4. A backboard equipped with head immobilizer and sufficient straps.
C. Night swimming or swimming that occurs one half hour before sunset to one half hour after sunrise shall be prohibited in natural or untreated swimming areas. Night swimming shall be prohibited in a swimming pool unless light levels are provided in accordance with the applicable building code.
A. The operator shall ensure that:
1. Every boat or other watercraft is provided with at least one U.S. Coast Guard approved personal floatation device that is readily accessible, available, and appropriately sized for each person on board; or
2. Each person within the boat or other watercraft wears an appropriately sized, U.S. Coast Guard approved personal floatation device.
B. The operator shall designate at least one boat or other watercraft involved in aquatic activities that is not in a designated swimming area as a rescue boat and shall provide the boat or watercraft with a rescue pole or a throw rescue device attached to a rope of at least ¼-inch in diameter and at least 25 feet in length.
A. No stray dog, cat, fowl, or other stray domestic animal may be permitted to run at large within the limits of a resident camp’s premises.
B. All animals shall be licensed and vaccinated pursuant to applicable state and local requirements. The operator shall maintain the licensure and vaccination documentation at the resident camp facility for a minimum of three years and shall make the documentation available to the local health department upon request.
C. Horse and livestock prescription medication shall be secured in an area away from camper access and locked when not in use.
D. A livestock area shall be maintained free from the excessive accumulation of manure.
A. A vehicle used to transport campers shall be insured with at least the minimum limits pursuant to § 46.2-472 of the Code of Virginia, as applicable, meet the safety standards set by the Department of Motor Vehicles as indicated by a valid and current state inspection sticker, be kept clean and in good condition to assure the safety of children, and be operated in a safe and legal manner.
B. A vehicle shall be equipped with a first aid kit, fire extinguisher, maps, and other appropriate emergency response equipment. At least one resident camp staff member shall have a functioning communication device for emergency communication and shall carry life-saving medication, instructions, and written parental or legal guardian permission, as applicable.
C. At least one resident camp staff member with a valid driver's license shall remain in the vehicle when campers are present in the vehicle. Resident camp staff or an attendant shall verify that all children have been removed from the vehicle at the conclusion of any trip.
D. When traveling beyond resident camp boundaries, the names of the campers, parent or guardian contact information, and resident camp contact information shall be carried in the vehicle.
E. The drivers and passengers shall use safety belts and child restraints in accordance with Article 13 (§ 46.2-1095 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia, and any other applicable law and manufacturer's guidelines.
F. The drivers, resident camp staff, chaperones, and attendants shall receive instructions in transportation safety precautions, including:
1. The use of developmentally appropriate safety restraints in accordance with state and federal child restraint laws and regulations and recognized best practices;
2. Resident camp or camper specific emergency medical response procedures;
3. The appropriate use of first aid and emergency response medication and equipment;
4. The location of emergency facilities and driving directions; and
5. Child supervision during transport.
G. The operator shall document the receipt of transportation instructions to drivers, resident camp staff, chaperones, and attendants, shall maintain the documentation at the resident camp facility for a minimum of three years, and shall make the documentation available to the local health department upon request.