10-144-208 Me. Code R. § 1

Current through 2024-51, December 18, 2024
Section 144-208-1 - GENERAL PROVISIONS
1.A. ADMINISTRATION. The Department is authorized and empowered to make and enforce all necessary rules for the administration of Title 22, Chapter 562.
1.B. FEES. The fees for licensing of youth resident camps, day camps, and trip and travel camps shall be as follows and as adopted in the 10-144 CMR 201, Rules Relating to the Administration and Enforcement of Establishments Licensed by the Eating and Lodging Program (2004):

Day Camps $45.00

Residential Camps $90.00

Trip and Travel Camps $45.00

Licenses are valid for 1 year from date of issue.

1.C. SEVERABILITY CLAUSE. The provisions of the rules are severable. If any provision of the rules is invalid, or if the application of the rules to any person or circumstance is invalid, such invalidity shall not affect other provisions or applications, which can be given effect without the invalid provision or application.
1.D. VARIANCE OF REQUIREMENTS.
1.D.1. The Department may grant a variance by modifying or waiving the requirements of this Rule if a health hazard will not result from the variance. If a variance is granted, the Department shall retain the information specified under 1.D.2.
1.D.2. The Department may include specific provisions for the length of the variance.
1.D.3. Documentation Of Proposed Variance And Justification. Before a variance from a requirement of this Rule is approved, the information that shall be provided by the youth camp requesting the variance and retained in the Department's file on the youth camp includes:
(A) A statement of the proposed variance citing relevant rule section numbers;
(B) An analysis of how the potential health hazards addressed by the relevant Rule sections will be alternatively addressed by the proposal.
1.E. APPLICATION.
1.E.1. Application for a license shall be made to the Department on forms provided by the Department.
1.E.2. A separate license shall be issued for each youth camp location and shall not be transferable or assignable.
1.F. EXCEPTIONS. Youth camps licensed by the Department prior to the effective date of these rules, which do not comply with the rules, may be deemed acceptable if they are capable of being maintained in a safe and sanitary condition.
1.G. PURPOSE. The purpose of these rules is to provide safe and sanitary conditions for campers consistent with the philosophy, type or style of camp experience offered at each individual youth camp.
1.H. DEFINITIONS. The following words and terms, when used in the rules, shall have the following meanings, unless the context indicates otherwise.

ACCREDITED PROGRAM: An approved credentialing program, recognized by the Department, which provides certification in knowledge pertaining to a particular skill.

ADULT: Any person 18 years of age or older.

AQUATICS: A program of activities, including swimming, watercraft or other recreational water related activities, that occur in the water or at the waterfront.

BASE CAMP: The site from which a primitive or trip camping expedition originates.

BUS. A vehicle designed to seat more than 15 passengers, including the driver.

CAMPER: Any person in a youth camp on a fee or non-fee basis who is a participant in the regular program and training of a youth camp, and who may take on duties relating to such program and training.

CHILD or CHILDREN: A person or persons under the age of 18.

COUNSELOR: A person who supervises or instructs campers.

CRITICAL VIOLATION: A critical violation is a violation of these rules which presents a clear risk of contamination, illness, or environmental health hazard. A critical violation is denoted in these rules by the letter "C."

DAY CAMP: A youth camp operated for any part of a day, but not overnight, for five or more consecutive days during one or more seasons of the year. Campers go home to parent or guardian each night, except for an occasional overnight.

DEPARTMENT: The Department of Health and Human Services.

DUCKBOARD: A boardwalk placed on the floor of a shower to keep occupants out of any accumulation of water.

DWELLING: Any enclosed space, which is wholly or partly used for living or sleeping by human occupants.

EXTENSIVELY RENOVATED OR EXPANDED: An increase of 25% or more of (a) the youth camp's population, or (b) the youth camp's kitchen, infirmary or shower/bathroom buildings.

GARBAGE: All putrescible wastes, except sewage and body waste, including animal and vegetable offal.

HEALTH HAZARD: A significant threat or danger to health and safety that requires immediate correction or cessation of operation or activity to avoid potential, enduring and severe injury to one or more individuals.

LIFEGUARD: A person certified as a lifeguard by the American Red Cross or who has equivalent certification from a NRCB.

LOOKOUTS: Lookouts are staff members without lifeguard certification who work under the direct supervision of lifeguards in observing participants in swimming activities.

NATIONALLY RECOGNIZED CERTIFYING BODY (NRCB): An organization recognized in its country of origin as one that certifies that an individual has certain training or skills.

NON-CRITICAL VIOLATION: A non-critical violation is a violation of these rules which does not present a clear risk of contamination, illness, or environmental health hazard. A non-critical violation is denoted in these rules by the letters "NC."

NOTIFIABLE CONDITION: Any communicable disease, occupational disease or environmental disease, the occurrence or suspected occurrence of which is required to be reported to the Department pursuant to 22 M.R.S.A. Ch. 250.

OPERATOR: Any person or entity who owns and/or operates a youth camp.

PRIMITIVE FACILITY: A portion of the basic camp premise or other site under control of the operator of the camp, at which site the basic needs for camp operation such as places to abode, water and supply systems, permanent type toilet facilities and permanent types of culinary facilities are not usually provided.

PROGRAM: An activity or activities conducted and monitored by the camp.

REFUSE: All nonputrescible solid wastes, except body wastes. Refuse includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

REPORTABLE CONDITION: Medical conditions as described in Section 5.C.1 of these rules which are required to be reported within 72 hours to the Department.

RESIDENTIAL CAMP: A youth camp where campers stay overnight and camp is responsible for campers 24 hours a day.

RUBBISH: All nonputrescible solid wastes, except ashes. Rubbish consists of both combustible and noncombustible material, such as paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, metals and similar materials.

SCHEDULE II DRUG: A drug scheduled in accordance with 21 U.S.C. §§ 801 et. seq. that has a current accepted medical use and a high potential for severe psychological or physiological abuse.

SEWAGE: Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals or any other polluting substance.

SHALL: Verb used to indicate a mandatory statement, the only acceptable method under these rules.

SHOULD: Term used to reflect the most preferable procedure, yet allowing for use of effective alternatives.

STAFF: Any camp employee or volunteer including a counselor.

STANDING ORDERS: Written instructions for medical care consistent with the youth camp's program(s), prepared, signed and dated annually by a licensed physician or nurse practitioner.

SWING VIOLATION: A violation that may or may not be critical depending on the circumstances. Denoted in these rules by "S".

TENT OR TENT DWELLING: Any non-permanent shelter of which twenty-five per cent (25%) or more of the wall or roof or both are constructed of, or covered or protected by, canvas or any other fabric material.

TRIP CAMPING: A program with a duration of 3 or more consecutive nights in which groups of individuals who are mobile, moving under their own power or by transportation which permits individual guidance of the vehicle or animal (e.g., bicycle, canoe, horse, sailboat, snowmobile), travel from one site to another.

VAN means a vehicle having a capacity of 10 to 15 passengers, as determined by the vehicle manufacturer.

VARIANCE means a written document issued by the Department that authorizes a modification or waiver of one or more requirements of this rule if a health hazard will not result from the modification or waiver

WATERFRONT: Any areas adjacent to a body of water including artificial pools, where swimming or other recreational water related activities occur.

WATER SUPPLY: A source of water, and any or all water treatment storage, transmission and distribution facilities.

YOUTH CAMP: A combination of program and facilities established for the primary purpose of providing an outdoor group living experience for children with social, recreational, spiritual, and educational objectives and operated and used for five or more consecutive days during one or more seasons of the year. Youth camps include day camps, residential camps and trip and travel camps.

10-144 C.M.R. ch. 208, § 1