1. (1) Applicability. This chapter applies to all campgrounds, except that only s. ATCP 79.26, apply to special event campgrounds.

2. (2) Variance.

   1. (a)

      1. 1. The department may approve a variance to a method, practice, material, equipment or design required under this chapter that will not be contrary to public health, safety or welfare if the department is provided with satisfactory proof that the variance will achieve results that are closely equivalent to the results of literal application of the requirement under this chapter.

      2. 2. To apply for a variance, the operator shall apply on a form provided by the department. An application for a variance from the requirements of this chapter shall be made in writing to the department, specifying all of the following. The department may require additional information from the operator before acting on the request:

         1. a. The rule from which the variance is requested.
         2. b. The specific alternative action which the operator proposes.
         3. c. The reason for the request.

         4. d. Justification that the variance will not adversely affect the public health, safety, or welfare.

            Note: To obtain a form for requesting a variance, e-mail datcpdfrsrec@wisconsin.gov or contact the Bureau of Food and Recreational Businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.

   2. (b) The department shall approve or deny a request for a variance in writing within 30 business days after receiving a complete application for a variance and any additional information requested by the department. A variance approved by the department under par. (a) may be made conditional for:

      1. 1. A defined period of time.
      2. 2. Experimental or trial purposes.

History

History: CR 15-001: cr. Register October 2015 No. 718, eff. 2-1-16; renum. from DHS 178.02 Register June 2016 No. 726; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.