SB 443, as amended, Walters. Organized camps.
Existing law requires the Director of Public Health to establish rules and regulations establishing minimum standards for organized camps and regulating the operation of organized camps that the director determines are necessary to protect the health and safety of the campers.
Existing law establishes minimum standards for the operation, regulation, and enforcement of organized camps, as defined.
The bill would include “organized resident camp,” as defined, and “organized day camp,” as defined, within the definition of the term “organized camp.” The bill would require an “organized resident camp” and an “organized day camp” to provide written verification that the camp is accredited by the American Camp Association or the Boy Scouts of America or develop a written operating plan and file the plan with the local health officer at least 30 days prior to operation of the camp, would require submissions of an operating plan to the local health officer, would authorize the local health officer to assess related fees, and would require camps operated by a city or a county, or a city and county, to comply with applicable provisions. By imposing these additional requirements upon local health officers and cities and counties, this bill would impose a state-mandated local program.
This bill would require an organized day camp to have adequate staff to carry out the program, including, but not limited to,begin insert compliance with specified staff training and supervision regulations andend insert a qualified program director present at all times during operation of the camp. The bill would exempt an organized day camp from certain construction and other standards generally applicable to organized resident camps.
This bill would require the department, in amending the rules and regulations pertaining to organized camps, to obtain the input and advice of prescribed organizations.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 18897 of the Health and Safety Code is
2amended to read:
(a) “Organized camp” means an organized resident
4camp or an organized day camp.
5(b) (1) “Organized resident camp” means a site with
programs
6and facilities established for the primary purposes of providing an
7outdoor group living experience with social, spiritual, educational,
8or recreational objectives, for at least four consecutive overnight
9stays during one or more seasons of the year.
10(2) “Organized resident camp” includes, but is not limited to,
11a camp accredited or operated by the American Camp Association,
12the YMCA, the Girl Scouts of the USA, the Boy Scouts of
13America, the Camp Fire USA, the Boys and Girls Clubs of
14America, the Salvation Army, and the Christian Camp and
15Conference Association.
16(c) (1) “Organized day camp” means a program, which may or
17may not have a fixed site, that is established for the primary
P3 1purpose of providing outdoor group living
experiences for children
2through 17 years of age, and that operates seasonally during times
3when school is not regularly in session. An organized day camp
4provides group-based recreation and expanded learning
5opportunities with social, spiritual, educational, or recreational
6objectives. An organized day camp may transport campers to parks,
7beaches, campsites, and other excursion locations for activities.
8An organized day camp may provide for up to three consecutive
9overnight stays.
10(2) An organized day camp includes, but is not limited to, a
11camp that is a member of the American Camp Association, the
12Association for Environmental and Outdoor Education, the
13Christian Camp and Conference Association, the Western
14Association of Independent Camps, the Boy Scouts of America,
15the YMCA, and other similar camping associations.
16(d) The terms “organized resident camp” or “organized day
17camp” do not include sites or programs that are used by couples
18or groups for counseling, religious retreats, reunions, conferences,
19and special events, on an intermittent short-term basis of less than
20four consecutive overnight stays.
21(e) The terms “organized resident camp” and “organized day
22camp” do not include a hotel, motel, tourist camp, trailer park,
23resort, hunting camp, auto court,
or other program or facility
24subject to occupancy taxes, and do not include licensed child care
25facilities or home-finding agencies.
Section 18897.8 is added to the Health and Safety
27Code, immediately following Section 18897.7, to read:
(a) An organized resident camp or organized day
29camp shall provide written verification that the camp is accredited
30by the American Camp Association (ACA) or the Boy Scouts of
31America (BSA) or shall develop a written operating plan and file
32the plan with the local health officer at least 30 days prior to
33operation of the camp. The local health officer shall, within 30
34days, acknowledge receipt of the verification of the accreditation
35or the operating plan. A charge shall not be imposed for any camp
36accreditation acknowledgment. Thebegin delete departmentend deletebegin insert local health officerend insert
37
may charge a fee for the review of an operating plan, that shall not
38exceed the actual cost of plan review.
39(1) Upon receipt of the local health officer’s acknowledgment,
40a camp shall post a copy of the acknowledgment in a conspicuous
P4 1location on the camp premises, and on the camp’s Internet Web
2site.
3(2) The local public health officer may inspect a camp and
4charge a fee for that purpose, not to exceed the actual cost of the
5visit. A summary and explanation of charges shall be given to the
6camp following the camp visit. If an inspection is not made,
7charges shall not be imposed on the camp other than for reviewing
8an operating plan, if applicable.
9(3) A camp that has been cited for failing to meet
legal
10requirementsbegin delete shall have the right toend deletebegin insert
mayend insert appeal that citation to the
11local health department.
12(b) If an organized resident camp or organized day camp
13constructs or operates educational facilities and programs that
14include ropes courses, challenge courses, climbing walls, repelling
15towers, zip lines, canopy tours, or other similar adventure
16challenges, the camp’s written operating plan shall include all of
17the following:
18(1) A provision ensuring that campers are kept separated from
19individuals who use these facilities on a day-use basis.
20(2) A provision ensuring that oversight of activities is provided
21by camp staff.
22(3) A provision that ensures that the
construction and operating
23standards of those facilities and programs are in compliance with
24the standards established by the Director of Public Health pursuant
25to this part, or are in compliance with standards adopted by one
26or more of the following if the Director of Public Health determines
27that the following standards are substantially similar to the
28standards developed by the director under this part:
29(A) The American Camp Association.
30(B) The Association of Challenge Course Technology.
31(C) Project COPE.
32(D) An equivalent certification program.
33(4) A written operating plan prepared pursuant to this
34
subdivision shall be filed with the local health officer at least 30
35days prior to construction, and shall also be filed annually
36thereafter. A camp shall submit its plans and any associated fees
37to the local health officer by certified mail.
38(c) An organized day camp shall have adequate staff to carry
39out the program, including, but not limited to, a qualified program
40director who has at least two seasons of administrative or
P5 1supervisory experience at an organized day camp or at a youth
2program. The program director shall be present at all times during
3operation of the organized day camp.begin insert Additionally, an organized
4day camp and an organized residential camp shall meet the
5requirements of Section 30751 of Title 17 of the California Code
6of Regulations.end insert
7(d) An organized resident camp or an organized day camp
8operated by a city or a county, or a city and county, shall comply
9with the relevant provisions of this part.
10(e) Except as set forth in this section, and Sections 18897 and
1118897.9, the construction and other standards set forth in this part
12are not applicable to an organized day camp.
Section 18897.9 is added to the Health and Safety
14Code, immediately following Section 18897.8, to read:
The State Department of Public Health, in adopting
16or amending the rules and regulations pertaining to organized
17resident camps and organized day camps under this part, shall
18make reasonable efforts to obtain the input and advice of
19organizations in the field. All costs incurred by the participating
20organizations shall be borne by the organizations themselves. The
21department shall implement this section in the most cost-effective
22manner deemed feasible.
No reimbursement is required by this act pursuant to
24Section 6 of Article XIII B of the California Constitution because
25a local agency or school district has the authority to levy service
26charges, fees, or assessments sufficient to pay for the program or
27level of service mandated by this act, within the meaning of Section
2817556 of the Government Code.
29However, if the Commission on State Mandates determines that
30this act contains other costs mandated by the state, reimbursement
31to local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the
Government Code.
O
98