In this subtitle the following words have the meanings indicated. “Alternative accreditation” means a national camping standard that is acceptable to the Secretary as providing adequate health and safety protection for the campers, such as the American Camping Association standards for camp programs and services and the Boy Scouts of America standards, which includes an annual monitoring process to verify compliance with the standard. “Camper” means any child under 18 years of age who is attending a youth camp. “Certificate” means a single certificate issued by the Department to a youth camp under this subtitle. “Council” means the Youth Camp Safety Advisory Council. “Day” means all or part of a 24-hour period. “Day camp” means a youth camp that: Is operated for all or part of the day but less than 24 hours a day; Is conducted for at least 7 days during a 3–week period; and Provides 3 or more recreational activities or any 1 specialized activity including: Aquatic programs; Horseback riding; Firearms control; Riflery; Archery; Adventure camps; Artistic gymnastics; Hang gliding; Road cycling; Skiing; Rock climbing; Spelunking; Motorized vehicle activities; Rappelling; and High ropes. “Occasional use” means periodic involvement in a program where there is no expectation of regular attendance. “Operate” means to supervise, control, conduct, or manage a youth camp as: An owner; An agent of the owner; A lessee of the owner; A director; or An independent contractor. “Residential camp” means a youth camp operating at a facility or campsite at which a camper either lives apart or intends to live apart from the camper’s relatives, parents, or legal guardians for at least 5 consecutive days. “Routine activity” means any type of activity other than a specialized activity as set forth in subsection (g)(3) of this section that is conducted for children by a youth camp. “Travel camp” means a residential camp that: Operates for at least 5 consecutive days; and Provides for campers to use motorized transportation to move as a group to or among sites for experiences in different environments. “Trip camp” means a residential camp: That operates for at least 5 consecutive days; and In which a group of individuals move from 1 site to another under their own power or by transportation which permits individual guidance of a vehicle or animal. “Unit” means a board, department, agency, or other component of a county or a municipal corporation. “Youth camp” or “camp” means any day camp, residential camp, travel camp, or trip camp that: Accommodates 7 or more campers who are unrelated to the person operating the camp; Provides primarily recreational activities or has a substantial outdoor recreational component; Has permanent buildings, temporary buildings, or no buildings; and Operates on: Owned private property; Owned private facilities; Leased private property; Leased private facilities; Public property; or Public facilities. “Youth overnight program” means an activity sponsored by a religious or a community organization at a facility or site at which an individual less than 18 years old either lives apart or intends to live apart from the individual’s relatives, parent, or legal guardians for fewer than 5 consecutive days.

This subtitle and the regulations issued under this subtitle do not apply to: Purely social activities of a family or the guests of a family; Subject to subsection (b) of this section, programs or activities directed or operated by a board of recreation, recreation department, or similar public unit of a county, a municipality, as defined by § 1–101 of the Local Government Article, or the Maryland–National Capital Park and Planning Commission, that involve use of neighborhood facilities, including: Schools; Playgrounds; Parks; or Recreation centers; Subject to subsection (c) of this section, programs or activities directed or operated by an agency of the State that involve occasional use of public facilities including: Schools; Playgrounds; Parks; or Recreation centers; or Youth overnight programs sponsored by religious or community organizations operating or conducted for not more than 5 consecutive days during any 1 calendar year, such as a vacation bible school, youth bike trip, and similar activities. Subject to the provisions of paragraph (2) of this subsection, each local government shall adopt health and safety standards pertaining to the operation of youth camps. Each unit of local government, or the Maryland–National Capital Park and Planning Commission, that directs or operates a program or activity under subsection (a)(2) of this section shall certify in writing on or before April 1 of each year to the Maryland Department of Health that all of those programs and activities operated by the unit comply with the applicable health and safety standards of the local jurisdiction in which the program or activity is located and any State law the enforcement of which has been delegated to local government. However, a unit may annually elect to comply with this subtitle and the regulations adopted under it. Each agency of the State that directs or operates a program or activity that is not exempt under subsection (a)(3) of this section shall annually certify in writing to the Maryland Department of Health that each program or activity operated by the agency complies with this subtitle and the regulations adopted under it. The Department shall: Conduct inspections of: A random 5 percent sample of programs or activities described under subsection (b) or (c) of this section to ensure that each program or activity is in compliance with all applicable health and safety laws and standards; and Any program or activity about which a complaint has been filed; and Advise the unit or agency of any significant violation of State regulations that would adversely impact the health or safety of children participating in a program or activity.

In addition to the powers set forth elsewhere in this article and subject to the provisions of Title 10 of the State Government Article, on or before October 1, 1987, the Secretary shall adopt regulations for certifying youth camps and for issuing letters of compliance. An applicant for a certificate shall submit an application to the Department on the form that the Secretary requires. An application for a certificate or for a letter of compliance shall include: The name and permanent mailing address of the applicant; The proposed location of the youth camp; and Any other information and fee that the Department requires. For a unit or agency subject to the provisions of this subtitle, the Secretary shall require the unit or agency to complete only one application for certification for all youth camps directed or operated by that unit or agency. The Department shall be solely responsible for implementing and enforcing the provisions of this subtitle. Except as provided in subparagraph (iii) of this paragraph, the Secretary may impose a fee for the purpose of inspecting, monitoring, and regulating youth camps in accordance with § 2-104 of this article. A camp accredited or certified in accordance with the provisions of subsection (b)(9) of this section may not be charged a fee under the provisions of this article. The operator of a youth camp directed or operated by a bona fide religious organization shall: Submit an application for certification; Submit an application for a letter of compliance and have the youth camp inspected by the Department; or Submit an application for a letter of compliance and proof of an alternative form of accreditation acceptable to the Secretary under subsection (b)(9) of this section. When a youth camp is operating under subparagraph (i) of this paragraph, and an inspection reveals health or safety violations of the regulations adopted under this subtitle, the Secretary may issue an order to abate the violation or to cease operation. With due consideration for conditions existing in nature and for the importance of outdoor adventure experiences, the regulations shall include: Safety procedures for: Aquatic programs; Horseback riding; Firearms control; Riflery; Archery; Adventure camps; Artistic gymnastics; Hang gliding; Road cycling; Skiing; Rock climbing; Spelunking; Motorized vehicle activities; Rappelling; or High ropes; Except for outdoor cookouts, sanitation regulations pertaining to the facilities and personnel for the storage, preparation, and serving of food products; Personal health, first aid, and medical services, health supervision, and the maintenance of health records for campers; Water supplies, sewage disposal systems, and refuse collection and disposal procedures; Fire and safety standards relating to the buildings and the occupants of buildings; Systems for the routine reporting of fatalities and serious illnesses or accidents; Any personnel screening procedures that are required for operators and employees of group day care centers; Procedures for conducting inspection, monitoring compliance, and verifying information; Alternate accreditation which has been approved by the Secretary; and Minimum standards for the supervision of campers during routine activities. The Secretary may not adopt regulations that set ratios for camper to medical staff personnel except for: Camp health supervisors at a camp where 50% or more of the campers have identified medical problems; Personnel required to meet emergency safety standards, for example the number of persons that require certification in cardiopulmonary resuscitation (CPR) and first aid; and Camp health supervisors, or their designees, trained to administer medicine to campers. The Secretary shall cooperate with other departments or agencies to facilitate the activities of the departments or agencies in carrying out responsibilities for enforcing the laws and regulations relating to youth camps.

In this section the following words have the meanings indicated. “Applicant” means an individual who is seeking to become a youth camp owner, operator, employee, or volunteer who will have access to a camper. “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services. The Department shall apply to the Central Repository for an applicant’s: State criminal history records check; and National criminal history records check. As part of the application for a criminal history records check, the Department shall submit to the Central Repository: A complete set of the applicant’s legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation; The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check. In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Department the applicant’s criminal history record information. Information obtained from the Central Repository under this section: Is confidential; May not be redisseminated; and May be used only for the personnel screening procedures authorized by this subtitle. The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article. If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Department revised criminal history record information for the applicant.

There is a Youth Camp Safety Advisory Council in the Department. The Council shall advise and assist the Department in developing and reviewing the regulations required under § 14-403 of this subtitle. The Council shall report annually to the Secretary on: The number of youth camps; The number of facilities in each county; The number of campers; and Any other pertinent information.

The Council consists of 11 members. Of the 11 Council members: 1 shall be a representative of the Department; 1 shall be a camping leader with professional experience, but who is not a youth camp owner or manager; 1 shall be actively engaged in the ownership or management of a youth camp operating for profit; 1 shall be actively engaged in the ownership or management of a nonprofit youth camp; 1 shall be actively engaged in the ownership or management of an American Camping Association accredited youth camp; 1 shall be actively engaged in the ownership or management of a youth camp that is not accredited by the American Camping Association; 1 shall be a member of the public; 2 shall be selected from the local health departments from 2 counties; and 2 shall be selected from nationwide organizations involved in camping such as scouting and 4-H. The Governor shall appoint the Council members with the advice of the Secretary and the advice and consent of the Senate. The term of a member is 3 years. The terms of members are staggered as required by the terms provided for members of the Council on July 1, 1986. At the end of a term, a member continues to serve until a successor is appointed. A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed. Members of the Council: Are eligible for reappointment; but May not serve more than 2 full consecutive terms. The Governor may remove a member for incompetence or misconduct.

A certificate issued under this subtitle is not transferable.

The Department shall: Investigate complaints received regarding a youth camp; and Require appropriate training, including knowledge of outdoor camping, for a camp inspector. Before a youth camp makes a formal offer of employment to a job applicant, the operator of the youth camp may request from the Department a determination as to whether the results of a national or State criminal history records check would be the basis for prohibiting the hiring of the applicant. Within 3 business days after receipt of a request from the operator of a youth camp under paragraph (1) of this subsection, the Department shall issue a written determination to the youth camp as to whether the results of a national or State criminal history records check would be the basis for prohibiting the hiring of the applicant. A determination issued by the Department under paragraph (2) of this subsection is binding on the Department and the youth camp unless the applicant: Has subsequently been convicted of a crime; Has pending criminal charges; or Had previously undisclosed criminal convictions. The Department may set a reasonable fee to cover the cost of a criminal history records check required under this subsection.

Subject to the hearing provisions of § 14-409 of this subtitle, the Department may deny a certificate to any applicant, or suspend or revoke a certificate, if the applicant or certificate holder: Fraudulently or deceptively obtains or attempts to obtain a certificate for the applicant or certificate holder or for another; Fraudulently or deceptively uses a certificate; Violates this subtitle; or Violates any regulation adopted by the Department under this subtitle.

Except as otherwise provided in § 10-226(c) of the State Government Article, before the Department takes any action under § 14-408 of this subtitle, the Department shall give the person against whom the action is contemplated an opportunity for a hearing before the Department.

The Department or an official acting under authority granted under this subtitle may not restrict, determine, or influence the curriculum or ministry of a youth camp in the State.

This subtitle may be cited as the “Maryland Youth Camp Act”.