Title 10 — Subtitle 16. Housing
Chapter 01. Migratory Labor Camps
Repealed
Chapter 02. Construction, Equipment, Sanitation, Operation, and Maintenance of Mobile Home Parks
Regulation .01 Purpose.LinkCopy Citation
It is the purpose and intent of these regulations to establish minimum standards of construction, maintenance, and operation of mobile home parks to protect the health, safety, and general welfare of the public. Construction, enlargement, alteration, or addition may not be permitted without compliance with these regulations.
Regulation .01-1 Definitions.LinkCopy Citation
The following definitions shall apply in the interpretation and enforcement of this chapter:
A.
“Access road” means the road leading from the entrance to the mobile home park to the mobile home spaces throughout the park.
B.
“Approving Authority” means the Secretary of Health or his designee.
C.
“Camping vehicle” means a vehicular accommodation (other than a mobile home) suitable for temporary habitation, used for travel, vacation, or recreational purposes, whose overall length does not exceed 28 feet, or whose gross weight does not exceed 4500 pounds, and is occupied in any one place for a period not exceeding 30 days. Areas where camping vehicles only are accommodated, or State-owned camping areas accommodating other than camping vehicles on an emergency overnight basis, shall be exempted from these regulations.
D.
“Fire prevention authority” means the State Fire Marshal or the fire prevention authority of the local political subdivision.
E.
“Garbage” means all animal and vegetable wastes resulting from the handling, preparing, cooking, and serving of food, exclusive of recognized industrial by-products and human and animal feces.
F.
Mobile Home.
(1)
“Mobile home” means any portable structure (other than a camping vehicle) designed for use as a conveyance upon highways, having no foundation other than a chassis or removable jacks, and so equipped or constructed as to permit occupancy for dwelling and sleeping purposes.
(2)
“Dependent mobile home” means a mobile home which does not contain plumbing or plumbing fixtures.
(3)
“Independent mobile home” means a mobile home which contains a flush toilet or a bath or shower, and is designed or constructed to be connected to utilities and sanitary facilities.
G.
Mobile Home Park.
(1)
“Mobile home park”, referred to as park, means any area or plot of ground upon which two or more mobile homes occupied for dwelling purposes are located, regardless of whether or not a charge is made for the accommodation.
(2)
“Mobile home park” does not include a park used to accommodate agriculture or migrant workers.
H.
“Mobile home space” means a plot of ground within a mobile home park designated for the accommodation of one mobile home.
I.
“Permit” means a written permit issued by the Approving Authority in accordance with these regulations.
J.
“Person” means a person, persons, individual, partnership, firm, corporation, company, or association having charge, care, custody, ownership, or control of a park, or part of a park.
K.
“Refuse” means all putrescible, nonputrescible, combustible, noncombustible, and solid waste materials, including garbage, rubbish, and ashes, but not including sewage.
L.
“Right-of-way” means the strip of land used for access roads, motor vehicular traffic, parking, and walkways.
M.
“Service building” means a building housing toilet, bathing facilities, laundry, and any other facilities as may be required by these regulations.
Regulation .02 Permits.LinkCopy Citation
A.
General Requirements. It shall be unlawful for any person to operate a park without a permit issued annually by the Approving Authority. Application for the permit shall be made in writing on a form and in a manner prescribed by the Approving Authority, and in the case of a new park, or a park to be materially altered, enlarged, or added to, shall include plans and specifications for the proposed park, alterations, enlargements, or additions. Permits shall be nontransferable and shall be posted in a conspicuous place.
B.
Issuance or Denial of a Permit. When, upon review of the application and following complete inspection of the premises, the Approving Authority is satisfied that the park meets the sanitation requirements (Regulations .04--.14 inclusive) of these regulations, a written permit to operate shall be issued. If the park does not meet the sanitation requirements, the permit shall be denied. Final denial shall be in writing, setting forth the reasons for the denial.
C.
Suspension or Revocation of Permits. A permit may be temporarily suspended by the Approving Authority after due written notification regarding the violation by any person of any of the items outlined under the general sanitation requirements of these regulations, or revoked after a hearing by the Approving Authority upon repeated violation. Any person shall have the right of appeal to the Secretary of Health and, after that, may appeal to the circuit courts of the counties or Baltimore City.
Regulation .03 Inspections.LinkCopy Citation
A.
Right of Entry. The Approving Authority shall have the power to enter at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relative to the enforcement of these regulations.
B.
Access for Repairs. It shall be incumbent upon every occupant of a mobile home park to allow the owner of it or his agent or employee access to any part of the park or its premises at reasonable times for the purpose of making any repairs or alterations as are necessary to effect compliance with these regulations or with any lawful order issued pursuant to these regulations.
Regulation .04 General Sanitation Requirements—Location, Space, and General Layout.LinkCopy Citation
A.
Site Location. A park may not be located in swamps or marshes or adjacent to swamps or marshes, or in areas not subject to drainage. Every park shall provide suitable space for recreation. The park grounds shall be maintained in a clean, safe, and sanitary condition at all times.
B.
Park Area. Sufficient area shall be provided in the park to accommodate the designated number of mobile home spaces, necessary access roads and walkways, parking areas for motor vehicles, service buildings where required, play areas, and individual water supply or sewage disposal system, or both, where needed.
C.
Location and Minimum Size of New and Existing Mobile Home Spaces.
(1)
Mobile home spaces shall be laid out so that the mobile home park is in compliance with local fire codes, local ordinances, the State Fire Prevention Code, and the “Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities” (National Fire Protection Association Standard No. 501A, 1987 Edition) which is incorporated by reference in COMAR 12.03.01.06D. The same space requirements apply to camping vehicles when they are parked on mobile home spaces.
(2)
In those cases when independent mobile home spaces are not serviced by central sewerage or a central water supply system, or both, the appropriate regulations of the Secretary of Health apply.
(3)
Each mobile home space shall abut on an access road which has unobstructed access to a street or roadway. The spaces shall be well defined.
D.
Setback. A mobile home may not be located less than 25 feet from any public roadway, street, or public right-of-way, and no part of any structures in the park may obstruct any access road or walkway in the park.
E.
Mobile Home and Camping Vehicle Location. A mobile home or camping vehicle may not be occupied in a park unless it is situated in a mobile home space. An independent mobile home, or camping vehicle containing a flush toilet or a bath or shower, and so designed as to be connected to utilities and sanitary facilities may not be located on a dependent mobile home space.
F.
Right-of-Way and Access Road. Each park established after these regulations have been adopted shall be provided with a right-of-way which shall have a minimum width of 40 feet. This right-of-way shall accommodate the access roads which shall provide for continuous forward movement, and shall connect with a street or roadway and with each mobile home space within the park. The right-of-way may also accommodate walkways and parking spaces for motor vehicles. (See Regulation .10B of this chapter). All access roads shall be paved or otherwise satisfactorily treated to control dust and mud.
G.
Walkways. In parks having a service building, walkways shall be provided from all mobile home spaces to the building. Walkways may not be less than 2 feet wide and shall be hard-surfaced and even to prevent tripping hazards, well marked in daytime, and lighted at night as required in Regulation .10B of this chapter.
H.
Clothes Drying. Outside clothes-drying spaces, or other approved facilities, shall be provided. When central outdoor clothes-drying space is provided, a minimum of 2500 square feet per 100 mobile home spaces, or fraction of that, shall be furnished. Outdoor clothes-drying facilities may be installed on the individual home space as part of the basic facilities.
Regulation .05 Service Building.LinkCopy Citation
A.
Building and Equipment. If the park accommodates independent mobile homes exclusively, a service building may not be required; however, one is recommended for emergency use. Every park accommodating one or more dependent mobile homes shall be provided with at least one adequately equipped service building.
B.
Required Facilities.
(1)
The following facilities shall be minimum for parks accommodating from one to ten dependent mobile homes:
(a)
One flush-type toilet, one lavatory, and a shower or bathtub with hot and cold running water for males; and
(b)
One flush-type toilet, one lavatory, and a shower or bathtub with hot and cold running water for females.
(2)
One flush-type toilet bowl receptacle shall be provided into which shall be emptied the contents of all portable containers of human excrement. An adequate supply of hot and cold water for cleaning the containers shall be provided. This equipment shall be in a separate room of a service building with a single direct opening to the outside. All plumbing of the service building shall comply with all applicable plumbing codes.
(3)
For those parks accommodating more than ten dependent mobile homes, the following additional fixtures shall be provided:
(a)
One lavatory and one shower or bathtub for each sex for every ten additional dependent mobile homes or fraction of that;
(b)
One flush-type toilet for females for every ten additional dependent mobile homes or fraction of that;
(c)
One flush-type toilet for males for every additional 15 dependent mobile homes or fraction of that.
(4)
Urinals may be substituted for not more than one-third of the additional flush-type toilets required under Sec. B(3).
C.
Location, Construction, Facilities.
(1)
Where service buildings are required they shall:
(a)
Be located 20 feet or more from any mobile home and not more than 200 feet from any dependent mobile home.
(b)
Be of permanent construction, and adequately lighted.
(c)
Be constructed of water and moisture resistant material to permit frequent washing and cleaning. The floors of the service building shall be of water impervious material other than wood and shall slope to a drain connected to the sewerage system.
(d)
Have adequate heating facilities to maintain a minimum temperature of 70?F during cold weather, and supply adequate hot water during the time of peak demands.
(e)
Have all rooms well ventilated, with all openings effectively screened against insects and rodents.
(f)
Provide adequate compartments for each bathtub or shower and water closet, and a sound resistant wall from floor to ceiling to separate male and female toilet and bathing facilities.
(2)
Laundry Facilities. Laundry facilities shall be provided in the ratio of one laundry tray and one washing machine, or an automatic washing machine, to every 30 mobile home spaces or fraction of that. These facilities shall be provided in a separate room of a service building or in a separate building.
Regulation .06 Water Supply.LinkCopy Citation
A.
Requirements. A potable water supply, capable of furnishing a minimum of 150 gallons of water per day per mobile home space, and producing a minimum of 20 pounds per square inch of pressure at all mobile home service connections, shall be provided. If a private water supply is used, minimum treatment shall be chlorination by a method acceptable to the Secretary of the Environment or his designee. The water supply may not be installed, altered, improved, or used without written permission of the Secretary of the Environment or his designee.
B.
Service Connections. The water system of the mobile home park shall be connected to all service buildings and made available to all independent mobile home spaces by service connections conforming with all applicable plumbing codes.
C.
Protection of Service Connections. All service connections shall be so constructed and so located that they will not be damaged by the parking of mobile homes, and shall be protected from freezing.
D.
Drinking Fountains. Where drinking fountains are provided for public use, they shall be of a type and placed in locations acceptable to the Secretary of the Environment or his designee.
E.
Self-Contained Units. Water or ice used in the storage tank of a self-contained water unit of a mobile home or camping vehicle shall be obtained only from sources acceptable to the Secretary of the Environment or his designee.
Regulation .07 Sewage Disposal.LinkCopy Citation
A.
Requirements. A sewage disposal system may not be installed, altered, improved, or used without the written permission of the Secretary of the Environment or his designee.
B.
Sewer Connections. Each independent mobile home space shall be equipped with provisions for making a watertight connection between the mobile home drain and the sewer. Each individual sewer connection shall be so constructed that it may be closed when not connected to a mobile home, and when not in use shall be capped so as to prevent the escape of any odors and the entrance of vermin. The connections and installations shall comply with all applicable plumbing codes.
C.
Sewer Lines. All sewer lines shall be laid in accordance with plans approved by the Secretary of the Environment or his designee.
D.
Self-Contained Units. All contents of self-contained sewage storage units of mobile homes or camping vehicles shall be discharged only into an approved sewage disposal system by methods acceptable to the Secretary of the Environment or his designee.
Regulation .08 Garbage and Refuse Disposal.LinkCopy Citation
A.
Storage, Collection, Disposal. The storage, collection, and disposal of garbage and refuse shall be so managed as to not create health hazards, rodent harborage, insect-breeding areas, accidents, fire hazards, or air pollution.
B.
Containers. All refuse awaiting collection shall be stored in leak-proof, rodent-proof containers with tight-fitting lids and shall be located not more than 150 feet from any mobile home space. Containers shall be provided in sufficient number and capacity for proper storage of all refuse. The lids shall be kept in place while refuse is being stored.
C.
Storage Racks or Platforms. Racks or concrete platforms shall be provided on which to store containers for refuse. These container racks or platforms shall be so designed as to prevent tipping, to minimize spillage, container deterioration, and to facilitate cleaning.
D.
Collection. All refuse shall be collected at least twice weekly, or more often if the need is indicated. When suitable collection service is not available from municipal or private agencies, the park operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers.
E.
Private Disposal. Where municipal or private disposal service is not available, the park operator shall dispose of the refuse in a manner acceptable to the Approving Authority.
Regulation .09 Insect and Rodent Control Measures.LinkCopy Citation
Insect and rodent control measures to safeguard the public health and comfort shall be applied in the park as required by the Approving Authority. When rats or other objectionable rodents are known to be in the park, the park operator shall take immediate action, as directed by the Approving Authority, to exterminate them. The Approving Authority may also require the park operator to take suitable measures to control weeds and grasses.
Regulation .10 Electrical Service and Exterior Lighting.LinkCopy Citation
A.
Service Outlet. An electrical outlet supplying at least 115 volts shall be provided for each mobile home space. The installation of all service outlets shall comply with all applicable electrical codes and ordinances. The main power supply line to the park shall be installed in an approved manner.
B.
Exterior Lighting. All access roads, parking areas, and walkways within the park shall be illuminated at night so that the roads, areas, and walkways are clearly visible.
Regulation .11 Fuel Storage, Location, and Connections.LinkCopy Citation
All piping from exchangeable fuel storage tanks or cylinders to the mobile homes shall be of copper or other approved metallic tubing and shall be permanently installed and securely fastened in place. All fuel storage tanks or cylinders shall be securely fastened in place and may not be located inside or beneath the mobile home or less than 5 feet from any mobile home exit. Any exception to the above regulation shall bear an approved label acceptable to the State Fire Marshal and the National Board of Fire Underwriters.
Regulation .12 Safety and Fire Prevention.LinkCopy Citation
All necessary precautions shall be taken to protect persons on the premises of the park from bodily injury resulting from fire, falls, or other types of injuries. The mobile home park area shall be subject to the regulations of the State or local fire prevention authority.
Regulation .13 Penalties.LinkCopy Citation
Any person who violates any of the provisions in these regulations shall be guilty of a misdemeanor and upon conviction of it shall be fined not less than $25, or more than $100, for each offense, and otherwise penalized as provided by law. Each day's failure to comply with any provision shall constitute a separate violation.
Regulation .14 Severability.LinkCopy Citation
If any section, subsection, paragraph, sentence, clause or phrase of these regulations should be declared invalid for any reason whatsoever, the decision may not affect the remaining portions of these regulations, which shall remain in full force, and effect; and to this end the provisions of these regulations are hereby declared to be severable.
Chapter 03. Camps
Regulation .01 Purpose.LinkCopy Citation
It is the purpose and intent of these regulations to establish minimum
standards of layout, operation, construction, and maintenance of camps to
protect and promote the health, safety, and general welfare of the public.
Regulation .01-1 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Approving Authority” means the Secretary of Health or his designee.
(2)
“Camp” means a property consisting of a tract of land and all tents, vehicles, buildings, or other structures pertaining to it used as living quarters or shelter, which is operated gratuitously or for compensation, during any portion of any 5 or more days per annum, and which accommodates five or more persons at any time. However, this definition may not apply to a camp to be used by one family on its own premises, motels, motor courts, migrant labor camps, and mobile home parks.
(3)
Camping Vehicle.
(a)
“Camping vehicle” means a vehicular unit which is:
(i)
Designed for temporary dwelling or sleeping;
(ii)
Designed without a permanent foundation;
(iii)
Built or mounted on a vehicle or chassis; and
(iv)
Driven under its own motive power or mounted on or towed by another vehicle.
(b)
“Camping vehicle” does not include a mobile home as defined in COMAR 10.16.02.01-1.
(4)
“Garbage” means all animal and vegetable wastes resulting from the handling, preparing, cooking, and serving of food, exclusive of recognized industrial by-products and human and animal excreta.
(5)
“Permit” means a written permit issued by the Approving Authority according to these regulations.
(6)
“Person” means a person, persons, individual, partnership, firm, corporation, company, or association having charge, care, custody, ownership, or control of a camp or part of a camp.
(7)
“Refuse” means all putrescible, nonputrescible, combustible, noncombustible, and solid waste materials, including garbage, rubbish, and ashes, but not including sewage.
(8)
“Service building” means a building housing toilet, bathing, laundry, and other sanitary facilities.
Regulation .02 Permits.LinkCopy Citation
A.
General Requirements. It shall be unlawful for any person to operate a camp without an annual permit issued by the Approving Authority. Application for this permit shall be made in writing on a form and in a manner prescribed by the Approving Authority at least 30 days before the opening of the camp, and in the case of a new camp, or camp to be materially altered, enlarged, or added to, shall include plans and specifications for the proposed camp alterations, enlargements, or additions. Permits shall be nontransferable and shall be posted in a conspicuous place. A separate permit shall be required for each camp.
B.
Issuance or Denial of a Permit. When, upon review of the application and following complete inspection of the premises, the Approving Authority is satisfied that the camp meets the sanitation requirements (Regulations .04 — .12) of these regulations, a written permit to operate shall be issued. If the camp does not meet the sanitation requirements, the permit shall be denied in writing, setting forth the reason for this action.
C.
Suspension or Revocation of Permits. A permit may be temporarily suspended by the Approving Authority after due notification regarding the violation by any person of any of the items outlined under the general sanitation requirements in these regulations, or revoked after a hearing by the Approving Authority upon repeated violation. Any person shall have the right of appeal to the Secretary of Health, and, after that, may appeal to the Circuit Court of the Counties or Baltimore City.
Regulation .03 Inspections.LinkCopy Citation
The Approving Authority shall have the right of entry at reasonable times upon any private or public property for the purpose of inspecting and investigating conditions relative to the enforcement of these regulations.
Regulation .04 Location, Space, and General Layout.LinkCopy Citation
A.
Site Location. A camp may not be located in swamps or marshes or adjacent to them, or in areas not properly drained. Measures shall be taken for the eradication or control of poison ivy, poison oak, noxious weeds, mosquitoes, flies, rodents, and poisonous reptiles in the immediate camp area. Adequate guards, signs, or area restrictions shall be provided to reduce accident potential.
B.
Location. The principal camp area in which food is prepared and served and where sleeping quarters are located shall be at least 500 feet from any area in which livestock is kept.
Regulation .05 Swimming Pools and Bathing Areas.LinkCopy Citation
A swimming pool or bathing area may not be installed, altered, improved, or used without compliance with applicable regulations. A bathing area may not be used without the written permission of the Approving Authority.
Regulation .06 Service Buildings.LinkCopy Citation
A.
Requirements. In camps using service buildings, the following facilities
(1)
Toilets 1 per 20 15
(2)
Urinals 1 per 30
(3)
Lavatories 1 per 20 20
(4)
*Showers 1 per 20 20
B.
Compliance. All toilet, shower, lavatory, and laundry facilities shall be provided and maintained in a clean, sanitary condition and kept in good repair at all times. Separate toilet facilities shall be provided for each sex. Facilities shall be easily accessible and conveniently located. All toilet, shower, lavatory, and laundry room facilities shall be acceptable to the Secretary of the Environment or his designee and shall be in conformity with the State Plumbing Code.
C.
Buildings. All service buildings and buildings used for sleeping of living quarters shall have windows or openings for the admission of light and shall be capable of adjustment for purposes of ventilation. All the openings, including doors, shall be properly screened, unless other effective means are provided to control flies and insects. All buildings used for sleeping or living purposes shall be provided with floors which are easily cleaned and in good repair. There shall be at least 3 feet between beds. The beds shall be arranged for head-to-foot or foot-to-foot sleeping.
Regulation .07 Water Supply.LinkCopy Citation
A.
Requirements. A safe, adequate, and conveniently located water supply shall be provided for each camp in compliance with applicable regulations. The water supply may not be installed, altered, or used without the written permission of the Secretary of the Environment or his designee.
B.
Drinking Fountains. Drinking fountains shall be of an approved type and in locations acceptable to the Secretary of the Environment or his designee. Faucets may not be used as drinking fountains. Areas around faucets or drinking fountains shall be drained in a manner acceptable to the Secretary of the Environment or his designee.
Regulation .08 Sewage Disposal.LinkCopy Citation
Requirements. Approved, adequate, and conveniently located toilet facilities shall be provided for each camp in compliance with applicable regulations. A method of sewage disposal may not be installed, altered, or used without the written permission of the Approving Authority.
Regulation .09 Garbage and Refuse Disposal.LinkCopy Citation
A.
Storage, Collection, and Disposal. The storage, collection, and disposal of garbage and refuse shall be managed so as not to create health hazards, rodent harborage, insect-breeding areas, accidents, fire hazards, or air pollution.
B.
Containers. All refuse shall be stored in conveniently located, leak-proof, rodent-proof containers with tight-fitting lids. Containers shall be provided in sufficient number and capacity for proper storage of all refuse.
C.
Storage Racks or Platforms. Racks or concrete platforms shall be provided on which to store containers for refuse. These container racks or platforms shall be designed so as to prevent tipping, to minimize spillage and container deterioration, and to facilitate cleaning.
D.
Collection. All refuse shall be collected at least twice weekly, or more often if the need is indicated. Where suitable collection service is not available from municipal or private agencies, the camp operator shall provide this service. All refuse shall be collected and transported in covered vehicles or covered containers to an approved disposal site.
Regulation .10 Insect and Rodent Control Measures.LinkCopy Citation
Insect and rodent control measures to safeguard the public health and comfort shall be used in the camp as required by the Approving Authority.
Regulation .11 Electrical Service.LinkCopy Citation
Where electrical service is used, the installation and use of these facilities shall conform with all applicable codes.
Regulation .12 Food Service.LinkCopy Citation
Equipment and operation of kitchen, dining halls, and storage room facilities shall comply with the standards administered by the Approving Authority. Refrigeration and storage of food, food handling methods, dishwashing and storage of dishes by procedures meeting the requirements of the standards of the Secretary of Health.
Regulation .13 Emergency Medical Care and Hospitalization.LinkCopy Citation
A person qualified to render emergency aid shall be available at all times. A registered nurse or physician licensed to practice in the State should be on the camp staff and available for emergency treatment of illness and accident. The nurse or physician need not be a resident, but should be on call and able to reach the camp within a short period of time. Transportation shall be available at all times for use in case of emergency.
Regulation .14 Penalties.LinkCopy Citation
Any person who violates any of the provisions set forth in these regulations shall be guilty of a misdemeanor and upon conviction of it shall be fined not less than $25 or more than $100 for each offense and other penalties as provided by law. Each day's failure to comply with any provision shall constitute a separate violation.
Regulation .15 Severability.LinkCopy Citation
If any section, subsection, paragraph, sentence, clause, or phrase of these regulations should be declared invalid for any reason whatsoever, the decision may not affect the remaining portions of these regulations, which shall remain in full force and effect, and to this end the provisions of these regulations are hereby declared to be severable.
Chapter 04. Transparent Glass Doors in Mercantile Establishments and in Public, Commercial, and Residential Buildings and Structures
Regulation .01 Definitions.LinkCopy Citation
The following definitions shall apply in the interpretation and enforcement of these regulations:
A.
“Commercial building or structure” means a building or structure whose occupants are engaged in, related with, deal with, or are occupied with commerce.
B.
“Commissioner” means the Commissioner of the Department of Health.
C.
“Department” means the Maryland Department of Health.
D.
“Glazing” means the act, art, or trade of setting glass in a sash or frame.
E.
“Mercantile establishment” means a place where one or more persons are employed in which goods, wares, or merchandise are offered for sale and includes a building, shed, or structure, or any part of it, occupied in connection with the establishment.
F.
“Owner” means the owner of the premises, or the lessee of the whole thereof, or the agent in charge of the property.
G.
“Public building” means a factory building, an office building, a mercantile building, a motel or hotel building, a theatre building, a warehouse building, an apartment building, a state or municipal building, a school, hospital, college, university, library, or museum building, a building containing a place of public assembly maintained or leased for pecuniary gain, or any other building open to the public.
H.
“Residential building” means dwelling units occupied solely by the owner and his immediate household.
I.
“Secretary” means the Secretary of Health.
J.
“Sidelights” means fixed panels of transparent glass which form part of, or are immediately adjacent to, and within 6 feet horizontally of the vertical edge of any opening in which doors are located.
K.
“Transparent glass” means material predominantly siliceous in character which is not opaque and through which objects lying beyond are clearly visible. For the purpose of this regulation, rigid transparent plastic material shall be construed as transparent glass.
L.
“Transparent glass door” means a door manually or power actuated, fabricated of transparent glass or transparent safety glazing materials, with a transparent area more than 18 inches wide and with a glazing sill less than 18 inches high.
M.
“Transparent safety glazing materials” means materials which will clearly transmit light and also minimize the possibility of cutting or piercing injuries resulting from breakage of the material. Materials covered by this definition include, but are not limited to, laminated glass, tempered glass, wire glass, and rigid plastics.
Regulation .02 Scope.LinkCopy Citation
A.
This regulation applies throughout the State to all transparent glass doors and fixed adjacent transparent glass sidelights in mercantile establishments and in public, commercial, and residential buildings and structures. After the effective date of these regulations, it shall be unlawful to install in any building in the State any glazing materials not in conformity with the glazing standards of the Building Officials' Conference of America, Inc. (BOCA) Basic Building Code, 1970 Edition and any supplements as may be issued after that, except as noted in §B.
B.
Exceptions.
(1)
Fixed adjacent transparent glass sidelights 18 inches or less in width with opaque stiles at least 1-3/4 inches in width shall be exempt from the requirements of this regulation.
(2)
If the ground, floor, or equivalent surface area in the path of approach to a fixed adjacent transparent glass sidelight from either side for a minimum distance of 3 feet from the sidelight is so arranged, constructed, or designed as to deter persons from approaching the sidelight or a permanent barrier is installed in the path of approach, the sidelight shall be exempt from the requirements of this regulation. Decorative pools, horticultural planting, or similar installations shall be considered as indicating that the ground, floor, or equivalent surface area is not a path of approach. Benches and similar barriers which are securely fastened to the floor or wall to prevent their removal shall be considered as blocking the path of approach provided they may not be less than 18 inches in height from the ground, floor, or equivalent surface and extend across at least two-thirds of the total width of the glazed area of the sidelight.
(3)
Transparent glass doors with a glazing sill at least 18 inches above the ground, floor, or equivalent surface immediately adjacent, shall be exempt from the requirements of this regulation.
(4)
Fixed adjacent transparent glass sidelights supported by opaque sill and wall construction and having a glazing sill at least 18 inches above the ground, floor, or equivalent surface immediately adjacent shall be exempt from the requirements of this regulation.
(5)
Display windows in any establishment, building, or structure which fall within the definition of a sidelight shall be exempt from the requirements of this regulation if the top of the supporting sill and wall construction is not less than 18 inches above the ground, floor, or equivalent surface immediately adjacent and the interior area is occupied with merchandise or similar displays to clearly indicate to the public that it is not a means of ingress or egress.
Regulation .03 Requirements for Marking.LinkCopy Citation
A.
General. All transparent glass doors and fixed adjacent transparent glass sidelights shall be marked as required in these regulations regardless of the type of glazing material used in their construction. Marking of all transparent glass doors and fixed adjacent transparent glass sidelights within 6 feet horizontally shall be of an opaque nature placed as described in §B, of this regulation, and shall be of a design which is readily discernible to any person approaching the doors and sidelights from any direction.
B.
Marking Locations. Transparent glass doors and fixed adjacent transparent glass sidelights shall be marked in two areas on the glass surface thereof. One area shall be located at least 30, but not more than 36 inches and the other at least 60, but not more than 66 inches above the ground, floor, or equivalent surface below the door or sidelight.
C.
Marking Dimensions.
(1)
The marking design shall be:
(a)
At least 4 inches in diameter if circular;
(b)
4 inches in its least dimension if elliptical or polygonal; or
(c)
At least 12 inches in horizontal dimension if the marking is less than 4 inches in its least dimension.
(2)
The vertical dimension of any marking including lettering may not be less than 1-1/2 inches in height.
D.
Marking Methods. Any of the following methods may be used to alert persons to the presence of transparent glass doors and fixed adjacent transparent glass sidelights in their path of movement:
(1)
Adhesive strips not less than 1-1/2 inches in vertical dimension extending across at least two-thirds of the total glazed area;
(2)
Decals;
(3)
Paint, gilding, or other opaque marking materials;
(4)
Protective grills at least 4 inches wide, extending the full width of the door, at least 30 inches, but not more than 36 inches from the ground, floor, or equivalent surface.
Regulation .04 Responsibility.LinkCopy Citation
The owner of any building used as a mercantile establishment or a public, commercial, or residential building or structure shall be responsible for compliance with the provisions of this regulation.
Regulation .05 Penalty.LinkCopy Citation
Any person, who upon conviction of violating any of the provisions of this regulation, shall be guilty of a misdemeanor and shall be subject to a fine not to exceed $50 for each offense.
Regulation .06 Severability.LinkCopy Citation
If any provision of these regulations or the application of it to any person or circumstance is held invalid, the invalidity may not affect other provisions or applications of these regulations which can be given effect without the invalid provision or application and to this end the provisions of these regulations are declared to be severable.
Chapter 05. Health Permits for Outdoor Musical Festivals
Regulation .01 Scope.LinkCopy Citation
A.
This chapter governs health permits for outdoor musical festivals, as set forth in Business Regulation Article, §§17-1401 — 17-1407, Annotated Code of Maryland.
B.
In addition to a health permit, a person who wants to be a promoter of an outdoor musical festival shall obtain a safety permit and a promoter license in accordance with Business Regulation Article, §§17-1401 — 17-1407, Annotated Code of Maryland.
C.
This chapter applies only:
(1)
If admission is charged to attend the outdoor musical festival;
(2)
To an outdoor musical festival with 500 or more spectators in attendance for:
(a)
Carroll County;
(b)
Frederick County;
(c)
Kent County;
(d)
Queen Anne's County; and
(e)
Washington County; and
(3)
To an outdoor musical festival with 1,000 or more spectators in attendance for:
(a)
Anne Arundel County;
(b)
Baltimore County;
(c)
Calvert County;
(d)
Caroline County;
(e)
Cecil County;
(f)
Charles County;
(g)
Dorchester County;
(h)
Garrett County;
(i)
Harford County;
(j)
Prince George's County;
(k)
Somerset County;
(l)
St. Mary's County;
(m)
Talbot County;
(n)
Wicomico County; and
(o)
Worcester County.
D.
This chapter does not apply to an outdoor musical festival held in:
(1)
Baltimore City;
(2)
Allegany County;
(3)
Howard County;
(4)
Montgomery County;
(5)
Carroll County by a college or public school; or
(6)
Kent County by a nonprofit agricultural, charitable, civic, fraternal, religious, social welfare, or war veterans' organization operating in Kent County.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Applicant” means a person who is applying for a health permit as part of the process of applying for a promoter license in order to hold an outdoor musical festival.
(2)
“Health officer” means the health officer or the health officer's designee for the county in which the outdoor musical festival will be held.
(3)
“Health permit” means a permit issued by a health officer verifying that an applicant has complied with:
(a)
This chapter; and
(b)
Business Regulation Article, §17-1404(b), Annotated Code of Maryland.
(4)
“Outdoor musical festival” means an event at which a group of individuals participates in musical entertainment:
(a)
In an open space;
(b)
Not in a permanent structure; and
(c)
Not on publicly owned property.
(5)
“Permanent structure” means a structure that:
(a)
Has been approved by the local authority administering building codes to remain in place for a period of more than 180 consecutive days; and
(b)
Is used for sheltering performers and spectators.
(6)
Promoter.
(a)
“Promoter” means a person who:
(i)
Organizes, operates, produces, or stages an outdoor musical festival; or
(ii)
Owns or leases property where an outdoor musical festival is held.
(b)
“Promoter” does not include the State or a political subdivision of the State.
(7)
“Promoter license” means a license to act as a promoter issued by the clerk of the circuit court for the county in which the outdoor musical festival will be held.
Regulation .03 Incorporation by Reference.LinkCopy Citation
The Maryland Medical Protocols for Emergency Medical Services Providers (MIEMSS 1999 Edition) which has been incorporated by reference in COMAR 30.01.02.01, is incorporated by reference in this chapter.
Regulation .04 Health Permit Application.LinkCopy Citation
An applicant shall:
A.
Post a cash bond with the application in accordance with the requirements of Regulation .09 of this chapter;
B.
Submit documentation to show that the applicant has obtained approval of the local law enforcement unit to hold the outdoor musical festival; and
C.
Submit a completed health permit application form, plans, and descriptions to the health officer at least 60 days before the date that the festival will be held including:
(1)
Copies of contracts, leases, agreements, or other documentation that verifies compliance for the provision of health services and facilities, safety, and sanitation at the outdoor musical festival as required in Regulations .05 — .08 of this chapter;
(2)
The name, address, and telephone number of the applicant;
(3)
The name, address, and telephone number of the property owner where the outdoor musical festival will be held;
(4)
The location of the outdoor musical festival by:
(a)
County;
(b)
Tax district;
(c)
Plat; and
(d)
Street or highway location;
(5)
The dates and times that the outdoor musical festival will be conducted;
(6)
A written description, a site plan, and photographs of the outdoor musical festival site;
(7)
Documentation of local zoning approval for use of the property as a site for an outdoor musical festival;
(8)
A description of the type of entertainment and events scheduled during the outdoor musical festival;
(9)
Attendance estimates listed by dates and times;
(10)
The total number of tickets that will be printed for:
(a)
Sale; and
(b)
Complimentary distribution;
(11)
A written description of:
(a)
The water supply;
(b)
The toilet facilities and sewage waste disposal method;
(c)
The hand-washing facilities;
(d)
Garbage and refuse storage; and
(e)
Garbage and refuse removal;
(12)
A written plan for:
(a)
Emergency medical services;
(b)
Litter control; and
(c)
If applicable:
(i)
Temporary food service facilities; and
(ii)
Overnight placement of recreational vehicles during the outdoor musical festival;
(13)
A statement of compliance with the Worker's Compensation Act; and
(14)
The signature of the applicant.
Regulation .05 Requirements for Obtaining a Health Permit.LinkCopy Citation
In order to obtain a health permit, an applicant shall submit to the health officer written documentation, such as a contract, service agreement, permit, or similar documentation showing that:
A.
The water supply provided for the outdoor musical festival will be:
(1)
From a public or individual potable water supply system that is:
(a)
In conformance with COMAR 26.04.01, 26.04.03, and 26.04.04;
(b)
Adequate in volume to supply the total quantity of water anticipated for use at the outdoor musical festival using a figure of 5 gallons per spectator per day or less as determined by the health officer or applicable local authority; and
(c)
Connected to a distribution system so that plumbing fixtures are provided with a potable supply of water in the amounts and pressures as specified in COMAR 09.20.01; or
(2)
A temporary potable water supply that has been approved by the local health department or applicable local authority;
B.
Disposal of sewage and waste water generated during the outdoor musical festival will be in accordance with all applicable State and local sewage disposal laws and regulations;
C.
A dump station or sewage waste scavenger service that has been approved by the local health department or applicable local authority will be provided on a daily basis for recreational vehicles that remain overnight on the outdoor musical festival premises;
D.
For the duration of the outdoor musical festival:
(1)
One drinking fountain will be provided for each group of 500 spectators or fraction of 500 spectators;
(2)
One designated male toilet facility and one designated female toilet facility will be provided for each group of 200 spectators or fraction of 200 spectators;
(3)
One designated male hand-washing facility and one designated female hand-washing facility that are supplied with water, soap, and hand towels will be provided for each group of 200 spectators or fraction of 200 spectators;
(4)
The toilet and hand-washing facilities provided for the outdoor musical festival will be:
(a)
Permanent on-site facilities if the sewage disposal system has adequate capacity to handle the anticipated flow of waste as determined by the local health department or applicable local authority; or
(b)
Portable sanitary facilities, with a service contract for daily pumping out of waste and cleaning, that have been approved by the local health department or applicable local authority;
(5)
Garbage and refuse storage and removal will be provided so that a health problem, hazard, or nuisance is not created;
(6)
Litter control measures will be provided to prevent the accumulation of bottles, broken glass, and other sharp and dangerous objects;
(7)
Weeds and grass will be cut to a height of 3 inches or less as a tick control measure;
(8)
The site will be kept free of puddles of stagnant water as a mosquito control measure;
(9)
Lighting will be provided at the following locations when the outdoor musical festival is conducted between the times of sunset and sunrise:
(a)
Entrances and exits;
(b)
Toilet and hand-washing areas;
(c)
Water supply outlets;
(d)
Food service areas; and
(e)
Emergency medical treatment areas;
(10)
Warning signs or barriers will mark clearly potentially hazardous areas at or adjacent to an outdoor musical festival site, such as:
(a)
Water;
(b)
Holes;
(c)
Drops; or
(d)
Similar features; and
(11)
Emergency medical services will be provided that meet the requirements of Regulation .06 of this chapter.
Regulation .06 Emergency Medical Services.LinkCopy Citation
An applicant shall ensure that emergency medical services will be provided on-site for the duration of an outdoor musical festival, including from the time of the initial arrival of spectators until the departure of spectators, as evidenced by:
A.
An emergency medical services plan that includes:
(1)
The expected number of individuals that will attend;
(2)
Details of arrangements and copies of contracts made to satisfy the requirements of this regulation;
(3)
Confirmation that the local jurisdictional emergency medical services operational program and hospital emergency department have been notified of the location, date, and expected number of attendees of the outdoor musical festival;
(4)
Approval of the plan by the local jurisdictional emergency medical services operational program;
(5)
Confirmation of a communication system capable of contacting fire, rescue, police, and 9-1-1 services; and
(6)
Procedures for the documentation and tracking of patient care and transport;
B.
A plan providing emergency medical staff in the following ratios:
(1)
Fewer than 5,000 people, a minimum of two first responders who are:
(a)
Licensed or certified in Maryland in accordance with Education Article, §13-516, Annotated Code of Maryland;
(b)
Trained in CPR and the use of automatic defibrillators; and
(c)
Functioning under an emergency medical services operational program as defined in COMAR 30.02.01.01B;
(2)
From 5,000 — 10,000 people, a minimum of:
(a)
Four first responders who are:
(i)
Licensed or certified in Maryland in accordance with Education Article, §13-516, Annotated Code of Maryland;
(ii)
Trained in CPR and the use of automatic defibrillators; and
(iii)
Functioning under an emergency medical services operational program as defined in COMAR 30.02.01.01B; and
(b)
Two advanced life support providers who are:
(i)
Licensed or certified in Maryland in accordance with Education Article, §13-516, Annotated Code of Maryland; and
(ii)
Functioning under an emergency medical services operational program as defined in COMAR 30.02.01.01B; and
(3)
More than 10,000 people, a minimum of:
(a)
Four first responders who are:
(i)
Licensed or certified in Maryland in accordance with Education Article, §13-516, Annotated Code of Maryland;
(ii)
Trained in CPR and the use of automatic defibrillators; and
(iii)
Functioning under an emergency medical services operational program as defined in COMAR 30.02.01.01B;
(b)
Two advanced life support providers who are:
(i)
Licensed or certified in Maryland in accordance with Education Article, §13-516, Annotated Code of Maryland; and
(ii)
Functioning under an emergency medical services operational program as defined in COMAR 30.02.01.01B;
(c)
One physician licensed in the State; and
(d)
One advanced life support ambulance and crew functioning under an emergency medical services operational program as defined in COMAR 30.02.01.01B;
C.
A plan for a health assessment and treatment area that is:
(1)
An enclosed area that is environmentally controlled to provide protection against extremes of heat or cold;
(2)
Equipped with cots and blankets;
(3)
Well lighted and ventilated; and
(4)
Maintained in a clean and sanitary condition;
D.
A plan for equipment necessary to implement Maryland Medical Protocols for Emergency Medical Services Providers to treat the expected number of injuries anticipated at the outdoor musical festival, which includes:
(1)
First aid supplies;
(2)
Defibrillation equipment, including at least one automated external defibrillator with portable oxygen device;
(3)
Supplies and equipment necessary for the staff required in §B of this regulation to deliver care according to Maryland Medical Protocols for Emergency Medical Services Providers; and
(4)
Supplies and equipment necessary for the staff to maintain precautions against disease transmission; and
E.
A plan for transportation in the event an individual requires additional care, which includes:
(1)
An agreement of the local emergency medical services operational program to provide ambulance service; or
(2)
A contract with a Maryland licensed commercial ambulance service to provide ambulance service.
Regulation .07 Food Service Facilities.LinkCopy Citation
An applicant shall ensure that a food service facility operating on-site during the outdoor musical festival will meet all applicable food service facility standards as set forth at:
A.
Health-General Article, Title 21, Subtitles 1 — 3, Annotated Code of Maryland; and
B.
COMAR 10.15.03.
Regulation .08 Environmental Noise Control.LinkCopy Citation
An applicant shall ensure that the outdoor musical festival will meet the environmental noise limits as specified in COMAR 26.02.03.
Regulation .09 Bond Requirements.LinkCopy Citation
A.
In St. Mary's County, this regulation does not apply if the applicant owns the property where the outdoor musical festival is held.
B.
Amount of Bond.
(1)
Except as provided in §§A and B(2) and (3) of this regulation, an applicant shall post with the application for a health permit a cash bond in an amount to be determined by the health officer.
(2)
The health officer may not set a bond in excess of:
(a)
$25,000 in Frederick and Washington counties; and
(b)
$50,000 in the other counties to which this chapter applies.
(3)
In St. Mary's County, an applicant may pledge real or personal property instead of posting a cash bond if the applicant submits to the health officer a verified financial statement confirming that the fair market value of the pledged property equals or exceeds the amount of the bond required.
C.
The health officer shall:
(1)
Keep the bond until 30 days after the end of the outdoor musical festival; and
(2)
Return to the applicant any money that has not been used and is not needed to satisfy pending claims.
D.
If, within 72 hours after an outdoor musical festival ends, the promoter fails to remove all trash and to begin repair of any damage to property caused or created by the outdoor musical festival or its spectators, including crops and livestock, the health officer may use as much of the bond as necessary for the:
(1)
Removal of the trash; and
(2)
Repair of the damage.
E.
A person who has a claim against the bond shall submit the claim to the health officer within 30 days after the outdoor musical festival ends.
F.
If a claim is submitted, the health officer shall:
(1)
Determine the validity of the claim and, if justified, the amount of money needed to cover the claim; and
(2)
Pay from the bond the amount necessary to cover the claim.
Regulation .10 Approval or Denial of Health Permit.LinkCopy Citation
A.
Within 30 days of receipt of an application, the health officer shall:
(1)
Review the application and required documentation for a health permit; and
(2)
Approve or deny the issuance of a health permit.
B.
If the health officer denies the issuance of a health permit as set forth in §A of this regulation, the health officer shall notify the applicant in writing:
(1)
Of the reason for the denial; and
(2)
That the applicant has an opportunity for a hearing in accordance with Regulation .15 of this chapter.
Regulation .11 Permit Form Requirements.LinkCopy Citation
A health officer shall issue a health permit that stipulates the:
A.
Maximum number of spectators that may be accommodated at any one time on the premises of the outdoor musical festival;
B.
Duration and times of the outdoor musical festival;
C.
Location of the outdoor musical festival; and
D.
Name and address of the:
(1)
Applicant; and
(2)
Property owner.
Regulation .12 Health Permit Posting Requirement.LinkCopy Citation
A promoter shall post the health permit in a conspicuous location at the site of the outdoor musical festival.
Regulation .13 Inspections.LinkCopy Citation
The health officer may inspect the site of the outdoor musical festival to verify compliance with this chapter.
Regulation .14 Injunctions and Suspension or Revocation of a Health Permit.LinkCopy Citation
A.
In addition to any other enforcement action set forth in this chapter, a health officer may seek an injunction to enforce the provisions of this chapter.
B.
Suspension or Revocation. The health officer may:
(1)
Suspend or revoke the health permit if the permit holder:
(a)
Violates a requirement of this chapter;
(b)
Fraudulently or deceptively obtains a health permit;
(c)
Fraudulently or deceptively uses a health permit; or
(d)
Fails to correct a situation that threatens the health, safety, or welfare of a spectator at the outdoor musical festival; and
(2)
Summarily suspend the health permit and close an outdoor musical festival if protection of the public health, safety, or welfare imperatively requires emergency action.
C.
If the health permit is suspended or revoked, the health officer shall give the permit holder:
(1)
Written notice of the suspension or revocation of the health permit;
(2)
The reasons for the suspension or revocation; and
(3)
In accordance with Regulation .15 of this chapter, an opportunity for a hearing.
Regulation .15 Opportunity for a Hearing.LinkCopy Citation
A.
Except as provided in §B of this regulation, if a health permit is denied, suspended, or revoked, before the health officer takes final action against the applicant or permit holder, the health officer shall give the applicant or permit holder an opportunity for a hearing pursuant to the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
B.
If the health permit is summarily suspended, the health officer shall give the permit holder an opportunity for a hearing pursuant to the Maryland Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
C.
The hearing is not required to take place before the health officer takes action against the permit holder.
D.
The suspension is in effect when the notice of suspension is served on the permit holder.
E.
If a hearing is desired, an applicant or permit holder shall request a hearing by submitting to the health officer a written request for a hearing.
F.
To preserve the right to a hearing, an applicant or permit holder shall submit the written request within 10 days of the receipt of the denial, suspension, or revocation notice.
Regulation .16 Prohibition to Operate.LinkCopy Citation
A.
A permit holder whose health permit is suspended:
(1)
Shall cease operation of the outdoor musical festival; and
(2)
May not resume operation of the outdoor musical festival until:
(a)
An inspection shows that the condition or conditions responsible for the suspension no longer exist; and
(b)
The health officer reinstates the health permit.
B.
An applicant or permit holder whose health permit is denied or revoked:
(1)
May not start operation of the outdoor musical festival; and
(2)
Shall cease operation and may not start or resume operation until:
(a)
A new application is submitted in accordance with Regulation .04 of this chapter;
(b)
An inspection shows that the condition or conditions responsible for the denial or revocation no longer exist;
(c)
All requirements of this chapter have been met by the applicant or permit holder; and
(d)
The health officer issues a health permit.
Chapter 06. Certification for Youth Camps
Regulation .01 Scope.LinkCopy Citation
This chapter does not apply to:
A.
Purely social activities of a family or the guests of a family;
B.
Subject to Regulation .03 of this chapter, programs or activities directed or operated by a board of recreation, recreation department, or similar public unit of a county, a municipal corporation as defined by Article 23A, §9, Annotated Code of Maryland, or the Maryland-National Capital Park and Planning Commission, that involve use of neighborhood facilities, including:
(1)
Schools;
(2)
Playgrounds;
(3)
Parks; or
(4)
Recreation centers;
C.
Subject to Regulation .04 of this chapter, programs or activities directed or operated by an agency of the State that involve occasional use of public facilities, including:
(1)
Schools;
(2)
Playgrounds;
(3)
Parks; or
(4)
Recreation centers; or
D.
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:
(1)
Vacation bible school;
(2)
Youth bike trip; or
(3)
Activity similar to §D(1) or (2) of this regulation.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Acceptance letter” means a notice sent to a unit of local government, the Maryland-National Capital Park and Planning Commission, or a State agency, issued by the Department pursuant to this chapter and Health-General Article, §14-403, Annotated Code of Maryland, accepting written certification that the programs or activities operated by:
(a)
The unit or the Maryland-National Capital Park and Planning Commission comply with Regulation .03 of this chapter; or
(b)
The State agency comply with Regulation .04 of this chapter.
(2)
“Adult” means an individual 18 years old or older or an individual 17 years old who has graduated from high school.
(3)
Adventure Camp.
(a)
“Adventure camp” means an activity or program that exposes a camper to a life-threatening or serious injury because of the inherent danger of the activity.
(b)
“Adventure camp” includes, but is not limited to:
(i)
Bicycling;
(ii)
In-line skating;
(iii)
Piloting an airplane;
(iv)
A ropes course activity requiring belay or spotting;
(v)
Skateboarding;
(vi)
Skydiving;
(vii)
Snowboarding; or
(viii)
A similar activity or program.
(c)
“Adventure camp” does not include a sport activity or program, such as:
(i)
Baseball;
(ii)
Basketball;
(iii)
Field hockey;
(iv)
Football;
(v)
Lacrosse;
(vi)
Soccer;
(vii)
Softball;
(viii)
Volleyball; or
(ix)
A similar sport activity or program.
(4)
“Alternative accreditation” means a national camping standard that:
(a)
Is acceptable to the Secretary as providing adequate health and safety protection for the campers;
(b)
Includes an annual monitoring process to verify compliance with the standard; and
(c)
Complies with Regulation .19 of this chapter.
(5)
“Assistant counselor” means an individual who is 16 years old or older or an individual who has successfully completed the tenth grade.
(6)
“Camp” means a youth camp.
(7)
Camper.
(a)
“Camper” means an individual younger than 18 years old who is attending a youth camp.
(b)
“Camper” does not include a child younger than 3-1/2 years old.
(8)
“Certificate” means a document showing the authority to operate a youth camp, issued by the Department pursuant to this chapter and Health-General Article, §14-403, Annotated Code of Maryland, which displays the name of the person granted the authority.
(9)
“Community organization” means a local community association or club that:
(a)
Does not operate for profit; and
(b)
Sponsors an activity or program for members of the association or club.
(10)
“Counselor” means an individual who:
(a)
Has a supervisory role with campers; and
(b)
Is 18 years old or older or a high school graduate.
(11)
“Critical violation” means failure to comply with:
(a)
Regulation .07 of this chapter;
(b)
Regulation .10 of this chapter;
(c)
Regulation .21 of this chapter;
(d)
COMAR 10.16.07.03A(1) and (2);
(e)
A majority of the required procedures in COMAR 10.16.07.03A(4) and (5);
(f)
COMAR 10.16.07.04;
(g)
COMAR 10.16.07.08A—C;
(h)
A majority of the required procedures in Regulation .34A of this chapter;
(i)
A majority of the required procedures in Regulation .35B of this chapter;
(j)
Regulation .46A(1) and (2) of this chapter;
(k)
Regulation .47C and F(6)—(9) of this chapter;
(l)
Regulation .48D(1) of this chapter;
(m)
Regulation .49C of this chapter;
(n)
Regulation .50B of this chapter;
(o)
Regulation .51B of this chapter;
(p)
Regulation .52A(1) and B(1) of this chapter;
(q)
A majority of the required procedures in Regulation .52A(2)—(5) of this chapter;
(r)
Regulation .53A(1) and (2) of this chapter; or
(s)
Regulation .54 of this chapter.
(12)
“Day” means all or part of a 24-hour period beginning at 12 a.m.
(13)
“Day camp” means a youth camp that:
(a)
Is operated for all or part of the day but less than 24 hours a day;
(b)
Is conducted for at least 7 calendar days during a 3-week period; and
(c)
Provides three or more recreational activities or any one specialized activity or program.
(14)
“Department” means the Maryland Department of Health.
(15)
“Director” means an individual or the individual's designee who in either case:
(a)
Is 21 years old or older;
(b)
Possesses at least 24 weeks of previous experience in a camping or children's program as an administrator or a supervisor; and
(c)
Holds the primary overall responsibility of the administration of camp program operations and support services.
(16)
“Formal instructor training” means an established program for a specialized activity that:
(a)
Includes an organized curriculum focusing on instruction technique, safety, supervision, and equipment management in the activity offered;
(b)
Requires demonstration of the individual's instruction techniques; and
(c)
Evaluates the individual's knowledge and skill in instruction techniques.
(17)
“Good standing” means:
(a)
Compliance with the:
(i)
Annual report and self-assessment submission requirements as specified in Regulation .06 of this chapter; and
(ii)
Application procedure and fee requirements as specified in Regulation .08 of this chapter; and
(b)
A camp that in the previous calendar year paid the application fee as set forth in COMAR 10.01.17.02; and
(c)
Had no critical violations of this chapter found by the Department during an inspection:
(i)
In the last 2 calendar years; or
(ii)
For a camp in good standing, in the last calendar year that an inspection took place.
(18)
“High ropes” means an adventure camp course activity where the potential drop to the ground for the camper exceeds 3 feet.
(19)
Instructor.
(a)
When a national instructor certification organization is available for a specialized activity, “instructor” means an individual who is 18 years old or older or a high school graduate who has documented experience indicating knowledge and skill in teaching specific to the activity conducted, such as:
(i)
An instructor's certificate from a national organization; or
(ii)
A letter of reference from a national organization, school authority, or certified instructor trainer.
(b)
When a national instructor certification organization is not available for a specialized activity, “instructor” means an individual who is 18 years old or older or a high school graduate who has documented experience indicating knowledge and skill in teaching specific to the activity conducted, such as:
(i)
A college course in teaching the activity conducted;
(ii)
A letter of reference from a school authority, certified instructor trainer, or regional authority;
(iii)
A State-certified public or nonpublic school teacher who has 6 weeks of experience supervising or teaching the activity; or
(iv)
Proof of satisfactory completion of formal instructor training.
(20)
“Letter of compliance” means a notice to an operator of a youth camp directed or operated by a bona fide religious organization, issued by the Department pursuant to this chapter and Health-General Article, §14-403, Annotated Code of Maryland, granting the operator the authority to operate the youth camp.
(21)
Occasional Use.
(a)
“Occasional use” means periodic involvement in a program where there is no expectation of regular attendance.
(b)
“Occasional use” includes allowing a participant to come to and leave the program at will.
(22)
“Operate” means to supervise, control, conduct, or manage a youth camp as:
(a)
An owner;
(b)
An agent of the owner;
(c)
A lessee of the owner;
(d)
A director; or
(e)
An independent contractor.
(23)
“Operator” means a person who owns, supervises, controls, conducts, or manages a youth camp.
(24)
“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(25)
“Personnel administrator” means an adult who is 21 years old or older and:
(a)
Has completed a:
(i)
National and State criminal history records check through the Maryland Department of Public Safety and Correctional Services using the Department’s authorization number; and
(ii)
Child Protective Services background clearance using the Department’s contact information; and
(b)
Who the Department has determined is eligible to serve according to Regulation .21D—H of this chapter.
(26)
“Potentially hazardous food” has the meaning stated in COMAR 10.15.03.
(27)
“Primarily recreational activities” means that 50 percent or more of a camper's time at camp is spent in recreational activities.
(28)
“Primitive camp” means a day camp or residential camp where permanent facilities for water supply and sewage disposal systems, food service facilities, sleeping areas, bathing facilities, and hand-washing facilities are not available.
(29)
Recreational Activity.
(a)
“Recreational activity” means a pleasurable, interesting, and entertaining activity.
(b)
“Recreational activity” includes, but is not limited to:
(i)
Structured or unstructured play;
(ii)
A nature walk;
(iii)
A field trip;
(iv)
A sports activity;
(v)
A game;
(vi)
A hobby;
(vii)
Music;
(viii)
Drama;
(ix)
Dance;
(x)
Art;
(xi)
A craft;
(xii)
Except if for credit and taught by a certified teacher, a subject matter enrichment program;
(xiii)
A specialized activity; or
(xiv)
Instruction or skill development in an activity listed in §B(29)(b)(i)—(xiii) and (30) of this regulation.
(30)
“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.
(31)
Routine Activity.
(a)
“Routine activity” means any type of activity other than a specialized activity that is conducted for children by a youth camp.
(b)
“Routine activity” includes:
(i)
Except for a specialized activity, a recreational activity listed in §B of this regulation;
(ii)
Eating;
(iii)
Sleeping;
(iv)
Napping;
(v)
Playing;
(vi)
Watching a movie or television; or
(vii)
Similar activity.
(32)
“Secretary” means the Secretary of Health or the Secretary's designee.
(33)
Sensitive Position.
(a)
“Sensitive position” means a job, role, or function at a youth camp that allows access to a camper;
(b)
“Sensitive position” includes, but is not limited to an:
(i)
Employee;
(ii)
Volunteer;
(iii)
Owner; or
(iv)
Operator.
(34)
“Specialized activity” means:
(a)
An adventure camp activity or program;
(b)
An aquatic program;
(c)
Archery;
(d)
Artistic gymnastics;
(e)
Firearms control;
(f)
Hang gliding;
(g)
High ropes;
(h)
Horseback riding;
(i)
Motorized vehicle activities;
(j)
Rappelling;
(k)
Riflery;
(l)
Road cycling;
(m)
Rock climbing;
(n)
Skiing; and
(o)
Spelunking.
(35)
“Substantial outdoor recreational component” means that 25 percent or more of a camper's time at camp is spent in outside recreational activities.
(36)
“Travel camp” means a residential camp that:
(a)
Operates for at least 5 consecutive days; and
(b)
Provides for campers to use motorized transportation to move as a group to a site or among sites for experiences in different environments.
(37)
“Trip camp” means a residential camp:
(a)
That operates for at least 5 consecutive days; and
(b)
In which a group of campers moves from one site to another under their own power or by transportation that permits individual guidance of a vehicle or animal.
(38)
“Unit” means a board, department, agency, or other component of a county or a municipal corporation as defined by Article 23A, §9, Annotated Code of Maryland.
(39)
“Water safety rescuer” means an individual who is certified by a national organization and the certification substantiates that the individual:
(a)
Is proficient and knowledgeable in water rescue techniques and safety procedures appropriate to the activity offered; and
(b)
Demonstrates appropriate skills for safe water rescue.
(40)
Youth Camp.
(a)
“Youth camp” means a day camp, residential camp, travel camp, or trip camp that:
(i)
During a calendar year, accommodates seven or more campers who are unrelated to the youth camp operator;
(ii)
Provides primarily recreational activities or has a substantial outdoor recreational component;
(iii)
Has permanent buildings, temporary buildings, or no buildings; and
(iv)
Operates on owned private property, owned private facilities, leased private property, leased private facilities, public property, or public facilities.
(b)
“Youth camp” includes a program that operates:
(i)
At a camp premises before, after, or before and after the camp program; and
(ii)
Before, after, or before and after a school term.
(c)
“Youth camp” does not include:
(i)
A child care center as defined by COMAR 13A.16.01;
(ii)
A child care program as defined by COMAR 13A.17.01;
(iii)
A family child care home as defined by COMAR 13A.15.01;
(iv)
A program that operates before, after, or before and after a public or nonpublic school's daily session;
(v)
A program that operates before, after, or before and after a child care program’s daily session as set forth in §B(39)(c)(i)—(iii) of this regulation;
(vi)
An instructional program in a specialized activity operated for 2 hours or less daily;
(vii)
A competitive activity sponsored by a sports league or the United States Pony Clubs, Inc.;
(viii)
A summer school program when the curriculum is offered for academic credit and is taught by a Maryland State Department of Education certified teacher or a teacher qualified under COMAR 13A.09.09;
(ix)
A day care or child care program that has as its primary purpose the custodial care of children;
(x)
A program that enrolls a child younger than 3-1/2 years old; or
(xi)
A recreational activity or program where each child's parent or legal guardian is present throughout the duration of the activity or program, participates in the activity or program, and oversees the activities of the child.
(41)
“Youth Camp Safety Advisory Council” means an 11 member body that:
(a)
Advises and assists the Department in developing regulations for camps; and
(b)
Reports annually to the Secretary on:
(i)
The number of youth camps;
(ii)
The number of camps in each county;
(iii)
The number of campers; and
(iv)
Any other pertinent information.
Regulation .03 Local Government Health and Safety Standards.LinkCopy Citation
A.
Subject to the provisions of §B of this regulation, each unit of local government shall:
(1)
Adopt health and safety standards pertaining to the operation of youth camps; and
(2)
Submit to the Department documentation that verifies that the unit of local government maintains standards that are at least as protective as those required by this chapter.
B.
Each unit of local government or the Maryland-National Capital Park and Planning Commission that directs or operates a program or activity under Regulation .01B of this chapter shall certify to the Department, in writing on a form prescribed by the Department, on or before April 1 of each year, that all of those programs or activities operated by the unit comply with:
(1)
Applicable health and safety standards of the local jurisdiction in which the program or activity is located; and
(2)
Any State law the enforcement of which has been delegated to local government.
C.
A unit of local government or the Maryland-National Capital Park and Planning Commission that directs or operates a program or activity under Regulation .01B of this chapter may annually elect to comply with Health-General Article, Title 14, Subtitle 4, Annotated Code of Maryland, and this chapter and apply for youth camp certification for that program or activity.
Regulation .04 State Agency Program or Activity.LinkCopy Citation
Each agency of the State that directs or operates a program or activity that is not exempt under Regulation .01C of this chapter shall annually certify to the Department, in writing on a form prescribed by the Department on or before April 1 of each year, that each program or activity operated by the State agency complies with Health-General Article, Title 14, Subtitle 4, Annotated Code of Maryland, and this chapter.
Regulation .05 Random Inspections, Complaints, and Violations.LinkCopy Citation
The Department shall:
A.
Conduct inspections of:
(1)
A random 5 percent sample of programs or activities described under Regulations .03 and .04 of this chapter to ensure that each program or activity is in compliance with all applicable health and safety laws and standards; and
(2)
Any program or activity about which a complaint has been filed; and
B.
Advise the unit of local government or State agency of any significant violation of Maryland regulations that would adversely impact the health or safety of children participating in a program or activity.
Regulation .06 Annual Report and Self-Assessment.LinkCopy Citation
A.
An operator of a program or activity that complies with Regulation .03 or .04 of this chapter and an operator of a youth camp shall submit an annual report, on a form prescribed by the Department, within 4 weeks of the end of the program, activity, or camp to the Department stating:
(1)
The actual camper days, that is, the sum total of the actual number of campers who attended camp each day during a camp season;
(2)
The number of injuries and illnesses that required an operator to submit a report to the Department under COMAR 10.16.07.06; and
(3)
Other pertinent information requested by the Department.
B.
An operator of a camp that paid the reduced fee for a camp in good standing as set forth in COMAR 10.01.17.02B(2) shall:
(1)
Complete a self-assessment on a form prescribed by the Department by the end of the first week of camp operation each year; and
(2)
Submit the same form to the Department within 4 weeks of the end of the camp.
Regulation .07 Certification or Letter of Compliance.LinkCopy Citation
A.
An operator of a youth camp shall obtain a youth camp certificate or letter of compliance issued by the Department, which allows the operator to:
(1)
Operate the youth camp during the period specified on the certificate or letter of compliance; and
(2)
Provide a specialized activity at a specific location.
B.
An operator may not:
(1)
Operate a youth camp as defined by this chapter and Health-General Article, §14-401, Annotated Code of Maryland, unless the operator has obtained a youth camp certificate or letter of compliance from the Department;
(2)
Operate a youth camp except during the period of time specified on the certificate, the letter of compliance, or an amendment letter from the Department;
(3)
Provide a specialized activity that is not specified on the certificate, the letter of compliance, or an amendment letter from the Department; and
(4)
Provide a specialized activity at a location that is not approved by the Department.
C.
A certificate or letter of compliance may not be transferred from:
(1)
One person to another person;
(2)
One location to another location; or
(3)
One youth camp to another youth camp.
Regulation .08 Application Procedures and Fees.LinkCopy Citation
A.
For a camp that was not issued a certificate or a letter of compliance by the Department in the previous calendar year, an operator shall:
(1)
Apply for a certificate or, in the case of an operator of a youth camp directed or operated by a bona fide religious organization, a certificate or letter of compliance, on a form prescribed by the Department;
(2)
Except as provided in §§D and E of this regulation, pay to the Department the fee as set forth in COMAR 10.01.17.02 at the time of application; and
(3)
Submit documentation that verifies compliance with or capability of compliance with:
(a)
Construction or alteration of a camp facility as specified in Regulation .20 of this chapter;
(b)
Personnel administrator’s criminal background investigation as specified in Regulation .21A of this chapter;
(c)
Health and medication requirements as specified in Regulation .22 of this chapter;
(d)
Emergency procedures as specified in Regulation .34A of this chapter;
(e)
Child abuse prevention and reporting procedures as specified in Regulation .35B of this chapter;
(f)
Water supply as specified in Regulation .36B(1) — (2), C, or D of this chapter;
(g)
Sewage disposal as specified in Regulation .37A(1) — (2), B, C, or D of this chapter;
(h)
Bathing and hand washing as specified in Regulation .39B of this chapter;
(i)
Food service as specified in Regulation.42A(1) or B of this chapter;
(j)
Fire and electrical code safety as specified in Regulation .46A or B of this chapter;
(k)
Aquatic programs as specified in Regulation .47A, C, and F(7) — (9) of this chapter;
(l)
Marksmanship as specified in Regulation .48E of this chapter;
(m)
Archery as specified in Regulation .49D of this chapter;
(n)
Horseback riding as specified in Regulation .50C of this chapter; and
(o)
Specialized activities, trips, transportation, and supervision as specified in Regulations .51 — .54 of this chapter.
B.
For a camp that was issued a certificate or a letter of compliance by the Department in the previous calendar year and wishes to renew its certificate or letter of compliance for another year, an operator shall:
(1)
Apply for a certificate or, in the case of an operator of a youth camp directed or operated by a bona fide religious organization, a certificate or letter of compliance, on a form prescribed by the Department;
(2)
Except as provided in §§D and E of this regulation, pay to the Department the required fee as set forth in COMAR 10.01.17.02 at the time of application;
(3)
When a new specialized activity or a new location for a specialized activity is added to the camp’s program, submit documentation that verifies compliance with Regulations .47 — .52 of this chapter; and
(4)
When a camp changes location, submit documentation that verifies compliance with:
(a)
Construction or alteration of a camp facility as specified in Regulation .20 of this chapter;
(b)
Water supply as specified in Regulation .36B(1) — (2), C, or D of this chapter;
(c)
Sewage disposal as specified in Regulation .37A(1) — (2), B, C, or D of this chapter;
(d)
Food service as specified in Regulation .42 of this chapter; and
(e)
Fire and electrical code safety as specified in Regulation .46A or B of this chapter.
C.
Except for a unit of local government, the Maryland-National Capital Park and Planning Commission, an agency of the State, and as provided in §E of this regulation:
(1)
An operator of multiple camps at separate sites shall apply for a separate certificate and pay a separate fee for each camp site; and
(2)
When multiple operators of camps are using the same site, each operator shall:
(a)
Apply for a separate certificate; and
(b)
Pay a separate fee.
D.
A unit of local government, the Maryland-National Capital Park and Planning Commission, or an agency of the State may annually opt to apply for only one certificate on a form prescribed by the Department and pay only one fee for all programs or activities directed or operated.
E.
When a camp is accredited in accordance with Regulation .19 of this chapter:
(1)
The operator shall apply for a certificate on a form prescribed by the Department; and
(2)
The Department may not charge the operator a fee.
F.
An operator of a camp that was not issued a certificate or a letter of compliance by the Department in the previous calendar year shall, at least 60 days before the proposed opening date:
(1)
Submit the completed application on the prescribed form;
(2)
Except as provided in §E of this regulation, pay the required fee; and
(3)
Submit the required compliance documentation.
G.
An operator of a camp that was issued a certificate or a letter of compliance by the Department in the previous calendar year shall, at least 30 calendar days before the proposed opening date:
(1)
Submit the completed renewal application on the prescribed form;
(2)
Except as provided in §E of this regulation, pay the required fee;
(3)
Pay any fee owed in accordance with §H of this regulation; and
(4)
Submit the required compliance documentation.
H.
Payment of Fee Difference Owed.
(1)
The Department shall:
(a)
Calculate a fee difference, that is, the difference between the fee paid at the time of application and the fee owed, based on information reported by a camp operator in the annual report for the past calendar year as required by Regulation .06 of this chapter; and
(b)
Notify a camp operator of any fee owed to the Department.
(2)
Within 2 weeks following receipt of the notice from the Department, the camp operator shall pay the fee owed to the Department.
Regulation .09 Inspections.LinkCopy Citation
A.
The Department shall:
(1)
Monitor a youth camp for compliance with this chapter; and
(2)
Inspect the camp at least every fourth year or as necessary for the enforcement of this chapter.
B.
Right to Inspect.
(1)
The Department may enter, at reasonable times, the property of a youth camp for the purposes of inspecting, monitoring, and verifying information relative to the enforcement of this chapter.
(2)
A person may not deny or interfere with the Department's entry into a youth camp under this chapter.
(3)
An operator shall permit a representative of the Department to examine and copy records of the youth camp to verify information relative to the enforcement of this chapter.
C.
Report of Inspection. During a camp inspection, the Department shall:
(1)
Record the inspection results on an inspection form prescribed by the Department;
(2)
Identify on the inspection form the conditions found that violate the provisions of this chapter;
(3)
Notify the camp operator on the inspection form to correct violations by a specific date; and
(4)
Provide one copy of the inspection report to the camp director.
D.
The completed inspection report is a public document that is available for public disclosure in accordance with State Government Article, §§10-611 — 10-628, Annotated Code of Maryland.
Regulation .10 Time Period for Correction of Violations.LinkCopy Citation
A.
An operator shall correct a violation:
(1)
Immediately, if it creates an imminent and substantial danger to a camper; and
(2)
Within the period of time specified by the Department.
B.
The Department may modify a specified time limit of correction when a written schedule of compliance submitted by the camp operator assures that:
(1)
The correction will be made within a mutually agreeable amount of time; and
(2)
No imminent and substantial danger to a camper exists without the correction.
Regulation .11 Variances.LinkCopy Citation
A.
An operator may apply, in writing, to the Department for a variance of a requirement under this chapter, specifying:
(1)
The affected regulation;
(2)
The reason for the request;
(3)
The name and address of the applicant;
(4)
The name and location of the camp; and
(5)
That the requirement is met by an alternative that complies with the intent of the regulation.
B.
The Department may grant a variance of a requirement of this chapter if the:
(1)
Operator applies for a variance of a requirement in accordance with §A of this regulation; and
(2)
Campers' health, safety, and well-being are not compromised if the variance is granted.
C.
The Department shall:
(1)
Grant a variance for a specific time period; and
(2)
Specify the terms of the variance.
D.
When the Department grants a variance for a requirement and the operator complies with the terms of the variance as specified by the Department, the Department shall consider the camp to be in compliance with the applicable regulation.
Regulation .12 Issuance of a Certificate, Letter of Compliance, or Acceptance Letter.LinkCopy Citation
A.
Certificate or Letter of Compliance.
(1)
The Department shall issue a nontransferable certificate or letter of compliance in accordance with the information provided on the application to a camp that meets the requirements of this chapter.
(2)
Except for a camp that applies under Regulation .08A, when a camp does not meet all the requirements of this chapter, the Department may issue a nontransferable certificate or letter of compliance in accordance with the information provided on the application if:
(a)
The Department approves a written schedule of compliance submitted by the camp operator that assures that corrections that will bring the camp into compliance with the requirements of this chapter will be made within a mutually agreed upon limited time; and
(b)
There exists no imminent and substantial danger to a camper by the camp's not being in total compliance with the requirements of the chapter for the limited time.
B.
Acceptance Letter for a Unit of Local Government or State Agency. The Department shall issue an acceptance letter to:
(1)
A unit of local government or the Maryland-National Capital Park and Planning Commission that complies with Regulation .03 of this chapter; or
(2)
An agency of the State that complies with Regulation .04 of this chapter.
Regulation .13 Posting of Certificate, Letter of Compliance, or Acceptance Letter.LinkCopy Citation
An operator shall:
A.
Post a certificate, letter of compliance, or acceptance letter in a conspicuous place on the premises; or
B.
For a primitive, travel, or trip camp, have the certificate, letter of compliance, or acceptance letter available upon request.
Regulation .14 Denial of a Certificate or Letter of Compliance.LinkCopy Citation
A.
The Department may deny an application for a certificate or a letter of compliance, setting forth in writing the reason or reasons for the denial, if the operator:
(1)
Fails to:
(a)
Correct a violation within the specified time period;
(b)
Comply with an approved written schedule of compliance;
(c)
Correct immediately a violation that the Department has indicated is an imminent and substantial danger to a camper;
(d)
Correct an outstanding violation from a previous certification or letter of compliance period;
(e)
File an annual report in accordance with Regulation .06 of this chapter;
(f)
Pay a fee owed as set forth in Regulation .08H of this chapter; or
(g)
If applicable, file a self-assessment in accordance with Regulation .06 of this chapter;
(2)
Fraudulently or deceptively obtains or attempts to obtain a certificate or letter of compliance;
(3)
Fraudulently or deceptively uses a certificate or letter of compliance;
(4)
Violates a provision of the Maryland Youth Camp Act, Health-General Article, §§14-401 — 14-411, Annotated Code of Maryland; or
(5)
Violates a provision of this chapter.
B.
The Department shall deny an application for a certificate or a letter of compliance in writing, setting forth the reason or reasons for the denial, if the operator fails within the time period specified by the Department to correct a violation of:
(1)
Regulation .08 of this chapter;
(2)
Regulation .20 of this chapter;
(3)
Regulation .21A(2) of this chapter;
(4)
Regulation .22 of this chapter;
(5)
Regulation .34 of this chapter;
(6)
Regulation .35 of this chapter;
(7)
Regulation .36A and B(1) — (2), C, or D of this chapter;
(8)
Regulation .37A(1) — (2), B, C, or D of this chapter;
(9)
Regulation .39A(2) — (4) and (8)(c) and B of this chapter;
(10)
Regulation .42 of this chapter;
(11)
Regulation .46A or B of this chapter; and
(12)
Regulations .47 — .54 of this chapter.
C.
The Department may deny an application for a certificate or letter of compliance if the health, safety, or welfare of a camper at the camp is or has been threatened.
D.
The Department shall give the camp operator:
(1)
Written notice of the denial of the certificate or letter of compliance;
(2)
The reasons for the denial; and
(3)
In accordance with Regulation .17 of this chapter, an opportunity for a hearing.
Regulation .15 Suspension or Revocation of a Certificate or Letter of Compliance.LinkCopy Citation
A.
The Department may suspend or revoke a certificate or letter of compliance if the camp operator:
(1)
Fails to correct any violation within the specified time period;
(2)
Fails to comply with an approved written schedule of compliance;
(3)
Fraudulently or deceptively obtains or attempts to obtain a certificate or letter of compliance;
(4)
Fraudulently or deceptively uses a certificate or letter of compliance;
(5)
Violates any provision of the Maryland Youth Camp Act, Health-General Article, §§14-401 — 14-411, Annotated Code of Maryland;
(6)
Violates any provision of this chapter; or
(7)
Fails to correct a situation that threatens the health, safety, or welfare of a camper at the camp.
B.
The Department shall suspend or revoke a certificate or letter of compliance if the operator fails within the time period specified by the Department to correct a violation of:
(1)
Regulation .20 of this chapter;
(2)
Regulation .21 of this chapter;
(3)
Regulation .22 of this chapter;
(4)
Regulation .34 of this chapter;
(5)
Regulation .35 of this chapter;
(6)
Regulation .36A and B(1) — (2), C, or D of this chapter;
(7)
Regulation .37A(1) — (2), B, C, or D of this chapter;
(8)
Regulation .39A(2) — (4) and (8)(c) and B of this chapter;
(9)
Regulation .42 of this chapter;
(10)
Regulation .46 of this chapter; and
(11)
Regulations .47 — .54 of this chapter.
C.
The Department may summarily suspend or revoke a certificate or letter of compliance if the Department determines upon inspection of the camp that an imminent threat to the health, safety, or welfare of a camper exists.
D.
The Department shall give the camp operator:
(1)
Written notice of the suspension or revocation of the certificate or letter of compliance;
(2)
The reasons for the suspension or revocation; and
(3)
In accordance with Regulation .17 of this chapter, an opportunity for a hearing.
Regulation .16 Orders.LinkCopy Citation
A.
When inspection of a youth camp as set forth in Regulation .09 of this chapter reveals a health or safety violation of this chapter, the Department may issue an order to abate the violation.
B.
When the Department issues an order to abate a violation to a youth camp, the Department shall give the operator an opportunity for a hearing in accordance with Regulation .17 of this chapter.
Regulation .17 Opportunity for a Hearing.LinkCopy Citation
A.
Except as otherwise provided in the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, or in this regulation, before the Department takes any final action to deny, suspend, or revoke a certificate or letter of compliance or enforce an order to abate a violation, the Department shall give the person against whom the action is contemplated an opportunity for a hearing.
B.
A person shall request a hearing, if a hearing is desired, by submitting to the Department a written request for a hearing.
C.
To preserve the right to a hearing, a person shall submit the written request within 10 calendar days of the receipt of the denial, suspension, or revocation notice or an order.
Regulation .18 Prohibitions to Operate.LinkCopy Citation
A.
A person whose certificate or letter of compliance is suspended:
(1)
Shall cease operation; and
(2)
May not resume operation until:
(a)
An inspection shows that the condition or conditions responsible for the suspension or order no longer exist; and
(b)
The Department reinstates the certificate or letter of compliance.
B.
A person whose application for a certificate or letter of compliance is denied:
(1)
May not start operation; or
(2)
Shall cease operation and may not start or resume operation until:
(a)
A new application is submitted in accordance with Regulation .08 of this chapter;
(b)
An inspection shows that the condition or conditions responsible for the denial or revocation no longer exist; and
(c)
The Department issues a certificate or letter of compliance.
C.
The Department may take appropriate steps to ensure that the camp operator ceases the operation of the youth camp pursuant to §§A and B of this regulation by:
(1)
Taking and keeping physical possession of the certificate or letter of compliance until the certificate or letter of compliance is reinstated;
(2)
Posting signs at the entrance of the camp stating that the certificate or letter of compliance to operate a camp has been denied, suspended, or revoked by the Department; or
(3)
Taking another measure within the law that will adequately ensure that the youth camp does not operate.
D.
When inspection of a youth camp by the Department reveals that there is an imminent and substantial danger to a camper, the Department may seek an injunction to prohibit operation of the camp.
Regulation .19 Alternative Accreditation.LinkCopy Citation
A.
Alternative Accreditation Organization.
(1)
A person seeking the Department's approval for alternative accreditation shall:
(a)
Apply to the Department for approval of the alternative accreditation; and
(b)
Submit to the Department documentation that verifies that the accreditation organization:
(i)
Maintains accreditation standards that provide the same level of health and safety protection for the campers as required by this chapter;
(ii)
Monitors for and ascertains complete compliance with its standards annually;
(iii)
Periodically assesses the reliability of the monitoring process;
(iv)
Records the results of the monitoring visit on a defined form;
(v)
Identifies conditions that could adversely affect the health or safety of the campers;
(vi)
Notifies the camp operator to correct deficiencies by a specific date;
(vii)
Provides one copy of the monitoring report to the person in charge of the youth camp; and
(viii)
Provides the accreditation organization the original monitoring report and the Department a copy of the monitoring report.
(2)
When a camp is accredited by an alternative accreditation approved by the Department and the accreditation organization suspends, revokes, or discontinues the youth camp's accreditation, the accreditation organization shall notify the Department of the suspension, revocation, or reasons to discontinue camp:
(a)
By telephone within 24 hours; and
(b)
In writing within 3 calendar days.
B.
The Department:
(1)
Shall review the alternate accreditation proposal submitted by the camping organization within 60 calendar days from receipt of the documentation;
(2)
Shall accept alternative accreditation as fulfilling the requirements of this chapter when the alternative accreditation:
(a)
Complies with §A of this regulation; and
(b)
Is approved by the Department;
(3)
May suspend, deny, or revoke approval for the alternative accreditation when the accreditation organization fails to comply with §A of this regulation;
(4)
Shall give the person whose alternative accreditation is suspended, denied, or revoked:
(a)
Written notice of the suspension, denial, or revocation of approval for the alternative accreditation;
(b)
The reasons for the suspension, denial, or revocation; and
(c)
An opportunity for a hearing in accordance with Regulation .17 of this chapter;
(5)
May inspect a camp that is accredited by an accreditation organization approved by the Department, according to Regulation .09 of this chapter;
(6)
May investigate a complaint received about the camp;
(7)
May deny, suspend, or revoke the accredited youth camp's certificate or letter of compliance; and
(8)
May issue an order to abate a violation or an order to cease operation.
C.
The camp operator shall:
(1)
Submit:
(a)
An application as required in Regulation .08 of this chapter; and
(b)
With the application, documentation of the camp's current accreditation from the accreditation organization that is approved by the Department;
(2)
Obtain a youth camp certificate or letter of compliance issued by the Department as required in Regulation .07 of this chapter;
(3)
When a camp is accredited by an alternative accreditation approved by the Department and the youth camp's accreditation is suspended, revoked, or discontinued by the accreditation organization, notify the Department of the suspension, revocation, or reasons to discontinue camp:
(a)
By telephone within 24 hours; and
(b)
In writing within 3 calendar days;
(4)
Close a camp:
(a)
Whose accreditation from an accreditation organization approved by the Department is suspended, revoked, or discontinued; and
(b)
Whose certificate or letter of compliance from the Department is denied, suspended, or revoked; and
(5)
If the operator wishes to reopen the camp, apply for and obtain a certificate or letter of compliance in accordance with this chapter.
Regulation .20 Constructing, Remodeling, Enlarging, Converting, or Reducing Facilities.LinkCopy Citation
A.
Except for facilities that are used for other purposes where the proposed changes do not affect the operation of the youth camp according to the requirements of this chapter, an operator shall notify the Department, in writing, before:
(1)
Constructing, remodeling, or enlarging a youth camp;
(2)
Converting a property for use as a youth camp; or
(3)
Reducing or eliminating facilities at a youth camp.
B.
An operator shall ensure that:
(1)
The alterations comply with the requirements of this chapter; and
(2)
Applicable local approvals required under law, regulation, and local ordinance are obtained before using the premises as a youth camp, including local:
(a)
Zoning approval;
(b)
Building approval;
(c)
Fire safety approval;
(d)
Electrical approval;
(e)
Plumbing approval; and
(f)
Health department approval.
C.
The Department shall inspect the youth camp upon completion of the work for the purpose of monitoring compliance with this chapter.
Regulation .21 Criminal Background Investigations.LinkCopy Citation
A.
An operator shall:
(1)
Ensure that a person serving as a personnel administrator has applied for:
(a)
A national and State criminal history records check through the Department pursuant to Health General Article, §14-403.1, Annotated Code of Maryland; and
(b)
A background clearance request from Child Protective Services;
(2)
Have on file and available for inspection for any person in a sensitive position:
(a)
Documentation from the Department of a completed national and State criminal history records check through the Maryland Department of Public Safety and Correctional Services; and
(b)
Documentation of a response from Child Protective Services indicating the status of the background clearance.
(3)
Ensure that before the camp operates, the Department has on file for the personnel administrator a:
(a)
Completed national and State criminal history records check through the Maryland Department of Public Safety and Correctional Services; and
(b)
Response from Child Protective Services indicating the status of the background clearance; and
(4)
Notify the Department, in writing within 10 calendar days, if the personnel administrator changes.
B.
Upon notification that an individual may not serve as the personnel administrator, an operator:
(1)
Shall terminate the individual from employment or remove from consideration for employment, as applicable; and
(2)
Unless the individual appeals the decision to the Office of Administrative Hearings and the appeal is concluded in favor of the individual, may not:
(a)
Reconsider the individual for serving as a personnel administrator;
(b)
Allow the individual to hold a sensitive position; or
(c)
Except to exercise parental responsibilities with respect to a related child at camp, allow the individual on the premises of the facility or to have any contact with an unrelated child at camp.
C.
The personnel administrator shall:
(1)
Ensure that, for an individual in a sensitive position at a camp a:
(a)
Completed national and State criminal history records check through the Maryland Department of Public Safety and Correctional Services is on file with the employer;
(b)
Response from Child Protective Services indicating the status of the background clearance is kept on file with the employer once received from Child Protective Services;
(2)
Determine if the individual may hold a sensitive position at camp according to §§F and G of this regulation; and
(3)
Upon determining that an individual may not hold a sensitive position at camp:
(a)
Terminate the individual from the sensitive position;
(b)
Not consider the individual for any sensitive position at camp or as a personnel administrator; and
(c)
Except to exercise parental responsibilities with respect to a related child at camp, not allow the individual on the premises of the facility or to have any contact with an unrelated child at camp.
D.
The Department shall:
(1)
Determine if the individual may serve as the personnel administrator at camp according to §§F and G of this regulation; and
(2)
Notify the individual, camp owner, and camp operator in writing about the:
(a)
Departments decision that the individual may not serve as the personnel administrator;
(b)
Basis for that decision;
(c)
Individual’s right to request reassessment pursuant to §H of this regulation;
(d)
Individual’s right to appeal the decision regarding reassessment to the Department;
(e)
Specific requirements for submitting an appeal to the Department; and
(f)
10 calendar day time frame to notify the Department of the new personnel administrator and complete the criminal history records check as required in §A of this regulation.
E.
The Department shall:
(1)
Determine if an individual may serve in any sensitive position according to §§F and G of this regulation; and
(2)
Notify the individual and personnel administrator in writing within three business days about the:
(a)
Department’s decision whether the individual may serve in a sensitive position;
(b)
Basis for that decision;
(c)
Individual’s rights to request the reassessment pursuant to §G of this regulation;
(d)
Individual’s right to appeal the Department’s decision regarding reassessment; and
(e)
Specific requirements for submitting an appeal in accordance with Title 10 of the State Government Article.
F.
A youth camp operator may not allow an individual to serve in a sensitive position or as a personnel administrator who, as reported on or after October 1, 2005, has received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of:
(1)
A crime involving:
(a)
A child;
(b)
Cruelty to animals;
(c)
Domestic violence; or
(d)
A weapon or firearm violation of federal or State laws;
(2)
A sex offense;
(3)
A violent crime classified as a felony;
(4)
Abduction or kidnapping;
(5)
Abuse of a child or an adult;
(6)
Confinement of an unattended child;
(7)
Manufacturing, distributing, or dispensing a controlled dangerous substance;
(8)
Perjury;
(9)
Pornography;
(10)
Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance; or
(11)
Reckless endangerment.
G.
If, as reported on or after October 1, 2005, an individual has been identified as responsible for child abuse or neglect or received a conviction, a probation before judgment disposition, a not criminally responsible disposition, or a pending charge for the commission or attempted commission of a crime or offense that is not included in §F of this regulation, the Department:
(1)
Shall assess, on the basis of the following factors, the individual's suitability for a sensitive position or serving as personnel administrator at camp:
(a)
The position at the camp for which the individual is applying or position which the individual currently holds;
(b)
The nature and seriousness of the incident, crime, or offense;
(c)
The period of time that has elapsed since the incident, crime, or offense occurred;
(d)
The age of the individual at the time the incident, crime, or offense occurred;
(e)
The individual's probation or parole status, if applicable; and
(f)
Any other information the camp considers pertinent; and
(2)
Depending on the results of the assessment, shall permit or prohibit the individual from serving in a sensitive position or as a personnel administrator.
H.
Request for Reassessment.
(1)
An individual who is prohibited from serving in a sensitive position or as a personnel administrator by the Department pursuant to §§F and G of this regulation may request that the Department conduct a reassessment with respect to the incident, crime, or offense.
(2)
For a reassessment request to be eligible for consideration:
(a)
The request shall be in writing and include documentation, such as but not limited to letters of support or evaluation reports pertinent to the incident, crime, or offense; and
(b)
The individual may not have submitted a reassessment request, whether for the same or a different position, within the previous 12 months.
(3)
In order to reach a decision on the request for reassessment, the Department may request additional information from the individual, personnel administrator, camp operator, or any agency or entity cited in connection with the reassessment request.
(4)
Upon reaching a decision on the request, the Department shall notify the individual, personnel administrator, owner, and director of that decision.
(5)
The camp operator may not permit the individual to begin or to resume serving in a sensitive position or as personnel administrator until the Department has notified the operator that the individual is not disqualified.
Regulation .22 Health and Medication RequirementsLinkCopy Citation
An operator shall ensure that a camp complies with COMAR 10.16.07.
Regulation .23 — .33 Repealed.LinkCopy Citation
Regulation .34 Emergency Procedures.LinkCopy Citation
A.
An operator shall prepare and implement a written emergency plan that includes procedures for the camp staff members to:
(1)
Ensure camper safety during natural disasters, severe weather, and other emergencies;
(2)
Evacuate campers from the camp;
(3)
Account for campers and locate a missing camper;
(4)
Use fire, rescue, police, and 911 services;
(5)
Ensure emergency transportation;
(6)
Notify the camper's parent or guardian;
(7)
Ensure camper safety until the camper's parent, guardian, or parent's or guardian's designee picks up the camper;
(8)
Monitor for adverse weather conditions; and
(9)
Meet the requirements of §B(4) — (7) of this regulation.
B.
An operator shall ensure that:
(1)
Not more than 30 calendar days before working at the camp, each staff member or volunteer:
(a)
Is trained in the emergency plan;
(b)
Demonstrates knowledge of emergency procedures; and
(c)
Is provided with the opportunity to discuss the procedures and have any questions answered by a supervisor;
(2)
Documentation is kept on file that each staff member or volunteer received the training required in §B(1) of this regulation;
(3)
A staff member or volunteer conducts emergency procedures according to the emergency plan;
(4)
A telephone or alternate means of communication is provided to:
(a)
Summon emergency fire and rescue services; and
(b)
Receive emergency communications;
(5)
A drill in the emergency procedures is conducted early in each session and a written record is maintained of the drill;
(6)
At least one adult staff member and one counselor or assistant counselor are present so that in the event of an emergency:
(a)
One staff member remains with an injured camper; and
(b)
The other summons emergency assistance immediately; and
(7)
During severe weather, adequate shelter is provided for the campers and camp staff members.
Regulation .35 Child Abuse Prevention and Reporting.LinkCopy Citation
An operator shall ensure that:
A.
Child abuse allegations or incidents are reported as prescribed in Family Law Article, §§5-704 and 5-705, Annotated Code of Maryland;
B.
A written child abuse prevention and reporting program is prepared and implemented at the camp that includes procedures for:
(1)
Educating staff members and volunteers;
(2)
Reporting child abuse both internally and externally;
(3)
Screening staff members and volunteers prior to working at camp;
(4)
Reinforcing the camp’s policies and procedures during camp operation;
(5)
Evaluating the facilities and grounds;
(6)
Supervising campers;
(7)
Educating on appropriate touching;
(8)
Responding to inappropriate behaviors by staff, volunteers, parents, and campers;
(9)
Communicating with staff members, volunteers, parents, the Department, and the media;
(10)
Supporting an alleged victim; and
(11)
Interacting with an alleged perpetrator;
C.
Not more than 30 calendar days before working at the camp, each staff member or volunteer:
(1)
Is trained in the child abuse prevention and reporting program required in §B of this regulation;
(2)
Demonstrates knowledge of the child abuse prevention and reporting procedures; and
(3)
Is provided with the opportunity to discuss the procedures and have any questions answered by a supervisor; and
D.
Documentation is kept on file that each staff member or volunteer received the training required in §C of this regulation.
Regulation .36 Water Supply.LinkCopy Citation
A.
An operator shall ensure that the camp's water supply is:
(1)
Adequate;
(2)
Easily accessible to the campers; and
(3)
Of a safe and sanitary quality.
B.
Except as provided in §§C and D of this regulation, an operator shall ensure that:
(1)
The camp's water supply is:
(a)
From a public or individual water supply system, or connected to a community water system where available;
(b)
Constructed, protected, operated, and maintained in conformance with:
(i)
COMAR 26.04.01 and 26.04.04, as evidenced by written documentation from the local health department or the Maryland Department of the Environment as applicable;
(ii)
COMAR 09.20.01, as evidenced by written documentation from the local or State plumbing inspector or a master plumber licensed by the State; and
(iii)
Applicable local ordinances, as evidenced by written documentation from the local approving authority; and
(c)
Protected against backflow;
(2)
An individual water supply system:
(a)
Is capable of supplying a minimum flow and pressure to all fixtures as required by COMAR 09.20.01; and
(b)
Is installed in accordance with the county master plan for water and sewerage;
(3)
Pumping and disinfection equipment is housed in a structure that is inaccessible to unauthorized persons; and
(4)
Hose bibs with threads are equipped with nonremovable back siphonage prevention devices.
C.
An operator may provide written documentation from the building owner that there are no outstanding water supply and plumbing violations for a building used or to be used as a youth camp facility that is:
(1)
Owned by the State or a local government and used by the public for more than 170 calendar days per year; or
(2)
Owned and operated as a nonpublic school and used as a school for more than 170 calendar days per year.
D.
An operator shall ensure that the water supply at a primitive camp is:
(1)
Filtered and disinfected; and
(2)
Free from impurities in amounts sufficient to cause disease or harmful physiological effects.
Regulation .37 Sewage Disposal.LinkCopy Citation
A.
Except as provided in §§B, C, and D of this regulation, an operator shall ensure that:
(1)
A facility for sewage disposal is maintained in good working order and is:
(a)
Connected to a community sewerage system when a community system is available; or
(b)
If a community sewerage system is not available, installed, operated, and maintained in compliance with COMAR 26.04.02 and local code requirements;
(2)
As evidenced by written documentation from the local or State plumbing inspector or a master plumber licensed by the State, waste plumbing connections and fixtures are installed and maintained in accordance with:
(a)
Local plumbing code requirements; and
(b)
COMAR 09.20.01; and
(3)
The disposal of wastewater from under taps and fountains is by a method that:
(a)
Prevents stagnant water on the ground surface; and
(b)
Does not contaminate the ground water.
B.
An operator shall ensure that a privy:
(1)
Is constructed and maintained so that it:
(a)
Is fly-proof;
(b)
Is rodent-proof; and
(c)
Conforms to COMAR 26.04.02 and Environment Article, §9-223(d)(1), Annotated Code of Maryland;
(2)
Is maintained in good working order;
(3)
Is not located closer than 100 feet to a housing unit or a facility where food is prepared or served;
(4)
Has natural ventilation or a mechanically exhausted vent stack adequate to remove fumes and odors from the vault;
(5)
Is treated with calcium oxide, also known as lime, to reduce odors and eliminate a fly infestation; and
(6)
Is emptied:
(a)
Of solid and liquid contents when the privy is filled to capacity; and
(b)
In conformance with COMAR 26.04.02 and COMAR 26.04.06.
C.
An operator may provide written documentation from the building owner that there are no outstanding sewage disposal and plumbing violations for a building used or to be used as a youth camp facility that is:
(1)
Owned by the State or a local government and used by the public more than 170 calendar days per year; or
(2)
Owned and operated as a nonpublic school and used as a school for more than 170 calendar days per year.
D.
An operator shall ensure that a sewage disposal procedure at a primitive camp:
(1)
Does not pollute the environment;
(2)
Does not create a nuisance or public health hazard; and
(3)
Complies with applicable federal, State, and local statutes, regulations, and ordinances.
Regulation .38 Toilet Facilities.LinkCopy Citation
A.
Except as provided in §C of this regulation, an operator shall ensure that:
(1)
Toilet facilities are constructed, located, and maintained to prevent a:
(a)
Nuisance; or
(b)
Public health hazard;
(2)
For residential camps, one toilet is provided for each 15 campers or fraction of 15 campers;
(3)
For day camps, one toilet is provided for each 35 campers or fraction of 35 campers;
(4)
If separate toilet facilities for boys and girls are in the same building, the facilities:
(a)
Are separated by a solid wall from floor to roof or ceiling; and
(b)
Have self-closing doors or another means that affords privacy;
(5)
If separate toilet facilities are provided for boys and girls, they are distinctly marked “boys” and “girls” in:
(a)
Universal symbols; or
(b)
The native language of the campers expected to use the facility;
(6)
Toilet tissue on a holder is furnished adjacent to a toilet;
(7)
A toilet facility has adequate:
(a)
Mechanical exhaust; or
(b)
Natural ventilation; and
(8)
A toilet facility is located within 300 feet of each housing unit.
B.
An operator may substitute urinals constructed of non-absorbent materials for boys' toilets on the basis of one urinal for one toilet up to a maximum of 1/3 of those facilities required.
C.
Sections A and B of this regulation do not apply to a primitive camp.
Regulation .39 Bathing and Hand Washing Facilities.LinkCopy Citation
A.
Except as provided in §B of this regulation, an operator shall ensure that:
(1)
Hand washing facilities are located:
(a)
Within 300 feet of each housing unit; and
(b)
Adjacent to each toilet or privy site;
(2)
Except when a camper provides the camper's own soap and towel, a hand washing unit is equipped with:
(a)
Soap; and
(b)
A hot air hand drier or disposable towels;
(3)
For a residential camp, one hand washing unit is provided for every 25 campers or fraction of 25 campers;
(4)
For a day camp, one hand washing unit is provided for every 35 campers or fraction of 35 campers;
(5)
A trash container is provided in a lavatory area;
(6)
For a residential camp, one showerhead is provided for every 15 campers or fraction of 15 campers;
(7)
Whenever a shower is provided:
(a)
Shower heads are spaced at least 30 inches apart to provide a minimum of 6 square feet of floor area per unit;
(b)
A shower wall and ceiling is constructed of solid, nonabsorbent, easily cleanable materials;
(c)
A shower floor is:
(i)
Constructed of nonabsorbent, skid resistant, easily cleanable materials; and
(ii)
Sloped to properly constructed floor drains, with provisions to prevent pooling of water or overflow to adjacent floor areas;
(d)
A shower partition or shower curtain is provided to prevent splash from stall-type showers;
(e)
A soap storage area or nonglass soap dish is provided adjacent to a showerhead;
(f)
A dry dressing space with clothes hanging facilities is provided at a shower facility;
(g)
A nonabsorbent wall, extending from the floor to the ceiling or roof, separates facilities for both sexes in the same building;
(h)
Facilities are plainly designated boys or girls in:
(i)
Universal symbols; or
(ii)
The native language of the campers expected to use the facility;
(i)
A shower room is provided with a door or sight barriers to afford privacy; and
(j)
Hot and cold or tempered water is supplied to a shower; and
(8)
Whenever hot water is supplied:
(a)
The hot water temperature is maintained between 90° and 120°F;
(b)
A water heater is equipped with a:
(i)
Pressure and temperature relief valve; and
(ii)
Vacuum relief valve; and
(c)
Anti-scald protection is provided on a hot water line going to a shower or bathtub.
B.
An operator shall ensure that bathing and hand washing at a primitive camp:
(1)
Are sanitary and promote personal hygiene;
(2)
Do not create a nuisance or public health hazard;
(3)
Do not pollute the environment; and
(4)
Comply with applicable federal, State, and local statutes, regulations, and ordinances.
Regulation .40 Sleeping Facilities in Resident Youth Camps.LinkCopy Citation
An operator shall:
A.
Except at a primitive camp, provide a bed, cot, or bunk for each individual;
B.
Ensure that each bed, cot, or bunk has a sturdy frame allowing at least 12 inches of clear space from the floor;
C.
Ensure that each individual at a primitive camp:
(1)
Is provided with a sleeping bag; or
(2)
Brings the individual's own sleeping bag;
D.
Provide only clean and sanitary bedding to an individual, when bedding is provided;
E.
Ensure that a clean, disinfected, vermin-free, hole-free mattress, completely covered with a clean sheet or a plastic mattress cover is provided for each individual;
F.
Ensure that a mattress is disinfected annually;
G.
Ensure that where double-deck bunk beds are used the:
(1)
Clear space above the top of the lower bedding and below the bottom of the upper bunk is a minimum of 27 inches; and
(2)
Distance from the top of the upper mattress to the ceiling is a minimum of 36 inches; and
H.
Except at a primitive camp, provide at least 30 square feet of floor space per occupant in sleeping areas, including space for aisles between beds.
Regulation .41 Tents or Fabric Shelters.LinkCopy Citation
When a tent or fabric shelter is used, an operator shall ensure that:
A.
The occupancy of the tent or fabric shelter does not exceed the manufacturer's recommended capacity; and
B.
The tent or fabric shelter:
(1)
Is made of fire retardant material;
(2)
Bears a permanent label which states conspicuously, “WARNING: NO OPEN FLAMES IN OR NEAR THIS TENT OR FABRIC SHELTER”; and
(3)
Is located at least 10 feet away from a campfire or open flame.
Regulation .42 Food Service.LinkCopy Citation
A.
An operator shall ensure that:
(1)
Except as provided in §B of this regulation, a camp complies with all applicable food service statutes and regulations as set forth in Health-General Article, Title 21, Annotated Code of Maryland, and COMAR 10.15.03;
(2)
A parent or guardian is notified in writing of the camp’s policy on storage of a lunch brought from home; and
(3)
If a camp permits potentially hazardous food, as defined in COMAR 10.15.03, in a lunch brought from home, the lunch is kept refrigerated at a temperature of 41°F or below.
B.
Primitive Camp. An operator of a primitive camp shall ensure that:
(1)
Food served is:
(a)
Wholesome and safe for human consumption;
(b)
Free from spoilage, filth, or other contamination; and
(c)
Obtained from sources that comply with all laws relating to food and food labeling;
(2)
Transportation, storage, preparation, cooking, and service procedures are implemented to:
(a)
Protect food and equipment from contamination; and
(b)
Maintain safe temperatures, as defined in COMAR 10.15.03;
(3)
Equipment is provided to transport, store, prepare, cook, and serve food safely;
(4)
A food-contact surface of equipment used to prepare, store, or serve a potentially hazardous food is cleaned and sanitized:
(a)
After each use; and
(b)
If the surface is contaminated;
(5)
Hand washing materials are provided;
(6)
A food handler maintains personal cleanliness during work, including:
(a)
Washing the food handler's hands:
(i)
Before starting work;
(ii)
After using toilet facilities;
(iii)
Before touching foods; and
(iv)
As often as required to remove soil and contamination;
(b)
Keeping fingernails clean and neatly trimmed; and
(c)
Keeping outer garments clean; and
(7)
A food handler uses safe food handling practices during work, including:
(a)
Keeping the food handler's hands clean when handling food and food-contact surfaces;
(b)
Wearing a hair net, cap, or other effective hair restraint;
(c)
Not smoking or using tobacco in any form; and
(d)
Not working when infected with a disease that is communicable by way of food;
(8)
Food storage is provided that:
(a)
Has effective insulation;
(b)
Maintains food at safe temperatures during storage, preparation, and transportation;
(c)
Has a thermometer graduated at 2°F intervals;
(d)
Maintains cold foods at or below 41°F;
(e)
Maintains hot foods at or above 135°F; and
(f)
Maintains frozen foods at or below 0°F;
(9)
If cold food exceeds 50°F before serving, the food is discarded as garbage; and
(10)
Hot food is:
(a)
Thoroughly cooked to achieve a safe internal temperature as determined by the use of a metal stem thermometer;
(b)
Consumed immediately after preparation; and
(c)
Discarded as garbage if not consumed immediately after preparation.
Regulation .43 Garbage and Other Refuse.LinkCopy Citation
An operator shall ensure that:
A.
Durable containers in good condition are provided for the storage of garbage and other refuse;
B.
Garbage and trash are:
(1)
Collected as often as necessary to prevent the containers from overflowing; and
(2)
Disposed of by a system in accordance with State and local laws, regulations, and ordinances; and
C.
Containers used outside:
(1)
Have tight-fitting lids; and
(2)
Are leak-proof, fly-proof, and rodent-proof.
Regulation .44 Insect, Rodent, and Vermin Control.LinkCopy Citation
An operator shall ensure that a facility at the camp is maintained to:
A.
Minimize the entry of insects, rodents, and other vermin into the structures or campsite; and
B.
Eliminate the harborage of insects, rodents, and other vermin.
Regulation .45 Rabies Controls.LinkCopy Citation
An operator shall comply with animal vaccination requirements, as set forth in:
A.
Health-General Article, §18-318, Annotated Code of Maryland; and
B.
COMAR 10.06.02.
Regulation .46 Fire and Other Hazards.LinkCopy Citation
A.
Except for the operator of a primitive camp and as provided in §B of this regulation, an operator shall ensure that:
(1)
A camp is:
(a)
In compliance with all fire and safety code requirements; and
(b)
Approved by the State or county fire authority;
(2)
Buildings within the camp are constructed and maintained in accordance with State and local fire and safety codes; and
(3)
An electrical system at a camp is:
(a)
Installed and maintained in compliance with local electrical codes; or
(b)
In the absence of a local electrical code, safe and inspected for safety by a master electrician licensed by the State, as evidenced by written documentation from the inspecting electrician.
B.
An operator may provide written documentation from the building owner that there are no outstanding electrical and fire safety code violations for a building used or to be used as a youth camp facility that is:
(1)
Owned by the State or a local government and used by the public for more than 170 calendar days per year; or
(2)
Owned and operated as a nonpublic school and used as a school for more than 170 calendar days per year.
C.
An operator shall ensure that a:
(1)
Pesticide, toxic chemical, or hazardous material is:
(a)
Properly labeled;
(b)
Stored in a safe manner;
(c)
Not accessible to a camper; and
(d)
Used only by a camp staff member;
(2)
Camp staff member is trained to use a hazardous material safely before the staff member handles a hazardous material at the camp;
(3)
Material safety data sheet for a potentially hazardous chemical is available to the camp staff members; and
(4)
Chemical is handled, used, stored, and disposed of according to the material safety data sheet and all applicable federal, State, and local codes.
D.
An operator shall:
(1)
Ensure that a camp is maintained to eliminate or minimize a safety hazard such as:
(a)
Entrapment;
(b)
Entanglement;
(c)
Impact with moving equipment or a moving vehicle;
(d)
Impact from equipment tipover or failure;
(e)
Contact with hazards such as protrusions, pinch points, sharp edges, or hot surfaces;
(f)
A water fall;
(g)
Poisonous snakes, insects, or plants;
(h)
A natural or man-made hazard specific to the site; or
(i)
Any other condition or situation that poses a risk of injury to a camper or staff member; and
(2)
Provide warning signs or a barrier around a hazard that cannot be eliminated due to a natural condition at the camp.
Regulation .47 Specialized Activities: Aquatic Programs.LinkCopy Citation
A.
For a camp that offers an aquatic program, an operator shall ensure that:
(1)
During the aquatic activity, a director is present at the camp or, when the activity occurs off the camp premises, at the activity site;
(2)
A safety plan is developed and implemented:
(a)
According to Regulation .52 of this chapter; and
(b)
That includes procedures for:
(i)
Evaluating and classifying a camper’s swimming ability and other appropriate aquatic skills before a camper participates in water activities;
(ii)
Assigning a camper to areas, equipment, facilities, and activities appropriate for the camper’s abilities;
(iii)
Maintaining water activity equipment and facilities in good working condition;
(iv)
A safety system to account quickly for all campers during the water activity;
(v)
Supervision ratios in §C of this regulation;
(vi)
When natural swimming areas are used, meeting the requirements in §E(2) of this regulation; and
(vii)
When watercraft activities occur, meeting the requirements of §F of this regulation.
B.
Emergency and First Aid Information and Equipment. At the site of the aquatic program, an operator shall:
(1)
Post in a conspicuous place, or for a primitive camp have available, a list of emergency procedures and, if a phone is provided, a list of emergency telephone numbers; and
(2)
Provide first aid and rescue equipment.
C.
Swimming. An operator shall ensure that:
(1)
When swimming instruction is given, an instructor is present and supervising the activity;
(2)
One lifeguard, with lifeguard certification appropriate for the swimming site, is on duty for each group of 50 campers or fraction of 50 campers in the water;
(3)
A watcher, who is a staff member or volunteer who is 16 years old or older and is not the individual required in §C(1) or (2) of this regulation, is on duty at pool side observing the campers for each group of 25 campers or a fraction of 25 campers in the water;
(4)
Two individuals certified in first aid and CPR are on duty at the activity;
(5)
An additional instructor, lifeguard, counselor, or assistant counselor is on duty if any condition exists that compromises the ability of the staff member to perform the staff member's job duty; and
(6)
One adult staff member, adult volunteer, counselor, or assistant counselor is on duty and supervising the campers for each group of ten campers or fraction of ten campers participating in the swimming activity;
D.
Pool and Equipment. An operator shall ensure that a swimming pool facility and equipment:
(1)
Complies with the requirements of COMAR 10.17.01; and
(2)
Are maintained in good condition.
E.
Natural Diving and Swimming Areas. For a youth camp that uses a natural diving or swimming area, an operator shall:
(1)
Comply with the requirements of COMAR 26.08.09; and
(2)
Ensure that:
(a)
A hazard is assessed and eliminated or clearly marked before a camper swims, dives, or bathes at a natural diving or swimming area;
(b)
A swimmer is not subjected to a dangerous condition such as a strong current, a sharp drop-off, a quicksand bottom, or rough surf;
(c)
Water is free from dangerous aquatic life;
(d)
The bottom is free from hazardous debris, sharp stones, and sharp shells;
(e)
Swimming, diving, and boating areas are clearly marked or roped off; and
(f)
Diving and swimming programs are conducted at separate times or in separate areas from boating programs.
F.
Activities Involving the Use of Watercraft. An operator shall ensure that:
(1)
A watercraft is equipped with U.S. Coast Guard approved personal flotation devices of Types I, II, or III, as prescribed for the specific type of craft and number and age of occupants;
(2)
A water skier wears a personal flotation device approved by the U.S. Coast Guard for that particular activity;
(3)
A watercraft towing a water skier has an observer on board in addition to the driver;
(4)
An occupant of a watercraft wears a U.S. Coast Guard approved personal flotation device;
(5)
An individual using a watercraft has been given training in boarding, debarking, and safety procedures for the craft;
(6)
Except on a river trip when the instructor's supervision is described in a written safety plan, an instructor is within sight and hearing of the watercraft activity;
(7)
An individual holding certification in first aid and CPR is present at each watercraft activity;
(8)
One lifeguard or water safety rescuer who has lifeguard or rescuer certification appropriate for the watercraft site and activity is present at each watercraft activity; and
(9)
One adult staff member, adult volunteer, counselor, or assistant counselor is on duty and supervising the campers for each group of ten campers or fraction of ten campers participating in the watercraft activity.
Regulation .48 Specialized Activities: Marksmanship Using Rifles and Air Guns.LinkCopy Citation
A.
Rifle Range. For a camp that offers riflery activities, an operator shall ensure that:
(1)
The rifle range is located where a camper will not wander into the field of fire while engaged in other camp activities;
(2)
If possible, the direction of fire is to the north to minimize a shooter being blinded by the sun;
(3)
A blind approach to the field of fire is fenced, with warning signs posted;
(4)
The firing line is level from one flank to the other with a minimum of 5 feet between firing points;
(5)
A ready line is established 10 feet to the rear of the firing points;
(6)
The rifle range is free of an object that might cause a bounce back or a ricochet; and
(7)
Except when visibility extends downrange for at least 3,000 feet beyond the targets, a backstop is present that is:
(a)
A hill that:
(i)
Has a crest of not less than 30 feet above the level of the firing point;
(ii)
Is clear of brush for an area at least 100 yards up the slope from the targets or to the crest of the hill;
(iii)
Has a cut taken out of the face of the hillside immediately behind the targets to provide a perpendicular face to catch the bullets and prevent ricochet;
(iv)
Has all rocks, glass, and metal removed from the perpendicular cut immediately behind the targets; and
(v)
Has a nonremovable obstacle covered with at least 6 inches of soil and sodded or seeded to prevent a ricochet; or
(b)
A wood crib that is:
(i)
Filled with dry earth or sand; and
(ii)
At least 10 feet high, 30 inches thick, and 6 feet beyond the end of the targets.
B.
Air Gun Range. An operator shall ensure that an air gun range:
(1)
Complies with all requirements of §A(1) — (6) of this regulation; and
(2)
Except when the entire safety fan area of the air gun range is unoccupied, has a backstop that meets all requirements of §A(7) of this regulation or has a backstop that:
(a)
Is covered with soft material to prevent a ricochet, a bounce back, or a shot from leaving the range area;
(b)
Has walls or side berms that are covered with soft materials to prevent a ricochet, a bounce back, or a shot from leaving the range area; and
(c)
Is sufficient to stop or contain the pellets.
C.
For a camp that offers a riflery or an air gun activity, or both, an operator shall ensure that:
(1)
A camper is instructed in safe firing range procedures before the camper participates in the activity;
(2)
Red firing flags are conspicuously displayed when the range is in use;
(3)
Only an individual ready to fire is on the firing line and anyone waiting to fire remains behind the ready line;
(4)
An individual stays behind the firing line at all times, except when ordered by the instructor to retrieve targets; and
(5)
Guns and ammunition are stored separately in a locked storage area.
D.
Riflery and Air Gun Activity Staff Members.
(1)
An operator shall ensure that:
(a)
During the riflery or air gun activity, a director is present at the camp or, when the activity occurs off the camp premises, the activity site;
(b)
An instructor and at least one counselor or assistant counselor to assist are on the range at all times during a firing session; and
(c)
One adult staff member, adult volunteer, counselor, or assistant counselor is on duty and supervising the campers for each group of ten campers or fraction of ten campers on the firing line.
(2)
An instructor shall ensure that:
(a)
The equipment is clean and in good repair;
(b)
The equipment is stored safely and secured;
(c)
The equipment use is controlled by means of a checkout system;
(d)
Safety glasses are provided for and worn by each shooter and staff member on the firing line; and
(e)
Except at an air gun activity, ear protection is provided for and worn by each shooter and staff member on the firing line.
E.
Procedures. An operator shall ensure that a safety plan is developed and implemented:
(1)
According to Regulation .52 of this chapter; and
(2)
That includes procedures for meeting the requirements of §§A — D of this regulation.
Regulation .49 Specialized Activities: Archery.LinkCopy Citation
A.
Archery Range. For a camp that offers archery activities, an operator shall ensure that:
(1)
An archery range is located where a camper will not wander into the danger area while engaged in other camp activities;
(2)
An archery range is clearly marked to warn individuals away from the danger area;
(3)
When possible, the shooting direction is to the north to minimize an archer being blinded by the sun;
(4)
The shooting area has at least 50 yards of clearance or an archery net behind each target; and
(5)
When different archer-to-target distances are required for a group that is shooting at the same time on the same field:
(a)
One common shooting line is used; and
(b)
The targets are set at a distance from the shooting line that is appropriate with the skill level of the camper.
B.
An operator shall ensure that:
(1)
Archers fire from a common firing line with a ready line marked behind it;
(2)
Only an archer ready to shoot is on the firing line and anyone waiting to shoot remains behind the ready line;
(3)
An individual stays behind the firing line at all times except when ordered by the instructor to retrieve a target or an arrow; and
(4)
Bows and arrows are stored in a locked enclosure.
C.
Staff Members. For a camp that offers archery activities, an operator shall ensure that:
(1)
During the archery activity, a director is present at the camp or, when the activity occurs off the camp premises, the activity site;
(2)
An instructor and at least one counselor or assistant counselor to assist are on the range at all times during a firing session; and
(3)
One adult staff member, adult volunteer, counselor, or assistant counselor is on duty and supervising the campers for each group of ten campers or fraction of ten campers on the firing line.
D.
Procedures. An operator shall ensure that a safety plan is developed and implemented:
(1)
According to Regulation .52 of this chapter; and
(2)
That includes procedures for meeting the requirements of §§A — C of this regulation.
Regulation .50 Specialized Activities: Horseback Riding.LinkCopy Citation
A.
For a camp that offers horseback riding, an operator shall ensure that:
(1)
A riding instructor determines a camper's riding experience and level of skill before assigning a horse and deciding whether the camper rides in a ring or on a trail;
(2)
A rider wears:
(a)
Protective headgear at all times that bears the label of the American Society for Testing and Materials (ASTM) F1163; and
(b)
Shoes with heels or uses closed stirrups;
(3)
All horses are healthy and well cared for; and
(4)
A horse riding stable meets the requirements of COMAR 15.16.01 and is maintained in good condition.
B.
Staff Members. For a camp that offers horseback riding, an operator shall ensure that:
(1)
During the horseback riding activity, a director is present at the camp or, when the activity occurs off the camp premises, at the activity site;
(2)
An instructor is present at each:
(a)
Horseback riding activity; and
(b)
Trail excursion; and
(3)
One adult staff member, adult volunteer, counselor, or assistant counselor is on duty and supervising the campers for each group of ten riders or a fraction of ten riders at each:
(a)
Horseback riding activity; and
(b)
Trail excursion.
C.
Procedures. An operator shall ensure that a safety plan is developed and implemented:
(1)
According to Regulation .52 of this chapter; and
(2)
That includes procedures for meeting the requirements of §§A and B of this regulation.
Regulation .51 Other Specialized Activities.LinkCopy Citation
A.
An operator shall ensure that a specialized activity safety plan is developed and implemented according to §C of this regulation for a camp that offers a specialized activity or program of:
(1)
Firearms control;
(2)
Adventure camping;
(3)
Artistic gymnastics;
(4)
Hang gliding;
(5)
Road cycling;
(6)
Skiing;
(7)
Rock climbing;
(8)
Spelunking;
(9)
Motorized vehicle activities;
(10)
Rappelling; or
(11)
High ropes.
B.
Staff Members. For a camp that offers a specialized activity set forth in §A of this regulation, an operator shall ensure that during the specialized activity:
(1)
A director is present at the camp or, when the activity occurs off the camp premises, the activity site;
(2)
An instructor is present at the specialized activity; and
(3)
One adult staff member, adult volunteer, counselor, or assistant counselor is on duty and supervising the campers for each group of ten campers or fraction of ten campers.
C.
Procedures. An operator shall ensure that a safety plan is developed and implemented:
(1)
According to Regulation .52 of this chapter; and
(2)
That includes procedures for meeting the requirements of §B of this regulation.
D.
Except when an auto-belay system is utilized, an individual participating in rock climbing or high ropes activities, regardless of whether the activity occurs on manufactured equipment or natural formations, shall wear a helmet.
Regulation .52 Specialized Activity and Camp Trip Safety.LinkCopy Citation
A.
Safety Plan. An operator shall ensure that a written safety plan:
(1)
Is prepared for each specialized activity, specialized activity location, and trip before a camper participates in a specialized activity or embarks on a trip;
(2)
Defines and addresses the potential health and safety risks for each specialized activity and trip;
(3)
Identifies camp staff members' qualifications and responsibilities for each specialized activity and trip;
(4)
Includes operating procedures for:
(a)
Informing a parent or guardian, camper, staff member, and volunteer of the activity before a camper participates in an activity or embarks on a trip;
(b)
Obtaining written authorization from a child's parent or guardian before the child participates in an activity or embarks on a trip;
(c)
Participation eligibility requirements;
(d)
Supervision requirements including camper to staff member ratios;
(e)
Safety rules, standards, and practices; and
(f)
Equipment use, maintenance, and storage; and
(5)
When an activity occurs off the camp premises, includes procedures for:
(a)
Maintaining campers, staff members, and volunteers' health and emergency information including when and where the information is maintained;
(b)
Emergency communication;
(c)
Designating a contact person; and
(d)
Attendance.
B.
Camp Trip.
(1)
Staff Members. An operator shall ensure that on a camp trip:
(a)
A director is present;
(b)
One adult staff member, adult volunteer, counselor, or assistant counselor is on duty and supervising the campers for each group of ten campers or a fraction of ten campers;
(c)
An adult with cardiopulmonary resuscitation certification from a national organization is on duty; and
(d)
An adult with first aid certification from a national organization is on duty.
(2)
An operator shall ensure that the camp's contact person maintains trip information including:
(a)
A roster of participants;
(b)
Departure and return times;
(c)
Attendance during the:
(i)
Departure;
(ii)
Activity; and
(iii)
Return;
(d)
An itinerary;
(e)
The route taken; and
(f)
Inclement weather plans;
C.
Specialized Activity and Camp Trip Safety Training. An operator shall ensure that:
(1)
Not more than 30 calendar days before working at the camp's specialized activity or participating in a trip, each staff member or volunteer:
(a)
Is trained in the camp's safety plan;
(b)
Demonstrates knowledge of the camp's safety plan; and
(c)
Is provided with the opportunity to discuss the procedures and have any questions answered by a supervisor; and
(2)
Documentation is kept on file that each staff member or volunteer received the training required in §C(1) of this regulation.
D.
Specialized Activity and Camp Trip Safety Procedures. An operator shall ensure that:
(1)
A camper is instructed in safety procedures and the use of protective equipment;
(2)
A camper, staff member, or volunteer is provided with and uses safety equipment suitable to the specialized activity or camp trip; and
(3)
The specialized activity or trip is conducted according to the safety plan.
Regulation .53 Transportation.LinkCopy Citation
A.
When a camper, staff member, or volunteer is transported, an operator shall ensure that:
(1)
Transportation is provided according to applicable State law;
(2)
A transportation safety plan is developed and implemented that includes:
(a)
Transportation safety rules, standards, and practices;
(b)
Supervision requirements including camper to staff ratios;
(c)
Emergency transportation services; and
(d)
Severe weather procedures;
(3)
Not more than 30 calendar days before the camp uses transportation, each staff member or volunteer involved in the transportation and each transportation service provider or driver:
(a)
Is trained in the camp's transportation safety plan;
(b)
Demonstrates knowledge of the camp's transportation safety plan; and
(c)
Is provided with the opportunity to discuss the procedures and have questions answered by a supervisor;
(4)
Documentation is kept on file that each staff member or volunteer received the training required in §A(3) of this regulation;
(5)
A camper, staff member, or volunteer is provided with and uses transportation safety equipment;
(6)
The driver of a vehicle is:
(a)
An adult; and
(b)
Licensed according to applicable State law;
(7)
The number of occupants in a vehicle does not exceed the vehicle manufacturer's seating capacity;
(8)
Before a camper is transported, written authorization from a camper's parent or guardian is obtained; and
(9)
Vehicular traffic is controlled on the campsite.
B.
When the camp operator provides or arranges camper transportation to camp, from camp, or to and from camp, the operator shall:
(1)
Ensure that a director is available for consultation;
(2)
Provide written information to the camper's parent or guardian that includes the:
(a)
Camper's pick-up time and designated pick-up location;
(b)
Camper's drop-off time and designated drop-off location;
(c)
Camp's pick-up and drop-off safety procedures;
(d)
Camp's policy concerning the camp's responsibility for supervising a camper when the camper is picked up, dropped off, and transported;
(3)
Obtain a written agreement from the camper's parent or guardian concerning the parent's or guardian's responsibility for supervising a camper before the camper is picked up and after the camper is dropped off; and
(4)
In addition to the driver, ensure that one assistant counselor or adult is on duty and supervising the campers when there are ten or more campers in a vehicle.
C.
An operator may not transport a camper in a:
(1)
Non-passenger vehicle; or
(2)
An individual's car without obtaining written authorization from the:
(a)
Camper's parent or guardian; and
(b)
Owner of the vehicle.
Regulation .54 Supervision of Campers During Routine Activities.LinkCopy Citation
During a routine activity, an operator shall ensure that:
A.
A camp director is available for consultation at all times when campers are present at a camp;
B.
For campers who are 3-1/2 to 5 years old:
(1)
When there are one to eight campers, one adult is on duty and supervising the camper or campers;
(2)
When there are nine to 16 campers, on duty and supervising the campers are:
(a)
One adult; and
(b)
A second staff member who is an assistant counselor or adult;
(3)
When there are 17 to 24 campers, on duty and supervising the campers are:
(a)
One adult; and
(b)
Two additional staff members who are assistant counselors or adults; and
(4)
A group does not exceed 24 campers;
C.
For campers who are 6 to 10 years old:
(1)
When there are one to 15 campers, one adult is on duty and supervising the campers;
(2)
When there are 16 to 30 campers, on duty and supervising the campers are:
(a)
One adult and two assistant counselors; or
(b)
Two adults; and
(3)
A group does not exceed 30 campers;
D.
For campers who are 11 years old or older:
(1)
When there are one to 15 campers, one adult is on duty and supervising the campers;
(2)
When there are 16 to 30 campers, on duty and supervising the campers are:
(a)
One adult and two assistant counselors; or
(b)
Two adults;
(3)
When there are 31 to 40 campers, on duty and supervising the campers are:
(a)
Two adults and two assistant counselors; or
(b)
Three adults; and
(4)
A group does not exceed 40 campers;
E.
When a camper who is 3-1/2 to 5 years old is grouped together with older campers, supervision is provided as required in §B of this regulation;
F.
When a camper who is 6 to 10 years old is grouped together with older campers, supervision is provided as required in §C of this regulation; and
G.
An assistant counselor under the direction of an adult may supervise, for up to 30 minutes, no more than five campers without an adult supervisor present.
Regulation .55 Implementation of This Chapter.LinkCopy Citation
Implementation of this chapter is contingent on the availability of funds.
Chapter 07. Health and Medication Requirements for Youth Camps
Regulation .01 Scope.LinkCopy Citation
This chapter applies to programs or activities that meet the definition of youth camp as defined in COMAR 10.16.06.02.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Acute illness” means an abnormal condition of the body with rapid onset associated with recognizable symptoms and signs, such as chicken pox, gastroenteritis, influenza, or streptococcal sore throat, which has a short course of duration, as opposed to a chronic illness of long duration lasting 30 calendar days or more.
(2)
Administer Medication.
(a)
“Administer medication” means the act of providing, preparing, or applying a medication.
(b)
“Administer medication” does not include:
(i)
Reminding a camper to take a medication; or
(ii)
Providing physical assistance with opening and removing a medication from the container or locked storage.
(3)
“Adult” has the meaning stated in COMAR 10.16.06.02.
(4)
“Agent” means an individual who:
(a)
Is at least 18 years old;
(b)
Has successfully completed, at the expense of an applicant, an emergency epinephrine educational training program approved by the Department; and
(c)
Is appointed by a certificate for emergency epinephrine holder to administer emergency use epinephrine in an emergency situation.
(5)
“Anaphylaxis” means a sudden, severe, and potentially life-threatening allergic reaction that occurs when an individual is exposed to an allergen.
(6)
“Applicant” means an individual applying for a Certificate for Emergency Epinephrine.
(7)
“Camp” means a youth camp as defined in COMAR 10.16.06.02.
(8)
“Camper” has the meaning stated in COMAR 10.16.06.02.
(9)
“Certificate” means a document showing the authority to operate a youth camp, issued by the Maryland Department of Health pursuant to COMAR 10.16.06 and Health-General Article, §14-403, Annotated Code of Maryland, which displays the name of the person granted the authority.
(10)
“Certificate for emergency epinephrine” means a certificate or an endorsement on the operating certificate of a youth camp issued by the Maryland Department of Health to an individual who operates a youth camp under COMAR 10.16.06 to obtain, store, and administer emergency use epinephrine.
(11)
“Certificate for emergency epinephrine holder” means an individual who is authorized by the Maryland Department of Health to obtain, store, and administer emergency use epinephrine to be used in an emergency situation.
(12)
“Day” has the meaning stated in COMAR 10.16.06.02.
(13)
“Department” has the meaning stated in COMAR 10.16.06.02.
(14)
“Director” has the meaning stated in COMAR 10.16.06.02.
(15)
“Emergency medication” means a medication, identified by a camper’s plan of action for use in case of a medical emergency, for a camper with an identified medical problem.
(16)
“Emergency use epinephrine” means a portable, disposable drug delivery device or product approved by the federal Food and Drug Administration that contains a premeasured single dose of epinephrine that is used to treat anaphylaxis in an emergency situation.
(17)
“Health supervisor” means an individual who:
(a)
Provides health services for a camp; and
(b)
Is licensed by the State as a:
(i)
Physician;
(ii)
Certified nurse practitioner; or
(iii)
Registered nurse.
(18)
Identified Medical Problem.
(a)
“Identified medical problem” means a chronic physical condition diagnosed by a licensed health care professional that:
(i)
Requires specific medical treatment and supervision; and
(ii)
If untreated, can adversely affect the general health of the camper.
(b)
“Identified medical problem” includes, but is not limited to:
(i)
Asthma;
(ii)
Cancer;
(iii)
Diabetes; and
(iv)
Epilepsy.
(c)
“Identified medical problem” does not include a chronic physical condition, which does not typically cause other medical problems or have an adverse effect on the general health of the camper, such as:
(i)
Blindness;
(ii)
Deafness; or
(iii)
A developmental disability.
(19)
“Medication” means any nonprescription or prescription medication present at camp.
(20)
“Operate” means to supervise, control, conduct, or manage a youth camp as:
(a)
An owner;
(b)
An agent of the owner;
(c)
A lessee of the owner;
(d)
A director; or
(e)
An independent contractor.
(21)
“Operator” has the meaning stated in COMAR 10.16.06.02.
(22)
“Person” has the meaning stated in COMAR 10.16.06.02.
(23)
“Secretary” has the meaning stated in COMAR 10.16.06.02.
(24)
“Self-administer medication” means the act of an individual’s ingesting, injecting, or applying the individual’s own medication when the individual:
(a)
Identifies the individual’s own medication; and
(b)
Follows the directions for use, including the correct route, dose, and frequency.
(25)
“Successfully completed” means to pass a written examination with a grade of 75 percent or higher.
Regulation .03 Health Program.LinkCopy Citation
A.
An operator shall prepare and implement a written health program that:
(1)
Is approved annually, in writing, by a physician, certified nurse practitioner, or registered nurse licensed to practice in the State;
(2)
Is on file in the headquarters or office of the camp and is available to the camp staff members;
(3)
Includes the name, title, and license number of the health supervisor;
(4)
Includes procedures for the camp staff members to:
(a)
Obtain camper, staff, and volunteer health information;
(b)
Notify the camp health supervisor when a camper has an identified medical problem to ensure that there is a plan of action at the camp in case of a medical emergency;
(c)
Disseminate information to staff members that work with a camper having a health problem;
(d)
Care for a camper with an identified medical problem;
(e)
Maintain confidentiality regarding all health information on campers and staff members;
(f)
Observe campers each day for easily discernible signs of injury or illness;
(g)
Handle health emergencies and accidents;
(h)
Use emergency ambulance services and 911 services;
(i)
Care for and supervise an injured or ill camper until the camper is returned to the parent, guardian, or the parent’s or guardian’s designee;
(j)
Notify a parent, guardian, or the parent’s or guardian’s designee when a camper is observed to be injured or ill;
(k)
Report health situations in accordance with Regulations .06 and .07 of this chapter; and
(l)
Prevent the spread of an infectious disease using:
(i)
Hand washing procedures;
(ii)
Personal protective equipment;
(iii)
Personal hygiene; and
(iv)
An exposure control plan;
(5)
Includes procedures for handling medication at camp in accordance with Regulation .14 of this chapter; and
(6)
If using electronic records, includes procedures for, in the event that a power or server outage prevents access to the electronic record:
(a)
Accessing camper, staff, and volunteer health information;
(b)
Documenting injuries, illnesses, and other reportable diseases and conditions in a paper health log; and
(c)
Documenting medication administration on a paper form.
B.
An operator shall ensure and document that, not more than 30 calendar days before working at the camp, each staff member or volunteer:
(1)
Is trained in the health program;
(2)
Demonstrates knowledge of the health program procedures; and
(3)
Is provided with the opportunity to discuss the procedures and have any questions answered by a supervisor.
C.
A staff member or volunteer shall conduct health procedures according to the health program.
Regulation .04 Health Personnel.LinkCopy Citation
An operator shall ensure that:
A.
A camp health supervisor is:
(1)
Available for consultation at all times when campers are present at a camp; and
(2)
On site at all times when campers are present in a camp where 50 percent or more of the campers have identified medical problems;
B.
Two adults with cardiopulmonary resuscitation certification by a national organization with a training program in cardiopulmonary resuscitation are on duty at all times;
C.
If a camp has campers participating in a trip and campers remaining at camp, an adult with cardiopulmonary resuscitation certification by a national organization with a training program in cardiopulmonary resuscitation is on duty:
(1)
With the trip; and
(2)
At the camp;
D.
The cardiopulmonary resuscitation certification by the national organization is appropriate to the age of campers and staff members;
E.
Two adults with first aid certification by a national organization with a training program in first aid are on duty at all times; and
F.
If a camp has campers participating in a trip and campers remaining at camp, an adult with first aid certification by a national organization with a training program in first aid is on duty:
(1)
With the trip; and
(2)
At the camp.
Regulation .05 Health Log.LinkCopy Citation
An operator shall ensure that:
A.
A camp staff member records in the camp health log, for all injuries, illnesses, medication errors, and reportable diseases and conditions as delineated in COMAR 10.06.01, the:
(1)
Date;
(2)
Name of individual;
(3)
Ailment;
(4)
Treatment prescribed; and
(5)
Name of the individual administering care or initials of the individual administering care if a list of names and initials is provided at the front of the health log;
B.
The camp health log is:
(1)
Written on lined paper;
(2)
Maintained in a confidential manner;
(3)
Stored in a locked compartment;
(4)
Available at all times for review by the Department; and
(5)
Retained for a period of 3 years;
C.
Each entry in the camp health log is:
(1)
Recorded in ink and no lines are skipped, providing a permanent record that is not easily modified; and
(2)
Legibly signed by the individual administering care at the camp; and
D.
The camp health log is a:
(1)
Bound volume, such as a composition notebook;
(2)
Spiral book with sequentially numbered pages; or
(3)
Dedicated paper record per individual.
Regulation .06 Required Health Reports.LinkCopy Citation
For all campers, staff members, and volunteers, an operator shall ensure that:
A.
An injury or illness that results in death or that requires resuscitation or admission to a hospital is reported:
(1)
Immediately to the health supervisor and, in the case of a minor, to the minor’s parent or guardian;
(2)
Verbally to the Department within 24 hours; and
(3)
To the Department within 1 week of the incident, on a form that meets the requirements of Regulation .07 of this chapter;
B.
An injury that is treated at an off-site medical facility and that results in a positive diagnosis through clinical examination, laboratory test, or X-ray is reported:
(1)
Immediately to the health supervisor and, in the case of a minor, to the minor’s parent or guardian; and
(2)
To the Department within 4 weeks of the end of camp on a form that meets the requirements of Regulation .07 of this chapter;
C.
When a camp health supervisor is on duty at the camp, an accident with no apparent injury, such as a fall from a horse, a fall from equipment, or impact from sports equipment, is reported immediately to the health supervisor;
D.
When a camp health supervisor is only available for consultation and not on duty at the camp, the minor’s parent or guardian is notified as soon as possible and before the end of the camp day, verbally or in writing, of:
(1)
An illness or injury that is not included in §A or B of this regulation; or
(2)
An accident with no apparent injury, such as:
(a)
A fall from a horse;
(b)
A fall from equipment; or
(c)
Impact from sports equipment;
E.
An outbreak of a disease or a condition that is required to be reported pursuant to COMAR 10.06.01 is reported:
(1)
Immediately to the health supervisor and in the case of a minor, to the minor’s parent or guardian;
(2)
Verbally to the Department within 24 hours; and
(3)
To the Department within 1 week of the incident on a form that meets the requirements of Regulation .07 of this chapter;
F.
A medication error or incident that required the administration of emergency use epinephrine is reported:
(1)
Immediately to the health supervisor and, in the case of a minor, to the minor’s parent or guardian; and
(2)
To the Department within 4 weeks of the end of camp on a form that meets the requirements of Regulation .07 of this chapter; and
G.
A camp health supervisor and camp director shall:
(1)
Annually review all health log records and identify opportunities to reduce incidents, accidents, injuries, and medication errors; and
(2)
Make available to the Department for review written documentation of the findings of the review of health log records.
Regulation .07 Reportable Condition Report Form.LinkCopy Citation
An operator shall ensure that:
A.
Any reportable condition described in Regulation .06 of this chapter is reported to the Department on a form prescribed by the Department;
B.
Each report form is:
(1)
Completed in duplicate; and
(2)
Signed and dated by the person completing the form;
C.
The original report form is maintained for at least 3 years; and
D.
A copy of the report is forwarded to the Department with personal identifiers removed to maintain confidentiality.
Regulation .08 Camper’s Health Record.LinkCopy Citation
An operator shall ensure that each camper has on file at the time of admission to a youth camp a written personal health record that includes:
A.
The name of the camper’s primary care physician or other provider of medical care;
B.
Pertinent information on any health problem including a physical, psychiatric, or behavioral problem;
C.
The name and phone number of a parent or legal guardian and at least one additional person to contact in an emergency situation; and
D.
For a camper who currently resides:
(1)
Within the United States, a United States territory, or the District of Columbia, documentation of:
(a)
The camper’s residence; and
(b)
Immunization exemptions because of a parental or guardian objection or medical contraindication; or
(2)
Outside the United States, a United States territory, or the District of Columbia, documentation of:
(a)
The camper’s residence; and
(b)
Record of vaccination or immunity on a form prescribed by the Department.
Regulation .09 Staff Member’s or Volunteer’s Health Record.LinkCopy Citation
An operator shall ensure that each staff member or volunteer has on file at the time of employment or volunteering at a youth camp a written personal health record that includes:
A.
The name of the staff member’s primary care physician or other provider of medical care;
B.
Pertinent information on any health problem including a physical, psychiatric, or behavioral problem;
C.
The name and phone number of a person to contact in an emergency; and
D.
For a staff member or volunteer who currently resides:
(1)
Within the United States, a United States territory, or the District of Columbia, documentation of:
(a)
The staff member’s or volunteer’s residence; and
(b)
Immunization exemptions because of a parental or guardian objection or medical contraindication; or
(2)
Outside the United States, a United States territory, or the District of Columbia, documentation of:
(a)
The staff member’s or volunteer’s residence; and
(b)
Record of vaccination or immunity on a form prescribed by the Department.
Regulation .10 Electronic Records.LinkCopy Citation
A.
All of the following records may be kept electronically:
(1)
A health log;
(2)
A camper health record;
(3)
A staff or volunteer health record;
(4)
A Medication Administration Authorization Form;
(5)
A Medication Administration Form;
(6)
A Medication Final Disposition Form; or
(7)
When an operator uses standing orders for medication administration, a parent or guardian consent form.
B.
The camp operator shall ensure that an electronic record under §A of this regulation is:
(1)
Capturing the same required information as the paper record being replaced;
(2)
Password protected;
(3)
Accessed only by authorized staff members;
(4)
Permanent and will not be deleted;
(5)
Capable of tracking staff member use of the system and producing an auditable record;
(6)
Maintained in a confidential manner;
(7)
Available at all times for review by the Department upon request; and
(8)
Retained for a period of 3 years.
C.
If the electronic record under §A of this regulation is unavailable for any reason, the camp operator shall:
(1)
Provide a paper health log that meets the requirements of Regulation .05 of this chapter;
(2)
Record all injuries, illnesses, medication errors, and reportable diseases and conditions as defined in COMAR 10.06.01 in the paper health log until access to the electronic record is restored;
(3)
Transcribe all information recorded in the paper health log into the electronic record once access to the electronic record is restored;
(4)
Annotate the paper health log to indicate that transcription has occurred;
(5)
Retain the paper health log according to the time frame specified in Regulation .05 of this chapter; and
(6)
Provide an alternative means to access the electronic record.
Regulation .11 Exclusion During Vaccine-Preventable Disease Outbreaks.LinkCopy Citation
During an outbreak of a vaccine-preventable disease at a camp, the camp operator shall exclude:
A.
A camper who does not have documented vaccination or immunity to the relevant vaccine-preventable disease from attending the camp; and
B.
An individual who does not have documented vaccination or immunity to the relevant vaccine-preventable disease from working or volunteering at the camp.
Regulation .12 Exclusion for Acute Illness and Communicable Disease.LinkCopy Citation
A.
An operator shall ensure that camp staff members:
(1)
Monitor a camper for signs and symptoms of acute illness such as vomiting, diarrhea, or a fever;
(2)
Arrange for first aid or medical treatment upon observing a sign or symptom of acute illness;
(3)
Restrict an affected camper from participating in camp activities so that the camper’s illness is not communicated to another individual;
(4)
Provide supervision for an affected camper so that the camper is within sight and hearing of the supervising staff member; and
(5)
Upon observing a sign or symptom of acute illness:
(a)
Report an illness in accordance with Regulation .06E of this chapter; and
(b)
Except for a residential camp as defined in COMAR 10.16.06.02, notify the camper’s parent, guardian, or other designated person that the camper may not remain at camp.
B.
When an acute illness is reported to the health supervisor, the health supervisor shall:
(1)
Provide medical consultation or treatment; and
(2)
Report the situation to the local health department in accordance with COMAR 10.06.01.
C.
If a camper is exhibiting a symptom of acute illness, an operator may not:
(1)
Admit an individual to a camp; or
(2)
Except for a residential camp as defined in COMAR 10.16.06.02, allow a camper to remain in a camp.
D.
An operator may not knowingly allow an individual to participate, work, or volunteer at camp during the period of communicability of a disease or condition listed in COMAR 10.06.01, unless:
(1)
The individual is under the care of a licensed health care practitioner; and
(2)
A licensed health care practitioner or local health officer as applicable approves, in writing, the individual’s attendance.
Regulation .13 Health Treatment.LinkCopy Citation
An operator shall ensure that:
A.
A health treatment area:
(1)
Is maintained within the camp for the temporary isolation and treatment of sick or injured campers;
(2)
Affords privacy, quiet, continual supervision, and protection from the elements;
(3)
Is equipped with:
(a)
First aid supplies specified by the health supervisor; and
(b)
Provisions for sanitary hand washing; and
(4)
In the case of a residential camp as defined in COMAR 10.16.06.02, except for a primitive camp as defined in COMAR 10.16.06.02, provides:
(a)
Hot and cold running water;
(b)
A bathroom with a flush toilet;
(c)
A hand sink;
(d)
A shower;
(e)
An isolation and convalescent area; and
(f)
Exterior lighting; and
B.
Staff members or volunteers wash their hands before and after treatment.
Regulation .14 Medications.LinkCopy Citation
A.
An operator shall ensure that:
(1)
Except for medication covered by standing orders as described in §I of this regulation, before administration of a medication, written authorization is provided on a Medication Administration Authorization Form meeting the requirements of §F of this regulation;
(2)
Except for a primitive camp as defined in COMAR 10.16.06.02, emergency medication, or while a medication is being administered, medication is kept in a locked storage compartment;
(3)
A prescription medication is kept in the original container bearing a pharmacy label that includes the:
(a)
Prescription number;
(b)
Date filled;
(c)
Authorized prescriber’s name;
(d)
Patient’s name;
(e)
Name of the medication;
(f)
Dose of the medication;
(g)
Route of administration for the medication;
(h)
Time or frequency of administration for the medication; and
(i)
Expiration date;
(4)
A nonprescription medication is kept in the original container that includes the directions for use;
(5)
Medication is given to the camper from the original container;
(6)
The directions provided in the prescriptive order for the medication found on the Medication Administration Authorization Form or the standing order is followed;
(7)
The staff member or designated volunteer administering the medication or supervising a camper who is self-administering medication knows the side effects and toxic effects of the medication;
(8)
Medication is kept in a secure manner;
(9)
Emergency medications are handled according to §D of this regulation;
(10)
Medication is stored according to the manufacturer’s directions;
(11)
A staff member or designated volunteer documents medication administration on a Medication Administration Form meeting the requirements of §G of this regulation;
(12)
A staff member or designated volunteer documents the final disposition of the medication on a Medication Final Disposition Form meeting the requirements of §H of this regulation;
(13)
Except as allowed in §A(14) of this regulation, within 2 weeks after the end of the camping session or when the medication is discontinued, medication is:
(a)
Returned to:
(i)
The parent;
(ii)
The guardian; or
(iii)
An individual designated by the parent or guardian who has authorization to pick-up the camper and the medication; or
(b)
Destroyed; and
(14)
If authorized by the parent or guardian, a camper may take their medication with them at the end of the camping session.
B.
Staff Administration — Routine Medication. Except as allowed in §E of this regulation, an operator shall ensure that a routine medication, other than insulin, is administered by:
(1)
A licensed or certified professional:
(a)
Who is authorized to practice in Maryland; and
(b)
Whose scope of practice includes medication administration; or
(2)
An adult staff member or a volunteer who:
(a)
Is designated by the operator; and
(b)
On an annual basis successfully completes a training course approved annually by the Department.
C.
Staff Administration — Insulin. Except as allowed in §E of this regulation, an operator shall ensure that insulin is administered by a licensed or certified professional:
(1)
Who is authorized to practice in Maryland; and
(2)
Whose scope of practice includes medication administration.
D.
Staff Administration — Emergency Medication.
(1)
Except as allowed in Regulation .15 of this chapter, an operator shall ensure that:
(a)
Emergency medication is:
(i)
Carried by the camper needing the medication if authorized according to §E(2) of this regulation;
(ii)
Carried by an adult staff member or volunteer directly supervising the camper; or
(iii)
Stored at a designated easily accessible location; and
(b)
Emergency medication is administered by:
(i)
The camper so long as the camper is capable and authorized to self-administer according to §E of this regulation;
(ii)
An adult staff member or volunteer meeting the requirements of §B of this regulation; or
(iii)
An adult staff member or volunteer trained by a health supervisor.
(2)
An operator may allow a camper to self-carry an emergency medication if both the parent or guardian and a licensed or authorized prescriber have provided written consent for the camper to self-carry the emergency medication.
E.
Self-Administration. An operator may allow a camper to self-administer medication, including insulin, if:
(1)
Both the parent or guardian and a licensed or authorized prescriber have provided written consent for the camper to self-administer the medication;
(2)
The health supervisor has designated an adult staff member or volunteer to supervise the camper while the camper is self-administering medication; and
(3)
The designated adult staff member or volunteer supervises the camper while the camper is self-administering medication.
F.
Medication Administration Authorization Form. A Medication Administration Authorization Form shall include:
(1)
The written prescriptive order for the medication that includes:
(a)
The child’s name;
(b)
The child’s date of birth;
(c)
The condition for which the medication is being administered;
(d)
Whether or not the medication is an emergency medication;
(e)
The name of the medication;
(f)
The dose of the medication;
(g)
The route of administration for the medication;
(h)
The time or frequency of administration for the medication;
(i)
If PRN, the frequency and for what symptoms the medication should be administered;
(j)
The known side effects of the medication specific to the camper;
(k)
The date medication administration shall begin;
(l)
The date medication administration shall end, not to exceed 1 year from the beginning date;
(m)
The authorized prescriber’s name;
(n)
The authorized prescriber’s title;
(o)
The authorized prescriber’s telephone number;
(p)
The authorized prescriber’s fax number;
(q)
The authorized prescriber’s address;
(r)
The authorized prescriber’s signature; and
(s)
The date the form is signed by the authorized prescriber;
(2)
The following statement: “I request the authorized youth camp operator, staff member or volunteer to administer the medication or to supervise the camper in self-administration as prescribed by the above authorized prescriber. I certify that I have legal authority to consent to medical treatment for the child named above, including the administration of medication at the facility. I understand that at the end of the authorized period an authorized individual must pick up the medication; otherwise, it will be discarded. I authorize camp personnel and the authorized prescriber indicated on this form to communicate in compliance with HIPAA”;
(3)
The parent’s or guardian’s signature;
(4)
The date the parent or guardian signed the form;
(5)
The parent’s or guardian’s primary phone number;
(6)
The parent’s or guardian’s alternative phone number;
(7)
If a camp allows a camper to self-administer medication, authorization to self-administer medication that includes:
(a)
The following statement: “I authorize self-administration of the above listed medication for the child named above under the supervision of the youth camp operator, a designated staff member or volunteer”;
(b)
The signature of the authorized prescriber and the date the form is signed under the statement in §F(7)(a) of this regulation; and
(c)
The signature of the parent or guardian and the date the form is signed under the statement in §F(7)(a) of this regulation; and
(8)
If a camp allows a camper to self-carry emergency medication, authorization to self-carry emergency medication that includes whether the:
(a)
Authorized prescriber gives permission for the child to self-carry emergency medication; and
(b)
Parent or guardian gives permission for the child to self-carry emergency medication.
G.
Medication Administration Form. A Medication Administration Form shall include the:
(1)
Child’s name;
(2)
Child’s date of birth;
(3)
Name of the medication;
(4)
Dose of the medication;
(5)
Route of administration for the medication;
(6)
Time or frequency of administration for the medication;
(7)
Amount of medication administered;
(8)
Date and time of administration; and
(9)
Name of the individual who:
(a)
Administered the medication to the child; or
(b)
Supervised self-administration if the child self-administered the medication.
H.
Medication Final Disposition Form. A Medication Final Disposition Form shall include:
(1)
The child’s name;
(2)
The child’s date of birth;
(3)
The name of the medication;
(4)
The final disposition of the medication;
(5)
Documentation that the medication is returned to the parent or guardian, or authorized individual, including the:
(a)
Name of the individual to whom the medication was returned; and
(b)
Signature of the staff member or volunteer who returned the medication; and
(6)
A section for documenting that the medication was destroyed that includes the:
(a)
Signature of the individual responsible for destroying the medication;
(b)
Signature of the individual witnessing the destruction of the medication; and
(c)
Dates each individual signed the form.
I.
Standing Orders. When standing orders from a licensed or certified professional authorized to prescribe medication are used in place of the Medication Administration Authorization Form required in §A(1) of this regulation, an operator shall ensure that:
(1)
Written permission is obtained from the child’s parent or guardian to administer the medication; and
(2)
The medication is administered by a staff member or volunteer who meets the requirements in §B of this regulation.
J.
Medications at Primitive Camps. Except for emergency medication that the camper is authorized to self-carry according to §E(2) of this regulation, in a primitive camp as defined in COMAR 10.16.06.02, medication is kept inaccessible to the camper.
K.
Staff Member or Volunteer Medication.
(1)
An operator shall:
(a)
Provide a means to secure medication for a staff member or volunteer when a medication is brought to camp; and
(b)
Ensure that all staff member or volunteer medications are maintained in a secure manner at all times.
(2)
Except when a staff member or volunteer is self-administering a medication, an operator shall:
(a)
Ensure that a staff member or volunteer:
(i)
Provides written authorization on a Medication Administration Authorization Form meeting the requirements of §F of this regulation for each medication brought to camp; and
(ii)
Who is an adult, signs the Medication Administration Authorization Form in lieu of a parent or guardian; and
(b)
For a staff member or volunteer taking medication, have on file for each medication:
(i)
A Medication Administration Authorization Form;
(ii)
A Medication Administration Form; and
(iii)
A Medication Final Disposition Form.
L.
Form Retention. An operator shall retain for 3 years and make available to the Department the completed:
(1)
Medication Administration Authorization Form;
(2)
Medication Administration Form;
(3)
Medication Final Disposition Form; and
(4)
Record of successful training for each staff member or volunteer who is trained to administer medication under §B(2) of this regulation.
Regulation .15 Emergency Epinephrine.LinkCopy Citation
A.
An individual may apply, on a form prescribed by the Department, for a certificate for emergency epinephrine, which shall be valid for up to 1 year if the applicant:
(1)
Is an operator of a youth camp;
(2)
Is at least 18 years old; and
(3)
Has successfully completed, at the applicant’s expense, an emergency epinephrine educational training program approved by the Department.
B.
The applicant shall submit to the Department with the form required in §A of this regulation a written policy that includes:
(1)
Designation of agents;
(2)
The name of the approved emergency epinephrine educational training program; and
(3)
Procedures to:
(a)
Store emergency use epinephrine;
(b)
Notify a parent or guardian that emergency use epinephrine is available at camp;
(c)
Maintain the emergency use epinephrine in a secure manner;
(d)
Report use of emergency use epinephrine according to Regulation .06 of this chapter;
(e)
Train an emergency epinephrine certificate holder and agent annually; and
(f)
Maintain documentation of an emergency epinephrine certificate holder and agent training for 3 years.
C.
A provider of an emergency epinephrine educational training program may apply to the Department to have the training program recognized as approved for 5 years by submitting:
(1)
An application form prescribed by the Department;
(2)
A copy of all training program materials, including but not limited to handouts, presentations, and exams; and
(3)
The following credentials of the instructor:
(a)
Name;
(b)
License type as required in §E of this regulation; and
(c)
License number.
D.
An emergency epinephrine educational training program shall include:
(1)
The signs and symptoms of anaphylaxis;
(2)
Use of an emergency use epinephrine pen;
(3)
Follow-up procedures with a parent or guardian after an emergency use epinephrine is administered;
(4)
A skills demonstration; and
(5)
A written examination.
E.
An individual teaching an emergency epinephrine educational training program shall be licensed as a physician, a registered nurse, or a certified nurse practitioner.
F.
The Department shall:
(1)
Issue a certificate for emergency epinephrine to an applicant who meets the requirements in §§A and B of this regulation;
(2)
Deny, revoke or suspend a certificate for emergency epinephrine from an applicant who does not meet the requirements in §§A and B of this regulation;
(3)
Approve an emergency epinephrine educational training program if the training program meets the requirements of §C of this regulation;
(4)
Disapprove an emergency epinephrine educational training program if the training program does not meet the requirement of §C of this regulation; and
(5)
On or before January 31 of each year, publish a report summarizing the information obtained from the Reportable Incident Report Forms submitted to the Department related to the use of emergency use epinephrine at youth camps.
G.
A physician licensed to practice medicine in the State may prescribe emergency use epinephrine in the name of a certificate for emergency epinephrine holder.
H.
A pharmacist licensed to practice pharmacy in the State or a physician may dispense emergency use epinephrine under a prescription issued to a certificate for emergency epinephrine holder.
I.
A certificate for emergency epinephrine holder may:
(1)
On presentment of a certificate for emergency epinephrine, receive from any physician licensed to practice medicine in the State a prescription for auto-injectable epinephrine; and
(2)
Possess and store prescribed auto-injectable epinephrine.
J.
In an emergency situation when physician or emergency medical services are not immediately available, a certificate for emergency epinephrine holder or agent may administer emergency use epinephrine to an individual who is experiencing or believed in good faith by the certificate for emergency epinephrine holder or agent to be experiencing anaphylaxis.
Regulation .16 Appeal Rights.LinkCopy Citation
A.
Except as otherwise provided in the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, or in this regulation, before the Department takes any final action to deny, suspend, or revoke a certificate for emergency epinephrine the Department shall give the person against whom the action is contemplated an opportunity for a hearing.
B.
The Department shall give the applicant for a certificate for emergency epinephrine:
(1)
Written notice of the denial, suspension, or revocation of the certificate for emergency epinephrine;
(2)
The reasons for the denial, suspension, or revocation; and
(3)
In accordance with §A of this regulation, an opportunity for a hearing.
C.
A person shall request a hearing, if a hearing is desired, by submitting to the Department a written request for a hearing.
D.
To preserve the right to a hearing, a person shall submit the written request within 10 calendar days of the receipt of the denial, suspension, or revocation notice.