This chapter does not apply to: Purely social activities of a family or the guests of a family; 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: Schools; Playgrounds; Parks; or Recreation centers; 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: Schools; Playgrounds; Parks; or Recreation centers; or Youth overnight programs sponsored by religious or community organizations operating or conducted for not more than 5 consecutive days during any 1 calendar year, such as a: Vacation bible school; Youth bike trip; or Activity similar to §D(1) or (2) of this regulation. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: The unit or the Maryland-National Capital Park and Planning Commission comply with Regulation .03 of this chapter; or The State agency comply with Regulation .04 of this chapter. “Adult” means an individual 18 years old or older or an individual 17 years old who has graduated from high school. Adventure Camp. “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. “Adventure camp” includes, but is not limited to: Bicycling; In-line skating; Piloting an airplane; A ropes course activity requiring belay or spotting; Skateboarding; Skydiving; Snowboarding; or A similar activity or program. “Adventure camp” does not include a sport activity or program, such as: Baseball; Basketball; Field hockey; Football; Lacrosse; Soccer; Softball; Volleyball; or A similar sport activity or program. “Alternative accreditation” means a national camping standard that: Is acceptable to the Secretary as providing adequate health and safety protection for the campers; Includes an annual monitoring process to verify compliance with the standard; and Complies with Regulation .19 of this chapter. “Assistant counselor” means an individual who is 16 years old or older or an individual who has successfully completed the tenth grade. “Camp” means a youth camp. Camper. “Camper” means an individual younger than 18 years old who is attending a youth camp. “Camper” does not include a child younger than 3-1/2 years old. “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. “Community organization” means a local community association or club that: Does not operate for profit; and Sponsors an activity or program for members of the association or club. “Counselor” means an individual who: Has a supervisory role with campers; and Is 18 years old or older or a high school graduate. “Critical violation” means failure to comply with: Regulation .07 of this chapter; Regulation .10 of this chapter; Regulation .21 of this chapter; COMAR 10.16.07.03A(1) and (2); A majority of the required procedures in COMAR 10.16.07.03A(4) and (5); COMAR 10.16.07.04; COMAR 10.16.07.08A—C; A majority of the required procedures in Regulation .34A of this chapter; A majority of the required procedures in Regulation .35B of this chapter; Regulation .46A(1) and (2) of this chapter; Regulation .47C and F(6)—(9) of this chapter; Regulation .48D(1) of this chapter; Regulation .49C of this chapter; Regulation .50B of this chapter; Regulation .51B of this chapter; Regulation .52A(1) and B(1) of this chapter; A majority of the required procedures in Regulation .52A(2)—(5) of this chapter; Regulation .53A(1) and (2) of this chapter; or Regulation .54 of this chapter. “Day” means all or part of a 24-hour period beginning at 12 a.m. “Day camp” means a youth camp that: Is operated for all or part of the day but less than 24 hours a day; Is conducted for at least 7 calendar days during a 3-week period; and Provides three or more recreational activities or any one specialized activity or program. “Department” means the Maryland Department of Health. “Director” means an individual or the individual's designee who in either case: Is 21 years old or older; Possesses at least 24 weeks of previous experience in a camping or children's program as an administrator or a supervisor; and Holds the primary overall responsibility of the administration of camp program operations and support services. “Formal instructor training” means an established program for a specialized activity that: Includes an organized curriculum focusing on instruction technique, safety, supervision, and equipment management in the activity offered; Requires demonstration of the individual's instruction techniques; and Evaluates the individual's knowledge and skill in instruction techniques. “Good standing” means: Compliance with the: Annual report and self-assessment submission requirements as specified in Regulation .06 of this chapter; and Application procedure and fee requirements as specified in Regulation .08 of this chapter; and A camp that in the previous calendar year paid the application fee as set forth in COMAR 10.01.17.02; and Had no critical violations of this chapter found by the Department during an inspection: In the last 2 calendar years; or For a camp in good standing, in the last calendar year that an inspection took place. “High ropes” means an adventure camp course activity where the potential drop to the ground for the camper exceeds 3 feet. Instructor. 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: An instructor's certificate from a national organization; or A letter of reference from a national organization, school authority, or certified instructor trainer. 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: A college course in teaching the activity conducted; A letter of reference from a school authority, certified instructor trainer, or regional authority; A State-certified public or nonpublic school teacher who has 6 weeks of experience supervising or teaching the activity; or Proof of satisfactory completion of formal instructor training. “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. Occasional Use. “Occasional use” means periodic involvement in a program where there is no expectation of regular attendance. “Occasional use” includes allowing a participant to come to and leave the program at will. “Operate” means to supervise, control, conduct, or manage a youth camp as: An owner; An agent of the owner; A lessee of the owner; A director; or An independent contractor. “Operator” means a person who owns, supervises, controls, conducts, or manages a youth camp. “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity. “Personnel administrator” means an adult who is 21 years old or older and: Has completed a: National and State criminal history records check through the Maryland Department of Public Safety and Correctional Services using the Department’s authorization number; and Child Protective Services background clearance using the Department’s contact information; and Who the Department has determined is eligible to serve according to Regulation .21D—H of this chapter. “Potentially hazardous food” has the meaning stated in COMAR 10.15.03. “Primarily recreational activities” means that 50 percent or more of a camper's time at camp is spent in recreational activities. “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. Recreational Activity. “Recreational activity” means a pleasurable, interesting, and entertaining activity. “Recreational activity” includes, but is not limited to: Structured or unstructured play; A nature walk; A field trip; A sports activity; A game; A hobby; Music; Drama; Dance; Art; A craft; Except if for credit and taught by a certified teacher, a subject matter enrichment program; A specialized activity; or Instruction or skill development in an activity listed in §B(29)(b)(i)—(xiii) and (30) of this regulation. “Residential camp” means a youth camp operating at a facility or campsite at which a camper either lives apart or intends to live apart from the camper's relatives, parents, or legal guardians for at least 5 consecutive days. Routine Activity. “Routine activity” means any type of activity other than a specialized activity that is conducted for children by a youth camp. “Routine activity” includes: Except for a specialized activity, a recreational activity listed in §B of this regulation; Eating; Sleeping; Napping; Playing; Watching a movie or television; or Similar activity. “Secretary” means the Secretary of Health or the Secretary's designee. Sensitive Position. “Sensitive position” means a job, role, or function at a youth camp that allows access to a camper; “Sensitive position” includes, but is not limited to an: Employee; Volunteer; Owner; or Operator. “Specialized activity” means: An adventure camp activity or program; An aquatic program; Archery; Artistic gymnastics; Firearms control; Hang gliding; High ropes; Horseback riding; Motorized vehicle activities; Rappelling; Riflery; Road cycling; Rock climbing; Skiing; and Spelunking. “Substantial outdoor recreational component” means that 25 percent or more of a camper's time at camp is spent in outside recreational activities. “Travel camp” means a residential camp that: Operates for at least 5 consecutive days; and Provides for campers to use motorized transportation to move as a group to a site or among sites for experiences in different environments. “Trip camp” means a residential camp: That operates for at least 5 consecutive days; and In which a group of campers moves from one site to another under their own power or by transportation that permits individual guidance of a vehicle or animal. “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. “Water safety rescuer” means an individual who is certified by a national organization and the certification substantiates that the individual: Is proficient and knowledgeable in water rescue techniques and safety procedures appropriate to the activity offered; and Demonstrates appropriate skills for safe water rescue. Youth Camp. “Youth camp” means a day camp, residential camp, travel camp, or trip camp that: During a calendar year, accommodates seven or more campers who are unrelated to the youth camp operator; Provides primarily recreational activities or has a substantial outdoor recreational component; Has permanent buildings, temporary buildings, or no buildings; and Operates on owned private property, owned private facilities, leased private property, leased private facilities, public property, or public facilities. “Youth camp” includes a program that operates: At a camp premises before, after, or before and after the camp program; and Before, after, or before and after a school term. “Youth camp” does not include: A child care center as defined by COMAR 13A.16.01; A child care program as defined by COMAR 13A.17.01; A family child care home as defined by COMAR 13A.15.01; A program that operates before, after, or before and after a public or nonpublic school's daily session; 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; An instructional program in a specialized activity operated for 2 hours or less daily; A competitive activity sponsored by a sports league or the United States Pony Clubs, Inc.; 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; A day care or child care program that has as its primary purpose the custodial care of children; A program that enrolls a child younger than 3-1/2 years old; or 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. “Youth Camp Safety Advisory Council” means an 11 member body that: Advises and assists the Department in developing regulations for camps; and Reports annually to the Secretary on: The number of youth camps; The number of camps in each county; The number of campers; and Any other pertinent information. Subject to the provisions of §B of this regulation, each unit of local government shall: Adopt health and safety standards pertaining to the operation of youth camps; and 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. 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: Applicable health and safety standards of the local jurisdiction in which the program or activity is located; and Any State law the enforcement of which has been delegated to local government. 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. 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. The Department shall: Conduct inspections of: 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 Any program or activity about which a complaint has been filed; and 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. 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: The actual camper days, that is, the sum total of the actual number of campers who attended camp each day during a camp season; The number of injuries and illnesses that required an operator to submit a report to the Department under COMAR 10.16.07.06; and Other pertinent information requested by the Department. 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: Complete a self-assessment on a form prescribed by the Department by the end of the first week of camp operation each year; and Submit the same form to the Department within 4 weeks of the end of the camp. 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: Operate the youth camp during the period specified on the certificate or letter of compliance; and Provide a specialized activity at a specific location. An operator may not: 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; 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; Provide a specialized activity that is not specified on the certificate, the letter of compliance, or an amendment letter from the Department; and Provide a specialized activity at a location that is not approved by the Department. A certificate or letter of compliance may not be transferred from: One person to another person; One location to another location; or One youth camp to another youth camp. 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: 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; 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 Submit documentation that verifies compliance with or capability of compliance with: Construction or alteration of a camp facility as specified in Regulation .20 of this chapter; Personnel administrator’s criminal background investigation as specified in Regulation .21A of this chapter; Health and medication requirements as specified in Regulation .22 of this chapter; Emergency procedures as specified in Regulation .34A of this chapter; Child abuse prevention and reporting procedures as specified in Regulation .35B of this chapter; Water supply as specified in Regulation .36B(1) — (2), C, or D of this chapter; Sewage disposal as specified in Regulation .37A(1) — (2), B, C, or D of this chapter; Bathing and hand washing as specified in Regulation .39B of this chapter; Food service as specified in Regulation.42A(1) or B of this chapter; Fire and electrical code safety as specified in Regulation .46A or B of this chapter; Aquatic programs as specified in Regulation .47A, C, and F(7) — (9) of this chapter; Marksmanship as specified in Regulation .48E of this chapter; Archery as specified in Regulation .49D of this chapter; Horseback riding as specified in Regulation .50C of this chapter; and Specialized activities, trips, transportation, and supervision as specified in Regulations .51 — .54 of this chapter. 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: 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; 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; 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 When a camp changes location, submit documentation that verifies compliance with: Construction or alteration of a camp facility as specified in Regulation .20 of this chapter; Water supply as specified in Regulation .36B(1) — (2), C, or D of this chapter; Sewage disposal as specified in Regulation .37A(1) — (2), B, C, or D of this chapter; Food service as specified in Regulation .42 of this chapter; and Fire and electrical code safety as specified in Regulation .46A or B of this chapter. 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: An operator of multiple camps at separate sites shall apply for a separate certificate and pay a separate fee for each camp site; and When multiple operators of camps are using the same site, each operator shall: Apply for a separate certificate; and Pay a separate fee. 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. When a camp is accredited in accordance with Regulation .19 of this chapter: The operator shall apply for a certificate on a form prescribed by the Department; and The Department may not charge the operator a fee. 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: Submit the completed application on the prescribed form; Except as provided in §E of this regulation, pay the required fee; and Submit the required compliance documentation. 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: Submit the completed renewal application on the prescribed form; Except as provided in §E of this regulation, pay the required fee; Pay any fee owed in accordance with §H of this regulation; and Submit the required compliance documentation. Payment of Fee Difference Owed. The Department shall: 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 Notify a camp operator of any fee owed to the Department. Within 2 weeks following receipt of the notice from the Department, the camp operator shall pay the fee owed to the Department. The Department shall: Monitor a youth camp for compliance with this chapter; and Inspect the camp at least every fourth year or as necessary for the enforcement of this chapter. Right to Inspect. 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. A person may not deny or interfere with the Department's entry into a youth camp under this chapter. 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. Report of Inspection. During a camp inspection, the Department shall: Record the inspection results on an inspection form prescribed by the Department; Identify on the inspection form the conditions found that violate the provisions of this chapter; Notify the camp operator on the inspection form to correct violations by a specific date; and Provide one copy of the inspection report to the camp director. 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. An operator shall correct a violation: Immediately, if it creates an imminent and substantial danger to a camper; and Within the period of time specified by the Department. The Department may modify a specified time limit of correction when a written schedule of compliance submitted by the camp operator assures that: The correction will be made within a mutually agreeable amount of time; and No imminent and substantial danger to a camper exists without the correction. An operator may apply, in writing, to the Department for a variance of a requirement under this chapter, specifying: The affected regulation; The reason for the request; The name and address of the applicant; The name and location of the camp; and That the requirement is met by an alternative that complies with the intent of the regulation. The Department may grant a variance of a requirement of this chapter if the: Operator applies for a variance of a requirement in accordance with §A of this regulation; and Campers' health, safety, and well-being are not compromised if the variance is granted. The Department shall: Grant a variance for a specific time period; and Specify the terms of the variance. 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. Certificate or Letter of Compliance. 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. 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: 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 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. Acceptance Letter for a Unit of Local Government or State Agency. The Department shall issue an acceptance letter to: A unit of local government or the Maryland-National Capital Park and Planning Commission that complies with Regulation .03 of this chapter; or An agency of the State that complies with Regulation .04 of this chapter. An operator shall: Post a certificate, letter of compliance, or acceptance letter in a conspicuous place on the premises; or For a primitive, travel, or trip camp, have the certificate, letter of compliance, or acceptance letter available upon request. 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: Fails to: Correct a violation within the specified time period; Comply with an approved written schedule of compliance; Correct immediately a violation that the Department has indicated is an imminent and substantial danger to a camper; Correct an outstanding violation from a previous certification or letter of compliance period; File an annual report in accordance with Regulation .06 of this chapter; Pay a fee owed as set forth in Regulation .08H of this chapter; or If applicable, file a self-assessment in accordance with Regulation .06 of this chapter; Fraudulently or deceptively obtains or attempts to obtain a certificate or letter of compliance; Fraudulently or deceptively uses a certificate or letter of compliance; Violates a provision of the Maryland Youth Camp Act, Health-General Article, §§14-401 — 14-411, Annotated Code of Maryland; or Violates a provision of this chapter. 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: Regulation .08 of this chapter; Regulation .20 of this chapter; Regulation .21A(2) of this chapter; Regulation .22 of this chapter; Regulation .34 of this chapter; Regulation .35 of this chapter; Regulation .36A and B(1) — (2), C, or D of this chapter; Regulation .37A(1) — (2), B, C, or D of this chapter; Regulation .39A(2) — (4) and (8)(c) and B of this chapter; Regulation .42 of this chapter; Regulation .46A or B of this chapter; and Regulations .47 — .54 of this chapter. 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. The Department shall give the camp operator: Written notice of the denial of the certificate or letter of compliance; The reasons for the denial; and In accordance with Regulation .17 of this chapter, an opportunity for a hearing. The Department may suspend or revoke a certificate or letter of compliance if the camp operator: Fails to correct any violation within the specified time period; Fails to comply with an approved written schedule of compliance; Fraudulently or deceptively obtains or attempts to obtain a certificate or letter of compliance; Fraudulently or deceptively uses a certificate or letter of compliance; Violates any provision of the Maryland Youth Camp Act, Health-General Article, §§14-401 — 14-411, Annotated Code of Maryland; Violates any provision of this chapter; or Fails to correct a situation that threatens the health, safety, or welfare of a camper at the camp. 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: Regulation .20 of this chapter; Regulation .21 of this chapter; Regulation .22 of this chapter; Regulation .34 of this chapter; Regulation .35 of this chapter; Regulation .36A and B(1) — (2), C, or D of this chapter; Regulation .37A(1) — (2), B, C, or D of this chapter; Regulation .39A(2) — (4) and (8)(c) and B of this chapter; Regulation .42 of this chapter; Regulation .46 of this chapter; and Regulations .47 — .54 of this chapter. 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. The Department shall give the camp operator: Written notice of the suspension or revocation of the certificate or letter of compliance; The reasons for the suspension or revocation; and In accordance with Regulation .17 of this chapter, an opportunity for a hearing. 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. 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. 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. A person shall request a hearing, if a hearing is desired, by submitting to the Department a written request for a hearing. 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. A person whose certificate or letter of compliance is suspended: Shall cease operation; and May not resume operation until: An inspection shows that the condition or conditions responsible for the suspension or order no longer exist; and The Department reinstates the certificate or letter of compliance. A person whose application for a certificate or letter of compliance is denied: May not start operation; or Shall cease operation and may not start or resume operation until: A new application is submitted in accordance with Regulation .08 of this chapter; An inspection shows that the condition or conditions responsible for the denial or revocation no longer exist; and The Department issues a certificate or letter of compliance. 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: Taking and keeping physical possession of the certificate or letter of compliance until the certificate or letter of compliance is reinstated; 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 Taking another measure within the law that will adequately ensure that the youth camp does not operate. 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. Alternative Accreditation Organization. A person seeking the Department's approval for alternative accreditation shall: Apply to the Department for approval of the alternative accreditation; and Submit to the Department documentation that verifies that the accreditation organization: Maintains accreditation standards that provide the same level of health and safety protection for the campers as required by this chapter; Monitors for and ascertains complete compliance with its standards annually; Periodically assesses the reliability of the monitoring process; Records the results of the monitoring visit on a defined form; Identifies conditions that could adversely affect the health or safety of the campers; Notifies the camp operator to correct deficiencies by a specific date; Provides one copy of the monitoring report to the person in charge of the youth camp; and Provides the accreditation organization the original monitoring report and the Department a copy of the monitoring report. 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: By telephone within 24 hours; and In writing within 3 calendar days. The Department: Shall review the alternate accreditation proposal submitted by the camping organization within 60 calendar days from receipt of the documentation; Shall accept alternative accreditation as fulfilling the requirements of this chapter when the alternative accreditation: Complies with §A of this regulation; and Is approved by the Department; May suspend, deny, or revoke approval for the alternative accreditation when the accreditation organization fails to comply with §A of this regulation; Shall give the person whose alternative accreditation is suspended, denied, or revoked: Written notice of the suspension, denial, or revocation of approval for the alternative accreditation; The reasons for the suspension, denial, or revocation; and An opportunity for a hearing in accordance with Regulation .17 of this chapter; May inspect a camp that is accredited by an accreditation organization approved by the Department, according to Regulation .09 of this chapter; May investigate a complaint received about the camp; May deny, suspend, or revoke the accredited youth camp's certificate or letter of compliance; and May issue an order to abate a violation or an order to cease operation. The camp operator shall: Submit: An application as required in Regulation .08 of this chapter; and With the application, documentation of the camp's current accreditation from the accreditation organization that is approved by the Department; Obtain a youth camp certificate or letter of compliance issued by the Department as required in Regulation .07 of this chapter; 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: By telephone within 24 hours; and In writing within 3 calendar days; Close a camp: Whose accreditation from an accreditation organization approved by the Department is suspended, revoked, or discontinued; and Whose certificate or letter of compliance from the Department is denied, suspended, or revoked; and If the operator wishes to reopen the camp, apply for and obtain a certificate or letter of compliance in accordance with this chapter. 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: Constructing, remodeling, or enlarging a youth camp; Converting a property for use as a youth camp; or Reducing or eliminating facilities at a youth camp. An operator shall ensure that: The alterations comply with the requirements of this chapter; and Applicable local approvals required under law, regulation, and local ordinance are obtained before using the premises as a youth camp, including local: Zoning approval; Building approval; Fire safety approval; Electrical approval; Plumbing approval; and Health department approval. The Department shall inspect the youth camp upon completion of the work for the purpose of monitoring compliance with this chapter. An operator shall: Ensure that a person serving as a personnel administrator has applied for: A national and State criminal history records check through the Department pursuant to Health General Article, §14-403.1, Annotated Code of Maryland; and A background clearance request from Child Protective Services; Have on file and available for inspection for any person in a sensitive position: 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 Documentation of a response from Child Protective Services indicating the status of the background clearance. Ensure that before the camp operates, the Department has on file for the personnel administrator a: Completed national and State criminal history records check through the Maryland Department of Public Safety and Correctional Services; and Response from Child Protective Services indicating the status of the background clearance; and Notify the Department, in writing within 10 calendar days, if the personnel administrator changes. Upon notification that an individual may not serve as the personnel administrator, an operator: Shall terminate the individual from employment or remove from consideration for employment, as applicable; and Unless the individual appeals the decision to the Office of Administrative Hearings and the appeal is concluded in favor of the individual, may not: Reconsider the individual for serving as a personnel administrator; Allow the individual to hold a sensitive position; or 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. The personnel administrator shall: Ensure that, for an individual in a sensitive position at a camp 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; 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; Determine if the individual may hold a sensitive position at camp according to §§F and G of this regulation; and Upon determining that an individual may not hold a sensitive position at camp: Terminate the individual from the sensitive position; Not consider the individual for any sensitive position at camp or as a personnel administrator; and 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. The Department shall: Determine if the individual may serve as the personnel administrator at camp according to §§F and G of this regulation; and Notify the individual, camp owner, and camp operator in writing about the: Departments decision that the individual may not serve as the personnel administrator; Basis for that decision; Individual’s right to request reassessment pursuant to §H of this regulation; Individual’s right to appeal the decision regarding reassessment to the Department; Specific requirements for submitting an appeal to the Department; and 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. The Department shall: Determine if an individual may serve in any sensitive position according to §§F and G of this regulation; and Notify the individual and personnel administrator in writing within three business days about the: Department’s decision whether the individual may serve in a sensitive position; Basis for that decision; Individual’s rights to request the reassessment pursuant to §G of this regulation; Individual’s right to appeal the Department’s decision regarding reassessment; and Specific requirements for submitting an appeal in accordance with Title 10 of the State Government Article. 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: A crime involving: A child; Cruelty to animals; Domestic violence; or A weapon or firearm violation of federal or State laws; A sex offense; A violent crime classified as a felony; Abduction or kidnapping; Abuse of a child or an adult; Confinement of an unattended child; Manufacturing, distributing, or dispensing a controlled dangerous substance; Perjury; Pornography; Possession with intent to manufacture, distribute, or dispense a controlled dangerous substance; or Reckless endangerment. 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: Shall assess, on the basis of the following factors, the individual's suitability for a sensitive position or serving as personnel administrator at camp: The position at the camp for which the individual is applying or position which the individual currently holds; The nature and seriousness of the incident, crime, or offense; The period of time that has elapsed since the incident, crime, or offense occurred; The age of the individual at the time the incident, crime, or offense occurred; The individual's probation or parole status, if applicable; and Any other information the camp considers pertinent; and Depending on the results of the assessment, shall permit or prohibit the individual from serving in a sensitive position or as a personnel administrator. Request for Reassessment. 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. For a reassessment request to be eligible for consideration: 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 The individual may not have submitted a reassessment request, whether for the same or a different position, within the previous 12 months. 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. Upon reaching a decision on the request, the Department shall notify the individual, personnel administrator, owner, and director of that decision. 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. An operator shall ensure that a camp complies with COMAR 10.16.07. An operator shall prepare and implement a written emergency plan that includes procedures for the camp staff members to: Ensure camper safety during natural disasters, severe weather, and other emergencies; Evacuate campers from the camp; Account for campers and locate a missing camper; Use fire, rescue, police, and 911 services; Ensure emergency transportation; Notify the camper's parent or guardian; Ensure camper safety until the camper's parent, guardian, or parent's or guardian's designee picks up the camper; Monitor for adverse weather conditions; and Meet the requirements of §B(4) — (7) of this regulation. An operator shall ensure that: Not more than 30 calendar days before working at the camp, each staff member or volunteer: Is trained in the emergency plan; Demonstrates knowledge of emergency procedures; and Is provided with the opportunity to discuss the procedures and have any questions answered by a supervisor; Documentation is kept on file that each staff member or volunteer received the training required in §B(1) of this regulation; A staff member or volunteer conducts emergency procedures according to the emergency plan; A telephone or alternate means of communication is provided to: Summon emergency fire and rescue services; and Receive emergency communications; A drill in the emergency procedures is conducted early in each session and a written record is maintained of the drill; At least one adult staff member and one counselor or assistant counselor are present so that in the event of an emergency: One staff member remains with an injured camper; and The other summons emergency assistance immediately; and During severe weather, adequate shelter is provided for the campers and camp staff members. An operator shall ensure that: Child abuse allegations or incidents are reported as prescribed in Family Law Article, §§5-704 and 5-705, Annotated Code of Maryland; A written child abuse prevention and reporting program is prepared and implemented at the camp that includes procedures for: Educating staff members and volunteers; Reporting child abuse both internally and externally; Screening staff members and volunteers prior to working at camp; Reinforcing the camp’s policies and procedures during camp operation; Evaluating the facilities and grounds; Supervising campers; Educating on appropriate touching; Responding to inappropriate behaviors by staff, volunteers, parents, and campers; Communicating with staff members, volunteers, parents, the Department, and the media; Supporting an alleged victim; and Interacting with an alleged perpetrator; Not more than 30 calendar days before working at the camp, each staff member or volunteer: Is trained in the child abuse prevention and reporting program required in §B of this regulation; Demonstrates knowledge of the child abuse prevention and reporting procedures; and Is provided with the opportunity to discuss the procedures and have any questions answered by a supervisor; and Documentation is kept on file that each staff member or volunteer received the training required in §C of this regulation. An operator shall ensure that the camp's water supply is: Adequate; Easily accessible to the campers; and Of a safe and sanitary quality. Except as provided in §§C and D of this regulation, an operator shall ensure that: The camp's water supply is: From a public or individual water supply system, or connected to a community water system where available; Constructed, protected, operated, and maintained in conformance with: 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; 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 Applicable local ordinances, as evidenced by written documentation from the local approving authority; and Protected against backflow; An individual water supply system: Is capable of supplying a minimum flow and pressure to all fixtures as required by COMAR 09.20.01; and Is installed in accordance with the county master plan for water and sewerage; Pumping and disinfection equipment is housed in a structure that is inaccessible to unauthorized persons; and Hose bibs with threads are equipped with nonremovable back siphonage prevention devices. 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: Owned by the State or a local government and used by the public for more than 170 calendar days per year; or Owned and operated as a nonpublic school and used as a school for more than 170 calendar days per year. An operator shall ensure that the water supply at a primitive camp is: Filtered and disinfected; and Free from impurities in amounts sufficient to cause disease or harmful physiological effects. Except as provided in §§B, C, and D of this regulation, an operator shall ensure that: A facility for sewage disposal is maintained in good working order and is: Connected to a community sewerage system when a community system is available; or If a community sewerage system is not available, installed, operated, and maintained in compliance with COMAR 26.04.02 and local code requirements; 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: Local plumbing code requirements; and COMAR 09.20.01; and The disposal of wastewater from under taps and fountains is by a method that: Prevents stagnant water on the ground surface; and Does not contaminate the ground water. An operator shall ensure that a privy: Is constructed and maintained so that it: Is fly-proof; Is rodent-proof; and Conforms to COMAR 26.04.02 and Environment Article, §9-223(d)(1), Annotated Code of Maryland; Is maintained in good working order; Is not located closer than 100 feet to a housing unit or a facility where food is prepared or served; Has natural ventilation or a mechanically exhausted vent stack adequate to remove fumes and odors from the vault; Is treated with calcium oxide, also known as lime, to reduce odors and eliminate a fly infestation; and Is emptied: Of solid and liquid contents when the privy is filled to capacity; and In conformance with COMAR 26.04.02 and COMAR 26.04.06. 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: Owned by the State or a local government and used by the public more than 170 calendar days per year; or Owned and operated as a nonpublic school and used as a school for more than 170 calendar days per year. An operator shall ensure that a sewage disposal procedure at a primitive camp: Does not pollute the environment; Does not create a nuisance or public health hazard; and Complies with applicable federal, State, and local statutes, regulations, and ordinances. Except as provided in §C of this regulation, an operator shall ensure that: Toilet facilities are constructed, located, and maintained to prevent a: Nuisance; or Public health hazard; For residential camps, one toilet is provided for each 15 campers or fraction of 15 campers; For day camps, one toilet is provided for each 35 campers or fraction of 35 campers; If separate toilet facilities for boys and girls are in the same building, the facilities: Are separated by a solid wall from floor to roof or ceiling; and Have self-closing doors or another means that affords privacy; If separate toilet facilities are provided for boys and girls, they are distinctly marked “boys” and “girls” in: Universal symbols; or The native language of the campers expected to use the facility; Toilet tissue on a holder is furnished adjacent to a toilet; A toilet facility has adequate: Mechanical exhaust; or Natural ventilation; and A toilet facility is located within 300 feet of each housing unit. 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. Sections A and B of this regulation do not apply to a primitive camp. Except as provided in §B of this regulation, an operator shall ensure that: Hand washing facilities are located: Within 300 feet of each housing unit; and Adjacent to each toilet or privy site; Except when a camper provides the camper's own soap and towel, a hand washing unit is equipped with: Soap; and A hot air hand drier or disposable towels; For a residential camp, one hand washing unit is provided for every 25 campers or fraction of 25 campers; For a day camp, one hand washing unit is provided for every 35 campers or fraction of 35 campers; A trash container is provided in a lavatory area; For a residential camp, one showerhead is provided for every 15 campers or fraction of 15 campers; Whenever a shower is provided: Shower heads are spaced at least 30 inches apart to provide a minimum of 6 square feet of floor area per unit; A shower wall and ceiling is constructed of solid, nonabsorbent, easily cleanable materials; A shower floor is: Constructed of nonabsorbent, skid resistant, easily cleanable materials; and Sloped to properly constructed floor drains, with provisions to prevent pooling of water or overflow to adjacent floor areas; A shower partition or shower curtain is provided to prevent splash from stall-type showers; A soap storage area or nonglass soap dish is provided adjacent to a showerhead; A dry dressing space with clothes hanging facilities is provided at a shower facility; A nonabsorbent wall, extending from the floor to the ceiling or roof, separates facilities for both sexes in the same building; Facilities are plainly designated boys or girls in: Universal symbols; or The native language of the campers expected to use the facility; A shower room is provided with a door or sight barriers to afford privacy; and Hot and cold or tempered water is supplied to a shower; and Whenever hot water is supplied: The hot water temperature is maintained between 90° and 120°F; A water heater is equipped with a: Pressure and temperature relief valve; and Vacuum relief valve; and Anti-scald protection is provided on a hot water line going to a shower or bathtub. An operator shall ensure that bathing and hand washing at a primitive camp: Are sanitary and promote personal hygiene; Do not create a nuisance or public health hazard; Do not pollute the environment; and Comply with applicable federal, State, and local statutes, regulations, and ordinances. An operator shall: Except at a primitive camp, provide a bed, cot, or bunk for each individual; Ensure that each bed, cot, or bunk has a sturdy frame allowing at least 12 inches of clear space from the floor; Ensure that each individual at a primitive camp: Is provided with a sleeping bag; or Brings the individual's own sleeping bag; Provide only clean and sanitary bedding to an individual, when bedding is provided; 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; Ensure that a mattress is disinfected annually; Ensure that where double-deck bunk beds are used the: Clear space above the top of the lower bedding and below the bottom of the upper bunk is a minimum of 27 inches; and Distance from the top of the upper mattress to the ceiling is a minimum of 36 inches; and 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. When a tent or fabric shelter is used, an operator shall ensure that: The occupancy of the tent or fabric shelter does not exceed the manufacturer's recommended capacity; and The tent or fabric shelter: Is made of fire retardant material; Bears a permanent label which states conspicuously, “WARNING: NO OPEN FLAMES IN OR NEAR THIS TENT OR FABRIC SHELTER”; and Is located at least 10 feet away from a campfire or open flame. An operator shall ensure that: 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; A parent or guardian is notified in writing of the camp’s policy on storage of a lunch brought from home; and 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. Primitive Camp. An operator of a primitive camp shall ensure that: Food served is: Wholesome and safe for human consumption; Free from spoilage, filth, or other contamination; and Obtained from sources that comply with all laws relating to food and food labeling; Transportation, storage, preparation, cooking, and service procedures are implemented to: Protect food and equipment from contamination; and Maintain safe temperatures, as defined in COMAR 10.15.03; Equipment is provided to transport, store, prepare, cook, and serve food safely; A food-contact surface of equipment used to prepare, store, or serve a potentially hazardous food is cleaned and sanitized: After each use; and If the surface is contaminated; Hand washing materials are provided; A food handler maintains personal cleanliness during work, including: Washing the food handler's hands: Before starting work; After using toilet facilities; Before touching foods; and As often as required to remove soil and contamination; Keeping fingernails clean and neatly trimmed; and Keeping outer garments clean; and A food handler uses safe food handling practices during work, including: Keeping the food handler's hands clean when handling food and food-contact surfaces; Wearing a hair net, cap, or other effective hair restraint; Not smoking or using tobacco in any form; and Not working when infected with a disease that is communicable by way of food; Food storage is provided that: Has effective insulation; Maintains food at safe temperatures during storage, preparation, and transportation; Has a thermometer graduated at 2°F intervals; Maintains cold foods at or below 41°F; Maintains hot foods at or above 135°F; and Maintains frozen foods at or below 0°F; If cold food exceeds 50°F before serving, the food is discarded as garbage; and Hot food is: Thoroughly cooked to achieve a safe internal temperature as determined by the use of a metal stem thermometer; Consumed immediately after preparation; and Discarded as garbage if not consumed immediately after preparation. An operator shall ensure that: Durable containers in good condition are provided for the storage of garbage and other refuse; Garbage and trash are: Collected as often as necessary to prevent the containers from overflowing; and Disposed of by a system in accordance with State and local laws, regulations, and ordinances; and Containers used outside: Have tight-fitting lids; and Are leak-proof, fly-proof, and rodent-proof. An operator shall ensure that a facility at the camp is maintained to: Minimize the entry of insects, rodents, and other vermin into the structures or campsite; and Eliminate the harborage of insects, rodents, and other vermin. An operator shall comply with animal vaccination requirements, as set forth in: Health-General Article, §18-318, Annotated Code of Maryland; and COMAR 10.06.02. Except for the operator of a primitive camp and as provided in §B of this regulation, an operator shall ensure that: A camp is: In compliance with all fire and safety code requirements; and Approved by the State or county fire authority; Buildings within the camp are constructed and maintained in accordance with State and local fire and safety codes; and An electrical system at a camp is: Installed and maintained in compliance with local electrical codes; or 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. 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: Owned by the State or a local government and used by the public for more than 170 calendar days per year; or Owned and operated as a nonpublic school and used as a school for more than 170 calendar days per year. An operator shall ensure that a: Pesticide, toxic chemical, or hazardous material is: Properly labeled; Stored in a safe manner; Not accessible to a camper; and Used only by a camp staff member; Camp staff member is trained to use a hazardous material safely before the staff member handles a hazardous material at the camp; Material safety data sheet for a potentially hazardous chemical is available to the camp staff members; and Chemical is handled, used, stored, and disposed of according to the material safety data sheet and all applicable federal, State, and local codes. An operator shall: Ensure that a camp is maintained to eliminate or minimize a safety hazard such as: Entrapment; Entanglement; Impact with moving equipment or a moving vehicle; Impact from equipment tipover or failure; Contact with hazards such as protrusions, pinch points, sharp edges, or hot surfaces; A water fall; Poisonous snakes, insects, or plants; A natural or man-made hazard specific to the site; or Any other condition or situation that poses a risk of injury to a camper or staff member; and Provide warning signs or a barrier around a hazard that cannot be eliminated due to a natural condition at the camp. For a camp that offers an aquatic program, an operator shall ensure that: During the aquatic activity, a director is present at the camp or, when the activity occurs off the camp premises, at the activity site; A safety plan is developed and implemented: According to Regulation .52 of this chapter; and That includes procedures for: Evaluating and classifying a camper’s swimming ability and other appropriate aquatic skills before a camper participates in water activities; Assigning a camper to areas, equipment, facilities, and activities appropriate for the camper’s abilities; Maintaining water activity equipment and facilities in good working condition; A safety system to account quickly for all campers during the water activity; Supervision ratios in §C of this regulation; When natural swimming areas are used, meeting the requirements in §E(2) of this regulation; and When watercraft activities occur, meeting the requirements of §F of this regulation. Emergency and First Aid Information and Equipment. At the site of the aquatic program, an operator shall: 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 Provide first aid and rescue equipment. Swimming. An operator shall ensure that: When swimming instruction is given, an instructor is present and supervising the activity; 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; 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; Two individuals certified in first aid and CPR are on duty at the activity; 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 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; Pool and Equipment. An operator shall ensure that a swimming pool facility and equipment: Complies with the requirements of COMAR 10.17.01; and Are maintained in good condition. Natural Diving and Swimming Areas. For a youth camp that uses a natural diving or swimming area, an operator shall: Comply with the requirements of COMAR 26.08.09; and Ensure that: A hazard is assessed and eliminated or clearly marked before a camper swims, dives, or bathes at a natural diving or swimming area; A swimmer is not subjected to a dangerous condition such as a strong current, a sharp drop-off, a quicksand bottom, or rough surf; Water is free from dangerous aquatic life; The bottom is free from hazardous debris, sharp stones, and sharp shells; Swimming, diving, and boating areas are clearly marked or roped off; and Diving and swimming programs are conducted at separate times or in separate areas from boating programs. Activities Involving the Use of Watercraft. An operator shall ensure that: 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; A water skier wears a personal flotation device approved by the U.S. Coast Guard for that particular activity; A watercraft towing a water skier has an observer on board in addition to the driver; An occupant of a watercraft wears a U.S. Coast Guard approved personal flotation device; An individual using a watercraft has been given training in boarding, debarking, and safety procedures for the craft; 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; An individual holding certification in first aid and CPR is present at each watercraft activity; 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 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. Rifle Range. For a camp that offers riflery activities, an operator shall ensure that: The rifle range is located where a camper will not wander into the field of fire while engaged in other camp activities; If possible, the direction of fire is to the north to minimize a shooter being blinded by the sun; A blind approach to the field of fire is fenced, with warning signs posted; The firing line is level from one flank to the other with a minimum of 5 feet between firing points; A ready line is established 10 feet to the rear of the firing points; The rifle range is free of an object that might cause a bounce back or a ricochet; and Except when visibility extends downrange for at least 3,000 feet beyond the targets, a backstop is present that is: A hill that: Has a crest of not less than 30 feet above the level of the firing point; Is clear of brush for an area at least 100 yards up the slope from the targets or to the crest of the hill; 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; Has all rocks, glass, and metal removed from the perpendicular cut immediately behind the targets; and Has a nonremovable obstacle covered with at least 6 inches of soil and sodded or seeded to prevent a ricochet; or A wood crib that is: Filled with dry earth or sand; and At least 10 feet high, 30 inches thick, and 6 feet beyond the end of the targets. Air Gun Range. An operator shall ensure that an air gun range: Complies with all requirements of §A(1) — (6) of this regulation; and 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: Is covered with soft material to prevent a ricochet, a bounce back, or a shot from leaving the range area; 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 Is sufficient to stop or contain the pellets. For a camp that offers a riflery or an air gun activity, or both, an operator shall ensure that: A camper is instructed in safe firing range procedures before the camper participates in the activity; Red firing flags are conspicuously displayed when the range is in use; Only an individual ready to fire is on the firing line and anyone waiting to fire remains behind the ready line; An individual stays behind the firing line at all times, except when ordered by the instructor to retrieve targets; and Guns and ammunition are stored separately in a locked storage area. Riflery and Air Gun Activity Staff Members. An operator shall ensure that: 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; An instructor and at least one counselor or assistant counselor to assist are on the range at all times during a firing session; and 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. An instructor shall ensure that: The equipment is clean and in good repair; The equipment is stored safely and secured; The equipment use is controlled by means of a checkout system; Safety glasses are provided for and worn by each shooter and staff member on the firing line; and Except at an air gun activity, ear protection is provided for and worn by each shooter and staff member on the firing line. Procedures. An operator shall ensure that a safety plan is developed and implemented: According to Regulation .52 of this chapter; and That includes procedures for meeting the requirements of §§A — D of this regulation. Archery Range. For a camp that offers archery activities, an operator shall ensure that: An archery range is located where a camper will not wander into the danger area while engaged in other camp activities; An archery range is clearly marked to warn individuals away from the danger area; When possible, the shooting direction is to the north to minimize an archer being blinded by the sun; The shooting area has at least 50 yards of clearance or an archery net behind each target; and When different archer-to-target distances are required for a group that is shooting at the same time on the same field: One common shooting line is used; and The targets are set at a distance from the shooting line that is appropriate with the skill level of the camper. An operator shall ensure that: Archers fire from a common firing line with a ready line marked behind it; Only an archer ready to shoot is on the firing line and anyone waiting to shoot remains behind the ready line; An individual stays behind the firing line at all times except when ordered by the instructor to retrieve a target or an arrow; and Bows and arrows are stored in a locked enclosure. Staff Members. For a camp that offers archery activities, an operator shall ensure that: During the archery activity, a director is present at the camp or, when the activity occurs off the camp premises, the activity site; An instructor and at least one counselor or assistant counselor to assist are on the range at all times during a firing session; and 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. Procedures. An operator shall ensure that a safety plan is developed and implemented: According to Regulation .52 of this chapter; and That includes procedures for meeting the requirements of §§A — C of this regulation. For a camp that offers horseback riding, an operator shall ensure that: 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; A rider wears: Protective headgear at all times that bears the label of the American Society for Testing and Materials (ASTM) F1163; and Shoes with heels or uses closed stirrups; All horses are healthy and well cared for; and A horse riding stable meets the requirements of COMAR 15.16.01 and is maintained in good condition. Staff Members. For a camp that offers horseback riding, an operator shall ensure that: 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; An instructor is present at each: Horseback riding activity; and Trail excursion; and 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: Horseback riding activity; and Trail excursion. Procedures. An operator shall ensure that a safety plan is developed and implemented: According to Regulation .52 of this chapter; and That includes procedures for meeting the requirements of §§A and B of this regulation. 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: Firearms control; Adventure camping; Artistic gymnastics; Hang gliding; Road cycling; Skiing; Rock climbing; Spelunking; Motorized vehicle activities; Rappelling; or High ropes. 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: A director is present at the camp or, when the activity occurs off the camp premises, the activity site; An instructor is present at the specialized activity; and 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. Procedures. An operator shall ensure that a safety plan is developed and implemented: According to Regulation .52 of this chapter; and That includes procedures for meeting the requirements of §B of this regulation. 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. Safety Plan. An operator shall ensure that a written safety plan: Is prepared for each specialized activity, specialized activity location, and trip before a camper participates in a specialized activity or embarks on a trip; Defines and addresses the potential health and safety risks for each specialized activity and trip; Identifies camp staff members' qualifications and responsibilities for each specialized activity and trip; Includes operating procedures for: 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; Obtaining written authorization from a child's parent or guardian before the child participates in an activity or embarks on a trip; Participation eligibility requirements; Supervision requirements including camper to staff member ratios; Safety rules, standards, and practices; and Equipment use, maintenance, and storage; and When an activity occurs off the camp premises, includes procedures for: Maintaining campers, staff members, and volunteers' health and emergency information including when and where the information is maintained; Emergency communication; Designating a contact person; and Attendance. Camp Trip. Staff Members. An operator shall ensure that on a camp trip: A director is present; 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; An adult with cardiopulmonary resuscitation certification from a national organization is on duty; and An adult with first aid certification from a national organization is on duty. An operator shall ensure that the camp's contact person maintains trip information including: A roster of participants; Departure and return times; Attendance during the: Departure; Activity; and Return; An itinerary; The route taken; and Inclement weather plans; Specialized Activity and Camp Trip Safety Training. An operator shall ensure that: Not more than 30 calendar days before working at the camp's specialized activity or participating in a trip, each staff member or volunteer: Is trained in the camp's safety plan; Demonstrates knowledge of the camp's safety plan; and Is provided with the opportunity to discuss the procedures and have any questions answered by a supervisor; and Documentation is kept on file that each staff member or volunteer received the training required in §C(1) of this regulation. Specialized Activity and Camp Trip Safety Procedures. An operator shall ensure that: A camper is instructed in safety procedures and the use of protective equipment; A camper, staff member, or volunteer is provided with and uses safety equipment suitable to the specialized activity or camp trip; and The specialized activity or trip is conducted according to the safety plan. When a camper, staff member, or volunteer is transported, an operator shall ensure that: Transportation is provided according to applicable State law; A transportation safety plan is developed and implemented that includes: Transportation safety rules, standards, and practices; Supervision requirements including camper to staff ratios; Emergency transportation services; and Severe weather procedures; 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: Is trained in the camp's transportation safety plan; Demonstrates knowledge of the camp's transportation safety plan; and Is provided with the opportunity to discuss the procedures and have questions answered by a supervisor; Documentation is kept on file that each staff member or volunteer received the training required in §A(3) of this regulation; A camper, staff member, or volunteer is provided with and uses transportation safety equipment; The driver of a vehicle is: An adult; and Licensed according to applicable State law; The number of occupants in a vehicle does not exceed the vehicle manufacturer's seating capacity; Before a camper is transported, written authorization from a camper's parent or guardian is obtained; and Vehicular traffic is controlled on the campsite. When the camp operator provides or arranges camper transportation to camp, from camp, or to and from camp, the operator shall: Ensure that a director is available for consultation; Provide written information to the camper's parent or guardian that includes the: Camper's pick-up time and designated pick-up location; Camper's drop-off time and designated drop-off location; Camp's pick-up and drop-off safety procedures; Camp's policy concerning the camp's responsibility for supervising a camper when the camper is picked up, dropped off, and transported; 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 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. An operator may not transport a camper in a: Non-passenger vehicle; or An individual's car without obtaining written authorization from the: Camper's parent or guardian; and Owner of the vehicle. During a routine activity, an operator shall ensure that: A camp director is available for consultation at all times when campers are present at a camp; For campers who are 3-1/2 to 5 years old: When there are one to eight campers, one adult is on duty and supervising the camper or campers; When there are nine to 16 campers, on duty and supervising the campers are: One adult; and A second staff member who is an assistant counselor or adult; When there are 17 to 24 campers, on duty and supervising the campers are: One adult; and Two additional staff members who are assistant counselors or adults; and A group does not exceed 24 campers; For campers who are 6 to 10 years old: When there are one to 15 campers, one adult is on duty and supervising the campers; When there are 16 to 30 campers, on duty and supervising the campers are: One adult and two assistant counselors; or Two adults; and A group does not exceed 30 campers; For campers who are 11 years old or older: When there are one to 15 campers, one adult is on duty and supervising the campers; When there are 16 to 30 campers, on duty and supervising the campers are: One adult and two assistant counselors; or Two adults; When there are 31 to 40 campers, on duty and supervising the campers are: Two adults and two assistant counselors; or Three adults; and A group does not exceed 40 campers; 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; 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 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. Implementation of this chapter is contingent on the availability of funds. Family Law Article, §§5-560—5-558, 5-704, and 5-705; Health-General Article, §§2-104, 14-402(d), 14-403, 14-403.1, 14-407, 18-318, and 18-403; Health Occupations Article, §§8-6A-01—8-6A-16 and 14-306; Annotated Code of Maryland Effective date: Regulations .01 — .24 adopted as an emergency provision effective June 19, 1989 (16:13 Md. R. 1413); emergency status expired November 12, 1989 Regulations .01 — .24 adopted effective June 11, 1990 (17:11 Md. R. 1343) Regulation .01B amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .02 repealed effective March 2, 1992 (19:4 Md. R. 473) Regulation .03B amended effective March 2, 1992 (19:4 Md. R. 473) Regulations .03B and .05A amended as an emergency provision effective June 30, 1994 (21:15 Md. R. 1301); emergency status expired effective December 31, 1994 Regulation .05B and D amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .05-1 and .05-2 adopted effective March 2, 1992 (19:4 Md. R. 473) Regulation .06 repealed and new Regulation .06 adopted effective March 2, 1992 (19:4 Md. R. 473) Regulation .08 amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .11E amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .13A and B amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .19C amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .20C and D amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .21E amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .22C amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .23B amended effective March 2, 1992 (19:4 Md. R. 473) Regulation .24 amended effective March 2, 1992 (19:4 Md. R. 473) Regulations .01 — .24 repealed and new Regulations .01 — .55 adopted effective September 1, 2004 (31:2 Md. R. 85) Regulation .02B amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521) Regulation .06 amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521) Regulation .08 amended as an emergency provision effective April 5, 2011 (38:10 Md. R. 612) Regulation .08 amended effective June 27, 2011 (38:13 Md. R. 755) Regulation .08B amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521) Regulation .09A amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521) Regulation .14A amended as an emergency provision effective April 5, 2011 (38:10 Md. R. 612) Regulation .14A amended effective June 27, 2011 (38:13 Md. R. 755) Regulation .25B amended as an emergency provision effective January 3, 2014 (41:2 Md. R. 88); amended permanently effective May 12, 2014 (41:9 Md. R. 521) Regulation .27E amended as an emergency provision effective May 12, 2011 (38:12 Md. R. 703) Regulation .27E amended effective June 27, 2011 (38:13 Md. R. 755) Chapter revised effective April 13, 2015 (42:7 Md. R. 569) Regulation .33A amended as an emergency provision effective July 8, 2015 (42:16 Md. R. 1052); emergency status expired effective January 3, 2016 Chapter revised effective March 28, 2016 (43:6 Md. R. 408) Regulation .02B amended as an emergency provision effective January 6, 2025 (52:2 Md. R. 65); amended permanently effective April 14, 2025 (52:7 Md. R. 321) Regulation .21 amended as an emergency provision effective January 6, 2025 (52:2 Md. R. 65); amended permanently effective April 14, 2025 (52:7 Md. R. 321)