|
 |
Official Government Sites
|
|
|
CHAPTER 368r
YOUTH CAMPS
Table of Contents
Sec. 19a-420. (Formerly Sec. 19-539). Definitions.
Sec. 19a-421. (Formerly Sec. 19-540). License required. Qualifications. Duration of validity. Fees.
Sec. 19a-422. (Formerly Sec. 19-541). Requirements for licensing of camps. License to be displayed.
Sec. 19a-423. (Formerly Sec. 19-542). Denial of license. Suspension, revocation or refusal to renew.
Sec. 19a-424. (Formerly Sec. 19-543). Appeal.
Sec. 19a-425. (Formerly Sec. 19-544). Penalty. Equitable relief.
Sec. 19a-426. (Formerly Sec. 19-545). Inspection of facilities.
Sec. 19a-427. (Formerly Sec. 19-546). Authorization to accept financial assistance.
Sec. 19a-428. (Formerly Sec. 19-547). Regulations re safe operation, physical examinations and glucose monitoring for diabetes.
Secs. 19a-429 to 19a-434.
As used in this chapter:
(1) "Youth camp" means any regularly scheduled program or organized group activity advertised as a camp or operated by a person, partnership, corporation, association,
the state or a municipal agency for recreational or educational purposes and accommodating for profit or under philanthropic or charitable auspices five or more children,
under eighteen years of age, who are (A) not bona fide personal guests in the private
home of an individual, and (B) living apart from their relatives, parents or legal guardian,
for a period of three days or more per week or portions of three or more days per week,
provided any such relative, parent or guardian who is an employee of such camp shall
not be considered to be in the position of loco parentis to such employee's child for the
purposes of this chapter, but does not include (i) classroom-based summer instructional
programs operated by any person, provided no activities that may pose a health risk or
hazard to participating children are conducted at such programs, (ii) schools which
operate a summer educational program, or (iii) licensed day care centers;
(2) "Resident camp" means any youth camp which is established, conducted or
maintained on any parcel or parcels of land on which there are located dwelling units
or buildings intended to accommodate five or more children for at least seventy-two
consecutive hours and in which the campers attending such camps eat and sleep;
(3) "Day camp" means any youth camp which is established, conducted or maintained on any parcel or parcels of land on which there are located dwelling units or
buildings intended to accommodate five or more children during daylight hours for at
least three days a week with the campers eating and sleeping at home, except for one
meal per day, but does not include programs operated by a municipal agency;
(4) "Person" means any individual, partnership, association, organization, limited
liability company or corporation;
(5) "Commissioner" means the Commissioner of Public Health; and
(6) "Department" means the Department of Public Health.
(1969, P.A. 820, S. 1; P.A. 77-614, S. 323, 610; P.A. 79-145, S. 1; P.A. 91-329; P.A. 92-195, S. 2, 3; P.A. 93-381, S.
9, 39; P.A. 95-79, S. 61, 189; 95-257, S. 12, 21, 58; P.A. 01-94, S. 1; 01-195, S. 144, 181; June Sp. Sess. P.A. 01-4, S. 36, 58.)
History: P.A. 77-614 replaced commissioner and department of health with commissioner and department of health
services, effective January 1, 1979; P.A. 79-145 redefined "youth camp", "resident camp" and "day camp"; Sec. 19-539
transferred to Sec. 19a-420 in 1983; P.A. 91-329 clarified that camps owned by the state or a municipal agency are included
in definition of "youth camps"; P.A. 92-195 redefined "day camp" to exclude municipal programs; P.A. 93-381 replaced
department and commissioner of health services with department and commissioner of public health and addiction services,
effective July 1, 1993; P.A. 95-79 redefined "person" to include a limited liability company, effective May 31, 1995;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Public Health, effective July 1, 1995; P.A. 01-94 redesignated Subdivs. (a) to (f) as Subdivs. (1) to (6),
made other technical changes and amended the definition of "youth camp" by adding exception for classroom-based
summer instructional programs; P.A. 01-195 duplicated technical changes made by P.A. 01-94, effective July 11, 2001;
June Sp. Sess. P.A. 01-4 changed effective date of P.A. 01-94 from October 1, 2001, to June 6, 2001, effective July 1, 2001.
No person shall establish, conduct or maintain a youth camp
without a license issued by the department. Applications for such license shall be made
in writing at least thirty days prior to the opening of the youth camp on forms provided
and in accordance with procedures established by the commissioner and shall be accompanied by a fee of six hundred fifty dollars or, if the applicant is a nonprofit, nonstock
corporation or association, a fee of two hundred fifty dollars or, if the applicant is a day
camp affiliated with a nonprofit organization, for no more than five days duration and
for which labor and materials are donated, no fee. All such licenses shall be valid for a
period of one year from the date of issuance unless surrendered for cancellation or
suspended or revoked by the commissioner for violation of this chapter or any regulations adopted under section 19a-428 and shall be renewable upon payment of a six-
hundred-fifty-dollar license fee or, if the licensee is a nonprofit, nonstock corporation
or association, a two-hundred-fifty-dollar license fee or, if the applicant is a day camp
affiliated with a nonprofit organization, for no more than five days duration and for
which labor and materials are donated, no fee.
(1969, P.A. 820, S. 2; P.A. 77-614, S. 323, 610; May sp. Sess. P.A. 92-6, S. 13, 117; P.A. 93-381, S. 9, 39; P.A. 95-
257, S. 12, 21, 58; 95-317, S. 4; P.A. 01-195, S. 145, 181.)
History: P.A. 77-614 replaced commissioner and department of health with commissioner and department of health
services, effective January 1, 1979; Sec. 19-540 transferred to Sec. 19a-421 in 1983; May Sp. Sess. P.A. 92-6 increased
license and renewal fees from one hundred to six hundred fifty dollars except if applicant is a nonprofit, nonstock corporation
or association then from twenty-five to two hundred fifty dollars; P.A. 93-381 replaced department and commissioner of
health services with department and commissioner of public health and addiction services, effective July 1, 1993; P.A.
95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-317 added the fee exemption for five-day duration day camps with
donated labor and materials; P.A. 01-195 referenced Sec. 19a-428 re regulations and made technical changes, effective
July 11, 2001.
Sec. 19a-422. (Formerly Sec. 19-541). Requirements for licensing of camps.
License to be displayed. To be eligible for the issuance or renewal of a youth camp
license pursuant to this chapter, the camp shall satisfy the following requirements: (1)
The location of the camp shall be such as to provide adequate surface drainage and
afford facilities for obtaining a good water supply; (2) each dwelling unit, building and
structure shall be maintained in good condition, suitable for the use to which it is put,
and shall present no health or fire hazard as so certified, within ninety days of such
application, by the department or State Fire Marshal, as the case may be; (3) there
shall be an adequate and competent staff, which includes the camp director, activities
specialists, counselors and maintenance personnel, of good character and reputation;
(4) all hazardous activities, including, but not limited to, archery, aquatics, horseback
riding and firearms instruction, shall be supervised by a qualified activities specialist
who has adequate experience and training in such specialist's area of specialty; (5) the
staff of a resident and nonresident camp shall at all times include an adult trained in the
administration of first aid as required by the commissioner; (6) records of personal data
for each camper shall be kept in any reasonable form the camp director may choose,
and shall include (A) the camper's name, age and address, (B) the name, address and
telephone number of the parents or guardian, (C) the dates of admission and discharge,
and (D) such other information as the commissioner shall require. Any youth camp
licensed under this chapter shall operate only as the type of camp authorized by such
license. Such camps shall not advertise any service they are not equipped or licensed
to offer. The license shall be posted in a conspicuous place at camp headquarters and
failure to so post the license shall result in the presumption that the camp is being operated
in violation of this chapter.
(1969, P.A. 820, S. 3; P.A. 77-614, S. 323, 610; P.A. 79-145, S. 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58;
P.A. 01-195, S. 146, 181.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; P.A.
79-145 required that camps operate only as authorized by license and that they not advertise services they are not equipped
or licensed to offer; Sec. 19-541 transferred to Sec. 19a-422 in 1983; P.A. 93-381 replaced department of health services
with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and
Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July
1, 1995; P.A. 01-195 replaced alphabetic Subdiv. designators with numeric designators and made technical changes,
including changes for the purpose of gender neutrality, effective July 11, 2001.
(a) Upon the denial of an application for an original youth
camp license under this chapter, the commissioner shall notify the applicant in writing
of such denial, by mailing a notice to the applicant at the applicant's address shown on
the application.
(b) The commissioner may suspend, revoke or refuse to renew the license of any
youth camp regulated and licensed under this chapter if the licensee: (1) Is convicted
of any offense involving moral turpitude, the record of conviction being conclusive
evidence thereof; (2) is legally adjudicated insane or mentally incompetent, the record
of such adjudication being conclusive evidence thereof; (3) uses any narcotic or any
controlled drug, as defined in section 21a-240, to an extent or in a manner that such
use impairs the licensee's ability to properly care for children; (4) consistently fails to
maintain standards prescribed and published by the department; (5) furnishes or makes
any misleading or any false statement or report to the department; (6) refuses to submit
to the department any reports or refuses to make available to the department any records
required by it in investigating the facility for licensing purposes; (7) fails or refuses
to submit to an investigation or inspection by the department or to admit authorized
representatives of the department at any reasonable time for the purpose of investigation,
inspection or licensing; (8) fails to provide, maintain, equip and keep in safe and sanitary
condition premises established for or used by the campers pursuant to minimum standards prescribed by the department or by ordinances or regulations applicable to the
location of such facility; or (9) wilfully or deliberately violates any of the provisions of
this chapter.
(1969, P.A. 820, S. 4; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A.
01-4, S. 16.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec.
19-542 transferred to Sec. 19a-423 in 1983; P.A. 93-381 replaced department of health services with department of public
health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health
and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; June Sp. Sess. P.A.
01-4 deleted provision re appeal of denial in Subsec. (a) and made technical changes in Subsecs. (a) and (b).
Any licensee aggrieved by the
action of the commissioner in suspending or revoking any license under the provisions
of this chapter may appeal therefrom in accordance with the provisions of section 4-183.
(1969, P.A. 820, S. 5; 1971, P.A. 179, S. 9; P.A. 76-436, S. 396, 681; P.A. 77-603, S. 57, 125; 77-614, S. 323, 610;
P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; June Sp. Sess. P.A. 01-4, S. 17.)
History: 1971 act required bringing of appeal "not less than twelve or more than thirty days after service thereof" rather
than on "next return day" or "next but one"; P.A. 76-436 replaced court of common pleas with superior court and included
judicial districts, effective July 1, 1978; P.A. 77-603 replaced previous detailed appeal provisions with statement that
appeals to be made in accordance with Sec. 4-183; P.A. 77-614 replaced commissioner of health with commissioner of health
services, effective January 1, 1979; Sec. 19-543 transferred to Sec. 19a-424 in 1983; P.A. 93-381 replaced commissioner of
health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced
Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public
Health, effective July 1, 1995; June Sp. Sess. P.A. 01-4 deleted provisions re applicant appeal of action denying license
and made a technical change.
Any person
who establishes, conducts or maintains a youth camp without a license as required by
this chapter for a first offense shall be subject to a civil penalty of not more than five
hundred dollars, and for a second or subsequent offense shall be subject to a civil penalty
of not more than seven hundred fifty dollars, and each day during which a youth camp
is conducted or maintained without a license, after notification to such person by the
commissioner, shall constitute a separate offense. The Commissioner of Public Health
may apply to the superior court for the judicial district of Hartford, or for the judicial
district where the defendant named in such application resides, for an injunction to
restrain the operation or maintenance of a youth camp by any person other than a licensed
operator. The application for such injunction or the issuance of the same shall be in
addition to and shall not relieve any such person from the imposition of a civil penalty
under this section. In connection with any such application for an injunction, it shall
not be necessary to prove that an adequate remedy at law does not exist.
(1969, P.A. 820, S. 6; P.A. 74-338, S. 14, 94; P.A. 76-436, S. 397, 681; P.A. 77-614, S. 323, 610; P.A. 78-280, S. 1,
5, 127; P.A. 88-230, S. 1, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 4, 7, 8; 93-381, S. 9, 39; P.A. 95-220, S. 46; 95-257,
S. 12, 21, 58; P.A. 99-125, S. 4.)
History: P.A. 74-338 made technical correction, inserting the word "shall"; P.A. 76-436 replaced court of common
pleas with superior court and included judicial districts, effective July 1, 1978; P.A. 77-614 replaced commissioner of
health with commissioner of health services, effective January 1, 1979; P.A. 78-280 deleted reference to counties and
replaced Hartford county with judicial district of Hartford-New Britain; Sec. 19-544 transferred to Sec. 19a-425 in 1983;
P.A. 88-230 replaced "judicial district of Hartford-New Britain" with "judicial district of Hartford", effective September
1, 1991; P.A. 90-98 changed the effective date of P.A. 88-230 from September 1, 1991, to September 1, 1993; P.A. 93-
142 changed the effective date of P.A. 88-230 from September 1, 1993, to September 1, 1996, effective June 14, 1993;
P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective
July 1, 1993; P.A. 95-220 changed the effective date of P.A. 88-230 from September 1, 1996, to September 1, 1998,
effective July 1, 1995; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with
Commissioner and Department of Public Health, effective July 1, 1995; P.A. 99-125 changed penalty from a fine to a civil
penalty, deleted reference to criminal prosecution and made technical changes.
The Department
of Public Health shall inspect or cause to be inspected the facilities to be operated by
an applicant for an original license before the license shall be granted, and shall annually
thereafter inspect or cause to be inspected the facilities of all licensees. No annual inspection shall be required under this section in the case of facilities of a licensee located in
any dormitory, classroom or other building or any athletic facility owned and maintained
by any college or university, provided a timely safety inspection of such building or
facility, satisfactory to the department, is conducted by or on behalf of such college or
university.
(1969, P.A. 820, S. 7; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 01-94, S. 2;
June Sp. Sess. P.A. 01-4, S. 36, 58.)
History: P.A. 77-614 replaced department of health with department of health services, effective January 1, 1979; Sec.
19-545 transferred to Sec. 19a-426 in 1983; P.A. 93-381 replaced department of health services with department of public
health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health
and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 01-94 added
provisions re college or university buildings or facilities; June Sp. Sess. P.A. 01-4 changed effective date of P.A. 01-94
from October 1, 2001, to June 6, 2001, effective July 1, 2001.
The Commissioner of Public Health is authorized to accept, on behalf of the state,
any grants of federal or private funds made available for any purposes consistent with
the provisions of this chapter. The commissioner, with the approval of the Secretary of
the Office of Policy and Management, may direct the disposition of any such grants so
accepted in conformity with the terms and conditions under which given.
(1969, P.A. 820, S. 8; P.A. 77-614, S. 19, 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 77-614 replaced commissioner of finance and control with secretary of the office of policy and management
and, effective January 1, 1979, replaced commissioner of health with commissioner of health services; Sec. 19-546 transferred to Sec. 19a-427 in 1983; P.A. 93-381 replaced commissioner of health services with commissioner of public health
and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and
Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995.
Sec. 19a-428. (Formerly Sec. 19-547). Regulations re safe operation, physical
examinations and glucose monitoring for diabetes. (a) The Commissioner of Public
Health shall adopt regulations, in accordance with the provisions of chapter 54, relating
to the safe operation of youth camps, including, but not limited to, personnel qualifications for director and staff; ratio of staff to campers; sanitation and public health; personal
health, first aid and medical services; food handling, mass feeding and cleanliness; water
supply and waste disposal; water safety, including use of lakes and rivers, swimming
and boating equipment and practices, vehicle condition and operation; building and site
design; equipment; and condition and density of use, as the commissioner may deem
necessary or desirable. Such regulations shall be construed to be minimum standards
subject to the imposition and enforcement of higher standards by any town, city or
borough.
(b) The Commissioner of Public Health shall adopt regulations, in accordance with
the provisions of chapter 54, allowing physical examinations or health status certifications required by youth camps prior to the date of arrival at youth camps to be made by
a physician, an advanced practice registered nurse or registered nurse licensed pursuant
to chapter 378 or a physician assistant licensed pursuant to chapter 370. Such regulations
shall permit a physical examination that is required for school purposes to also be used
to satisfy any such required youth camp examination or certification, subject to such
conditions regarding the timeliness of such examination as the commissioner deems
appropriate.
(c) The Commissioner of Public Health shall adopt regulations, in accordance with
the provisions of chapter 54, that specify conditions under which youth camp directors
and staff may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified
in the regulations adopted by the commissioner, to a child enrolled in a youth camp at
such camp. The regulations shall require authorization pursuant to: (1) The written order
of a physician licensed to practice medicine or a dentist licensed to practice dental
medicine in this or another state, an advanced practice registered nurse licensed under
chapter 378, a physician assistant licensed under chapter 370, a podiatrist licensed under
chapter 375 or an optometrist licensed under chapter 380; and (2) the written authorization of a parent or guardian of such child.
(1969, P.A. 820, S. 9; P.A. 77-614, S. 323, 610; P.A. 93-381, S. 9, 39; P.A. 95-45; 95-257, S. 12, 21, 58; P.A. 99-125,
S. 5; P.A. 01-94, S. 3; June Sp. Sess. P.A. 01-4, S. 36, 58.)
History: P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979;
Sec. 19-547 transferred to Sec. 19a-428 in 1983; P.A. 93-381 replaced commissioner of health services with commissioner
of public health and addiction services, effective July 1, 1993; P.A. 95-45 added Subsec. (b) requiring regulations allowing
examinations and certificates by physicians, nurses and physician assistants; P.A. 95-257 replaced Commissioner and
Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July
1, 1995; P.A. 99-125 added new Subsec. (c) re glucose monitoring for diabetes and made technical changes; P.A. 01-94
amended Subsec. (b) by authorizing physical examinations required for school purposes to be used to satisfy youth camp
examination requirements; June Sp. Sess. P.A. 01-4 changed effective date of P.A. 01-94 from October 1, 2001, to June
6, 2001, effective July 1, 2001.
|