Title of Regulation: 12VAC5-450. Rules and Regulations Governing Campgrounds (amending 12VAC5-450-10, 12VAC5-450-30 through 12VAC5-450-110, 12VAC5-450-130, 12VAC5-450-140, 12VAC5-450-150, 12VAC5-450-170 through 12VAC5-450-200; adding 12VAC5-450-15, 12VAC5-450-115, 12VAC5-450-183, 12VAC5-450-187; repealing 12VAC5-450-210, 12VAC5-450-230).

Statutory Authority: §§ 35.1-11 and 35.1-17 of the Code of Virginia.

Effective Date: November 28, 2018.

Agency Contact: Olivia McCormick, Tourist Establishment Services Program Manager, Virginia Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 785-8146, FAX (804) 864-7475, or email olivia.mccormick@vdh.virginia.gov.

Summary:

The amendments, including those for facilities and permitting, (i) implement current public health and camping industry practices, (ii) update terminology, and (iii) remove outdated requirements.

Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

12VAC5-450-10. Definitions.

For the purpose of this chapter, the The following words and terms when used in this chapter shall have the following meanings respectively indicated unless another meaning is clearly intended or required by the context. clearly indicates otherwise:

"Approved" means a procedure of operation or construction which is in accordance with the standards established by the Virginia Department of Health [ , ] or which is acceptable to the Health Commissioner based on his a determination as to the conformance with appropriate standards and good public health practice.

"Campgrounds" means and includes, but is not limited to tourist camps, travel trailer camps, recreation camps, family campgrounds, camping resorts, camping communities, or any other area, place, parcel [ , ] or tract of land, by whatever name called, on which three or more campsites are occupied or intended for occupancy, or facilities are established or maintained, wholly or in part, for the accommodation of camping units for periods of overnight or longer, whether the use of the campsites and/or or facilities is granted gratuitously, by a rental fee, by lease, by conditional sale [ , ] or by covenants, restrictions and easements. This definition is not intended to include [ migrant labor camps and ] summer camps, [ and migrant labor camps ] as defined in §§ 35.1-16 32.1-203 and 32.1-203 35.1-16 of the Code of Virginia, construction camps, permanent mobile manufactured home parks, or storage areas for unoccupied camping units, or property upon which the individual owner may choose to camp and not be prohibited or encumbered by covenants, restrictions and conditions from providing his sanitary facilities within his established property lines.

"Camping unit" means and includes tents, tent trailers, travel trailers, camping trailers, pick-up campers, motor homes, yurts, cabins, or any other device or vehicular-type structure as may be developed marketed and used by the camping trade for use as temporary living quarters or shelter during periods of recreation, vacation, leisure time, or travel.

"Campsite" means and includes any plot of ground within a campground used or intended for the exclusive occupation by a camping unit [ or units ] under the control of a camper.

"Emergency" means a condition that in the exercise of the sound discretion of the Health Commissioner is found deleterious to the public health, safety, and welfare and requires immediate action.

"Health Commissioner" means the chief executive officer of the State Board of Health or his authorized agent.

"Independent camping unit" means a unit which contains a water- flushed toilet, lavatory and shower as an integral part of the structure, and which requires an on-site sewer connection due to the absence of a waste holding tank on the unit.

"Non-self-contained camping unit" means a unit which is dependent upon a service building for toilet and lavatory facilities.

"Outdoor bathing facilities" means lakes, ponds, rivers, tidal waters, impoundments, beaches, streams or other places, whether natural or man-made, in which an area is held out for swimming or bathing purposes.

"Operator" means any person employed or contracted by a campground owner who is responsible for the management and general administrative operation of the campground.

"Overflow area" means a plot of ground in or adjacent to the campground set apart for accommodating those campers for whom no designated sites are available in the general geographical area, and which is subject to certain restrictions as to size, length of stay, temporary facilities, etc.

"Overnight" means the occupation of a camping unit as a temporary habitation between the hours of 7 p.m. and 7 a.m., or major portion thereof.

"Permit" means a written permit issued by the Health Commissioner authorizing a designated person to operate a specific [ camping place campground ].

[ "Permit holder" means the owner or operator to whom the campground permit is issued. ]

"Person" means and include any individual or group of individuals, named party, partnership, firm, private or public association or corporation, state, county, city, town, or anyone who by covenant, restriction, or agreement has care, control, custody, ownership, or management of property or parts thereof, or any combination of the above or other legal entity.

"Primitive camps" campsites" means camps which campsites that are characterized by the absence of [ what is generally understood as modern conveniences such as] water- flushed [ flush ] toilets, showers, [ sinks lavatories ], [ and ] electrical connections [ , or any combination thereof ]. A campground shall be classified as a primitive camp when half or more of the required number of toilet seats are nonflush type.

[ "Sanitary facilities" means toilets, privies, urinals, lavatories, and showers. ]

"Self-contained camping unit" means a unit [ which that ] contains a water-flushed [ flush ] toilet, [ and may contain a ] lavatory, shower, and kitchen sink, all of which are connected, as an integral part of the structure, to water storage and sewage holding tanks located within the unit.

"Service building" means a structure housing toilet toilets, showers, or lavatories.

"Sewage" means the water-carried and non-water-carried human excrement from service buildings, sanitary stations, camping units or other places together with such, kitchen, laundry or, shower, bath, or lavatory wastes separately or together with such underground surface, storm, or other water and liquid industrial waste as may be present from residences, buildings, vehicles, industrial establishments, or other places. [ Other Such other ] places include service buildings, dump stations, campsites, and camping units.

"Swimming pool" means any swimming, wading, or spray pool, including all appurtenant equipment, structures, and facilities provided for the use of the campers.

12VAC5-450-15. Compliance with the Virginia Administrative Process Act.

The provisions of the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) shall govern the promulgation and administration of this chapter, including the procedures for rendering and appealing any case decision based upon this chapter.

12VAC5-450-30. Approval of plans required.

A. In order to insure ensure the provision of adequate, properly designed sanitation facilities at campgrounds, any person planning construction, major alteration renovation, or extensive addition to any campground shall, prior to the initiation of any such construction, submit to the Health Commissioner, through the local health department in the county locality in which the proposed project is located, complete plans or statements which that show the following, as applicable:

1. The proposed method and location of the sewage disposal system.

2. The proposed sources and location of the water supply.

3. The number, location, and dimensions of all campsites.

4. The number, description, and location of [ all ] proposed sanitary facilities [ such as toilets, privies, and ] dump stations, sewer lines, etc.

5. Name The name and address of [ applicant the person applying to be the permit holder, and a designation of whether that person is the owner or the intended operator of the campground ].

6. Location The location, boundaries, and dimensions of the proposed project.

7. Such other pertinent information as the Health Commissioner may deem necessary.

B. When, upon review of the plans, the Health Commissioner is satisfied that the proposed plans, if executed, will meet the requirements of this regulation chapter and other pertinent laws and regulations designed to protect the public health, written approval shall be issued [ by the Health Commissioner ].

C. When upon review of the plans, the Health Commissioner determines that the proposed plans preclude prevent a safe, sanitary operation, the plans shall be disapproved and the applicant shall be notified in writing of any deficiency in the plans that constitute the basis for disapproval. [ The applicant shall be notified of the opportunity for administrative process as provided by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). ]

D. No person shall begin construction, major alteration renovation, or addition to a campground until written approval has been granted by the Health Commissioner.

E. If construction is not begun within one year from the date of the approval of the plans, such approval shall be considered null and void.

F. All construction, reconstruction renovation, or [ alteration additions ] shall be done in accordance with and limited to work covered by the plans and recorded changes which that have been approved by the Health Commissioner.

G. Any person whose plans have been disapproved may request and shall be granted a hearing on the matter under the procedure provided by 12VAC5-450-60 an appeal as described by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

H. Owners or operators of temporary campgrounds shall submit complete plans as described in subsection A of this section as a part of the permit application. No written approval of [ this material the plans ] is required separate from the campground permit.

12VAC5-450-40. Permits.

A. No person or persons, directly or indirectly, shall conduct, control, manage, operate, or maintain a campground, [ or offer campsites for occupancy ] within the Commonwealth, without first making application for and receiving a valid permit from the Health Commissioner for the operation of said camp the campground.

B. Any campground for which a permit was not issued during the previous year An authorized representative of a campground shall file an application for a permit with the local health department in writing on a form and in a manner prescribed by the Health Commissioner at least 30 days before such camp is to be opened.

C. If, after receipt of an application to operate a campground, the Health Commissioner finds that the campground is does not in compliance comply with the provisions of this regulation chapter, he the Health Commissioner shall notify the applicant in writing (i) citing the noncomplying items that constitute his reason the reasons for denying the a permit and (ii) providing the applicant with the opportunity for administrative process as provided by the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

D. A permit may be revoked by the Health Commissioner, or his authorized agent, if he finds that the camp for which the permit was issued is operated, maintained, or occupied in violation of this chapter, or any law, ordinance or regulation applicable to such establishments, or in violation of the conditions stated in the permit. If the Health Commissioner finds that the campground complies with this chapter, a permit shall be issued. Permits may be issued to the campground's owner or operator.

E. The permit shall be conspicuously posted in the office of the camp campground or on the premises if no office is available.

F. The permit shall not be transferable Permits shall either be (i) annual and shall expire on December 31 of each year, unless stated otherwise in special permits such as temporary permits that may be granted by the Health Commissioner to allow a reasonable time to conform to the requirements of this chapter, or to correct existing violations 12 months from the date of issuance or (ii) temporary and granted for a specific period of time to allow temporary camping of 14 days duration or less. Temporary permits may be valid for periods of 60 days or less, but the total days of operation may not exceed 14 days during [ a any ] 60-day period. Permits shall not be transferable.

12VAC5-450-50. Inspection of camping places.

A. The Health Commissioner is hereby authorized and directed to make [ , in accordance with § 35.1-22 of the Code of Virginia, ] shall conduct such inspections as are necessary to determine satisfactory compliance with this chapter, including the following:

1. Before permit issuance, the Health Commissioner shall conduct one or more preoperational inspections of annually permitted campgrounds that (i) have not been permitted in the previous year; (ii) have undergone modifications in their water delivery, sewage conveyance, or sewage disposal systems; (iii) have modified their sanitary facilities; or (iv) have changed the number of offered campsites since the issuance of their last annual permit.

2. Annually permitted campgrounds shall be inspected at least once per permit period.

3. Temporary campgrounds shall be inspected at least once during each operational period.

4. Campground inspection schedules may be adjusted if the Virginia Department of Health develops a written risk-based plan for adjusting the frequency of inspections, and this plan is uniformly applied throughout the Commonwealth.

B. It Upon presentation of appropriate credentials and consent of the owner, permit holder, or authorized agent of the owner or permit holder, the Health Commissioner shall be the duty of the operator or occupant(s) of a campground to give the Health Commissioner given free access to such premises at reasonable times for the purpose of inspection, in accordance with § 35.1-5 of the Code of Virginia.

C. A register shall be kept indicating name and address of the camper, the date of the campsite occupancy, and the number of the campsite occupied. Such register shall be made available to the Health Commissioner, upon request, during his inspection of the campground.

C. Whenever an inspection is conducted, a completed inspection report shall be provided to the permit holder of the campground. The inspection report shall contain descriptions of observed alleged violations and citations to the alleged regulatory violations. The report shall establish reasonable timelines for compliance with this chapter and provide an opportunity for due process in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

12VAC5-450-60. Enforcement, notices, hearings informal conferences.

A. Whenever the Health Commissioner finds violations of this chapter, an inspection report shall be filled out and left with the person in charge of the campground. Such inspection report shall be legible, contain written notation of the violation and remedial action to be taken to effect compliance with this chapter.

B. If, after a reasonable time has elapsed for the correction of noted items, the violation is found to continue to exist, a formal notice shall be issued which; (i) includes a written statement of the reasons for its issuance; (ii) sets forth a time for the performance of the corrections; (iii) is served upon the operator or his agent; Provided: that such notice shall be deemed to have been properly served upon such operator or agent when a copy has been sent by certified mail to his last known address; or when he has been served with such notice by any other method authorized or required by the laws of this Commonwealth; (iv) contains an outline of remedial action which, if taken will effect compliance with the provisions of this chapter; (v) informs the person to whom the notice is directed of his right to a hearing and of his responsibility to request the hearing and to whom the request should be made.

C. Periods of time allowed to elapse between notation of the violation on the inspection report and issuance of a formal notice, and time allowed in formal notice for performance of correction shall depend upon the nature and seriousness of the violation, but shall generally not exceed 30 days.

D. Whenever the Health Commissioner finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit. Notwithstanding any other provisions of this chapter, such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith immediately, by upon petition to the Health Commissioner, shall be afforded a hearing as soon as possible.

A. The Health Commissioner may, after providing a notice of intent to revoke the permit, and after providing an opportunity for an informal conference in accordance with § 2.2-4019 of the Code of Virginia, revoke a permit for flagrant or continuing violation of this chapter. Any person to whom a notice of revocation is directed shall immediately comply with the notice. Upon revocation, the former permit holder shall be given an opportunity for appeal of the revocation in accordance with the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

B. The Health Commissioner may summarily suspend a permit to operate a campground if continued operation constitutes a substantial and imminent threat to public health. Upon receipt of such notice that a permit is suspended, the permit holder shall cease campground operations immediately [ and begin corrective action ]. Whenever a permit is suspended, the holder of the permit shall be notified in writing by certified mail or by hand delivery. Upon service of notice that the permit is immediately suspended, the former permit holder shall be given an opportunity for an informal conference in accordance with § 2.2-4019 of the Code of Virginia. The request for an informal conference shall be in writing and shall be filed with the local health department by the former holder of the permit. If written request for an informal conference is not filed within 10 working days after the service of notice, the suspension is sustained. Each holder of a suspended permit shall be afforded an opportunity for an informal conference within three working days of receipt of a request for the informal conference. The Health Commissioner may end the suspension at any time if the reasons for the suspension no longer exist. [ Working days means days on which the local health department is open for business and does not include holidays and closures. ]

E. C. Any person affected by any notice which has been a determination issued in connection with the enforcement of any provision of this chapter may request and shall be granted a hearing challenge such determination in accordance with the provisions of Title 9, Chapter 1.1:1 of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

F. If a request for a hearing is not made within 10 days after the receipt of a formal notice of violation of this chapter, or correction of the violation has not taken place within the prescribed time, the permit may be revoked and the continued operation of the campground shall be considered unlawful.

G. Nothing D. All campgrounds shall be constructed, operated, and maintained in compliance with the requirements as set forth in this chapter. The Health Commissioner may enforce this chapter through any means lawfully available pursuant to § 35.1-7 of the Code of Virginia, and nothing in this chapter shall be construed as preventing the Health Commissioner from making efforts to obtain voluntary compliance through warning, conference, or any other appropriate enforcement means.

12VAC5-450-70. Location.

A. Each campground shall be located on ground which has have good surface drainage and which is be free of natural and man-made hazards such as mine pits, shafts, and quarries. Camps Campgrounds shall not be located on ground which that is in or adjacent to swamps, marshes, landfills or abandoned landfills, or breeding places for insects or rodents of public health importance, unless adequate, approved safeguards or preventive measures are taken.

B. The density of campsites in a campground shall not exceed an average of 20 campsites per acre inclusive of service roads, toilet buildings, recreational areas, etc.

C. Each campsite (including parking space) shall provide a minimum of 1600 square feet of space and shall not be less than 25 feet at its narrowest point.

D. Each campsite shall be identified by number and section. Camping units within a campground shall be required to locate within the designated campsites.

12VAC5-450-80. Water supplies.

A. The water supply, storage reservoirs and distribution system shall be approved by the Health Commissioner. An adequate supply of safe, sanitary, potable water shall be provided. [ The An approved ] water supply shall either be an approved private well or a permitted waterworks. Waterworks must be maintained and operated in compliance with 12VAC5-590. Private wells shall be constructed, maintained, and operated in compliance with [ the standards of ] 12VAC5-630. Additionally, campgrounds utilizing private wells for potable water shall sample and test for total coliform and nitrate annually and prior to permit application; water shall be satisfactory for the total coliform standards identified in 12VAC5-630-370 and shall not have more than 10 mg/L nitrate. Samples shall be analyzed by a laboratory [ certified accredited ] by the Department of General Services, Division of Consolidated Laboratory Services.

B. An adequate supply of safe, sanitary, potable water capable of supplying a total capacity of at least 50 gallons per campsite per day if privies are used, and at least 100 gallons per campsite per day if water-flushed toilets are used, Water shall be provided at one or more easily accessible locations within the camping area campground. Adequate water storage facilities shall be provided to meet the demands for The water system shall be capable of meeting the demand for water during periods of peak use by the campers campground.

C. Water [ delivery ] systems [ utilizing private wells as a water source that are not a part of a waterworks regulated under 12VAC5-590 ] must meet the following construction and operational standards:

1. All water storage reservoirs shall be covered, watertight, and constructed of impervious material.

2. Overflows and vents of such reservoirs shall be effectively screened.

3. Manholes shall be constructed with over-lapping overlapping covers so as to prevent the entrance of contaminating material.

4. Reservoir overflow pipes shall discharge through an acceptable air gap.

5. All cross connections between approved and unapproved water supply systems are prohibited.

6. All water supplies shall be protected against the hazards of backflow or back siphonage.

D. All cross connections, between approved and nonapproved water supply systems are prohibited, and the supply shall be protected against the hazards of backflow or back siphonage.

E. Drinking fountains and water coolers, if provided, shall be of an approved type. D. Common water coolers, drinking cups, glasses, or vessels are prohibited.

F. Unsafe E. Unapproved wells or springs in the camp area campground shall be eliminated or made inaccessible for human consumption. [ All accessible water outlets with sources not approved for human consumption under the terms identified in subsection A of this section shall be identified with signage stating, in effect, "Caution: nonpotable water. DO NOT DRINK." ]

G. F. All ice provided shall be from an approved source. All ice and shall be handled and stored in such a manner as to prevent contamination. Ice-making machines shall be of approved construction automatic dispensing, and water shall be from a source approved under subsection A of this section. Open-bin type ice machines are prohibited.

H. G. Portable water tanks or watering stations shall not be [ approved allowed ], except in emergencies, and then unless such tanks, stations, and dispensing shall be are reviewed and approved by the Health Commissioner.

I. H. The area surrounding a pump or hydrant used for a water supply shall be maintained in a properly drained and sanitary condition, to prevent the accumulation of standing water or the creation of muddy conditions.

J. I. The connection for potable water piped to individual campsites shall be so installed so that it will not be damaged by the parking of camping vehicles.

K. J. If installed above the ground, the riser shall terminate at least four inches above the ground surface. If installed in a pit, the riser shall terminate at least 12 inches above the floor of the pit, and the pit shall be drained to prevent it from containing standing water. The drain for the pit shall not be connected to a sanitary sewerage system.

L. K. If a water connection and a sewer connection are provided at individual campsites a campsite, the two connections shall be separated by a minimum horizontal distance of five 10 feet. Campgrounds that have been issued a permit before [ November 28, 2018, ] shall be exempt and required to maintain a minimum horizontal distance of five feet between water and sewer connections. If an exempt campground conducts construction or renovation activity impacting water and sewer connections, current regulations shall apply to all campsites where work is conducted. Normal maintenance work will not constitute construction or renovation.

M. L. Adequate provisions shall be made to prevent the freezing of service lines, valves, and riser pipes.

12VAC5-450-90. Sewage disposal.

A. Every campground shall be provided with an approved method of [ collection collecting ], conveying, and disposing of all sewage and liquid wastes.

B. Privies shall be an acceptable method of sewage disposal when the location, design, construction, and quantity have been approved by the Health Commissioner provided their use is not prohibited or restricted by local requirements.

C. B. All methods or systems of collecting and disposing of sewage and liquid wastes, whether temporary or permanent, shall be subject to the approval of the Health Commissioner.

D. C. It shall be unlawful to discharge sewage, sink waste water, shower waste water, or other putrescible wastes in such a manner as to enter the ground surface or, subsurface, or a body of water, except following a treatment device or process approved prior to construction by the Health Commissioner.

E. A sanitary or D. Campgrounds shall provide a dump station for the disposal of sewage and other liquid wastes from self-contained camping units shall be provided which that complies with the following requirements:

1. Campgrounds having less [ 200 or ] fewer [ than 200 ] campsites shall provide a minimum of one sanitary dump station, unless all campsites that allow self-contained camping units provide direct sewer connections.

2. Campgrounds having more than 200 campsites shall provide an additional sanitary dump station for each additional 200 campsites or major fraction thereof, provided that campsites equipped with sewer connections shall not be included in the total.

3. Where two or more sanitary dump stations are required, they shall be so located as to facilitate the simultaneous discharge of sewage wastes from different units.

4. Each sanitary [ dump ] station shall be so located and designed as to be easily accessible and facilitate ingress and egress for camping vehicles.

F. E. The sanitary dump station shall consist of the following:

1. A four-inch sewer pipe trapped below the frost line connected to an approved sewage disposal system or suitable holding tank.

2. The sewer pipe, at the inlet, shall be surrounded by a reinforced, concrete apron sloped to drain to the sewer pipe.

3. The minimum dimensions of the concrete apron shall be 36 inches wide, 60 inches long, and four inches thick. The sewer pipe shall be located such that the major portion of the apron will project under the camping unit when it is discharging.

4. The inlet of the sewer pipe shall be provided with a suitable fly-tight cover.

5. The sanitary [ dump ] station shall be provided with a water outlet to permit wash down of the immediate area after each use and so arranged as to prevent a cross-connection or back siphonage.

6. Each water outlet used for such purposes shall display a sign stating, in effect, "Notice: Unsafe Water Outlet-This water is for wash-down purposes only."

F. [ If a campground dump station is connected to a sewage holding tank that does not receive sewage or liquid wastes from any other source, the pumping and hauling of sewage from that holding tank shall be exempt from the pump and haul permit requirements and procedures of 12VAC5-610-410, 12VAC5-610-420, and 12VAC5-610-440. However, the owner of the campground must obtain a construction permit as described in 12VAC5-430 prior to construction of the holding tank.

G. ] A slop sink or suitable drain shall be provided within 500 feet of all campsites for the disposal of liquid cooking and wash water wastes, unless a dump station is accessible for this purpose. Adequate provision shall be made by the permit holder [ of a campground ] to assure that the slop sink or other suitable drain is kept in a sanitary condition and is used for the purpose for which it was intended.

[ G. H. ] Individual sewer connections for camping vehicles, if provided, shall be installed in accordance with the following provisions:

1. The individual sewer (equivalent to the building sewer for a permanent building), shall be at least four inches in diameter, shall be trapped below the frost line, and shall be laid at depths sufficient to provide adequate protection against physical injury.

2. The sewer inlet shall (i) consist of a four-inch riser extending, at a minimum, four inches above the surface of the surrounding ground to accommodate a hose connection from the camping vehicle, or so (ii) be designed as to divert surface drainage away from the riser. The riser shall be imbedded firmly in the ground and be protected against heaving and shifting.

3. The sewer riser shall be equipped with a standard ferrule and close nipple provided with a tight cap or expanding sewer plug. The screw cap or sewer plug shall be fastened by a durable chain to prevent removal while the sewer riser is in use. When the sewer riser is not in use, it shall be capped or plugged.

4. The sewer hose between the camping vehicle drain and the sewer riser shall be watertight, and shall be of flexible, noncollapsible, corrosion and weather-resistant material of suitable diameter to fit the camping vehicle drain. Its lower end shall be secured into the open sewer riser with a gasket of rubber or other suitable material. All joints shall be effected so as to prevent the leakage of sewage, or odor or prevent the entrance of rodents [ or insects ].

12VAC5-450-100. Service buildings Sanitary facilities.

A. Each campground shall be provided with one or more service buildings which contain provide an adequate number of toilet and sanitary facilities. The minimum ratio of sanitary facilities to the number of campsites shall be provided according to is established in the following schedule:. [ The provision of showers and lavatories is optional on the part of the campground owner, but when they are provided the schedule will apply. ] Facilities shall either be gender-balanced in number or single-occupant access with no gender designation.

B. For campgrounds having more than 150 campsites located, in the opinion of the Health Commissioner, contiguously contiguous to the service building or buildings sanitary facilities required by the schedule in subsection A of this section, there shall be provided one two toilet seat seats and one lavatory for each sex two lavatories for each additional 30 campsites, and one two additional shower showers for each additional 40 campsites and one additional men's urinal for each 100 campsites. When Regardless of the number of campsites, when [ a section or sections portions ] of a campground are found to be incontiguous noncontiguous, the Health Commissioner may shall apply the schedule in subsection A above in determining the adequacy of the fixtures of this section for such [ section portion ] of the campground. Whenever the number of campsites fall in between the numbers listed above, the larger number of required fixtures shall apply when a major fraction of the difference in the two numbers is attained.

C. Primitive camps shall be exempted from the provisions for lavatories and showers. If, however, any showers are provided at a campground designated as a primitive camp, the schedule in subsections A and B shall apply.

C. Campsites [ with individual sewer connections ] used solely for self-contained camping units or cabins with [ indoor plumbing and ] approved sewage disposal shall not count towards the number of campsites used to determine the minimum number of [ fixtures facilities ] required in subsections A and B of this section. If all campsites in a campground are used solely for self-contained camping units or cabins, then the campground shall provide [ at least ] the required number of facilities for a campground of 15 campsites or fewer.

D. When a campground is operated in connection with a resort or other business operation, the campground facilities provided shall be in excess of those required by the schedules in subsections A and B of this section by the number of facilities required by the Virginia Statewide Building Code (13VAC5-63) or other applicable regulation.

E. Sanitary facilities required by subsections A and B of this section may be in service buildings or may be [ in other sanitary facilities ] located outside of service buildings. Privies of a type approved by 12VAC5-610-980 may be substituted for flush toilets [ and shall be when ] provided according to the schedule in subsection A of this section. Where present, privies shall be maintained in good repair, pumped as needed, and kept clean and sanitary at all times. When portable privies are used to meet the requirements of the schedule in subsection A of this section, they shall not serve nonprimitive campsites or more than 30 campsites in a campground.

D. F. Urinals may be substituted for up to one half of the required male toilets. Where existing urinal troughs are used, two feet of urinal trough shall constitute one urinal.

E. Exemptions. Any person desiring to furnish temporary facilities for accommodating a travel trailer rally, or other group of camping units assembled for the purpose of traveling together, shall make application for such activity to the Health Commissioner through the local health department having jurisdiction, 15 days in advance of the intended date of use. The requirements for a service building may be waived by the Health Commissioner on the determination that public health will not be endangered; but the location of the site, the facilities which must be provided, and the method of conducting such rally shall be acceptable to the Health Commissioner before a special permit shall be issued specifying the location of the site, the period of operation not to exceed seven days, and any conditions of issuance.

F. A slop sink or suitable drain shall be provided within 500 feet of all campsites for the disposal of liquid wastes unless a sanitary station is accessible for this purpose. Adequate provision shall be made by the operator of a campground to assure that the slop sink or other suitable drain, if necessary, is kept in a sanitary condition and is used for the purpose for which it was intended such as the disposal of dish water and wash water.

G. Lavatories shall be provided adjacent to the toilet fixtures.

H. When a campground is operated in connection with a resort or other business establishment, the total number of sanitary facilities shall be in excess of those required by the aforementioned schedules and shall be based on the total number of persons using such facilities.

I. Service buildings shall be located no farther than 500 feet from any campsite served by such building, nor closer than 30 feet to any campsite. When two or more service buildings exist, the ratio of fixtures as specified in subsections A and B shall be in approximate relation to the number of campsites located within a 500 foot radius of each building.

J. G. All service buildings [ sanitary facilities service buildings ] and the commodes toilets, urinals, lavatories, shower showers, and other appurtenances located therein shall be maintained in a state of good repair and shall be kept in a clean and sanitary condition at all times. Toilet and shower rooms shall not be used for miscellaneous storage during operation of the campground.

K. All doors to the exterior from service buildings shall be self-closing.

L. Toilet rooms, shower rooms and other areas receiving heavy camper use shall not be used for miscellaneous storage during operation of the camp.

M. H. Toilet tissue shall be provided at each privy or and toilet seat, and a covered receptacle for sanitary product disposal shall be provided at each privy and female [ and gender-neutral ] toilet. Where provided, lavatories shall be in the immediate vicinity of toilet fixtures, and soap and a method of hand drying shall be provided.

N. I. Shower compartments, whether individual type with partitions or group type without partitions, shall have not less than 1,024 square inches in floor area and, if rectangular, square or triangular in plan, shall be not less than at least 30 inches in shortest dimension.

O. In a campground where there is a combination of campsites, part of which are provided with a water connection and a sewer outlet, the minimum number of fixtures as required in subsections A and B above may be adjusted by the Health Commissioner based on individual conditions provided any request for an adjustment complies with 12VAC5-450-190.

J. Sanitary facilities shall be located no farther than 500 feet from any campsite served by such building nor closer than 30 feet from any campsite. [ However Additionally ], privies shall be no closer than 50 feet from any campsite. When two or more service buildings or areas with other sanitary facilities exist, the ratio of [ fixtures facilities ] as specified in subsections A and B of this section shall be in approximate relation to the number of campsites located within a 500-foot radius of each building.

12VAC5-450-110. Structural requirements for service buildings.

A. All portions of the structure shall be properly protected from damage by ordinary use and by decay and corrosion. Exterior portions shall be of such material and be so constructed and protected as to prevent entrance or penetration of moisture and weather.

B. Effective ventilation of all service buildings shall be provided to prevent condensation, moisture, and odors.

C. Interior of service buildings shall be finished in a light color and provided with adequate natural or artificial illumination, or both.

D. The floors of toilet and shower rooms shall be sloped to a properly trapped floor drain connected to the sewerage system.

E. Partitions between flush toilets in the same room shall be raised a minimum of eight inches from the floor to permit easy cleaning.

F. The interior finish of such buildings shall be of moisture resistant and easily cleanable material which that will withstand frequent washing and cleaning. Special attention shall be given wall finishes immediately around lavatories, urinals, commodes and toilets and in showers to insure ensure a surface in these heavily used areas which that will withstand commercial use.

G. The floors shall be constructed of material impervious to water and be of easily cleanable material. Duck boards or walk ways walkways made of wood or other absorptive material shall not be permitted.

H. All windows and openings to the outside from areas containing commodes toilets and urinals shall be provided with fly-proof screening material of at least 16 mesh per inch.

I. [ Water closets Toilets ] and bathing facilities shall not be located in the same compartment.

J. Permanent service buildings shall be provided with an artificial light at the entrance to the building to facilitate its use at night: Provided, that primitive. Primitive camps with privies may be exempted are exempt from this requirement.

K. Service buildings shall have appropriate signs to denote its use such as "Men's Toilet," "Women's Toilet," "Showers," etc.

L. Showers shall be equipped with [ a drain or ] drains which will that prevent the shower water from running across floors that are used for other purposes.

M. All fixtures shall be of durable material which will be that is capable of withstanding the heavy usage which that public facilities receive.

N. All doors to the exterior from service buildings shall be self-closing.

12VAC5-450-115. Cabins and other rental units.

A. All cabins, yurts, and other camping units offered for [ rent use ] to campers, [ whether for free or for a fee, ] including self-contained camping units and other mobile units, and the equipment, fixtures, and furnishings contained therein shall be kept clean, in good repair, free of vermin, and maintained so as to protect the health, safety, and well-being of persons using those facilities.

B. When provided, dishes, glassware, silverware, and other cooking implements must be kept in a clean and sanitary condition. If such items are not washed [ by campground staff ] between occupants, the permit holder must post a sign alerting cabin occupants that kitchen items are not washed under management supervision.

C. When provided, box springs, mattresses, and other furnishings shall be clean and in good repair. Conventional mattress covers or pads shall be used for the protection of mattresses and shall be kept clean and in good repair. When provided, all sheets, pillowcases, towels, washcloths, and bathmats shall be kept clean and in good repair, freshly laundered between occupants, and changed at least once every seven days if used by the same occupant. When a blanket is placed on the bed, the upper sheet shall be of sufficient length to fold and overlap the top section of the blanket. All blankets, quilts, bedspreads, and comforters shall be maintained in a sanitary and good condition, and all clean bedding and linen shall be stored in a clean and dry place.

D. When provided, smoke detectors and fire extinguishers shall be functional and serviced as appropriate.

E. Bed arrangements [ of lodging units ] shall provide suitable clear space between each bed, cot, or bunk to allow for ingress to and egress from the [ lodging unit cabin, yurt, or other camping unit ]. There shall be sufficient space between the floor and the underside of the beds to facilitate easy cleaning. In lieu of such space, the bed shall have a continuous base or shall be on rollers.

F. Measures shall be taken to prevent the infestation of cabins and other [ rental camping ] units by rodents, bedbugs, and vector insects.

12VAC5-450-130. Insect, rodent, and weed control.

A. [ Camping places Campgrounds ] shall be kept free from cans, jars, buckets, old tires, and other articles which that may hold water and provide temporary breeding places for mosquitoes. Mosquito control measures and supplemental larvicidal measures shall be undertaken by the [ owner permit holder ] when the need is indicated.

B. Fly and rodent breeding shall be controlled by eliminating the insanitary practices which provide breeding places. The area surrounding the garbage cans shall not be permitted to become littered with garbage nor saturated with waste liquid from garbage. [ Infestations of rodents or flies, ticks, mosquitos, or other insects of public health concern shall be evidence that sufficient vector control measures have not been implemented and shall be considered a violation of these regulations. ]

C. The growth of weeds, grass, poison ivy, or other noxious plants shall be controlled as a safety measure and as a means toward the elimination of ticks and chiggers. Pesticidal measures shall be applied, if necessary, provided the pesticide and its use is in accordance with the rules promulgated by the Pesticide Control Board Board of Agriculture and Consumer Services.

D. The campsite and the premises shall be maintained in a clean and orderly manner.

12VAC5-450-140. Swimming pools and outdoor bathing facilities.

The construction, modification, maintenance, operation, and use of any swimming pool at a campground, if provided, shall be subject to the State Board of Health regulations adopted under §§ 35.1-17 of the Code of Virginia Regulations Governing Tourist Establishment Swimming Pools and Other Public Pools (12VAC5-460) and [ the ] Swimming Pool Regulations Governing the Posting of Water Quality Test Results (12VAC5-462).

12VAC5-450-150. Safety.

A. The electrical installation and electrical hook-up provided [ travel trailers, and other similar units to self-contained camping units and other mobile units ] shall be in accordance with the provisions of local electrical ordinances, or if no such ordinance exists, in accordance with the provisions of the [ National Electrical Code Virginia Statewide Building Code (13VAC5-63) ], applicable at the time of installation.

B. Adequate precautions shall be exercised by the operator The permit holder shall exercise precautions to prevent the outbreak of fires. If open fires are permitted, there shall be a definite area shall be provided within the bounds of each campsite for the building of fires by the camper, with a cleared area surrounding the firesite fire site to aid in fire control.

C. Adequate precautions shall be taken by the operator The permit holder shall take precautions in the storage and handling of gasoline, gas cylinders, or other explosive materials, in accordance with local, state, and national safety standards.

D. The operator permit holder shall make adequate provisions for the use and control of mini-bikes all-terrain vehicles, trail bikes, and other similar vehicles within the confines of the camping area to prevent accidents to small children and campers.

E. Broken bottles, glass, and other sharp objects shall not be allowed to create a hazard to children or others.

F. A register shall be kept for recording the names of all campers, the date of campsite occupancy by each camper, and the number and location of occupied campsites.

G. Campground permit holders shall develop and maintain an emergency response plan. This plan shall include identification of a point of contact during emergency incidents and a written plan for communicating emergency response information to campers. The plan shall also include provisions for camper safety, identification, and evacuation in the event of natural disasters, fires, or other emergencies. Contact telephone numbers for local police, fire response, and emergency medical services shall be posted in a central location in all campgrounds.

12VAC5-450-170. Control of animals and pets.

A. Every pet permitted in a campground Pets shall be maintained under control at all times and shall not be permitted to create a public health problem. Dogs shall be kept on leash at all times. Dung Animal waste shall be removed immediately and be disposed of in a waste receptacle or buried in a location which that will not interfere with the use of the site for camping purposes [ campsite campground ].

B. Any kennels, pens, or other facilities provided for such pets, including horses, shall be maintained in a sanitary condition at all times.

12VAC5-450-180. Overflow areas.

A. It shall be unlawful for any person operating a campground to exceed the design capacity of the campground as stated on the [ health ] permit by the use of certain unequipped areas as an overflow area for campers, camping clubs or rallies unless and until the overflow area and its proposed use have been approved by the Health Commissioner in writing as to the specific location of the overflow area, number and location of sanitary facilities, size and number of campsites, and such other factors as may be deemed necessary to prevent overcrowding and the accompanying insanitary conditions.

B. The length of stay of any camping unit permitted to use an area specifically designated and approved as an overflow area shall be limited to a 12 hour period. Overflow areas are to be used for incidental traffic only and are not for planned temporary camping.

12VAC5-450-183. Primitive campgrounds.

A. Campgrounds or sections of campgrounds may be [ permitted designated ] as primitive in the absence of [ flush ] toilets, showers and lavatories, and electrical connections [ , or any combination thereof ]. Campsites shall be designated primitive at the time of permitting.

B. Primitive campgrounds or sections of campgrounds with only primitive campsites shall be exempt from the following requirements of this chapter:

1. Campsite identification requirements of 12VAC5-450-70 D. Although individual primitive campsites do not need to be marked, the overall campground size shall be large enough to accommodate campsites arranged according to the size and density requirements of 12VAC5-450-70 B and C.

2. Potable water requirements of 12VAC5-450-80, provided that the primitive campground or section thereof has 10 campsites or fewer [ , ] and the following signage is clearly posted at the entrance to the primitive campground or section thereof: "No potable water provided at this campground." When potable water is provided, all requirements of 12VAC5-450-80 shall apply.

3. Where water is not provided, slop sink requirements of 12VAC5-450-90 [ F G ].

4. Lavatory and shower requirements of 12VAC5-450-100 A. If the primitive campground provides showers or lavatories then the schedule in 12VAC5-450-100 A shall apply.

5. Garbage and refuse disposal requirements of 12VAC5-450-120, provided the primitive campground or section thereof has 10 campsites or fewer, and [ the campground shall display a sign stating, in effect the following signage is clearly posted at the entrance to the primitive campground or section thereof ]: "Pack It In, Pack It Out, no garbage collection provided, please remove your own garbage from this campground."

6. Weed, grass, and noxious plant control measures as specified in 12VAC5-450-130 C. If pesticide measures are taken, then all pesticide use must be done in accordance with rules promulgated by the Board of Agriculture and Consumer Services.

12VAC5-450-187. Temporary campgrounds.

Temporary campgrounds, as permitted under 12VAC5-450-40 F, shall be exempt from the following requirements of this chapter:

1. Density, size, and designation requirements of 12VAC5-450-70 [ A B ] through D. However, temporary campgrounds shall establish a maximum number of campsites and campers. [ Campground Temporary campground ] permit holders shall ensure that the size, location, and orientation of campsites do not prohibit the safe and timely evacuation of campsites in the event of an emergency, and that vehicular traffic routes and parking are located where they do not pose a safety risk to campers.

2. Permanent water supply requirements of 12VAC5-450-80.

a. If potable water is provided in the form of a waterworks or private well, then it must comply with 12VAC5-450-80 A, B, and D through I. If no piped water source is provided, then bottled water that complies with 21 CFR Part 129 shall be available, and the unavailability of piped water must be advertised to campers prior to the time of the temporary camping event.

b. Water may be [ hauled transported ] in from a source that meets the requirements of 12VAC5-450-80 A. Water shall be transported in tanks of food-grade construction and maintain a one-parts-per-million chlorine residual. Any tanks, hoses, or appurtenances that are used to distribute water shall be of food-grade construction, be disinfected between uses, and be protected from contamination [ and backflow ].

3. The dump station and slop sink requirements of 12VAC5-450-90 D, E, and [ F G ].

a. Greywater disposal barrels or approved equivalents shall be provided and serviced during the event unless all of the following conditions apply: (i) piped water is not available, (ii) portable showers and handwashing sinks are provided, and (iii) cooking and campfires are prohibited. Only water from cooking, washing, or bathing shall be disposed of in greywater barrels.

b. If self-contained camping units are present at the campground, a sewage handler shall be available to pump holding tanks as appropriate during the event. Sewage handlers must possess a valid sewage handling permit as required by 12VAC5-610 and any licensure required by the Board for Waterworks and Wastewater Works Operators and Onsite Sewage Professionals in accordance with that board's regulations (18VAC160-30 and 18VAC160-40) and [ Chapters 1 (§ 54.1-100 et seq.), 2 (§ 54.1-200 et seq.), 3 (§ 54.1-300 et seq.), and 23 (§ 54.1-2300 et seq.) of ] Title 54.1 of the Code of Virginia.

4. Permanent [ sanitary ] facility requirements in 12VAC5-450-100 A, B, and I. However, portable toilet facilities shall be provided at the ratio of at least one toilet for every 75 campers, and at least one toilet shall comply with the Americans with Disabilities Act (42 USC § 12101 et seq.). No campsite shall be farther than 500 feet from any portable toilet. Portable sinks and showers are not required [ for events of four days or less ], although hand sanitizer must be provided in all portable toilets where portable sinks are not provided. All portable units shall be serviced at least daily during the event unless the applicant can demonstrate that they are provided in numbers significant enough to warrant a reduced-maintenance service schedule. If the temporary campground has permanent bathroom facilities, facilities may count towards the required number of portable [ privies toilets ]. Campers who will be camping in self-contained camping units shall not be counted toward the total number of campers in calculating the required number of portable [ privies toilets ].

12VAC5-450-190. Waiver Variances.

A. One or more of the provisions in the above regulation regulations in this chapter may be waived in whole or in part when, in the opinion of the Health Commissioner, there are factors or circumstances which render compliance with such provision(s) unnecessary; provided, that such provision(s) shall be specifically exempt in writing by the Health Commissioner. the hardship imposed by the regulations, which may be economic, outweighs the benefits that may be received by the public and that granting such a variance does not subject the public to unreasonable health risks or environmental pollution. Variances shall be issued in writing by the Health Commissioner.

B. It shall be the duty of the campground operator to file a written request for such waiver in which the reasons for noncompliance of a certain provision(s) are stated fully. If data, test or other adequate information is necessary to the rendering of a decision by the Health Commissioner, it shall be the responsibility of the applicant to provide such evidence. Any permit holder who seeks a variance shall apply in writing to the local health department. The application shall include:

1. A citation to the regulation from which a variance is requested;

2. The nature and duration of the variance requested;

3. Evidence that establishes that the public health and welfare [ , ] and the environment would not be adversely affected if the variance were granted;

5. Suggested conditions that might be imposed on the granting of a variance that would limit the detrimental impact on the public health and welfare;

6. Other information believed pertinent by the applicant; and

7. Such other information as the district or local health department or Health Commissioner may require.

C. [ The Health Commissioner shall issue a case decision regarding the variance request within 90 days of receipt. The campground operator or other named party may appeal any adverse decision regarding a variance request pursuant to the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). If the Health Commissioner proposes to grant a variance request, the permit holder shall be notified in writing of this decision within 90 days of receipt of the variance request. If the Health Commissioner proposes to deny the variance request, the Health Commissioner shall notify the permit holder of the proposed denial within 90 days of receipt of the variance request and provide an opportunity for an informal fact-finding conference as provided in § 2.2-4019 of the Code of Virginia. ]

12VAC5-450-200. Penalties.

Any person who violates any provision of this chapter shall, upon conviction, be punished by a fine of not less than $10 nor more than $100; and each day's failure of compliance with any provision shall constitute a separate violation may be subject to penalties provided by § 35.1-7 of the Code of Virginia.

12VAC5-450-210. Constitutionality. (Repealed.)

If any provision of any section of this chapter is declared unconstitutional, or the application thereof to any person or circumstance is held invalid, the validity and constitutionality of the remainder of such regulations shall not be affected thereby.

12VAC5-450-230. Exemptions. (Repealed.)

Whenever it is found that existing facilities provided at a campground prior to the effective date of this chapter such as the size of campsites and design of structures are in noncompliance, and that the required changes would work an undue hardship on the operator and not materially affect the public health or safety, such major items shall be exempted from this chapter. Other nonconforming items at existing campgrounds such as dump station requirements and number of sanitary facilities may continue in use for a reasonable period of time not to exceed two years from the effective date, provided that a diligent effort is made by the owner to effect compliance. All new campgrounds, sections added to existing campgrounds and additions and extensions within existing campgrounds shall be subject to the provisions of this chapter.

[ FORMS (12VAC5-450)

Application for a Campground Operation Permit, TER‑CG‑1 (eff. 11/2018)

Application for Campground Plan Review, TER‑CG‑2 (eff. 11/2018)

Annually-Permitted Campground Inspection Report, TER‑CG‑3 (eff. 11/2018)

Temporary Campground Inspection Report, TER‑CG‑4 (eff. 11/2018) ]