Bill Text: MI SB0169 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Recreation; campgrounds; license and permit regulations for campgrounds; revise, and incorporate rules on sewage systems and water requirements into statute. Amends secs. 12501, 12505, 12506, 12506a, 12506b, 12507, 12508, 12509, 12510, 12511, 12512, 12514, 12515 & 12516 of 1978 PA 368 (MCL 333.12501 et seq.); adds secs. 12502, 12505a, 12508a, 12508b, 12508c, 12508d, 12508e, 12508f, 12508g, 12508h, 12508i, 12508j & 12508k & repeals sec. 12513 of 1978 PA 368 (MCL 333.12513).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-21 - Referred To Committee On Outdoor Recreation And Tourism [SB0169 Detail]
Download: Michigan-2017-SB0169-Introduced.html
SENATE BILL No. 169
February 21, 2017, Introduced by Senator BOOHER and referred to the Committee on Outdoor Recreation and Tourism.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12501, 12505, 12506, 12506a, 12506b, 12507,
12508, 12509, 12510, 12511, 12512, 12514, 12515, and 12516 (MCL
333.12501, 333.12505, 333.12506, 333.12506a, 333.12506b, 333.12507,
333.12508, 333.12509, 333.12510, 333.12511, 333.12512, 333.12514,
333.12515, and 333.12516), sections 12501, 12505, 12506, 12507,
12508, 12509, 12512, 12514, and 12516 as amended and sections
12506a, 12506b, and 12510 as added by 2004 PA 408, and by adding
sections 12502, 12505a, 12508a, 12508b, 12508c, 12508d, 12508e,
12508f, 12508g, 12508h, 12508i, 12508j, and 12508k; and to repeal
acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 12501. (1) As used in this section and sections 12501
2 12502 to 12516:
1 (a) "Alteration to a sewage system" means the modification of,
2 or addition to, an existing sewage collection, pumping, treatment,
3 or disposal system or a portion of the system that affects the
4 flow, capacity, system service area, or reliability of the system.
5 (b) "Alteration to a water system" means the modification of,
6 or addition to, an existing waterworks system or portion of the
7 system that affects the flow, capacity, system service area,
8 source, treatment, or reliability of the system.
9 (c) (a) "Campground"
means a parcel or tract of land under the
10 control of owned or
leased by a person, in
which sites that has 5
11 or more campsites that are designated for recreational units and
12 offered for the use of by the public or members
of an organization,
13 either free of charge or for a fee. , for the establishment
of
14 temporary living quarters for 5 or more recreational units.
15 Campground does not include a mobile home park or seasonal mobile
16 home park licensed under the mobile home commission act, 1987 PA
17 96, MCL 125.2301 to 125.2349.125.2350.
18 (d) "Camping cabin" means a recreational unit that is a hard-
19 sided tent or shelter, is less than 400 square feet of enclosed
20 area, and is not attached to the ground by a permanent foundation
21 or permanently connected to water, electric, or sewer services.
22 (e) "Campsite" means a parcel or tract of land within a
23 campground that has a minimum of 1,200 square feet for 1 or more
24 recreational units to occupy for a specified period, and that
25 provides a minimum of 4 feet of unobstructed pathway around each
26 recreational unit. A campsite includes, but is not limited to, a
27 fixed location for a single recreational unit or group camping
1 areas for multiple recreational units that are limited to 8
2 individuals per site.
3 (f) "Campsite service building" means a lavatory building
4 designed and intended to service a single campsite.
5 (g) (b) "Department"
means the department of environmental
6 quality.
7 (c) "Local health department" means that term as
defined under
8 section 1105.
9 (h) "Fund" means the campground fund created in section
10 12506b.
11 (i) "Group campground site" means an area designated for group
12 camping within a campground or a group of individual campsites
13 designated for group camping.
14 (j) (d) "Mobile
home" or "manufactured
home" means a structure
15 , that consists of
more than 400 square feet of enclosed area is
16 transportable in 1 or more sections; , which is built on a chassis;
17 and is designed to be used as a dwelling with or without
permanent
18 foundation , when
connected to the required utilities;
, and
19 includes the plumbing, heating, air conditioning, and electrical
20 systems contained in the structure.
21 (k) "Modern campsite" means a campsite at which water, flush
22 toilets, and water under pressure are available at a service
23 building or at which water outlets and sewer connections are
24 available.
25 (l) "One-hundred-year flood" means a flood that has a 1%
26 chance of being equaled or exceeded in any given year.
27 (m) "One-hundred-year floodplain" means the land area impacted
1 by a 100-year flood.
2 (n) (e) "Person"
means a person as defined in section 1106 or
3 a governmental an
individual, partnership, corporation,
4 association, governmental entity, or other legal entity.
5 (o) "Primitive campsite" means a campsite at which water under
6 pressure and electricity are not available.
7 (p) (f) "Recreational
unit" means a tent or vehicular-type
8 structure, a unit primarily designed as temporary transient or
9 seasonal living quarters for recreational, camping, or travel use.
10 , which either has its own motive power or is mounted on or drawn
11 by another vehicle which is self-powered. Recreational unit does
12 not include a mobile home or manufactured home used as a temporary
13 or permanent dwelling, residence, or living quarters. Recreational
14 unit includes, but is not limited to, any of the following:
15 (i) A camping cabin.
16 (ii) A
tent. means a collapsible shelter of canvas or other
17 fabric stretched and sustained by poles and used for camping
18 outdoors. Recreational unit includes the following:
19 (iii) (i) A
travel trailer, which is a vehicular portable
20 structure, trailer,
or pop-up camper that is mounted on
wheels, of
21 such is designed to
be towed by a motor vehicle, and is a
size or
22 and weight as not to that does not require special highway movement
23 permits. when drawn by a vehicle, primarily designed and
24 constructed to provide temporary living quarters for recreational,
25 camping, or travel use.
26 (ii) A
camping trailer, which is a vehicular portable
27 structure mounted on wheels and constructed with collapsible
1 partial sidewalls of fabric, plastic, or other pliable material
2 which fold for towing by another vehicle and unfold at the campsite
3 to provide temporary living quarters for recreational, camping, or
4 travel use.
5 (iv) (iii) A
motor home, which is a vehicular structure motor
6 coach, or bus that contains living quarters built on a self-
7 propelled motor vehicle chassis.
, primarily designed to provide
8 temporary living quarters for recreational, camping, or travel use.
9 (v) (iv) A
truck camper , which that
is a portable structure
10 and designed to be loaded onto, or affixed to, the bed or chassis
11 of a truck. , constructed to provide temporary living quarters
for
12 recreational, camping, or travel use. Truck campers are of 2 basic
13 types:
14 (A) A slide-in camper, which is a portable structure designed
15 to be loaded onto and unloaded from the bed of a pickup truck,
16 constructed to provide temporary living quarters for recreational,
17 camping, or travel use.
18 (B) A chassis-mount camper, which is a portable structure
19 designed to be affixed to a truck chassis, and constructed to
20 provide temporary living quarters for recreational, camping, or
21 travel use.
22 (v) A
single sectional mobile home used only to provide
23 temporary living quarters for recreational, camping, or travel use.
24 Recreational unit does not include a mobile home used as a
25 permanent dwelling, residence, or living quarters.
26 (vi) A park model, which is a transportable unit on a single
27 chassis with not more than 400 square feet of enclosed area and
1 that is not fixed to the ground by a permanent foundation or
2 permanently connected to water, electric, or sewer services.
3 (vii) An elevated, hard-sided tent or shelter affixed to a
4 tree.
5 (viii) A watercraft or boat.
6 (ix) A motorized vehicle.
7 (q) "Sanitary facilities" means all of the following:
8 (i) The water supply and all water distribution facilities.
9 (ii) The sewage collection, sewage treatment, and sewage
10 disposal facilities.
11 (iii) Service buildings or sanitary stations.
12 (r) "Sanitary station" means a facility at which recreational
13 units equipped with freshwater storage tanks and sewage holding
14 tanks are serviced.
15 (s) "Season" means spring, summer, fall, or winter.
16 (t) "Seasonal campsite" means a campsite designed and intended
17 to be occupied for an entire season.
18 (u) "Seepage pit" means a nonseptic effluent absorption system
19 designed to receive water and gray water from sinks, laundry, and
20 showers.
21 (v) "Service building" means a structure or portion of a
22 structure that is used to house water closet, lavatory, or shower
23 facilities for multiple campsites.
24 (w) "Site water connection" means a device located at a
25 campsite to which a recreational unit may connect to supply potable
26 water to the unit. A site water connection must be able to supply
27 at least 1 gallon per minute to each site if it serves a mobile
1 home or park model recreational unit and at least 0.5 gallon per
2 minute to each other site it serves.
3 (x) "Temporary campground" means a campground that offers
4 campsites for not more than 20 days each year.
5 (y) "Temporary campsite" means a campsite offered by a
6 campground as an additional or overflow campsite on a temporary
7 basis for not more than 20 days each year.
8 (z) "Tent" means a collapsible shelter of canvas or other
9 fabric stretched and sustained by poles and used for camping
10 outdoors. Tent includes a yurt, tepee, or lean-to.
11 (aa) "Transient campsite" means a campsite designed and
12 intended to be occupied for less than a season.
13 (bb) "Yurt, tepee, or lean-to" means a temporary shelter that
14 is a blend of canvas or other fabric and hard-sided construction.
15 (2) In addition, article 1 contains general definitions and
16 principles of construction applicable to all articles in this code.
17 Sec. 12502. Beginning on the effective date of the amendatory
18 act that added this section, a person shall not place a mobile home
19 or manufactured home on a campsite. This section does not apply to
20 a campsite on which a mobile home or manufactured home is located
21 on the day before the effective date of the amendatory act that
22 added this section but only as long as that mobile home or
23 manufactured home remains unmoved from that campsite. If a mobile
24 home or manufactured home that is located on a campsite on the day
25 before the effective date of the amendatory act that added this
26 section is moved from that campsite, a person shall not place any
27 other mobile home or manufactured home on that campsite.
1 Sec. 12505. (1) A person shall not begin to construct, alter,
2 or engage in the development of develop a campground that will
3 result in more than $10,000.00 of total project cost without first
4 obtaining a construction permit from the department. Applications A
5 person shall submit an application for a construction permit shall
6 be submitted to the
department on a form prescribed
by the
7 department, along with the fee as prescribed in section 12506a. The
8 application applicant
shall contain include all of the following in
9 an application submitted under this section:
10 (a) A description of the proposed project.
11 (b) The name and address of the applicant.
12 (c) The location of the proposed project.
13 (d) A site plan with 4 sets of plans drawn to scale. The
14 applicant shall submit 3 sets of the plans to the department and 1
15 set to the local health department that has jurisdiction.
16 (e) A description of the proposed method of garbage and refuse
17 storage and disposal.
18 (2) A person that constructs, alters, or develops a campground
19 shall do all of the following:
20 (a) Ensure that the campground is not located where it may be
21 detrimental to the public health, safety, and welfare.
22 (b) Ensure that the campground is not located on top of a
23 completed type II landfill as described in part 115 of the natural
24 resources and environmental protection act, 1994 PA 451, MCL
25 324.11501 to 324.11554.
26 (c) Ensure that the campground is not located on a completed
27 hazardous waste disposal facility as described in part 111 of the
1 natural resources and environmental protection act, 1994 PA 451,
2 MCL 324.11101 to 324.11153.
3 (d) Except as otherwise provided in this subdivision, locate
4 all outlets to the water distribution system above the elevation
5 defining the 100-year floodplain. This subdivision does not apply
6 to water outlets constructed before the effective date of the
7 amendatory act that added this subdivision.
8 (e) Except as otherwise provided in this subdivision, locate
9 the top of the site sewer connections above the elevation defining
10 the 100-year floodplain. This subdivision does not apply to sewer
11 risers constructed before the effective date of the amendatory act
12 that added this subdivision.
13 (3) If the total project cost of the construction, alteration,
14 or development of the campground is more than $15,000.00, the
15 applicant shall have an engineer who is licensed in this state
16 prepare all plans for the campground's sanitary facilities or for
17 additions or alterations to the campground's existing sanitary
18 facilities.
19 Sec. 12505a. (1) A construction permit issued under section
20 12505 is nontransferable unless the department consents in writing
21 to the permit transfer. A construction permit expires 3 years after
22 its date of issuance unless the department grants a 1-year
23 extension.
24 (2) The department shall not include delays in construction
25 incurred by reason of litigation incident to the planning or
26 construction of a campground in calculating the date a permit
27 expires under subsection (1). If a permit extension is granted
1 under subsection (1), the department may require revisions to the
2 plans that would be required for approval under sections 12501 to
3 12516 if the plans were being submitted at the date the extension
4 is granted. The department shall list any conditions or
5 stipulations for license approval on the construction permit.
6 Sec. 12506. (1) A person shall not operate a campground
7 without a campground license issued by the department , or its
8 agent or representative. , or a representative of a designated
9 local health department. An A person shall submit an application
10 for a campground license shall be submitted to the department , or
11 its agent or representative, or a representative of a designated
12 local health department along
with the license fee as prescribed in
13 under section 12506a.
14 (2) A person shall not operate a temporary campground without
15 a license issued by the department, its agent or representative, or
16 a representative of a designated local health department. A person
17 shall submit an application for a temporary campground license to
18 the department, its agent or representative, or a representative of
19 a designated local health department, along with the license fee
20 under section 12506a.
21 (3) (2) The person must include all of the following in an
22 application shall contain the following:submitted under this
23 section:
24 (a) The name and address of the applicant.
25 (b) The location of the campground.
26 (c) Information regarding physical facilities.
27 (4) (3) The A
campground license shall expire expires on
1 December 31 of each year or every third year if the annual renewal
2 fee is paid or as stipulated on the license, whichever is sooner.
3 Sec. 12506a. (1) The fees related to campground regulation
4 under this part are as follows:
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new or
9 temporary campground as follows:
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19 (2) The department may adjust the amounts prescribed in
20 subsection (1) every 3 years by an amount determined by the state
21 treasurer to reflect the cumulative annual percentage change in the
22 Detroit consumer price index and rounded to the nearest dollar.
23 (a) Construction permit fees for a new campground are as
24 follows:
1 (i) For a campground with fewer than 50 campsites, $225.00.
2 (ii) For a campground with 50 to 100 campsites, $600.00.
3 (iii) For a campground with 101 to 500 campsites, $1,500.00.
4 (iv) For a campground with more than 500 campsites, $2,500.00.
5 (b) Construction permit fees for an addition, alteration, or
6 modification of an existing campground are as follows:
7 (i) For a project with a total cost of less than $10,000.00,
8 no fee under this part other than a fee collected by a local health
9 department under section 12510. Except as provided in section
10 12508f(1), alterations under $10,000.00 must be reported to the
11 department on the next scheduled application for a campground
12 license report.
13 (ii) For a project with a total cost of $10,000.00 to
14 $25,000.00, $400.00.
15 (iii) For a project with a total cost of more than $25,000.00,
16 $600.00.
17 (c) A campground owner may choose between an annual license or
18 a 3-year license. Annual license fees are as follows:
19 (i) For a campground with 3 to 50 campsites, $75.00.
20 (ii) For a campground with 51 or more campsites, $1.50 per
21 campsite.
22 (d) A 3-year license fee is the appropriate annual license fee
23 listed in subdivision (c) multiplied by 3.
24 (e) The license transfer fee is $100.00.
25 (f) Application fees are as follows:
26 (i) Annual license application fee for a campground with 3 to
27 50 campsites, $25.00.
1 (ii) Annual license application fee for a campground with 51
2 or more campsites, $50.00.
3 (iii) Application fee for any 3-year campground license,
4 $0.00.
5 (2) The department shall invoice the annual license renewal
6 fees for campgrounds by November 1. If a person operating a
7 campground does not pay the annual license renewal fee by January
8 31, the person shall pay a $100.00 late fee, and shall pay an
9 additional $50.00 late fee for every month after January 31 that
10 the fee is not paid to a maximum of 12 months.
11 Sec. 12506b. (1) The campground fund is created in the state
12 treasury. and shall be administered by the The department is the
13 administrator of the fund for auditing purposes. The state
14 treasurer shall credit to the campground fund all fees collected by
15 the department under section 12506a and all money, gifts, and
16 devises received by the fund as otherwise provided by law.
17 (2) The unencumbered balance remaining Money in
the fund at
18 the close of the fiscal year shall remain remains in
the fund and
19 shall does not revert lapse to the general fund.
20 (3) The department
shall expend money in from the
campground
21 fund shall be expended only as provided in this section. The
22 department shall use the fund to implement this part and to carry
23 out its powers and duties under sections 12501 to 12516. The
24 department shall not use the money in the campground fund for
25 inspections of any mobile home parks licensed under the mobile home
26 commission act, 1987 PA 96, MCL 125.2301 to 125.2349.125.2350.
27 (4) The department shall annually prepare a report containing
1 an accounting of revenues and expenditures from the campground
2 fund. This report shall must
include details of the departmental
3 costs and activities of the previous year in administering this
4 campground program. This report shall must be
provided to the
5 senate and house of representatives appropriations committees, the
6 standing committees of the senate and house of representatives with
7 jurisdiction over issues pertaining to natural resources and the
8 environment, and the senate and house of representatives fiscal
9 agencies.
10 Sec. 12507. Before an application for a campground license
is
11 approved, or
temporary campground license becomes effective, the
12 department, its agent or representative, or a representative of a
13 designated local health department shall determine that the
14 campground contains facilities which that meet
the requirements
15 prescribed in rules promulgated under section 12511.
16 Sec. 12508. (1) Upon approval of the application for a
17 campground license or temporary campground license, the department,
18 its agent or representative, or a representative of a designated
19 local health department shall issue a campground license or
20 temporary campground license,
which the licensee shall be displayed
21 display in a conspicuous place on the campground.
22 (2) If the application is not approved, the department, its
23 agent or representative, or a representative of a designated local
24 health department shall give written notice of its denial to the
25 applicant stating reasons for the denial. The applicant may request
26 reconsideration of the application after correction of the reasons
27 for the denial or may request a hearing before the department, or
1 an authorized representative of the department, on the denial
2 within 10 30 days after receipt of the denial. The department shall
3 hold the hearing shall be
held not later than 20 10
days after
4 receipt of the request.
5 (3) A person aggrieved by the decision of the department or
6 its authorized representative may appeal to the courts as provided
7 by the administrative procedures act of 1969.
8 Sec. 12508a. A licensee shall do all of the following:
9 (a) Identify all campsites and other facilities as shown on
10 the approved site plan.
11 (b) Provide written verification that the construction was
12 completed in accordance with the approved site plan and
13 specifications.
14 (c) Before the utility is initially put into service, submit
15 an inspection report and approval from the electrical authority or
16 plumbing authority that has jurisdiction.
17 (d) Verify that the number of campsites in the campground is
18 not more than the number authorized by the license.
19 Sec. 12508b. For a campground that consists of only primitive
20 campsites, except as otherwise provided in this section, a licensee
21 shall ensure that a potable water outlet and either a privy for
22 each sex or 2 unisex privies are available to serve every 25
23 primitive campsites or fraction of 25 primitive campsites. For a
24 campground that consists of not more than 10 primitive campsites, a
25 licensee shall ensure that a potable water outlet and a unisex
26 privy is available to serve those campsites. For the purposes of
27 this section, a hand pump well is considered a potable water
1 outlet.
2 Sec. 12508c. A licensee may provide for a group campground
3 site by specifically designating group camping areas or by grouping
4 individual campsites together to accommodate groups. If a group
5 campground site is provided, a licensee shall ensure all of the
6 following:
7 (a) That all campsites and other facilities are identified on
8 the approved site plan of a new campground. For additions or
9 alterations, only the new campsites or other new facilities must be
10 identified on a site plan.
11 (b) If individual campsite water connections or electrical
12 connections are provided, that a recreational unit connects to the
13 nearest water connection or electrical connection.
14 (c) That no more than 1 recreational unit connects to a water
15 connection or electrical connection.
16 (d) That an unobstructed path at least 4 feet wide surrounds
17 each recreational unit.
18 (e) That the number of sanitary facilities for primitive
19 campsites is provided as required in section 12508b and for modern
20 campsites is provided as required in section 12508i.
21 Sec. 12508d. If campsites are accessible by motor vehicles, a
22 licensee shall provide a road right-of-way that is not less than 20
23 feet wide. The licensee shall ensure that the road right-of-way is
24 free of obstructions at all times.
25 Sec. 12508e. (1) A licensee shall provide a potable water
26 supply in accordance with the safe drinking water act, 1976 PA 399,
27 MCL 325.1001 to 325.1023.
1 (2) A licensee shall ensure that its campground water supply
2 system meets all of the following requirements, as applicable:
3 (a) Has an above grade room that houses equipment and sample
4 taps.
5 (b) Is buried at a minimum depth of 2 feet or, if the system
6 is designed for winter use, is buried at a minimum depth that is
7 the greater of 3.5 feet or the typical frost line depth.
8 (c) For a campsite on which a mobile home or manufactured home
9 is currently located, maintains a minimum residual pressure of 20
10 pounds per square inch.
11 (d) Is made of materials approved by NSF International for
12 potable water supply.
13 (3) A licensee shall ensure that if campsite water connections
14 are available, the campground provides 1 or more of the following:
15 (a) Campsite sewer connection.
16 (b) An on-site sewage pump-out facility.
17 (c) A sanitary station.
18 (d) An agreement with a licensed septage hauler.
19 (e) A seepage pit.
20 Sec. 12508f. (1) A licensee and any person that prepares a
21 campground site plan shall comply with all applicable laws and
22 rules that regulate the methods and facilities for the collection,
23 treatment, and disposal of sewage and other wastewater. A licensee
24 shall not construct a sewage and wastewater system or make any
25 alterations that reduce or increase the flow capacity or system
26 service access points or that may jeopardize the reliability of the
27 system without prior written approval by the department.
1 (2) A licensee shall meet all of the following sewage and
2 wastewater system requirements:
3 (a) The sewage and wastewater system must be designed to
4 handle the minimum estimated daily liquid flows as follows:
5 (i) For campsites that have water and sewer outlets available
6 to each campsite, 40 gallons per campsite.
7 (ii) For campsites served by service buildings, 40 gallons per
8 campsite.
9 (iii) For primitive campsites operated in conjunction with
10 modern campsites, 30 gallons per campsite.
11 (iv) For campsites with single sectional mobile homes and park
12 model recreational units, 75 gallons per campsite.
13 (b) The sewage and wastewater system must contain all of the
14 following, as applicable:
15 (i) A sewer riser trap, located at a campsite. If the service
16 riser trap is designed for winter use, it must be trapped below the
17 frost line.
18 (ii) A sewer riser trap constructed of cast iron or rigid
19 plastic pipe as approved by the plumbing division of the department
20 of licensing and regulatory affairs.
21 (iii) A sewer riser trap that does not extend more than 2
22 inches above the surrounding ground surface.
23 (iv) A sewer riser trap that is capped when not in use.
24 (v) A gravity sanitary sewer that has sufficient capacity to
25 accommodate the maximum hourly flow from the portion of the
26 campground being served and is not less than 4 inches in diameter.
27 If the gravity sanitary sewer is designed for winter use, the
1 gravity sanitary sewer must be buried at a minimum depth that is
2 the greater of 3.5 feet or the typical frost line depth.
3 (vi) A gravity sanitary sewer that is installed with
4 sufficient slope to maintain a velocity of 2 feet per second at
5 design flow.
6 (vii) If the gravity sanitary sewer is less than 10 inches in
7 diameter, cleanouts are located at the upper terminal of each sewer
8 line and at all changes in grade, size, and direction of more than
9 45 degrees.
10 (viii) If the gravity sanitary sewer is 10 inches in diameter
11 or larger, manholes are located at all changes in grade, size, and
12 direction. The department may exempt a campground from this
13 requirement if it provides a written statement from a qualified
14 engineer that manholes are not necessary for proper access and
15 maintenance of the system.
16 (3) A licensee and any person that designs the campground
17 sewage and wastewater system shall specify leakage tests for the
18 proposed construction of sanitary sewers.
19 (4) A licensee shall ensure that a sanitary sewer or
20 individual sewer service line is not laid within 10 feet
21 horizontally of a waterline. If a sanitary sewer line crosses a
22 waterline, a licensee shall ensure a minimum of 12 inches of clear
23 vertical isolation between the sewer line and the waterline. If it
24 is not feasible to have a minimum of 12 inches of vertical
25 isolation, then a sewer line must be encased in concrete or other
26 materials approved by the department extending 5 feet on each side
27 of the crossing. A licensee shall ensure that a waterline has no
1 joints within 10 feet of the point of crossing over or under a
2 sewer line.
3 Sec. 12508g. A licensee shall ensure that its campground soil
4 absorption system and the system's design and location provide
5 isolation of not less than 10 feet from campsites and protection
6 from vehicular traffic or other possible damage. A licensee shall
7 ensure that a soil absorption system is not placed in any of the
8 following locations:
9 (a) Beneath a permanent structure.
10 (b) Where the soil is unstable or unsettled.
11 (c) In muck or peat soils.
12 (d) Under a roadway, parking lot, or paved area.
13 (e) Within 100 feet of a lake or stream.
14 (f) In the path of a catchment area of surface runoff.
15 (g) Where a high groundwater table is closer than 2 feet to
16 the ground surface.
17 (h) Within 75 feet of a well.
18 (i) Where surface flooding may occur.
19 (j) Where the percolation rate exceeds 30 minutes for water to
20 fall 1 inch.
21 Sec. 12508h. (1) A licensee and any person that designs the
22 campground site plan shall ensure that septic and dosing tanks and
23 sewage pumping systems are designed in accordance with accepted
24 engineering practice.
25 (2) A licensee that proposes to discharge treated wastewater
26 to the waters of this state shall comply with the natural resources
27 and environmental protection act, 1994 PA 451, MCL 324.101 to
1 324.90106.
2 (3) A licensee shall meet all of the following:
3 (a) The interior of a privy, outhouse, or portable privy in
4 use at its campground must be designed for self-containment and
5 must be made of smooth, easily cleaned, nonabsorbent material.
6 (b) All vent openings and windows of a privy, outhouse, or
7 portable privy in use at its campground must be screened.
8 (c) Have a service contract with a person holding a septage
9 waste servicing license under part 117 of the natural resources and
10 environmental protection act, 1994 PA 451, MCL 324.11701 to
11 324.11720, to service all privies, outhouses, or portable privies
12 in use at its campground or have the capacity to haul and dump
13 sewage from all privies, outhouses, or portable privies in use at
14 its campground to an on-site facility authorized by law.
15 (4) For a campground using seepage pits, a licensee shall do
16 all of the following:
17 (a) Obtain a permit or verification from the local health
18 department that soil percolation rates are below 30 minutes for
19 water to fall 1 inch where seepage pits are located.
20 (b) Provide a minimum 50-gallon capacity surrounded by clean
21 gravel.
22 (c) Provide a riser feed hole of 1 inch or less.
23 (d) Only allow clean water or gray water from sinks,
24 laundries, and showers into a seepage pit.
25 (e) Ensure that a seepage pit is not located within 75 feet of
26 a well.
27 (5) For a campground that uses a buried storage tank, vault,
1 or certified holding tank, a licensee shall provide 1 or more of
2 the following:
3 (a) An on-site sewage pump-out facility.
4 (b) An agreement with a licensed septage hauler.
5 (c) Other means of septage removal approved by the department.
6 Sec. 12508i. (1) A licensee shall ensure that a service
7 building is constructed in accordance with applicable state or
8 local building codes.
9 (2) Except as otherwise provided in subsection (4), (5), or
10 (6) and section 12508b, a licensee shall ensure that its campground
11 complies with the following minimum number of fixtures, as
12 applicable:
|
13 |
Sites |
Toilets |
Urinals |
Lavatories |
|
14 |
|
M F |
M |
M F |
|
15 |
1-15 |
1 1 |
1 |
1 1 |
|
16 |
16-30 |
1 2 |
1 |
2 2 |
|
17 |
31-45 |
2 2 |
1 |
3 3 |
|
18 |
46-60 |
2 3 |
2 |
3 3 |
|
19 |
61-100 |
3 4 |
2 |
4 4 |
|
20 |
101-130 |
4 5 |
3 |
5 5 |
|
21 |
131-160 |
5 6 |
3 |
6 6 |
|
22 |
161-190 |
6 7 |
3 |
7 7 |
|
23 |
191-220 |
7 8 |
4 |
8 8 |
|
24 |
221-250 |
8 9 |
4 |
9 9 |
|
25 |
251-280 |
9 10 |
4 |
10 10 |
|
26 |
281-310 |
10 11 |
5 |
11 11 |
|
27 |
311-340 |
11 12 |
5 |
12 12 |
|
1 |
341-370 |
12 13 |
5 |
13 13 |
|
2 |
371-400 |
13 14 |
5 |
14 14 |
|
3 |
401-430 |
14 15 |
6 |
15 15 |
|
4 |
431-460 |
15 16 |
6 |
16 16 |
|
5 |
461-490 |
16 17 |
6 |
17 17 |
|
6 |
491-520 |
17 18 |
7 |
18 18 |
7 (3) For a campground that has more than 520 campsites, a
8 licensee shall provide 1 additional toilet and lavatory for each
9 sex for each additional 30 campsites or fraction of 30 campsites
10 and 1 additional men's urinal for each additional 100 campsites.
11 (4) For a campground with modern campsites, if all campsites
12 are provided with water and sewer services and if occupancy is
13 limited to recreational units connected to the water and sewer
14 systems, the campground is exempt from the fixture schedule in
15 subsection (2). The licensee shall ensure that, at a minimum, 1
16 water flush toilet and 1 lavatory are provided.
17 (5) For a campground with modern campsites, if only a portion
18 of the campsites are provided with water and sewer services, a
19 licensee shall ensure that the fixture schedule specified in
20 subsection (2) is complied with for sites that do not have water
21 and sewer services. The portion of a campground that is occupied by
22 mobile homes or manufactured homes that have sewer and water
23 connections is exempt from the fixture schedule specified
24 subsection (2).
25 (6) For a campground that has primitive campsites adjacent to
26 and in conjunction with modern campsites that are subject to
27 subsection (2), a licensee shall provide an additional toilet and
1 lavatory for each sex for every 50 primitive campsites or fraction
2 of 50 primitive campsites.
3 Sec. 12508j. (1) Except as otherwise provided in this section,
4 a licensee shall ensure that its campground contains at least 1
5 sanitary station of approved design. This subsection does not apply
6 to a campground with modern campsites that are provided with
7 connections to the campground's water and sewer system or a
8 campground with primitive campsites that are served solely by hand
9 pump wells.
10 (2) A licensee shall ensure that its campground sanitary
11 station is designed and maintained to prevent contamination from
12 being introduced into the fresh water storage tanks or campground
13 water supply system.
14 (3) Except as otherwise provided in this subsection, a
15 licensee shall provide separate towers for filling fresh water
16 storage tanks and rinsing sewage spills at its sewage dumping
17 facility. A licensee that provides individual water connections for
18 all of the campsites at its campground is exempt from the
19 requirement under this subsection to provide a separate tower for
20 filling fresh water storage tanks.
21 (4) A licensee shall provide all of the following:
22 (a) A vacuum breaker installed at the high point of each
23 tower.
24 (b) An automatic device installed to keep hoses off the
25 ground.
26 (c) A foot-operated hatch installed to cover the sanitary
27 state sewer riser when not in use.
1 (d) Signs placed at a sanitary station to identify its purpose
2 and give instructions for its proper use.
3 Sec. 12508k. (1) A licensee shall ensure that the plumbing in
4 its campground complies with applicable state laws or local
5 ordinances including, but not limited to, the state plumbing act,
6 2002 PA 733, MCL 338.3511 to 338.3569.
7 (2) A licensee shall ensure that the disposal of garbage and
8 refuse is in accordance with state law and local ordinances. A
9 licensee shall provide a sufficient number of containers for the
10 storage of garbage and other refuse. A licensee shall ensure that
11 garbage and refuse are collected and disposed of as often as
12 necessary to prevent overflow, nuisance, or odor, but not less than
13 once each week. A licensee shall ensure that garbage and refuse
14 containers are maintained in a clean and sanitary condition.
15 (3) A licensee shall ensure that an electrical installation in
16 its campground complies with national electrical codes. A licensee
17 shall ensure that not more than 1 recreational unit is served by 1
18 electrical outlet.
19 (4) A licensee shall ensure that a swimming pool in its
20 campground complies with sections 12521 to 12546.
21 (5) Upon the written request of a licensee, the department may
22 grant a written variance if the department determines all of the
23 following:
24 (a) That strict compliance with the law would cause unusual
25 and practical difficulties and hardships.
26 (b) That the variance would not affect the health, safety, or
27 welfare of the public or of campground guests.
1 (c) That the spirit and intent of the law can be maintained if
2 the variance is granted.
3 Sec. 12509. A Except
as otherwise provided in this section, a
4 campground license shall is not be transferred transferable to
5 another person. except where the If a transferee
complies with all
6 the requirements to be licensed under sections 12501 to 12516 and
7 upon submission of submits
an application and the license transfer
8 fee as prescribed in sections 12506 and 12506a, the department
9 shall transfer the license to the transferee.
10 Sec. 12510. (1) If a representative of the designated local
11 health department performs annual inspections of campgrounds that
12 are applying for a new license, renewal license, or temporary
13 license and have submitted the applicable license fee to the
14 department, the department shall approve payments of $25.00 per
15 campground to that local health department.
16 (2) The state treasurer shall make the payments upon receipt
17 of approval from the department.
18 (3) A Subject
to this section, a designated local
health
19 department may collect additional fees as provided under section
20 2444 from the owner of a campground for services provided under
21 sections 12501 to 12516. If the designated local health department
22 collects fees under this section, the fees must not be less than
23 $75.00 and not more than $1.00 per campsite up to a maximum of
24 $500.00.
25 Sec. 12511. The department, with the advice, assistance, and
26 approval of the advisory board, shall promulgate rules regarding
27 sanitation and safety standards for campgrounds and public health.
1 The rules shall recognize and provide controls for different types
2 of campgrounds.The
department shall promulgate rules for temporary
3 campgrounds that do both of the following:
4 (a) Provide sanitation and safety standards.
5 (b) Recognize and provide controls for different types of
6 temporary campgrounds.
7 Sec. 12512. (1) The department, its agent or representative,
8 or a representative of a designated local health department shall
9 give written notice to a licensee who fails to comply with sections
10 12501 to 12516 or a rule promulgated under to implement those
11 sections. The notice shall must specify the particular
violations
12 and a date by which the licensee shall must comply.
The department,
13 its agent or representative, or a representative of a designated
14 local health department shall establish the time given for
15 compliance shall depend upon under this subsection based on the
16 nature of the violation.
17 (2) If the licensee does not comply within the time specified
18 for compliance under subsection (1), the department, its agent or
19 representative, or a representative of a designated local health
20 department may, in accordance with the administrative procedures
21 act of 1969, revoke the license. If the licensee files a request
22 for a hearing within 60 calendar days after the licensee receives
23 notice of revocation, the department shall hold a hearing.
24 (3) A The
department, its agent or representative, or a
25 representative of a designated local health department shall not
26 reissue a license revoked
under subsection (2) shall not be
27 reissued by the department, its agent or representative, or a
1 representative of a designated local health department until it has
2 been determined determines
that the violations have been
corrected.
3 (4) A licensee aggrieved by a decision of the department, its
4 agent or representative, or a representative of a designated local
5 health department to revoke the license may appeal to a court of
6 competent jurisdiction as provided by the administrative procedures
7 act of 1969.
8 Sec. 12514. (1) An A
licensee shall post in the campground a
9 notice indicating how the manager on duty can be contacted. A
10 licensee shall have a manager or person in charge on site when the
11 campground is occupied.
12 (2) A licensee shall either post in the campground the
13 telephone numbers for police, fire, and medical assistance or
14 provide guests with that information at check-in.
15 (3) A licensee shall give the department, its agent or
16 representative, of the department or a representative of a
17 designated local health department shall have access during
all
18 reasonable hours to a
campground for the purpose of inspection or
19 otherwise carrying out sections 12501 to 12516 during all normal
20 business hours, Monday through Friday.
21 Sec. 12515. (1) Sections 12501 to 12516 do not apply to a
22 campground used solely as a children's camp licensed by the
23 department of social health
and human services or to properties
24 owned by a person licensed pursuant to under part
124, and used for
25 housing seasonal agricultural workers employed by that person. A
26 campground licensed under sections 12501 to 12516 shall must not
be
27 used for the housing of seasonal agricultural workers unless also
1 licensed under part 124.
2 (2) Sections 12501 to 12516 shall not be construed to
3 interfere in any way with the enforcement of sanitary controls
by a
4 health officer having that
has jurisdiction in the area.
5 (3) Sections 12501 to 12516 do not relieve a person from
6 complying with local ordinances governing building permits or with
7 a code, regulation, or ordinance not in conflict with sections
8 12501 to 12516.
9 Sec. 12516. (1) A person who that violates
sections 12501 to
10 12515 for more than 10 days after notification by the department
11 and does not respond or make a reasonable effort to correct the
12 violations is guilty of a misdemeanor.
13 (2) Notwithstanding the existence of any other remedy, the
14 department, its agent or representative, or a representative of a
15 designated local health department may maintain an action in the
16 name of the this state for an injunction against a person to
17 restrain or prevent the construction, enlargement, or alteration of
18 a campground without a permit, or the operation or conduct of a
19 campground without a license.
20 Enacting section 1. Section 12513 of the public health code,
21 1978 PA 368, MCL 333.12513, is repealed.
22 Enacting section 2. This amendatory act takes effect 90 days
23 after the date it is enacted into law.
