Sec. 10.16.06.02. Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Acceptance letter” means a notice sent to a unit of local government, the Maryland-National Capital Park and Planning Commission, or a State agency, issued by the Department pursuant to this chapter and Health-General Article, §14-403, Annotated Code of Maryland, accepting written certification that the programs or activities operated by:

(a) The unit or the Maryland-National Capital Park and Planning Commission comply with Regulation .03 of this chapter; or

(b) The State agency comply with Regulation .04 of this chapter.

(2) "Adult" means an individual 18 years old or older or an individual 17 years old who has graduated from high school.

(3) Adventure Camp.

(a) "Adventure camp" means an activity or program that exposes a camper to a life-threatening or serious injury because of the inherent danger of the activity.

(b) "Adventure camp" includes, but is not limited to:

(i) Bicycling;

(ii) In-line skating;

(iii) Piloting an airplane;

(iv) A ropes course activity requiring belay or spotting;

(v) Skateboarding;

(vi) Skydiving;

(vii) Snowboarding; or

(viii) A similar activity or program.

(c) "Adventure camp" does not include a sport activity or program, such as:

(i) Baseball;

(ii) Basketball;

(iii) Field hockey;

(iv) Football;

(v) Lacrosse;

(vi) Soccer;

(vii) Softball;

(viii) Volleyball; or

(ix) A similar sport activity or program.

(4) "Alternative accreditation" means a national camping standard that:

(a) Is acceptable to the Secretary as providing adequate health and safety protection for the campers;

(b) Includes an annual monitoring process to verify compliance with the standard; and

(c) Complies with Regulation .19 of this chapter.

(5) "Assistant counselor" means an individual who is 16 years old or older or an individual who has successfully completed the tenth grade.

(6) "Camp" means a youth camp.

(7) Camper.

(a) "Camper" means an individual younger than 18 years old who is attending a youth camp.

(b) "Camper" does not include a child younger than 3-1/2 years old.

(8) "Certificate" means a document showing the authority to operate a youth camp, issued by the Department pursuant to this chapter and Health-General Article, §14-403, Annotated Code of Maryland, which displays the name of the person granted the authority.

(9) "Community organization" means a local community association or club that:

(a) Does not operate for profit; and

(b) Sponsors an activity or program for members of the association or club.

(10) "Counselor" means an individual who:

(a) Has a supervisory role with campers; and

(b) Is 18 years old or older or a high school graduate.

(11) “Critical violation” means failure to comply with:

(a) Regulation .07 of this chapter;

(b) Regulation .10 of this chapter;

(c) Regulation .21 of this chapter;

(d) COMAR 10.16.07.03A(1) and (2);

(e) A majority of the required procedures in COMAR 10.16.07.03A(4) and (5);

(f) COMAR 10.16.07.04;

(g) COMAR 10.16.07.08A-C;

(h) A majority of the required procedures in Regulation .34A of this chapter;

(i) A majority of the required procedures in Regulation .35B of this chapter;

(j) Regulation .46A(1) and (2) of this chapter;

(k) Regulation .47C and F(6)-(9) of this chapter;

(l) Regulation .48D(1) of this chapter;

(m) Regulation .49C of this chapter;

(n) Regulation .50B of this chapter;

(o) Regulation .51B of this chapter;

(p) Regulation .52A(1) and B(1) of this chapter;

(q) A majority of the required procedures in Regulation .52A(2)-(5) of this chapter;

(r) Regulation .53A(1) and (2) of this chapter; or

(s) Regulation .54 of this chapter.

(12) "Day" means all or part of a 24-hour period beginning at 12 a.m.

(13) "Day camp" means a youth camp that:

(a) Is operated for all or part of the day but less than 24 hours a day;

(b) Is conducted for at least 7 calendar days during a 3-week period; and

(c) Provides three or more recreational activities or any one specialized activity or program.

(14) "Department" means the Maryland Department of Health.

(15) "Director" means an individual or the individual's designee who in either case:

(a) Is 21 years old or older;

(b) Possesses at least 24 weeks of previous experience in a camping or children's program as an administrator or a supervisor; and

(c) Holds the primary overall responsibility of the administration of camp program operations and support services.

(16) "Formal instructor training" means an established program for a specialized activity that:

(a) Includes an organized curriculum focusing on instruction technique, safety, supervision, and equipment management in the activity offered;

(b) Requires demonstration of the individual's instruction techniques; and

(c) Evaluates the individual's knowledge and skill in instruction techniques.

(17) “Good standing” means:

(a) Compliance with the:

(i) Annual report and self-assessment submission requirements as specified in Regulation .06 of this chapter; and

(ii) Application procedure and fee requirements as specified in Regulation .08 of this chapter; and

(b) A camp that in the previous calendar year paid the application fee as set forth in COMAR 10.01.17.02; and

(c) Had no critical violations of this chapter found by the Department during an inspection:

(i) In the last 2 calendar years; or

(ii) For a camp in good standing, in the last calendar year that an inspection took place.

(18) "High ropes" means an adventure camp course activity where the potential drop to the ground for the camper exceeds 3 feet.

(19) Instructor.

(a) When a national instructor certification organization is available for a specialized activity, "instructor" means an individual who is 18 years old or older or a high school graduate who has documented experience indicating knowledge and skill in teaching specific to the activity conducted, such as:

(i) An instructor's certificate from a national organization; or

(ii) A letter of reference from a national organization, school authority, or certified instructor trainer.

(b) When a national instructor certification organization is not available for a specialized activity, "instructor" means an individual who is 18 years old or older or a high school graduate who has documented experience indicating knowledge and skill in teaching specific to the activity conducted, such as:

(i) A college course in teaching the activity conducted;

(ii) A letter of reference from a school authority, certified instructor trainer, or regional authority;

(iii) A State-certified public or nonpublic school teacher who has 6 weeks of experience supervising or teaching the activity; or

(iv) Proof of satisfactory completion of formal instructor training.

(20) "Letter of compliance" means a notice to an operator of a youth camp directed or operated by a bona fide religious organization, issued by the Department pursuant to this chapter and Health-General Article, §14-403, Annotated Code of Maryland, granting the operator the authority to operate the youth camp.

(21) Occasional Use.

(a) "Occasional use" means periodic involvement in a program where there is no expectation of regular attendance.

(b) "Occasional use" includes allowing a participant to come to and leave the program at will.

(22) "Operate" means to supervise, control, conduct, or manage a youth camp as:

(a) An owner;

(b) An agent of the owner;

(c) A lessee of the owner;

(d) A director; or

(e) An independent contractor.

(23) "Operator" means a person who owns, supervises, controls, conducts, or manages a youth camp.

(24) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(25) “Personnel administrator” means an adult who is 21 years old or older and:

(a) Has completed a:

(i) National and State criminal history records check through the Maryland Department of Public Safety and Correctional Services using the Department’s authorization number; and

(ii) Child Protective Services background clearance using the Department’s contact information; and

(b) Who the Department has determined is eligible to serve according to Regulation .21D-F of this chapter.

(26) "Potentially hazardous food" has the meaning stated in COMAR 10.15.03.

(27) "Primarily recreational activities" means that 50 percent or more of a camper's time at camp is spent in recreational activities.

(28) "Primitive camp" means a day camp or residential camp where permanent facilities for water supply and sewage disposal systems, food service facilities, sleeping areas, bathing facilities, and hand-washing facilities are not available.

(29) Recreational Activity.

(a) "Recreational activity" means a pleasurable, interesting, and entertaining activity.

(b) "Recreational activity" includes, but is not limited to:

(i) Structured or unstructured play;

(ii) A nature walk;

(iii) A field trip;

(iv) A sports activity;

(v) A game;

(vi) A hobby;

(vii) Music;

(viii) Drama;

(ix) Dance;

(x) Art;

(xi) A craft;

(xii) Except if for credit and taught by a certified teacher, a subject matter enrichment program;

(xiii) A specialized activity; or

(xiv) Instruction or skill development in an activity listed in §B(29)(b)(i)-(xiii) and (30) of this regulation.

(30) "Residential camp" means a youth camp operating at a facility or campsite at which a camper either lives apart or intends to live apart from the camper's relatives, parents, or legal guardians for at least 5 consecutive days.

(31) Routine Activity.

(a) "Routine activity" means any type of activity other than a specialized activity that is conducted for children by a youth camp.

(b) "Routine activity" includes:

(i) Except for a specialized activity, a recreational activity listed in §B of this regulation;

(ii) Eating;

(iii) Sleeping;

(iv) Napping;

(v) Playing;

(vi) Watching a movie or television; or

(vii) Similar activity.

(32) "Secretary" means the Secretary of Health or the Secretary's designee.

(33) "Specialized activity" means:

(a) An adventure camp activity or program;

(b) An aquatic program;

(c) Archery;

(d) Artistic gymnastics;

(e) Firearms control;

(f) Hang gliding;

(g) High ropes;

(h) Horseback riding;

(i) Motorized vehicle activities;

(j) Rappelling;

(k) Riflery;

(l) Road cycling;

(m) Rock climbing;

(n) Skiing; and

(o) Spelunking.

(34) "Substantial outdoor recreational component" means that 25 percent or more of a camper's time at camp is spent in outside recreational activities.

(35) "Travel camp" means a residential camp that:

(a) Operates for at least 5 consecutive days; and

(b) Provides for campers to use motorized transportation to move as a group to a site or among sites for experiences in different environments.

(36) "Trip camp" means a residential camp:

(a) That operates for at least 5 consecutive days; and

(b) In which a group of campers moves from one site to another under their own power or by transportation that permits individual guidance of a vehicle or animal.

(37) "Unit" means a board, department, agency, or other component of a county or a municipal corporation as defined by Article 23A, §9, Annotated Code of Maryland.

(38) "Water safety rescuer" means an individual who is certified by a national organization and the certification substantiates that the individual:

(a) Is proficient and knowledgeable in water rescue techniques and safety procedures appropriate to the activity offered; and

(b) Demonstrates appropriate skills for safe water rescue.

(39) Youth Camp.

(a) "Youth camp" means a day camp, residential camp, travel camp, or trip camp that:

(i) During a calendar year, accommodates seven or more campers who are unrelated to the youth camp operator;

(ii) Provides primarily recreational activities or has a substantial outdoor recreational component;

(iii) Has permanent buildings, temporary buildings, or no buildings; and

(iv) Operates on owned private property, owned private facilities, leased private property, leased private facilities, public property, or public facilities.

(b) "Youth camp" includes a program that operates:

(i) At a camp premises before, after, or before and after the camp program; and

(ii) Before, after, or before and after a school term.

(c) "Youth camp" does not include:

(i) A child care center as defined by COMAR 13A.16.01;

(ii) A child care program as defined by COMAR 13A.17.01;

(iii) A family child care home as defined by COMAR 13A.15.01;

(iv) A program that operates before, after, or before and after a public or nonpublic school's daily session;

(v) A program that operates before, after, or before and after a child care program’s daily session as set forth in §B(39)(c)(i)-(iii) of this regulation;

(vi) An instructional program in a specialized activity operated for 2 hours or less daily;

(vii) A competitive activity sponsored by a sports league or the United States Pony Clubs, Inc.;

(viii) A summer school program when the curriculum is offered for academic credit and is taught by a Maryland State Department of Education certified teacher or a teacher qualified under COMAR 13A.09.09;

(ix) A day care or child care program that has as its primary purpose the custodial care of children;

(x) A program that enrolls a child younger than 3-1/2 years old; or

(xi) A recreational activity or program where each child's parent or legal guardian is present throughout the duration of the activity or program, participates in the activity or program, and oversees the activities of the child.

(40) "Youth Camp Safety Advisory Council" means an 11 member body that:

(a) Advises and assists the Department in developing regulations for camps; and

(b) Reports annually to the Secretary on:

(i) The number of youth camps;

(ii) The number of camps in each county;

(iii) The number of campers; and

(iv) Any other pertinent information.