AN ACT TO ESTABLISH A YOUTH CAMP PERMITTING AND SAFETY PROGRAM; TO PROHIBIT PERMITTING OF YOUTH CAMPS WITH CABINS IN FLOODPLAINS EXCEPT AS AUTHORIZED; TO REQUIRE EMERGENCY PLANNING AND WARNING COMMUNICATIONS; TO ESTABLISH MINIMUM SAFETY REQUIREMENTS FOR CAMPGROUNDS; and to provide implementation funds.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  Chapter 130A of the General Statutes is amended by adding a new Article to read:

Article 25.

Youth Camps and Campground Safety.

Part 1. Youth Camps.

§ 130A‑512.  Definitions.

The following definitions apply in this Part:

(1)        Cabin. – A structure used to provide temporary sleeping quarters for campers.

(2)        Camper. – A minor attending a youth camp on a day or residential basis.

(3)        Day camp. – A youth camp that operates during any portion of the day between 7:00 A.M. and 10:00 P.M. for a period of four or more consecutive days and that provides no more than two incidental overnight stays per camp session. The term does not include a facility required to be licensed as a child care facility under Article 7 of Chapter 110 of the General Statutes.

(4)        Floodplain. – The base floodplain or 100‑year floodplain as defined in G.S. 143‑215.52(1b). The term includes any area removed from the 100‑year floodplain by a letter of map amendment, a letter of map revision based on fill, or a substantially similar administrative process conducted by the Federal Emergency Management Agency.

(5)        Floodway. – The regulatory floodway, if any, as shown on the current floodplain maps prepared pursuant to the National Flood Insurance Program or approved by the Department of Public Safety. If a regulatory floodway is not shown on the applicable floodplain map used for a determination under this Part, the term includes a floodway delineated in accordance with rules adopted pursuant to G.S. 130A‑515(d).

(6)        Youth camp. – A facility or property, not licensed under Article 7 of Chapter 110 of the General Statutes, that provides structured recreational, athletic, religious, or educational activities to minors for four or more consecutive days, including residential, primitive, and day camps.

(7)        Youth camp operator. – A person who owns, operates, controls, or supervises a youth camp, regardless of profit status.

§ 130A‑513.  Religious sponsored child care facilities.

(a)        Applicability. – Notwithstanding G.S. 110‑106(b)(4), a religious sponsored child care facility operating pursuant to G.S. 110‑106 that operates a day camp, as defined in G.S. 130A‑512(3), shall comply with G.S. 130A‑520(d) and G.S. 130A‑522 with respect to that day camp.

(b)        Permit and Other Requirements Not Applicable. – A facility described in subsection (a) of this section is not required to obtain a permit under G.S. 130A‑514 to operate the day camp and is not subject to the requirements of this Part or rules adopted under this Part. This subsection does not exempt the facility from G.S. 130A‑520(d) or G.S. 130A‑522, or rules adopted to implement those sections, and G.S. 130A‑523 applies to the extent necessary to inspect and enforce compliance with G.S. 130A‑520(d) and G.S. 130A‑522.

(c)        Religious Training; No Regulation of Doctrine. – Consistent with G.S. 110‑106(b)(4), nothing in this Article shall be construed to authorize the Department, the Commission, or a local health department to regulate or otherwise interfere with religious doctrine, religious instruction, worship, curriculum, or internal church governance. This Article shall be applied to a facility described in subsection (a) of this section solely as a program of health and safety regulation.

(d)       Inspection Scope. – Any inspection or request for records by the Department or a local health department under this Article of a facility described in subsection (a) of this section shall be limited to matters reasonably necessary to determine compliance with G.S. 130A‑520(d) and G.S. 130A‑522.

(e)        Floodplain Documentation. – A facility described in subsection (a) of this section shall maintain documentation supporting floodplain and floodway determinations made to comply with G.S. 130A‑520(d) and the parent notice required by G.S. 130A‑522(j)(2) and shall make the documentation available to the Department or a local health department upon request in the form and manner prescribed by rule.

§ 130A‑514.  Permit required; issuance by Department.

(a)        Permit Required. – Except as provided in G.S. 130A‑513, no person shall operate a youth camp without a permit issued annually by the Department.

(b)        Issuance and Renewal; Conditions. – The Department shall issue or renew a permit under this Part only if the Department determines the youth camp is in compliance with this Part and rules adopted pursuant to this Part, including approval of the emergency plan required by G.S. 130A‑522. In making this determination, the Department shall consider the most recent inspection report submitted under G.S. 130A‑523 and other information required by rule.

(c)        Continuation Pending Renewal. – If a youth camp operator submits a complete application for renewal under G.S. 130A‑517, including payment of the applicable fee required by G.S. 130A‑518, in a form and manner prescribed by the Department, before expiration of the current permit, the current permit shall remain in effect until the Department takes final action on the renewal application. During the period the current permit remains in effect under this subsection, the youth camp operator shall comply with the most recent emergency plan approved under G.S. 130A‑522. This subsection does not limit the authority of the Department or a local health director to take enforcement action as authorized by law.

(d)       Updated Application Required After Material Changes. – A youth camp operator shall submit an updated application to the Department in the manner prescribed by the Department not later than 30 days after the operator does any of the following:

(1)        Alters the boundaries of a youth camp.

(2)        Completes construction of one or more new cabins on the premises of the camp.

(3)        Completes any renovation to an existing cabin on the premises of the camp that does either of the following:

a.         Increases or decreases the number of beds in the cabin.

b.         Alters the method of ingress or egress for the cabin.

(e)        Single Youth Camp Permit. – A permit issued under this Part satisfies any permit requirement under rules adopted by the Commission for Public Health for the operation of a youth camp, including rules governing summer camps, resident camps, and primitive experience camps. This subsection does not affect the applicability of permits required for food service establishments, lodging establishments, public swimming pools, onsite wastewater systems, or potable water supplies under other applicable provisions of law.

§ 130A‑515.  Administration; Department oversight; rulemaking; coordination with other health and safety programs.

(a)        Department Oversight. – The Department shall oversee implementation of this Part and shall provide standardized forms, technical assistance, data systems, and program audits. The Department may enter into agreements with local health departments and other governmental agencies as authorized by law to carry out the purposes of this Part.

(b)        Rulemaking. – The Commission for Public Health shall adopt rules to implement this Part, including rules to classify youth camps and to establish minimum statewide standards for their health and safety. Such rules may create subclasses of camps, including day camps, residential camps, and primitive experience camps, and shall address sanitation, potable water and wastewater, food service, lodging, aquatic safety, emergency planning and communications, staffing qualifications and ratios, incident reporting, record keeping, inspections, and related matters. Rules adopted under this subsection shall be consistent with this Part and other applicable law.

(c)        Coordination. – Nothing in this Part limits the applicability of other State health and safety laws or rules concerning food service, lodging and sanitation, public swimming pools and bathing places, onsite wastewater systems, communicable disease control, or related matters. The Department shall, to the extent practicable, coordinate inspections and enforcement under this Part with those programs to minimize duplication and burden on regulated entities.

(d)       Floodplain and Floodway Determinations. – The Commission after consultation with the Division of Emergency Management of the Department of Public Safety shall adopt rules establishing a uniform statewide methodology for determinations under G.S. 130A‑517(5), 130A‑520, and 130A‑522(j)(2). The rules shall do all of the following:

(1)        Specify the floodplain mapping sources and flood hazard maps that shall be used and the order of precedence among those sources, consistent with the definition of base floodplain or 100‑year floodplain in G.S. 143‑215.52(1b) and the definition of floodway in G.S. 130A‑512(5).

(2)        Specify the minimum documentation required to support a determination as to whether (i) any cabin is located within a floodplain and (ii) any portion of the youth camp premises is located within a floodplain, including required map identifiers, effective dates, and geospatial exhibits.

(3)        Specify the methodology for determining whether a cabin is located at least 1,000 feet from a floodway for purposes of G.S. 130A‑520(b)(2), including the method of measurement and the minimum documentation required to support the determination. The rules shall also do all of the following:

a.         Specify procedures and minimum technical standards for delineating a floodway for purposes of G.S. 130A‑520(b)(2) when a regulatory floodway is not shown on the applicable floodplain map.

b.         Specify the minimum documentation required to support a delineation under sub‑subdivision a. of this subdivision, which may include a geospatial exhibit. The rules may require certification of the delineation by a professional engineer licensed to practice in this State or by another qualified professional as determined by rule.

(4)        Require the Department to provide standardized forms, templates, and instructions for documenting floodplain determinations and floodway measurements and to make those materials available to local health departments and applicants.

(5)        Provide a process or identify an existing process by which an applicant may submit supplemental information recognized by rule to resolve a disputed determination.

(6)        Require retention of the documentation supporting the determination in the permit file or, for a facility described in G.S. 130A‑513, in the records maintained by the facility in accordance with G.S. 130A‑513(e), for a period specified by rule.

§ 130A‑516.  Youth Camp Safety Multidisciplinary Team.

(a)        Establishment. – The Youth Camp Safety Multidisciplinary Team (Team) is established within the Department to advise the Department and the Commission for Public Health on implementation of this Part, including emergency planning, flood hazards, warning and communications capabilities, and coordination with other public safety and health and safety programs.

(b)        Membership. – The Team shall consist of the following members, or their designees:

(1)        The Secretary of the Department of Health and Human Services, who shall serve as chair.

(2)        A representative of the Division of Public Health.

(3)        A representative of the Division of Emergency Management in the Department of Public Safety.

(4)        A representative of the Office of the State Fire Marshal in the Department of Insurance.

(5)        A representative of the Department of Environmental Quality with expertise in flood hazards, floodplain mapping, or dam safety.

(6)        A representative of the North Carolina Forest Service in the Department of Agriculture and Consumer Services.

(7)        A representative of the Wildlife Resources Commission.

(8)        One local health director appointed by the Secretary.

(9)        One county emergency management coordinator or director appointed by the Director of the Division of Emergency Management.

(c)        Duties. – The Team shall do all of the following:

(1)        Advise the Department and the Commission on rulemaking under this Part related to emergency planning, warning and communications capabilities, and flood hazards.

(2)        Recommend model emergency plan templates, checklists, training materials, and inspection tools to support consistent statewide implementation.

(3)        Identify best practices for severe weather and flood preparedness and for coordination between youth camps and local emergency services and emergency management.

(4)        Recommend methods to prioritize oversight, training, and audits based on risk factors such as flood hazards, proximity to watercourses, camper capacity, and remoteness.

(5)        Review anonymized program data and incident trends made available by the Department, consistent with confidentiality requirements, and recommend updates to guidance and training.

(6)        Develop and recommend to the Commission and the Department proposed minimum statewide standards for youth camp health and safety for adoption by rule under this Part.

(d)       Administration. – The Department shall provide staff support to the Team. Members shall receive no compensation for serving but may receive travel and subsistence expenses in accordance with State law.

(e)        Meetings. – The Team shall meet at least twice each year and may meet more frequently at the call of the chair.

§ 130A‑517.  Permit application.

(a)        Application Requirements. – An application for a youth camp permit shall be submitted to the Department on Department‑prescribed forms and shall include all of the following:

(1)        Facility plans and approvals required by rule.

(2)        Documentation of potable water supply approval and wastewater system approval, as applicable.

(3)        A staffing and training plan as required by rule.

(4)        The emergency plan required by G.S. 130A‑522.

(5)        Documentation sufficient to determine whether any cabin on the youth camp premises is located within a floodplain and whether any portion of the youth camp premises is located within a floodplain, as specified by rule, including rules governing mapping source hierarchy and documentation standards. If the youth camp operator seeks to qualify for the exception under G.S. 130A‑520(b)(2), the application shall also include documentation sufficient to determine whether each cabin located within a floodplain is located at least 1,000 feet from a floodway, as shown on the applicable floodplain map or delineated in accordance with rules adopted pursuant to G.S. 130A‑515(d), measured in the manner prescribed by rule.

(6)        Proof of liability insurance in an amount set by rule.

(b)        Completeness Review. – Within 10 business days after submission to the Department, through the Department's electronic submission process, of (i) an application under this section or (ii) an emergency plan under G.S. 130A‑522(f), the Department shall notify the submitter whether the submission is complete. A submission identified as incomplete shall not be considered received for purposes of any statutory review period.

§ 130A‑518.  Fees; Youth Camp Oversight Fund.

(a)        Fee Schedule. – The Commission shall establish by rule a uniform statewide fee schedule for initial and renewal permits issued under this Part. The fee schedule may include tiers based on camp classification, camper capacity, or other factors specified by rule. Fees shall be set in an amount reasonably related to the cost of administering and enforcing this Part at the State and local levels. A fee established under this subsection shall not exceed the applicable maximum amount set in subsection (b) of this section. An application for an initial permit or renewal submitted under G.S. 130A‑517 is not complete unless accompanied by the applicable fee established under this section.

(b)        Maximum Fees. – The fee schedule established under subsection (a) of this section shall not exceed the following maximum amounts:

(1)        Initial permit. – One thousand dollars ($1,000) per youth camp.

(2)        Renewal permit. – One thousand dollars ($1,000) per youth camp.

(3)        Review of updated application. – Two hundred fifty dollars ($250.00) per submission required under G.S. 130A‑514(d).

(c)        Collection; Allocation; Remittance; Local Use. – The Department shall collect all fees assessed under subsection (a) of this section. Twenty percent (20%) of each fee collected under this section (the State share) shall be credited to the Youth Camp Oversight Fund established in subsection (d) of this section. Eighty percent (80%) of each fee collected under this section (the local share) shall be remitted to the local health department having jurisdiction over the youth camp to support inspections and enforcement under this Part, in the manner and at intervals prescribed by the Department. The Department shall remit the local share not less than quarterly. The local health department shall deposit amounts remitted under this subsection to the account of the local health department and shall use the amounts only for local youth camp safety programs and activities under this Part, in accordance with the Local Government Budget and Fiscal Control Act.

(d)       Youth Camp Oversight Fund. – The Youth Camp Oversight Fund is established as a special, nonreverting fund within the Department. Funds in the Fund shall be used only to support implementation of this Part, including statewide rulemaking, oversight, training, audits, technical assistance, and data systems.

(e)        Review. – The Commission shall review the fee schedule at least once every two years and shall revise the schedule as necessary to ensure that fees remain reasonably related to program costs.

(f)        Late Payment; Suspension for Nonpayment; Reinstatement. – The Department shall assess a late payment fee of twenty‑five dollars ($25.00) to a youth camp operator that fails to pay a fee assessed under subsection (a) of this section within 45 days after billing by the Department. The Department may, in accordance with G.S. 130A‑23, suspend a permit of a youth camp that fails to pay the required fee within 60 days after billing by the Department. The Department shall assess a reinstatement fee of one hundred fifty dollars ($150.00) to a youth camp operator that requests reinstatement of its permit after the permit has been suspended under this subsection. Late payment fees and reinstatement fees collected under this subsection shall be credited to the Youth Camp Oversight Fund. The Commission shall adopt rules to implement this subsection.

(g)        Refunds. – Fees collected under this section are not refundable, except when the Department determines a fee was collected in error.

§ 130A‑519.  Online list of permitted youth camps.

The Department shall establish, maintain, and update on its public website a list of youth camps holding an active permit under this Part.

§ 130A‑520.  Floodplain cabins; permitting prohibited.

(a)        General Prohibition. – The Department shall not issue or renew a permit to a youth camp if any cabin on the youth camp premises is located wholly or partially within a floodplain.

(b)        Exception. – Notwithstanding subsection (a) of this section, the Department may issue or renew a permit to a youth camp described by subsection (a) of this section only if the youth camp operator demonstrates, in the form and manner prescribed by the Department and as specified by rule, that at least one of the following applies:

(1)        Each cabin located wholly or partially within a floodplain is within the floodplain as a result of the cabin's proximity to a lake, pond, or other still body of water that meets either of the following conditions:

a.         The body of water is not connected to a stream, river, or other watercourse.

b.         The body of water is dammed.

(2)        Each cabin located wholly or partially within a floodplain is located at least 1,000 feet from a floodway, as shown on the applicable floodplain map or delineated in accordance with rules adopted pursuant to G.S. 130A‑515(d), measured in the manner prescribed by rule.

(c)        Emergency Ladders for Floodplain Cabins. – If the Department issues or renews a permit under subsection (b) of this section, the youth camp operator shall install and maintain, for each cabin located wholly or partially within a floodplain, an emergency ladder capable of providing access to the cabin's roof. The ladder shall meet minimum standards established by rule. The rules may be adopted under Part 2 of this Article and shall be consistent with G.S. 130A‑527(a)(1).

(d)       Religious Sponsored Child Care Facilities. – Notwithstanding G.S. 110‑106(b)(4), a facility described in G.S. 130A‑513 shall not use, for lodging or sleeping by campers, any cabin located wholly or partially within a floodplain unless the facility demonstrates, in the form and manner prescribed by the Department and as specified by rule, that at least one of the conditions in subdivision (1) or (2) of subsection (b) of this section applies for each such cabin and installs and maintains an emergency ladder meeting the minimum standards established by rule pursuant to subsection (c) of this section for each such cabin.

§ 130A‑521.  Minimum standards; rule coordination.

(a)        Minimum Standards. – The Commission for Public Health shall adopt and maintain rules establishing minimum standards for youth camps, including all of the following:

(1)        Camper health screening and communicable disease prevention, reporting, and control.

(2)        Staffing ratios and staff training, including cardiopulmonary resuscitation, first aid, and child abuse recognition and reporting.

(3)        Facility sanitation, drinking water, wastewater, food service, and lodging.

(4)        Swimming pools, natural water activities, and aquatic safety.

(5)        Emergency action planning, drills, communications, and records under G.S. 130A‑522.

(6)        Incident reporting and record keeping.

(b)        Coordination. – Rules adopted under this section shall be coordinated with other State health and safety programs and shall avoid duplicative requirements. The rules may rely on existing State rules concerning food service, lodging and sanitation, public swimming pools and bathing places, onsite wastewater systems, potable water supplies, communicable disease control, and related matters.

(c)        Applicability of Part 2. – The Commission shall adopt rules making applicable to youth camps the requirements of Part 2 of this Article in the same manner those requirements apply to a campground under that Part.

§ 130A‑522.  Emergency plans; communications; orientation; training; submissions.

(a)        Emergency Plan. – Each youth camp operator shall develop, implement, and maintain an emergency plan that, at a minimum, provides procedures for all of the following:

(1)        Responding to a lost camper.

(2)        Fire in a structure or open area on camp premises.

(3)        Severe injury, severe illness, serious accident, or fatality of campers, visitors, volunteers, or staff on premises or under camp supervision.

(4)        Aquatic emergencies if the camp borders or uses a watercourse, lake, pond, or other body of water.

(5)        Severe weather and disasters, including tornado, flash flood or flood, hurricane, wildfire, dam failure, hazardous materials release, extreme heat, and winter storm conditions.

(6)        Evacuation and shelter in place, including designation of muster zones for campers and youth camp staff and procedures to identify and account for each camper.

(7)        Notification and communication with all of the following:

a.         Local emergency services and the county emergency management coordinator for the county in which the youth camp is located and, if applicable, the municipal emergency management coordinator for the municipality in which the youth camp is located.

b.         Camp administrative and medical staff.

c.         Parents or legal guardians of campers participating in the camp session.

(8)        An epidemic or other communicable disease outbreak affecting campers or staff.

(9)        An unauthorized or unknown individual present on the youth camp premises.

(10)      A transportation emergency, including incidents occurring while campers are in transit under camp supervision.

(11)      Any other natural disaster or emergency event designated by rule.

(b)        Activation Triggers. – The emergency plan shall identify objective triggers for activating the procedures required by subsection (a) of this section, which shall include (i) issuance by the National Weather Service of a tornado warning, flash flood warning, or flood warning for the area of the camp and (ii) issuance of an evacuation order, shelter in place order, or other movement or shelter directive by the Governor or by a municipality or county with jurisdiction under Chapter 166A of the General Statutes, and may include site‑specific indicators of an imminent hazard observable by camp staff.

(c)        Implementation. – A youth camp operator shall implement the emergency plan required by this section upon the occurrence of an activation trigger identified in the plan under subsection (b) of this section. At a minimum, the youth camp operator shall implement the evacuation and shelter in place procedures required by subdivision (a)(6) of this section on issuance by the National Weather Service of a tornado warning, flash flood warning, or flood warning for the area of the camp.

(d)       Emergency Preparedness Coordinator. – The youth camp operator shall designate an emergency preparedness coordinator in the plan.

(e)        Warning and Communications Capabilities. – The Commission shall adopt rules requiring a youth camp operator to provide and maintain, at each youth camp operated by the operator, warning and communications capabilities. A youth camp operator shall certify annually, in a form and manner prescribed by the Department, to the Department that the youth camp is in compliance with this subsection and rules adopted pursuant to this subsection. The rules shall require that the capabilities meet at least all of the following performance requirements:

(1)        An operable radio capable of providing real‑time weather alerts issued by the National Weather Service or a comparable professional weather service, as specified by rule.

(2)        A camp‑wide warning method capable of alerting all campers and camp occupants of an emergency, including a public address function operable without reliance on an internet connection.

(3)        Capability to monitor applicable local emergency notification systems.

(4)        Where, in accordance with criteria established by rule, the Department determines that a communications pathway not relying on commercial cellular voice service or commercial cellular data service is available for installation and operation to serve the youth camp, at least one required pathway shall not rely on commercial cellular voice service or commercial cellular data service.

(f)        Submission and Review. – The following apply:

(1)        Submission. – The youth camp operator shall submit the emergency plan required by this section with the permit application under G.S. 130A‑517 and annually thereafter with each application for renewal. A facility described in G.S. 130A‑513 shall submit the emergency plan required by this section to the Department annually, and before beginning operation of the day camp in each calendar year, in the form and manner prescribed by the Department, including through any Department‑administered electronic system.

(2)        Department action. – Within 30 days after receipt of a plan submitted under subdivision (1) of this subsection, the Department shall approve the plan or provide the operator written notice of deficiencies.

(3)        Deficiencies; resubmission. – If the Department determines the plan does not meet the requirements of this section and minimum standards prescribed by rules adopted by the Commission, the operator shall revise and resubmit the plan within 45 days after receipt of the written notice of deficiencies.

(4)        Department action on revised plan. – Within 30 days after receipt of a revised plan submitted under subdivision (3) of this subsection, the Department shall approve the revised plan or provide the operator written notice of any remaining deficiencies.

(5)        Permit condition. – Approval of the emergency plan under this subsection is a condition of permit issuance and renewal under G.S. 130A‑514.

(g)        Consultation. – In reviewing and approving emergency plans under subsection (f) of this section, the Department may consult with the local health department having jurisdiction, county or municipal emergency management, and the Youth Camp Safety Multidisciplinary Team established in G.S. 130A‑516.

(h)        Transmittal to Emergency Management. – The following apply:

(1)        County transmittal. – Within 10 business days after approval of a plan under subsection (f) of this section, the youth camp operator shall provide a copy of the approved plan to the county emergency management coordinator appointed pursuant to G.S. 166A‑19.15(b) or otherwise designated for an emergency management agency established under that statute, for the county in which the youth camp is located, or the coordinator's designee.

(2)        Municipal transmittal. – If the youth camp is located within a municipality that has established an emergency management agency pursuant to G.S. 166A‑19.15(c), the operator shall also provide a copy of the approved plan to the municipal emergency management coordinator, if any, or the coordinator's designee.

(3)        Religious sponsored child care facilities. – A facility described in G.S. 130A‑513 shall provide a copy of the plan submitted under subdivision (f)(1) of this section to the county emergency management coordinator, or the coordinator's designee, and, if applicable, to the municipal emergency management coordinator, or the coordinator's designee, not later than 10 business days after submission and shall provide updated copies not later than 10 business days after any resubmission under subdivision (f)(3) of this section.

(4)        Joint agency. – If a joint emergency management agency has been formed pursuant to G.S. 166A‑19.15(d) with jurisdiction over the youth camp's location, delivery to the coordinator, or the coordinator's designee, of the joint agency satisfies subdivisions (1) and (2) of this subsection.

(i)         Department Database. – The Department shall store in a digital database each emergency plan approved under this section and each emergency plan submitted under subdivision (f)(1) of this section by a facility described in G.S. 130A‑513 and shall provide access to that database to all of the following:

(1)        The Division of Emergency Management in the Department of Public Safety.

(2)        The county and municipal emergency management coordinators who receive plans under subsection (h) of this section.

(3)        The local health department having jurisdiction over the youth camp.

(4)        The Youth Camp Safety Multidisciplinary Team established in G.S. 130A‑516, including each member or the member's designee.

(j)         Parent Notice. – A youth camp operator shall:

(1)        Provide the most recent emergency plan approved under this section to the parent or legal guardian of a camper who is participating in a camp session and to the parent or legal guardian of a prospective camper registered to participate in a future camp session.

(2)        Notify the parent or legal guardian described in subdivision (1) of this subsection if any portion of the youth camp premises is located within a floodplain.

(3)        Ensure the parent or legal guardian signs and submits to the operator a statement acknowledging receipt of the notice required under subdivision (2) of this subsection.

(k)        Camper Safety Orientation. – The youth camp operator or a youth camp staff member shall conduct a mandatory safety orientation before a camper participates in any camp activities other than check‑in and, in all cases, not later than the end of the first day of the youth camp session. The orientation shall do all of the following:

(1)        Notify each camper of the camp's boundaries and hazards present on the camp premises.

(2)        Instruct each camper on behavioral expectations in an emergency event.

(3)        Provide each camper developmentally appropriate instruction on actions and procedures to follow in an emergency event, in accordance with the camp's emergency plan required under this section.

(l)         Annual Staff and Volunteer Training. – Before a youth camp staff member or volunteer begins duties that involve supervising campers, and at least annually thereafter, a youth camp operator shall do all of the following:

(1)        Provide each youth camp staff member and volunteer with a copy of the camp's most recent emergency plan.

(2)        Ensure each staff member and volunteer successfully completes training on the emergency plan that meets minimum standards and required hours established by rule.

(3)        Instruct each staff member and volunteer on proper procedures to follow in an emergency event.

(4)        Maintain written records documenting completion of training required by this subsection.

(m)       Posting; Illumination. – A youth camp operator shall do all of the following:

(1)        Conspicuously post in each cabin on the youth camp premises the proper evacuation route described in the emergency plan.

(2)        Ensure each evacuation route designated in the emergency plan is illuminated or otherwise clearly marked and visible at night, as specified by rule.

(n)        Confidentiality. – An emergency plan submitted to, received by, or accessed by the Department, the Youth Camp Safety Multidisciplinary Team, the Division of Emergency Management, a county or municipal emergency management coordinator or director, a local health department, or any other governmental entity under this section is not a public record as defined in G.S. 132‑1 and shall be kept confidential. The plan may be disclosed only to the extent necessary to administer this section and for emergency management, public health, or law enforcement purposes.

§ 130A‑523.  Inspections and enforcement authority.

(a)        Inspections. – A local health department shall inspect each youth camp at least once each calendar year and as needed to ensure compliance. A local health department is not required to conduct an annual inspection of a facility described in G.S. 130A‑513 and may inspect such a facility as needed to enforce G.S. 130A‑520(d) and G.S. 130A‑522. The local health department shall submit to the Department an inspection report in the form and manner prescribed by the Department.

(b)        Right of Entry. – The Secretary and a local health director shall have the right of entry upon the premises where entry is necessary to enforce this Chapter or rules adopted by the Commission or a local board of health, as set out in G.S. 130A‑17.

(c)        Enforcement Authority. – The Secretary may deny, suspend, revoke, or refuse to renew a permit issued under this Part in accordance with G.S. 130A‑23. The Secretary and a local health director may issue administrative orders requiring corrective action and may order immediate closure where an imminent hazard exists in accordance with G.S. 130A‑20, and other remedies are available under G.S. 130A‑18 and G.S. 130A‑19. The local health department shall notify the Department of enforcement actions taken under this subsection in the form and manner prescribed by the Department.

(d)       Appeals. – Appeals of actions taken by the Department under this Part shall proceed as contested cases under Chapter 150B of the General Statutes, as provided in G.S. 130A‑24(a) through (a1). Appeals concerning the enforcement of rules adopted by the local board of health or actions of the local health director shall be conducted in accordance with G.S. 130A‑24(b) through (d).

§ 130A‑524.  Uniform data and reporting.

The Commission shall establish by rule uniform data elements and reporting intervals for youth camps. Local health departments shall submit required data to the Department. The Department shall publish an annual summary of program activity and compliance, subject to applicable confidentiality laws. By October 1 each year, the Department shall publish a summary of receipts and expenditures from the Youth Camp Oversight Fund for the prior fiscal year.

Part 2. Campground Safety.

§ 130A‑526.  Definitions.

The following definitions apply in this Part:

(1)        Cabin. – A structure used to provide temporary sleeping quarters for occupants of a campground.

(2)        Campground. – A property that is designed to provide cabins or recreational vehicle sites for transient overnight occupancy or use.

(3)        Campground operator. – A person or governmental entity that owns, operates, controls, or supervises a campground, regardless of profit status.

(4)        Floodplain. – As defined in G.S. 130A‑512(4).

(5)        Governmental entity. – The State, a State agency, or a political subdivision of the State.

§ 130A‑527.  Safety requirements; emergency plans; submissions.

(a)        Emergency Ladder; Plan Required. – A campground operator shall do all of the following:

(1)        Install and maintain in each cabin located within the floodplain an emergency ladder capable of providing access to the cabin's roof.

(2)        Develop an emergency plan addressing all of the following:

a.         Evacuation of occupants upon issuance of a flash flood or flood warning affecting an area of the campground within the floodplain.

b.         Evacuation upon issuance of an evacuation order due to wildfire, hurricane, or other disaster by the Governor or by a municipality or county exercising authority under Chapter 166A of the General Statutes.

c.         Shelter in place upon issuance of a tornado warning or an order to shelter in place by the Governor or by a municipality or county exercising authority under Chapter 166A of the General Statutes.

(b)        Implementation Trigger. – A campground operator shall implement the plan upon issuance of the specified warnings by the National Weather Service or upon issuance of the specified evacuation or shelter directives by the Governor or by a municipality or county exercising authority under Chapter 166A of the General Statutes.

(c)        Submission. – The following apply:

(1)        County submission. – A campground operator shall furnish the emergency plan to the county emergency management coordinator appointed pursuant to G.S. 166A‑19.15(b) for the county in which the campground is located, or the coordinator's designee.

(2)        Municipal submission. – If the campground is located within a municipality that has established an emergency management agency pursuant to G.S. 166A‑19.15(c), the operator shall also furnish the emergency plan to the municipal emergency management coordinator, if any, or the coordinator's designee.

(3)        Joint agency. – If a joint emergency management agency has been formed pursuant to G.S. 166A‑19.15(d) with jurisdiction over the campground's location, delivery to the coordinator, or the coordinator's designee, of the joint agency satisfies subdivisions (1) and (2) of this subsection.

(d)       Confidentiality. – An emergency plan furnished to a governmental entity under this section is not a public record as defined in G.S. 132‑1 and shall be kept confidential. The plan may be disclosed only to the extent necessary for emergency management, public health, or law enforcement purposes.

§ 130A‑528.  Fire and life‑safety standards.

(a)        Building Code and Fire Code Authority. – Nothing in this Part alters the authority of the Building Code Council, the Office of the State Fire Marshal, or any local official enforcing the North Carolina State Building Code, including the North Carolina Fire Code.

(b)        Documentation. – For purposes of inspection and enforcement of this Part, a campground operator shall maintain documentation of approvals and inspections issued by the authority having jurisdiction under the North Carolina State Building Code for any cabins or other structures for which such approvals or inspections are required and shall make the documentation available to the Department or the local health department upon request.

(c)        Building Code Interpretation. – Nothing in this Part authorizes the Department or a local health department to interpret or enforce the North Carolina State Building Code.

§ 130A‑529.  Rulemaking; enforcement; coordination with Building Code.

(a)        Rulemaking. – The Commission for Public Health may adopt rules necessary to implement this Part. Rules adopted under this Part shall not conflict with the North Carolina State Building Code, including the Fire Code, and the Commission shall consult with the Building Code Council and the Office of the State Fire Marshal in developing such rules.

(b)        Enforcement. – The Department and local health departments may enforce this Part using the enforcement authorities available under Part 2 of Article 1 of this Chapter, as applicable, including those provided in G.S. 130A‑17 through G.S. 130A‑20. Appeals shall proceed in accordance with G.S. 130A‑24.

(c)        Coordination. – Where a campground is operated as part of a youth camp, the Department and local health departments shall coordinate inspections and enforcement under this Part with Part 1 of this Article to minimize duplicative actions.

SECTION 1.(b)  G.S. 130A‑22 is amended by adding a new subsection to read:

(b4)    The Secretary or the local health director may assess an administrative penalty of not more than one thousand dollars ($1,000) for each violation of Part 1 of Article 25 of this Chapter or a rule adopted under it. Each day of a continuing violation may be treated as a separate violation. In determining the amount of the penalty, the assessing official shall consider factors, including the degree of risk to public health and safety, the duration and gravity of the violation, corrective actions, prior record, and costs to the State and county of enforcement.

SECTION 2.  G.S. 130A‑248 is amended by adding a new subsection to read:

(h)      When a facility is permitted as a youth camp under G.S. 130A‑514, the Department and local health departments shall coordinate permitting and inspection activities under this section with permitting and inspection under Part 1 of Article 25 of this Chapter to minimize duplication. A permit issued under G.S. 130A‑514 does not substitute for any permit required by this section or by other law for food service establishments or lodging establishments or for any public swimming pool or onsite wastewater system regulated elsewhere in this Chapter; however, inspections may be scheduled and documented on a consolidated basis using standardized forms prescribed by the Department.

SECTION 3.(a)  Rulemaking Authority. – The Commission for Public Health shall adopt permanent rules to implement this act and may adopt temporary rules pursuant to G.S. 150B‑21.1. In developing rules, the Commission shall consult with the North Carolina Building Code Council and the Office of the State Fire Marshal and shall not adopt rules that conflict with the North Carolina State Building Code, including the Fire Code.

SECTION 3.(b)  Conforming Rule Changes. – The Commission shall amend its rules, as necessary, to conform to the provisions of this act, including rules governing summer camps, resident camps, and primitive experience camps, to recognize the Department as the permitting authority under G.S. 130A‑514 and to implement the emergency plan requirements of G.S. 130A‑522.

SECTION 3.(c)  Temporary Rules. – Temporary rules shall be adopted and become effective no later than March 1, 2027. Temporary rules shall not establish an initial compliance date earlier than 30 days after the date the temporary rules become effective. Temporary rules shall remain in effect until the effective date of permanent rules adopted pursuant to this act that replace the temporary rules.

SECTION 3.(d)  Permanent Rules. – The Commission shall adopt permanent rules no later than October 1, 2027.

SECTION 4.(a)  Forms, Systems, and Training. – The Department of Health and Human Services shall do all of the following on or before the date temporary rules adopted pursuant to this act become effective:

(1)        Make available standardized forms, templates, instructions, and an electronic submission process sufficient to accept permit applications, emergency plans, and other submissions required under Article 25 of Chapter 130A of the General Statutes.

(2)        Establish the database required by G.S. 130A‑522(i) and provide access to the entities described in that subsection.

(3)        Provide guidance and training materials to local health departments to support consistent implementation.

SECTION 4.(b)  Emergency Plan Submissions. – Notwithstanding G.S. 130A‑522(f), a youth camp operator or a facility described in G.S. 130A‑513 is not required to submit an emergency plan to the Department before the date that is 60 days after the date temporary rules adopted pursuant to this act become effective. On and after that date, emergency plans shall be submitted in the form and manner prescribed by the Department and in accordance with G.S. 130A‑522(f).

SECTION 4.(c)  Permit Phase‑In. – Notwithstanding G.S. 130A‑514(a), the following apply:

(1)        Permit requirement. – A permit under Article 25 of Chapter 130A of the General Statutes is required on and after the date that is 60 days after the date temporary rules adopted pursuant to this act become effective. This subdivision applies to permit applications submitted on or after that date.

(2)        Temporary bridge for emergency plan approval. – For the period beginning on the date described in subdivision (1) of this subsection and ending December 31, 2027, the Department may issue or renew a permit notwithstanding the requirement for plan approval in G.S. 130A‑514(b) and G.S. 130A‑522(f)(5) if the youth camp operator has submitted an emergency plan in accordance with G.S. 130A‑522(f)(1) and certifies compliance with temporary rules adopted pursuant to this act, in the form and manner prescribed by the Department. The Department may deny, suspend, revoke, or refuse to renew a permit as authorized by law if the operator fails to cure deficiencies identified by the Department within the time allowed under G.S. 130A‑522(f).

(3)        Hard launch. – On and after January 1, 2028, the Department shall not issue or renew a permit unless the emergency plan has been approved in accordance with G.S. 130A‑522(f).

SECTION 4.(d)  Online List. – The Department shall establish the online list required by G.S. 130A‑519 no later than the date the permit requirement begins under subsection (c) of this section.

SECTION 4.(e)  Inspections. – Notwithstanding G.S. 130A‑523(a), the requirement to inspect each youth camp at least once each calendar year applies to inspections conducted on or after January 1, 2028. Nothing in this subsection limits inspections conducted as needed to ensure compliance or to address an imminent hazard as authorized by law.

SECTION 4.(f)  Youth Camp Safety Multidisciplinary Team. – The appointing authorities for the members described in G.S. 130A‑516(b)(8) and (9) shall make the initial appointments no later than 30 days after this act becomes law. Each agency or entity listed in G.S. 130A‑516(b)(1) through (7) shall designate its representative not later than 30 days after this act becomes law. The Secretary of the Department of Health and Human Services shall convene the first meeting of the Team no later than 60 days after this act becomes law.

SECTION 4.(g)  Agency Preparations. – The Commission for Public Health, the Department of Health and Human Services, the Youth Camp Safety Multidisciplinary Team established in G.S. 130A‑516, and the agencies represented on the Team may begin rulemaking, guidance development, interagency coordination, and implementation when this act becomes law.

SECTION 5.  Funding. – The sum of five hundred thousand dollars ($500,000) in recurring funds beginning with the 2026‑2027 fiscal year is appropriated from the General Fund to the Department of Health and Human Services for implementation of the requirements of this act. The Department may establish up to four positions with the funds appropriated by this section.

SECTION 6.  Effective Date. – Section 5 of this act becomes effective July 1, 2026. The remainder of this act is effective when it becomes law.