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Subchapter IV — Operation and Management
ATCP 76.25   Permissible patron load.
ATCP 76.26   Rescue equipment.
ATCP 76.27   First aid supplies.
ATCP 76.28   Food and drink.
ATCP 76.29   Posting pool and water attraction rules.
ATCP 76.30   Pool closing criteria.
ATCP 76.31   Fecal accident response.
ATCP 76.32   Monthly reports and records.
ATCP 76.33   Facility maintenance, repair and sanitation.
Subchapter V — Pool, Slide, and Water Attraction Construction and Design
ATCP 76.34   Pool design.
ATCP 76.35   Waterslide and pool slide design.
ATCP 76.36   Water attraction, play features, and slide design.
ATCP 76.37   Maintenance, repair, and modifications of water attractions.
Ch. ATCP 76 Note Note: Chapter H 72 as it existed on August 31, 1978 was repealed and a new chapter H 72 was created effective September 1, 1978. Chapter H 72 was renumbered Chapter HSS 172, effective May 1, 1982. Chapter HSS 172 as it existed on November 30, 1989 was repealed and a new chapter HSS 172 was created effective December 1, 1989. HSS 172 was renumbered Chapter HFS 172 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 493; correction made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1998, No. 512; CR 06-086: r. and recr. ch. HFS 172, Register August 2007 No. 620, eff. 2-1-08. Chapter HFS 172 was renumbered chapter DHS 172 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; chapter DHS 172 was renumbered chapter ATCP 76 made under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.
subch. I of ch. ATCP 76 Subchapter I — Administration
ATCP 76.01 ATCP 76.01 Authority and purpose. This chapter is promulgated under the authority of s. 97.67, Stats., to regulate the maintenance and operation of public pools and water attractions in order to protect the health and safety of the public.
ATCP 76.01 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.01 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 76.02 ATCP 76.02Applicability.
ATCP 76.02(1)(1)This chapter applies to the operation of public pools and water attractions.
ATCP 76.02(1)(a) (a) A pool or water attraction is a public pool or water attraction if it is installed in a “place of employment," as defined in s. 101.01 (11), Stats., or in a “public building," as defined in s. 101.01 (12), Stats., or if it serves or is installed for use by the state, a political subdivision of the state, a motel, a hotel, a tourist rooming house, a bed and breakfast establishment, a resort, a camp, a campground, a club, an association, a housing development, such as an apartment complex, condominium complex, or housing complex having a homeowners' association, a school, a religious, charitable or youth organization, or an educational or rehabilitative facility.
ATCP 76.02(1)(b) (b) A pool or water attraction is not a public pool or water attraction if it serves fewer than 3 individual residences, unless it is used on a regular basis by persons other than the residents.
ATCP 76.02(2) (2)Unless the context clearly indicates otherwise, references to “pool" in these rules means a public pool or water attraction.
ATCP 76.02 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.02 Register June 2016 No. 726.
ATCP 76.03 ATCP 76.03Approved comparable compliance.
ATCP 76.03(1)(1)The department may approve an alternative to a method, practice, material, equipment, or design required under this chapter that will not be contrary to public health, safety, or welfare, if the department is provided with satisfactory proof that the alternative will achieve results which are closely equivalent to the results of literal application of the requirement.
ATCP 76.03(2) (2)An alternative approved under sub. (1) may, at the department's discretion, be made conditional for any of the following:
ATCP 76.03(2)(a) (a) A defined period of time.
ATCP 76.03(2)(b) (b) Experimental or trial purposes.
ATCP 76.03 Note Note: To obtain a form for requesting an alternative, e-mail datcpdfrsrec@wisconsin.gov, call (608) 224-4702, or write to the Bureau of Food and Recreational Businesses, PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 76.03 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.03 Register June 2016 No. 726.
ATCP 76.04 ATCP 76.04Definitions. In this chapter:
ATCP 76.04(1) (1)“Activity pool" means a water attraction with a depth greater than 24 inches (61 centimeters) designed primarily for play activity that uses constructed features and devices including pad walks, flotation devices and similar attractions.
ATCP 76.04(2) (2)“Actual patron load" means the number of patrons in the water.
ATCP 76.04(3) (3)“Adult" means a person 18 years of age or older.
ATCP 76.04(4) (4)“Agent" means the city, county or village designated by the department under s. 97.615 (2), Stats., and ch. ATCP 74 to issue licenses to and make investigations or inspections of public pools and water attractions.
ATCP 76.04(5) (5)“Approved" means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
ATCP 76.04(6) (6)“Attendant" means a person trained to operate a pool, including slides and other appurtenances, and control patrons in a safe and orderly manner.
ATCP 76.04(7) (7)“Breakpoint chlorination" means establishing a hygienic environment in the pool by raising the free available chlorine level to 10 times the combined chlorine level to achieve the destruction of chloramines.
ATCP 76.04(7g) (7g)“Certified water attraction operator" means an operator who is certified by successful completion of at least one of the following training courses:
ATCP 76.04(7g)(a) (a) The National Swimming Pool Foundation certified pool operator course.
ATCP 76.04(7g)(b) (b) The National Recreation and Park Association aquatic facility operator course.
ATCP 76.04(7r) (7r)“CPR" means cardiopulmonary resuscitation.
ATCP 76.04(8) (8)“Children's slide" means a slide that has a maximum height of 4 feet (1.2 meters) as measured vertically from the slide entrance to slide terminus, and located in less than 24 inches (61 centimeters) of water.
ATCP 76.04(9) (9)“Cold soak pool" means a pool that uses cold water for therapy.
ATCP 76.04(10) (10)“Combination pool" means a pool that is used for swimming and diving.
ATCP 76.04(11) (11)“Current pool" means a pool that creates a current for the purpose of exercise.
ATCP 76.04(12) (12)“Deck" means the approved, unobstructed walking surface immediately adjacent to a pool.
ATCP 76.04(13) (13)“Deep portion" means a portion of a pool having a design water depth greater than 5 feet.
ATCP 76.04(14) (14)“Department" means the Wisconsin department of agriculture, trade and consumer protection.
ATCP 76.04(15) (15)“Diving pool" means a pool used exclusively for diving.
ATCP 76.04(16) (16)“Drop slide" means a slide where the terminus is located 20 inches (50.8 centimeters) or more above the water level.
ATCP 76.04(17) (17)“Engineer" means a registered professional engineer licensed in Wisconsin.
ATCP 76.04(18) (18)“Entry access point" means the area in which a patron enters a water attraction.
ATCP 76.04(19) (19)“Erosion feeder" means a chemical feed device in which powder, tablets, briquettes, or sticks are placed in a container and through which a water stream is passed, eroding and dissolving the chemical.
ATCP 76.04(20) (20)“Exercise pool" means a pool of shallow depth that operates with or without a current.
ATCP 76.04 Note Note: Exercise pools are usually associated with health spas.
ATCP 76.04(21) (21)“Filter aid" means finely powdered diatomaceous earth or similar approved material used to coat a septum type filter.
ATCP 76.04(22) (22)“Flume" means that part of a slide within which sliding takes place.
ATCP 76.04(23) (23)“Free chlorine residual" means the amount of hypochlorous acid remaining in the water as determined by a diethyl-p-phenylene diamine test kit or approved equivalent.
ATCP 76.04(24) (24)“Injury or illness report" means the written record of all facts regarding an accident resulting in bodily harm associated with a pool.
ATCP 76.04(25) (25)“Interactive play attraction" means a water attraction, including manufactured devices using sprayed, jetted or other water sources contacting patrons and not incorporating standing or captured water as part of the patron activity area.
ATCP 76.04 Note Note: Splash pads and spray pads are examples of interactive play attractions.
ATCP 76.04(26) (26)“Leisure river" means a channeled flow of water of near-constant depth in which the water is moved by pumps or other means of propulsion to provide a river-like flow that transports patrons over a defined path. A leisure river may include play features and devices. A leisure river may also be referred to as a tubing pool or a current channel.
ATCP 76.04(27) (27)“Lifeguard" means a person holding all of the following certifications:
ATCP 76.04(27)(a) (a) Lifeguard certification, limited to one or more of the following:
ATCP 76.04(27)(a)1. 1. A current American Red Cross Lifeguard Training certificate.
ATCP 76.04(27)(a)2. 2. A Young Men's Christian Association Lifeguarding certificate.
ATCP 76.04(27)(a)3. 3. An International Lifeguard Training Program certificate.
ATCP 76.04(27)(a)4. 4. National Aquatic Safety Company Lifeguard Training Program.
ATCP 76.04 Note Note: CPR certification through this program is only valid for lifeguards working at a certified National Aquatic Safety Company Lifeguard Training Program facility with current certification.
ATCP 76.04(27)(a)5. 5. Other lifeguard certification approved by the department.
ATCP 76.04(27)(b) (b) First aid certification, limited to one or more of the following:
ATCP 76.04(27)(b)1. 1. A standard first aid certificate from the American Red Cross.
ATCP 76.04(27)(b)2. 2. Other first aid certification approved by the department.
ATCP 76.04(27)(c) (c) CPR, limited to one or more of the following:
ATCP 76.04(27)(c)1. 1. A certificate from the American Red Cross “CPR-AED for Lifeguards" course.
ATCP 76.04(27)(c)2. 2. A certificate from the American Heart Association “CPR for the Healthcare Professional".
ATCP 76.04(27)(c)3. 3. A certificate from the American Safety and Health Institute“ CPR Pro-Professional Level CPR/AED".
ATCP 76.04(27)(c)4. 4. A certificate from American Academy of Orthopedic Surgeons/Emergency Care and Safety Institute Professional Rescuer CPR".
ATCP 76.04(27)(c)5. 5. Other CPR certification approved by the department.
ATCP 76.04(28) (28)“Lifeguard and attendant staffing plan" means a written description on how lifeguards and attendants will be used at pools.
ATCP 76.04(29) (29)“Material safety data sheet" means written information that details the hazards associated with a chemical and gives information on its safe use.
ATCP 76.04(30) (30)“Nontethered floatable" means a floatation device added to a pool that is not tethered to the pool basin, allowing movement of the device around the water. Rubber tubes in leisure rivers and swim wings are not considered nontethered floatables.
ATCP 76.04(31) (31)“NSF" means National Sanitation Foundation.
ATCP 76.04(32) (32)“Operator" means the owner of a pool or the person responsible to the owner for the operation of a pool, including the mechanical systems operations of the pool.
ATCP 76.04(33) (33)“Owner" means the state, a political subdivision of the state, corporation, company, association, firm, partnership, or individual owning or controlling any pool.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.