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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.
ATCP 76.04(34) (34)“Pad walk" means a tethered floatable under rope and netting in an activity pool that allows a patron to cross the water using his or her hands.
ATCP 76.04(35) (35)“Patron" means a user of a pool.
ATCP 76.04(36) (36)“Patron load" means the number of patrons in a body of water of a pool.
ATCP 76.04(37) (37)“Person" means an individual, partnership, association, firm, company, corporation, municipality, county, town or state agency, whether tenant, owner, lessee, or licensee, or the agent, heir, or assignee of any of these.
ATCP 76.04(38) (38)“Plunge pool" means a pool with a depth of greater than 24 inches (61centimeters), located at the exit end of a waterslide flume and intended and designed to receive a patron emerging from the flume.
ATCP 76.04(39) (39)“Pool and water attraction area" means, in an outdoor facility, the pool or water attraction and the area within the basin's enclosure and, in an indoor facility, the pool or water attraction and the required deck as specified in s. SPS 390.13 (1) and (2).
ATCP 76.04(40) (40)“Pool slide" means a slide where the drop from the slide terminus to water is less than 20 inches (50.8 centimeters) and the flume carries less than 100 gallons of water per minute.
ATCP 76.04(41) (41)“Pool" means a structure, basin, chamber, or tank, and appurtenant buildings and equipment, used for wading, swimming, diving, water recreation, or therapy. Types of pools include pools used for swimming, combination pools, diving pools, exercise pools, experiential pools, mobile pools, therapy pools, wading pools, whirlpools, and cold soak pools.
ATCP 76.04(42) (42)“Responsible supervisor" means a person designated by the operator to maintain compliance with regulations governing safety and sanitation of a pool or water attraction, a pool slide, or a waterslide.
ATCP 76.04(43) (43)“Run-out slide" means a water slide where the rider does not exit into a plunge pool, but has a deceleration area that permits the patron to stop before exiting the slide flume.
ATCP 76.04(44) (44)“Slide terminus" means the last 10 feet (3.05 meters) of a slide flume discharging into a pool or water attraction.
ATCP 76.04(45) (45)“Superchlorination" means the addition of an oxidizing product such as chlorine to pool water to raise the level of oxidizer to at least 10 ppm. “Superchlorination" is sometimes referred to as “superoxidation".
ATCP 76.04(46) (46)“Tethered floatable" means a play item or floatation device that is affixed to the basin of a pool to restrict movement of the item.
ATCP 76.04(47) (47)“Unauthorized access" means the entrance of a person into a restricted area without permission of the operator or the operator's designated representative.
ATCP 76.04(48) (48)“Therapy pool" means a pool used for medically administered physical therapy.
ATCP 76.04(49) (49)“Turnover time" means the time for a given volume of water to pass through the recirculation system.
ATCP 76.04(50) (50)“Vanishing edge pool" means a pool that has no above-water line wall on one or more sides where water spills over the edge.
ATCP 76.04(51) (51)“Vortex pool" means a water attraction that is equipped with a method of transporting water in the basin for the purpose of propelling patrons at speeds dictated by the velocity of the moving stream.
ATCP 76.04(52) (52)“Wading pool" means a shallow pool having a maximum depth of 24 inches (61 centimeters) and intended for children's play.
ATCP 76.04(53) (53)“Water attraction" means a public facility with design and operational features that provide patron recreational activity other than conventional swimming and involves partial or total immersion of the body. Types of water attractions include activity pools, interactive play attractions, leisure rivers, plunge pools, vortex pools, vanishing edge pools, waterslides, run-out slides, drop slides, pool slides, wave pools, zero-depth entry pools, and any public pool with play features except wading pools.
ATCP 76.04(54) (54)“Water attraction complex" means a facility where a water attraction is located within an enclosure or room with another water attraction or pool.
ATCP 76.04(55) (55)“Waterslide" means a slide where a water flow of 100 gallons of water per minute or more is intended to carry a rider down a flume.
ATCP 76.04(56) (56)“Wave pool" means a water attraction designed to simulate breaking or cyclical waves for the purposes of surfing or general play.
ATCP 76.04(57) (57)“Whirlpool" means a small pool, sometimes called a “spa", which uses higher temperature water than other pools and may include a water agitation system.
ATCP 76.04(58) (58)“Zero-depth entry pool" means a water attraction having a sloped entrance to where the water depth is zero inches at the shallowest point.
ATCP 76.04 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; corrections in (4) and (14) made under s. 13.92 (4) (b) 6. and 7., Stats., Register January 2009 No. 637; CR 09-115: am. (13), (27) (c) 1., (39), (40) and (45) Register May 2010 No. 653, eff. 6-1-10; correction in (39) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 172.04 Register June 2016 No. 726; correction in (4) made under s. 13.92 (4) (b) 7., Stats., and correction in (14) made under s. 13.92 (4) (b) 6., Stats., Register June 2016 No. 726; CR 18-019: am. (4) Register January 2020 No. 769, eff. 2-1-20.
ATCP 76.05 ATCP 76.05Licenses.
ATCP 76.05(1)(1)License required.
ATCP 76.05(1)(a)(a) No pool may be opened to the public until the owner of the pool has obtained a license from the department or its agent by submitting an application under sub. (4) and paying the applicable fee specified in s. ATCP 76.06. A separate license is required for each pool basin.
ATCP 76.05(1)(b) (b) If any one of the following circumstances applies, a new initial license is required, and the pool may not be opened to the public until the department has issued a new license:
ATCP 76.05(1)(b)1. 1. A pool for which a license has been issued is later modified into a different pool type.
ATCP 76.05(1)(b)2. 2. A license holder sells or otherwise transfers ownership or operation of a pool to another person, except as provided in sub. (3).
ATCP 76.05(2) (2)License duration and renewal.
ATCP 76.05(2)(a) (a) Each license issued under this chapter expires on June 30, except that a license initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.
ATCP 76.05(2)(b) (b) Each license shall be renewed annually as provided in sub. (4) (b).
ATCP 76.05(3) (3)Transferability of licenses. An individual may transfer a license to an immediate family member, as defined in s. 97.605 (4) (a) 2., Stats., if the individual is transferring operation of the pool, and a sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a license to the newly formed business entity or sole proprietorship if the pool remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity. Except as provided in this subsection, no license issued under this chapter is transferable from one premise to another or from one person or entity to another.
ATCP 76.05 Note Note: Under s. 97.605 (4) (a) 2., Stats., “Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under s. 97.605 (4) (a) 1. and s. 179.70 (1), Stats., a “business entity" means: a corporation, as defined in s. 180.0103 (5), Stats., a limited liability company, as defined in s. 183.0102 (10), Stats., a limited partnership, or a corporation, as defined in s. 181.0103 (5), Stats., a foreign limited liability company, as defined in s. 183.0102 (8), Stats., a foreign limited partnership, a foreign corporation, as defined in s. 180.0103 (9), Stats., or a foreign corporation, as defined in s. 181.0103 (13), Stats.
ATCP 76.05(4) (4)License application.
ATCP 76.05(4)(a) (a) Initial license. Application for an initial or new license shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following:
ATCP 76.05(4)(a)1. 1. The applicable fees specified under s. ATCP 76.06 and any fees previously due to the department or its agent.
ATCP 76.05(4)(a)2. 2. Proof that the department of safety and professional services under s. SPS 390.04 (1) has approved plans and specifications for the pool, including modifications.
ATCP 76.05(4)(a)3. 3. The completed final inspection report and approval from the department of safety and professional services authorized inspector.
ATCP 76.05(4)(a)4. 4. A statement from an engineer who worked on the pool indicating that it was completed in accordance with the pool's construction plan under s. SPS 390.05 (1) (c).
ATCP 76.05(4)(a)5. 5. Information, as determined by the department or its agent, indicating that the pool will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the pool that will protect the health, safety, and welfare of the public.
ATCP 76.05 Note Note: To obtain a copy of the pool operator license application form, or to determine which agent to contact for an application form, call (608) 224-4923 or send an e-mail to datcpdfslicensing@wi.gov.
ATCP 76.05(4)(b) (b) Renewal license. Application for a renewal license shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following:
ATCP 76.05(4)(b)1. 1. Payment of the applicable license fee specified in s. ATCP 76.06 before the expiration date of the license.
ATCP 76.05(4)(b)2. 2. If payment is not made before the expiration date of the license, the late fee specified in s. ATCP 76.06 (1) (c) in addition to the license fee.
ATCP 76.05(4)(b)3. 3. Information, as determined by the department or its agent, indicating that the pool will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the pool that will protect the health, safety, and welfare of the public.
ATCP 76.05(5) (5)Department action on license application.
ATCP 76.05(5)(a)(a) The department or its agent shall issue or deny a license within 30 days after receiving a complete application, all applicable fees, and the other information required under sub. (4).
ATCP 76.05(5)(b) (b) Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a license issued under this paragraph may be conditioned upon the requirement that the license holder correct a violation of this chapter, s. 97.67, Stats., or ordinances adopted under s. 97.615 (2) (g), Stats., within a period of time specified. If the condition is not met within the specified time, the license is void. No person may operate a pool after a license has been voided under this paragraph, and any person who does so shall be subject to the penalties under ss. 97.72 and 97.73, Stats. An owner whose license is voided under this paragraph may appeal the decision under s. ATCP 76.09.
ATCP 76.05(5)(c) (c) The department or its agent may refuse to issue or renew a license to operate a pool under any of the following circumstances:
ATCP 76.05(5)(c)1. 1. The department or its agent has not conducted a preinspection of a pool for which an initial or new license is required under sub. (1).
ATCP 76.05(5)(c)2. 2. The owner of a pool has not corrected a condition for which the department or agent has issued a written safety–related order.
ATCP 76.05(5)(c)3. 3. All applicable fees under s. ATCP 76.06 have not been paid, including the license fee, preinspection fee, reinspection fee, or other applicable fees.
ATCP 76.05(5)(c)4. 4. The owner has modified, repaired, or maintained the pool in a manner that is not in accordance with what the department recognizes as safe practice.
ATCP 76.05(5)(c)5. 5. The owner, applicant, or license holder has failed to provide the department or its agent with information required under sub. (4).
ATCP 76.05(5)(c)6. 6. The owner or applicant has violated ch. 97, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the pool.
ATCP 76.05(5)(d) (d) If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under s. ATCP 76.09.
ATCP 76.05(6) (6)Voided license for failure to pay fees. If an applicant or owner fails to pay all applicable fees, late fees and processing charges under s. ATCP 76.06 within 15 days after the applicant or owner receives notice of an insufficiency under s. ATCP 76.06 (2), or within 45 days after the expiration of the license, whichever occurs first, the license is void. An owner whose license is voided under this subsection may appeal the decision under s. ATCP 76.09. In an appeal concerning a voided license under this subsection, the burden is on the license applicant or owner to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the pool is deemed to be operation without a license and is subject to the fees under s. ATCP 76.06 (1) (e) in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection.
ATCP 76.05(7) (7)License posting. A license shall be posted in a place visible to the public. A license may not be altered or defaced.
ATCP 76.05 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. (4) (a) 4. Register May 2010 No. 653, eff. 6-1-10; correction in (4) (a) 4. made under s. 13.92 (4) (b) 7., Stats., Register May 2010 No. 653; correction in (4) (a) 2. to 4. made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; renum. from DHS 172.05 Register June 2016 No. 726; correction in (1) (a), (3), (4) (a) 1., (b) 1., 2., (5) (b), (c) 3., 6., (d), (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (5) (c) 1., 3. made under s. 35.17, Stats., Register June 2016 No. 726; CR 18-019: am. (title), (1) to (3), (4) (title), (a) (intro.), (b) (intro.), 1., 2., (5) (title), (a), (b), (c) (intro.), 1., 3., (6), (7) Register January 2020 No. 769, eff. 2-1-20; corerction in (4) (b) 1., (5) (c) 5., (d) made under s. 35.17, Stats., Register January 2020 No. 769.
ATCP 76.06 ATCP 76.06Fees.
ATCP 76.06(1)(1)Types of fees.
ATCP 76.06(1)(a)(a) Preinspection fee. The owner of a pool shall pay the applicable preinspection fee listed in Table ATCP 76.06 to the department before an initial or new license is issued under s. ATCP 76.05 (1).
ATCP 76.06(1)(b) (b) License fee. The owner of a pool shall pay the applicable license fee listed in Table ATCP 76.06 to the department for each pool that the operator applies for a license to operate under s. ATCP 76.05 (1) or (2).
ATCP 76.06(1)(c) (c) Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the owner of the pool shall pay to the department a late fee of $75 in addition to the renewal license fee.
ATCP 76.06(1)(d) (d) Reinspection fee. If the department conducts a reinspection of a pool under s. ATCP 76.07 (1) (b) 1. and 2., the owner shall pay to the department the applicable reinspection fee listed in Table ATCP 76.06. The department shall assess an additional $50 fee for any additional reinspection conducted under s. ATCP 76.07 (1) (b) 4.
ATCP 76.06(1)(e) (e) Fees for operating without a license. Any pool found to be operating without a license shall pay to the department an amount equal to the annual license fee, in addition to all applicable fees and any processing charges under s. ATCP 76.05 (6).
ATCP 76.06 Note Note: Anyone operating a pool without a license is also subject to the penalties in ss. 97.72 and 97.73, Stats.
ATCP 76.06(1)(f) (f) Duplicate license. The department shall charge the operator of a pool $10 for a duplicate license. - See PDF for table PDF
ATCP 76.06(2) (2)Method of payment. If the payment for an initial or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or owner shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under sub. (1) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
ATCP 76.06 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.06 Register June 2016 No. 726; correction in (1) (a), (b), (d), (e), Table made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (1) (a), (d) made under s. 35.17, Stats., Register June 2016 No. 726; CR 18-019: am. (1) (a), (b), (c), (e), (f) (title), (2) Register January 2020 No. 769, eff. 2-1-20; correction in (1) (f) made under s. 35.17, Stats., Register January 2020 No. 769.
ATCP 76.07 ATCP 76.07Enforcement.
ATCP 76.07(1)(1)Inspections and access to the premises.
ATCP 76.07(1)(a)(a) Inspections. Under ss. 97.615 (2) and 97.65 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any pool area, including the recirculation equipment and piping area, at any reasonable time, for any of the following purposes:
ATCP 76.07(1)(a)1. 1. To inspect the pool.
ATCP 76.07(1)(a)2. 2. To determine if there has been a violation of this chapter or s. 97.67, Stats.
ATCP 76.07(1)(a)3. 3. To determine compliance with previously written violation orders.
ATCP 76.07(1)(a)4. 4. To secure samples or specimens.
ATCP 76.07(1)(a)5. 5. To examine and copy relevant documents and records, provided such information is related to the operation of the 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.