ATCP 76.03 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; correction in (2), (49), (65), (77) made under s.
35.17, Stats., and correction in (19), (63) (a), (c), (64) made under s.
13.92 (4) (b) 7., Stats.,
Register June 2023.
ATCP 76.04
ATCP 76.04
Plans and specifications for pools. ATCP 76.04(1)(1)
Approval required. An operator shall submit pool plans for new construction and obtain approval from the Wisconsin department of safety and professional services pursuant to ch.
SPS 390. After July 1, 2023, the following documents shall be kept onsite and made available to the department or its agent upon request:
ATCP 76.04(1)(d)
(d) Conditional Wisconsin department of safety and professional services approvals, if applicable.
ATCP 76.04(1)(e)
(e) Final Wisconsin department of safety and professional services inspection approval.
ATCP 76.04(1)(f)
(f) Wisconsin department of safety and professional services or department variances, if applicable.
ATCP 76.04(2)
(2)
Modifications. An operator shall submit pool modification plans to the Wisconsin department of safety and professional services pursuant to
ch.
SPS 390. Documentation shall be made available to the department or its agent upon request as required under sub.
(1).
ATCP 76.04(3)
(3)
Change of operator. For a pool constructed prior to July 1, 2023, pool construction plans are not required when a change of operator occurs and a new license is required pursuant to s.
ATCP 76.05 (1).
ATCP 76.04 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; correction in (1) (intro.) made under s.
35.17, Stats.,
Register June 2023 No. 810.
ATCP 76.045
ATCP 76.045 License holder qualifications. To qualify for a license, an applicant shall do all of the following:
ATCP 76.045(1)
(1)
Owner. Be an owner of the pool or an officer of the legal entity owning the pool.
ATCP 76.045(2)
(2)
Payment of fees. Pay the applicable license fees at the time the application is submitted.
ATCP 76.045 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.046
ATCP 76.046 License holder responsibilities. Upon acceptance of the license issued by the department or its agent, the license holder shall do all of the following in order to retain the license:
ATCP 76.046(1)
(1) Allow an authorized representative of the department or its agent access to the pool and provide any required information to that authorized representative.
ATCP 76.046(3)
(3) Follow reporting requirements to the department or its agent, as applicable, as outlined in this chapter.
ATCP 76.046(4)
(4) Immediately discontinue operations directly related to an imminent health hazard and notify the department or its agent.
ATCP 76.046(5)
(5) Replace existing facilities and equipment that no longer comply with the criteria set forth in this chapter.
ATCP 76.046(6)
(6) Comply with directives of the department or its agent, including deadlines for taking corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department or its agent for the license holder's pool or in response to community emergencies.
ATCP 76.046(7)
(7) Accept notices issued and served by the department or its agent according to law.
ATCP 76.046(8)
(8) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter, and any other directive of the department or its agent, including deadlines for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.
ATCP 76.046 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.05(1)(1)
License required. A license is required for a public pool if it serves or is installed for use by the state, a political subdivision of the state, a motel, a hotel, a resort, a camp, a campground, a club, an association, a housing development, an apartment complex with 3 or more dwelling units, a condominium complex, or a housing complex having a homeowners' association, a school, a religious, charitable or youth organization, or an educational or rehabilitative facility.
ATCP 76.05(1)(a)
(a)
Conditions requiring a license. No person may operate a pool without a license from the department or its agent, except as provided under par.
(c) 2. A separate license is required for each pool basin.
ATCP 76.05(1)(b)
(b)
Pool modification. A
pool
for
which
a
license
has
been
issued and
is
later
modified into a different pool
type shall require a new license and the operator shall pay all applicable fees.
ATCP 76.05(1)(c)1.1. If a license holder sells or otherwise transfers ownership or operation of a pool to another person, a new license is required pursuant to s.
97.67 (2) (a), Stats., and the pool may not be opened to the public until the department or its agent issues a new license.
ATCP 76.05(1)(c)2.
2. Pursuant to
s.
97.67 (2) (b) and
(c), Stats., an individual may transfer a license to an immediate family member if the individual is transferring operation of the pool. A sole proprietorship that reorganizes as a business entity, as defined in s.
180.1100 (1g), 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.
ATCP 76.05(1)(c)3.
3. Except as provided in this paragraph, no license issued under this chapter is transferable from one premise to another or from one person or entity to another.
ATCP 76.05(1)(c)4.
4. An operator who wishes to transfer a license under par.
(c) shall notify the department or its agent prior to the transfer of the operation of the pool.
ATCP 76.05 Note
Note: To notify the department of a transfer of ownership, call (608) 224-4923 or send an email to
datcpdfslicensing@wi.gov.
ATCP 76.05(1)(d)
(d)
Preinspection required. Before the department or its agent may issue a license to operate a pool under sub.
(1), the department or its agent shall conduct a preinspection. A preinspection is not required for a transfer of a license under par.
(c) 2. ATCP 76.05(2)(a)
(a)
Expiration. Each license issued under this
chapter
expires
on
June
30,
except
that
a
new pool license
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)
Annual renewal. Each
existing pool license
shall
be
renewed
annually
as
provided
in
sub.
(4).
ATCP 76.05(3)(a)(a)
Application. To apply for a new
pool license, the applicant
shall
apply on
an
application
form
provided by
the
department
or
its
agent. The completed application
shall
be
accompanied
by all of the following:
ATCP 76.05(3)(a)1.
1. The
applicable
fees
pursuant to
s.
ATCP 76.06 Table B or C,
and
any fees previously due to the department or its agent.
ATCP 76.05(3)(a)2.
2. Proof that the Wisconsin department of safety and professional services, pursuant to s.
SPS 390.04 (1), has approved plans and specifications for the pool, including
modifications.
ATCP 76.05(3)(a)3.
3. The completed final inspection report and approval from the Wisconsin department of safety and professional services authorized inspector.
ATCP 76.05(3)(a)4.
4. A
statement
from
a supervising construction contractor, architect, or
engineer
who
worked
on
the
pool
indicating that it was completed in accordance with the pool's construction plan pursuant to s.
SPS 390.05 (1) (c).
ATCP 76.05(3)(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 email to
datcpdfslicensing@wi.gov.
ATCP 76.05(3)(b)
(b)
Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection pursuant to
sub.
(1) (d), before operating a new pool open to the general public.
ATCP 76.05 Note
Note: To obtain a copy of the pool license application form, or to arrange for a preinspection, call (608) 224-4923 or send an email to
datcpdfslicensing@wi.gov.
ATCP 76.05(4)(a)(a)
Renewal fee. To renew an existing pool license, the operator shall pay the department or its agent the applicable license fee pursuant to
s.
ATCP 76.06 Table B or C, before the license expires. If payment to renew a license fee is not received by the department or its agent before the expiration date of the license, the late fee pursuant to
s.
ATCP 76.06 Table B or C, shall be paid in addition to the license fee. An application for a renewal license is not required.
ATCP 76.05 Note
Note: Pursuant to
s.
97.615 (2) (d), Stats., a local health department can establish and collect fees for a license. For a license issued by a local health department, contact the local health department for its license fee schedule.
ATCP 76.05(5)
(5)
Department or agent action on license application. ATCP 76.05(5)(a)(a)
Department decision on a license. The department or
its
agent
may not
issue
a new pool license or renew an existing pool license unless all of the following conditions are met:
ATCP 76.05(5)(a)1.
1. The operator has corrected a condition for which the department or its agent has issued a written health or safety related order.
ATCP 76.05(5)(a)2.
2. The operator, applicant, or license holder has provided the department or its agent with the information required under sub.
(3) (a) 2. to
5. ATCP 76.05(5)(a)3.
3. The department or its agent has determined that the operator, applicant, or license holder is not in violation of ch.
97, Stats., or has only a minor violation as defined in s.
227.04 (1) (a), Stats.
ATCP 76.05(5)(b)
(b)
License prohibited. The department or its agent shall refuse to issue a new pool license or renew an existing pool license under any of the following circumstances:
ATCP 76.05(5)(b)1.
1. A fully and accurately completed, signed, and dated application has not been received by the department or its agent.
ATCP 76.05(5)(b)5.
5. The operator has modified, repaired, or maintained the pool in a manner that is not in accordance with what the department or its agent recognizes as safe practice as outlined in this chapter.
ATCP 76.05(5)(c)
(c)
Conditional license. Except as provided in s.
93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned upon the requirement that the license holder correct a violation of this chapter, s.
97.67, Stats., or ordinances adopted pursuant to s.
97.615 (2) (g), Stats., within a specified period of time. If the condition is not satisfied within the specified time or after an extension of time approved by the department or its agent, the license is void. No person may operate a pool after a license has been voided. Any person who does so shall be subject to a penalty pursuant to s.
97.72, Stats., an injunction pursuant to s.
97.73, Stats., and fees pursuant to s.
ATCP 76.06 (3) (e). An operator whose license is voided under this paragraph may appeal the decision pursuant to s.
ATCP 76.09.
ATCP 76.05(5)(d)1.1. The department or its agent shall issue or deny a new pool license or shall renew an existing pool license within 30 days after the applicant meets all of the requirements pursuant to sub.
(3) or
(4), as applicable.
ATCP 76.05(5)(d)2.
2. 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 pursuant to
s.
ATCP 76.09.
ATCP 76.05(6)(a)
(a)
Payment time frame. If an applicant or operator fails to pay all applicable fees, late fees, and processing charges
pursuant to
s.
ATCP 76.06,
within
45 days after the expiration of the license, the license is void.
ATCP 76.05(6)(b)
(b)
Notice of insufficiency. If the department or its agent receives a notice of an insufficiency pursuant to s.
ATCP 76.06 (4), the applicant or operator shall have 15 days after receipt of notice from the department or its agent of the insufficiency to pay all applicable fees and processing charges or the license is void.
ATCP 76.05(6)(c)
(c)
Appeal rights. An operator whose license is voided under this subsection may appeal the decision as pursuant to
s.
ATCP 76.09. The burden is on the license applicant or operator to show that all 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 pursuant to s.
ATCP 76.06 (3) (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 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; correction in (1) (c) 2. made under s.
13.92 (4) (b) 7., Stats., and correction in (1) (a), (c) 4., (3) (b), (5) (b) 2. made under s.
35.17, Stats.,
Register June 2023 No. 810.
ATCP 76.06(1)(1)
Fee schedule. Pursuant to s.
97.67 (5), Stats., no license may be issued until all applicable fees have been paid. Fees specified under s.
ATCP 76.06 Table B or C, apply to pool licenses issued by the department or its agent under this chapter for each basin.
ATCP 76.06 Note
Note: Pursuant to
s.
97.615 (2) (d), Stats., a local health department can establish and collect fees for a license. For a license issued by a local health department, contact the local health department for its license fee schedule.
ATCP 76.06(2)(a)1.1. The department or its agent shall assign a pool basin to a license category by evaluating the complexity of the pool basin based on the criteria pursuant to
s.
ATCP 76.06 Table A, in this section.
ATCP 76.06(2)(a)2.
2. The department or its agent shall assign a pool basin with a point value that is 0 to 2, to the simple license category.
ATCP 76.06(2)(a)3.
3. The department or its agent shall assign a pool basin with a point value that is greater than 2, but not more than 3, to the moderate license category.
ATCP 76.06(2)(a)4.
4. The department or its agent shall assign a pool basin with a point value that is 3.5 or greater, to the complex license category.
ATCP 76.06(2)(a)5.
5. If the department or its agent orders a pool closed because of a confirmed waterborne illness outbreak or chemical release incident, associated with the operation of the pool, the department or its agent shall immediately assign the pool to the complex category for the current and following licensing year. If no further outbreaks or closures occur, the department or its agent may reduce the license to the appropriate license category assignment.
