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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.
ATCP 76.07(1)(a)6. 6. To obtain photographic or other evidence needed to enforce this chapter.
ATCP 76.07(1)(b) (b) Reinspections.
ATCP 76.07(1)(b)1.1. The department or its agent may re-inspect a pool whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the pool.
ATCP 76.07(1)(b)2. 2. A reinspection shall be scheduled to allow the owner a reasonably sufficient time to correct the deficiencies.
ATCP 76.07(1)(b)3. 3. A reinspection fee shall be charged for the reinspection according to Table ATCP 76.06, or applicable charges as determined by an agent of the department.
ATCP 76.07(1)(b)4. 4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the owner an additional $50 reinspection fee as authorized under s. ATCP 76.06 (1) (d), and the department may order the owner to show just cause why the license should not be suspended or revoked under s. ATCP 76.08.
ATCP 76.07(2) (2)General orders to correct violations.
ATCP 76.07(2)(a)(a) If upon inspection of a pool, the department or agent finds that the pool is not designed, constructed, equipped, or operated as required under ch. SPS 390 and this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.
ATCP 76.07(2)(b) (b) If the order to correct violations is not carried out by the expiration of the time period stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under s. ATCP 76.08 to suspend or revoke the license to operate the pool.
ATCP 76.07(2)(c) (c) Any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under s. ATCP 76.09.
ATCP 76.07(3) (3)Temporary orders.
ATCP 76.07(3)(a) (a) As provided in s. 97.65, Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health exists as a result of an inspection under sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
ATCP 76.07(3)(a)1. 1. Prohibit the continued operation or method of operation of specific equipment.
ATCP 76.07(3)(a)2. 2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health.
ATCP 76.07(3)(b)1.1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
ATCP 76.07(3)(b)2. 2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation, or method of operation of the premises or equipment does not constitute an immediate danger to health, the department or agent shall immediately notify the owner, operator, or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
ATCP 76.07(3)(c) (c) If the analysis or examination shows that the construction, sanitary condition, operation, or method of operation of the premises or equipment constitutes an immediate danger to health, the department or agent, within the effective period of the temporary order specified in par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s. ATCP 76.09 (2). The notice shall include a statement that the facility has a right to request a hearing under s. ATCP 76.09 within 15 days after issuance of the notice.
ATCP 76.07(3)(d) (d) Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, under s. 97.65 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture under s. ATCP 76.09.
ATCP 76.07 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; correction in (2) (a) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 172.07 Register June 2016 No. 726; correction in (1) (a) (intro.), 2., (b) 3., 4., (2) (b), (c), (3) (a) (intro.), (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (1) (b) 1. to 3. made under s. 35.17, Stats., Register June 2016 No. 726; CR 18-019: am. (1) (b) 4., (2) (b) Register January 2020 No. 769, eff. 2-1-20.
ATCP 76.08 ATCP 76.08Suspension or revocation of license. The department may, after a hearing under s. ATCP 76.09, suspend or revoke a license for violation of s. 97.67, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under s. ATCP 76.09 (1).
ATCP 76.08 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.08 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. Register January 2020 No. 769, eff. 2-1-20.
ATCP 76.09 ATCP 76.09Appeals of actions by the department.
ATCP 76.09(1)(a) (a) Except as provided in sub. (2) or (3), a request for a hearing for denial of a license, a voided license, suspension, revocation, forfeiture, or an order given under s. ATCP 76.07 (1) (b) 4. or s. ATCP 76.07 (2) shall be submitted in writing to the department of administration's division of hearings and appeals within 15 days after receipt of the notice of the department's action.
ATCP 76.09(1)(b) (b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
ATCP 76.09(1)(c) (c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
ATCP 76.09(1)(d) (d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
ATCP 76.09 Note Note: Effective 7-1-16, pursuant to 2015 Wis. Act 55 and s. 227.43(1m), Stats., a request for hearing shall be submitted to the DATCP Secretary via e-mail at datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718.
ATCP 76.09(1)(e) (e) As a condition for requesting a hearing under this subsection to appeal the voiding of a license, an applicant or owner shall comply with sub. (3). In an appeal concerning voiding a license, the burden is on the applicant or owner to show that the entire applicable fees, late fees and processing charges have been paid.
ATCP 76.09(2) (2)A request for hearing on a temporary order given by the department under s. ATCP 76.07 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the owner agree to a later date, the immediate danger to health is removed, the order is not contested or the owner and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s. 227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
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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.