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.
ATCP 76.06 Table B Fee Schedule — SFY 2023
ATCP 76.06 Table C Fee Schedule — SFY 2025
For licenses issued on or after April 1, 2025
- See PDF for table 
ATCP 76.06(3)(a)(a)
Preinspection fee. The operator shall pay the applicable preinspection fee pursuant to
s.
ATCP 76.06 Table B or C, to the department or its agent before a new license is issued pursuant to s.
ATCP 76.05 (3).
ATCP 76.06(3)(b)
(b)
License fee. The operator shall pay the applicable license fee
pursuant to
s. ATCP 76.06 Table B or C, to
the
department
or its agent for
each pool for which the operator applies for a new or renewal license.
ATCP 76.06(3)(c)
(c)
Late fee. If the license fee for a license renewal is not paid before
the
expiration
date
of
the
license,
the
operator
of
the
pool shall pay to the department or its agent the late fee pursuant to
s.
ATCP 76.06 Table B or C, and pursuant to
s.
93.21 (5) (b), Stats., in addition to the renewal license
fee.
ATCP 76.06(3)(d)
(d)
Reinspection or administrative follow-up fee. If the department or its agent conducts a
reinspection or administrative follow-up of a
pool
pursuant to
s.
ATCP 76.07
(1)
(b)
1.
or 4.,
the
operator
shall
pay to the department or its agent the applicable reinspection or administrative follow-up fee pursuant to
s.
ATCP 76.06 Table B or C. The department or its agent shall assess an additional fee pursuant to
s.
ATCP 76.06 Table B or C, for any second or subsequent reinspection or administrative follow-up conducted pursuant to s.
ATCP 76.07 (1) (b) 4. ATCP 76.06(3)(e)
(e)
Fees for operating without a license. If a pool is found to be operating
without
a
license, the operator
shall
pay
to
the
department or its agent
a fee of $749.00, in addition to all applicable fees and any processing charges under sub.
(4).
ATCP 76.06 Note
Note: Anyone operating a pool without a license is also subject to a penalty pursuant to s.
97.72, Stats., and an injunction pursuant to s.
97.73, Stats.
ATCP 76.06(3)(f)
(f)
Duplicate license. The department or its agent may charge the operator of a pool $15.00 for the request of a duplicate license.
ATCP 76.06(3)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department or its agent responsibilities for issuing licenses, the department or its agent shall charge the operator or the entity requesting the inspection or consultation $175.00.
ATCP 76.06 Note
Note: Pursuant to
s.
97.615 (2) (d), Stats., a local health department can establish and collect fees. For a fee issued by a local health department, contact the local health department for its fee schedule.
ATCP 76.06(4)
(4)
Penalties for insufficiency of payment. If the payment for a new or renewal license
is
by
check
or
other
draft
drawn
upon
an
account containing insufficient
funds,
the
applicant
or
operator
shall,
within 15
days
after
receipt
of
notice
from
the
department or its agent
of
the
insufficiency, pay all applicable fees under sub.
(1), and the financial institution's
processing
charges
by
cashier's
check, other
certified draft, or money order.
ATCP 76.06 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.07(1)(a)
(a)
Inspections. Pursuant to ss.
97.615 (2) and
97.65 (1), Stats., an authorized employee of the department or its agent, upon presenting proper identification, may enter any pool or equipment area, and any other associated area at any
reasonable time, for any of the following purposes:
ATCP 76.07(1)(a)5.
5. To examine and copy relevant documents and records 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)1.
1. The department or its agent may perform a reinspection or administrative follow-up of 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 or administrative follow-up shall be scheduled to allow the operator a reasonably sufficient amount of time to correct the
deficiencies.
ATCP 76.07(1)(b)3.
3. The department or its agent shall assess a reinspection or administrative follow-up fee for the reinspection or administrative follow-up pursuant to
s.
ATCP 76.06 Table B or C.
ATCP 76.07(1)(b)4.
4. If an additional reinspection or administrative follow-up is required because a violation has not been corrected in the scheduled period of time, the department or its agent shall assess a second or subsequent reinspection or administrative follow-up fee pursuant to s.
ATCP 76.06 Table B or C, as
authorized pursuant to s.
ATCP 76.06 (3) (d), and the department or its agent may order the operator to
show
just
cause
why
the
license
should
not
be
suspended or revoked pursuant to s.
ATCP 76.08.
ATCP 76.07(2)(a)
(a)
Written orders. If upon inspection
of
a
pool,
the
department
or
its agent
finds
that
the
pool
is not designed, constructed, equipped, or operated pursuant to
ch.
SPS 390 and
this
chapter,
the
department
or
its 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 shall be made. The time period specified in the order may be extended at the discretion of the department or
its agent as specified in par.
(c).
ATCP 76.07(2)(b)1.1. If a violation is not corrected by the expiration of the time period stated in the order given under par.
(a), or any extension of time granted under par.
(c), the department or its agent may issue an order
pursuant to
s.
ATCP 76.08, to
suspend
or
revoke
the
license
to operate the
pool. An order for suspension or revocation shall take effect pursuant to
s.
ATCP 76.08.
ATCP 76.07(2)(b)2.
2. Pursuant to s.
97.12 (5), Stats., any
person
who
fails
to
comply
with
an
order
of
the
department or its agent shall forfeit $50 for each day of noncompliance after the order is served upon or directed to that person. A person may appeal a forfeiture pursuant to s.
ATCP 76.09.
ATCP 76.07(2)(c)1.
1. The department or its agent may extend the time period to correct a violation based on a determination of the seriousness of the violation, the operator's progress towards correcting the violation, and the operator's previous history of compliance.
ATCP 76.07(2)(c)2.
2. To request an extension to correct a violation, the operator shall submit a written request to the department or its agent before the date specified in the written order to correct the violation. The operator shall provide information that demonstrates to the department or its agent that corrective action has been initiated, but additional time is needed to fully correct the violation.
ATCP 76.07(3)(a)(a)
Conditions for a temporary order. Pursuant to
s.
97.65 (2) (a), Stats., whenever, as a result of an inspection under sub.
(1), the
department
or
its agent
has
reasonable
cause
to
believe that
an immediate
danger
to
health or safety
exists,
the department
or
its 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 or affected areas within the premises to cease operations and close until remedies are applied that eliminate the immediate danger to health or safety.
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 its delivery, but a temporary order may be reissued 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
its agent
until
the
order
has
terminated
or
the
time
period
specified in subd.
1., has expired, whichever occurs first, unless as provided under par.
(c), the department or its agent provides a notice that an immediate danger to health or safety is present. If, upon completed
analysis
or
examination,
the
department
or
its agent
determines
that
construction,
sanitary
condition,
operation,
or
method of operation of the premises or equipment does not constitute an immediate danger
to
health or safety,
the
department
or
its 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)
Notice of findings upon analysis or examination. If
the
analysis
or
examination under sub.
(1) shows
that
the
construction, sanitary
condition,
operation,
or
method
of
operation
of
the
premises or equipment constitutes an immediate danger to health or safety, the department or
its 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 pursuant to s.
ATCP 76.09. The notice shall include a statement that the facility has a right to request a hearing pursuant to s.
ATCP 76.09, within 15 days after issuance of the notice.
ATCP 76.07(3)(d)
(d)
Failure to comply with a temporary order. Any person who fails to comply with a temporary order issued by
the
department or its agent
shall
forfeit
$50
for
each
day
of
noncompliance after
the
order
is
served
upon
or
directed
to
them pursuant to s.
97.12 (5);
and, pursuant to
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 or penalty pursuant to s.
ATCP 76.09.
ATCP 76.07(4)(a)(a) When required by the department or its agent, the operator shall develop, on a form provided by the department or its agent, an action plan for compliance. The action plan shall include all of the following:
ATCP 76.07(4)(c)
(c) The department or its agent shall void the pool license pursuant to s.
ATCP 76.05 (5) (c), if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.
ATCP 76.07 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; correction in (3) (c) made under s.
35.17, Stats.,
Register June 2023 No. 810.
ATCP 76.08
ATCP 76.08
Suspension or revocation of license. The department or its agent may, by summary order and without prior notice or hearing, suspend a license issued under this chapter if the department or its agent finds that there has been a substantial failure to comply with the applicable requirements of this chapter and that the continuation of the violations constitutes a serious danger to public health. The order shall be in writing, have the force and effect of an order issued pursuant to s.
93.18, Stats., and is subject to right of hearing before the department or its agent, if requested within 10 days after date of service.
ATCP 76.08 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; correction made under. s.
35.17, Stats.,
Register June 2023 No. 810.
