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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:
ATCP 76.09(2)(a) (a) Changes to or replacement of equipment or construction.
ATCP 76.09(2)(b) (b) Changes in or cessations of any operation or method of operation of the equipment or premises.
ATCP 76.09 Note Note: A request for hearing, under sub. (2), 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. The hearing may be conducted by the department secretary or designee.
ATCP 76.09(3) (3)If the department voids a license under s. ATCP 76.05 (6), the owner shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
ATCP 76.09 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.09 Register June 2016 No. 726; correction in (1) (a), (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1) (a), (e), (3) Register January 2020 No. 769, eff. 2-1-20.
ATCP 76.10 ATCP 76.10Appeals of actions by agent health departments. If an agent issues a license under this chapter, the agent shall create enforcement and appeal procedures under ss. 66.0417 and 97.615 (2) (g), Stats.
ATCP 76.10 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.10 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.
subch. II of ch. ATCP 76 Subchapter II — Water Treatment Systems and Water Quality
ATCP 76.11 ATCP 76.11Recirculation system.
ATCP 76.11(1)(1)General. Each pool shall have a water recirculation system with disinfection treatment and filtration equipment consisting of overflow gutters or skimmers, main drains, inlets, pumps, piping, and filters. The system shall be operated continuously except for seasonal closing or during periods of necessary maintenance.
ATCP 76.11 Note Note: See s. SPS 390.14 for design requirements for the recirculation system.
ATCP 76.11(2) (2)Skimmers and recirculation flow.
ATCP 76.11(2)(a)(a) The flow through each skimmer shall be adjusted as often as necessary to maintain a vigorous skimming action at each skimmer. The pool water level shall be maintained at an elevation so that continuous effective surface skimming is accomplished through skimmers or over the gutter lip. For gutter pools, approximately 75% of the required recirculation flow shall be through the gutter and 25% through the main drain during normal operation. For pools with skimmers, approximately 80% of the recirculation flow shall be through skimmers and 20% through the main drain. For reverse flow pools, 100% of the required circulation shall be through the gutter or skimmer.
ATCP 76.11(2)(b) (b) Skimmers, skimmer weirs, and overflow gutters and drains shall be maintained so that they are clean and shall be repaired or replaced as needed. Skimmer covers shall be securely seated on deck.
ATCP 76.11(2)(c) (c) Inlets shall be checked and adjusted to ensure that the rate of flow through each inlet is such that a uniform distribution pattern is established. Inlets in pools with surface skimmers shall be directed as necessary to ensure that there is effective skimming in all areas.
ATCP 76.11(2)(d) (d) Strainer baskets or screens shall be continuously in use and maintained. Clean spare strainer baskets or screens shall be available. Strainer baskets for skimmers and pump strainers shall be cleaned at least daily.
ATCP 76.11(3) (3)Surge tanks. Surge tanks shall be operated within designed water levels.
ATCP 76.11(4) (4)Pumps. The pump manufacturer's maintenance and operating instructions shall be followed. Recirculation pumps shall continuously achieve the designed pool water recirculation rate except during maintenance operations. The turnover time for pools shall be as follows:
ATCP 76.11(4)(a) (a) Swimming or combination pools. The maximum turnover time for a pool used for swimming or for a combination pool shall be 6 hours.
ATCP 76.11(4)(b) (b) Water attractions. The maximum turnover times for a water attraction constructed after the effective date of this rule shall be as listed in Table ATCP 76.11 A. - See PDF for table PDF
ATCP 76.11(4)(c) (c) Wading pools. The maximum turnover time for a wading pool shall be 2 hours.
ATCP 76.11(4)(d) (d) Whirlpools. The maximum turnover time for a whirlpool shall be 30 minutes.
ATCP 76.11(4)(e) (e) Therapy and exercise pools. The turnover times for exercise and therapy pools constructed after the effective date of this rule shall be as provided in Table ATCP 76.11 B. - See PDF for table PDF
ATCP 76.11(5) (5)Flowmeters, valves, and gauges. Flowmeters, valves and gauges shall be maintained in operating condition.
ATCP 76.11(5m) (5m)Piping. Water treatment system piping shall have permanent labels, numbered tags or a color coding system that identifies valves, piping, and the direction of water flow. Labels, tags, or color coding shall correspond to a conspicuously posted, easily-read chart that explains the system.
ATCP 76.11(6) (6)Filters.
ATCP 76.11(6)(a) (a) General. The manufacturer's data plate shall be visible on all filters. Filter shells and appurtenances shall be maintained in operating condition.
ATCP 76.11(6)(b) (b) Sand filters.
ATCP 76.11(6)(b)1.1. Rapid–rate sand filters shall be backwashed when the pressure differential is greater than 7 pounds per square inch or as recommended by the manufacturer, whichever is less.
ATCP 76.11(6)(b)2. 2. High–rate sand filters shall be backwashed when the pressure differential is greater than 11 pounds per square inch or as recommended by the manufacturer, whichever is less.
ATCP 76.11(6)(b)3. 3. Vacuum sand filters shall be backwashed when the vacuum increases 8 inches of mercury above the initial reading or as recommended by the manufacturer. The backwash procedure shall follow the filter manufacturer's written directions which shall be conspicuously posted in the filter area on an easily read chart.
ATCP 76.11(6)(b)4. 4. Filter media shall be inspected annually and cleaned or replaced when necessary.
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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.