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.
ATCP 76.09
ATCP 76.09
Appeals of actions by the department. If requested in writing within 10 days after date of the service of an order, a hearing shall be conducted pursuant to
ch.
ATCP 1. Enforcement of the order shall not be stayed pending action on the hearing. A request for hearing does not automatically stay or modify a summary special order.
ATCP 76.09 Note
Note: A
request
for
hearing shall
be
submitted
to
the
DATCP Secretary
via
email
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 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.10
ATCP 76.10
Appeals of actions by agent health departments. If
an
agent
issues
a
license
under
this
chapter,
the operator shall appeal enforcement action to the agent health department.
ATCP 76.10 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.105
ATCP 76.105 Qualifications of an authorized representative conducting inspections. An authorized representative of the department or its agent who inspects a pool or conducts a plan review for compliance pursuant to ch.
ATCP 76 shall meet the staffing qualification requirements pursuant to
s.
ATCP 74.08.
ATCP 76.105 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.106(1)(1)
Refused inspection; process. If a person denies access to the department or its agent to the licensed pool, the department or its agent shall inform the person of all the following:
ATCP 76.106(1)(a)
(a)
Department access. The license holder is required to allow access to the department or its agent pursuant to s.
97.65 (1), Stats.
ATCP 76.106(1)(c)
(c)
Denied access. If the pool license holder denies access to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access pursuant to
s.
66.0119, Stats.
ATCP 76.106(2)
(2)
Reporting of refused access. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub.
(1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.
ATCP 76.106(3)
(3)
Frequency of inspection. The department or its agent shall inspect a pool at least once during the licensing period or as approved by the department.
ATCP 76.106(4)
(4)
Inspection documentation. The department or its agent shall document all of the following on an inspection report form:
ATCP 76.106(4)(a)
(a)
Establishment information. Administrative information about the pool's legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the pool.
ATCP 76.106(4)(b)
(b)
Inspection findings. The conditions or other violations from this chapter that require corrective action by the license holder. An accompanying narrative shall contain all of the following:
ATCP 76.106(4)(b)1.
1. A factual description of the violation observed, including location of the observed violation.
ATCP 76.106(4)(b)2.
2. Citation and a brief description of the statute, administrative rule, or local ordinance for the observed violation.
ATCP 76.106(4)(b)3.
3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance.
ATCP 76.106(4)(b)4.
4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria:
ATCP 76.106(4)(b)4.a.
a. The nature of the potential hazard involved and the complexity of the corrective action needed. The department or its agent may agree to or specify additional time, not to exceed 72 hours after the inspection, for the license holder to correct violations of a priority item.
ATCP 76.106(4)(b)4.b.
b. The license holder has a maximum time of 10 calendar days after the inspection for the license holder to correct violations of a priority foundation item.
ATCP 76.106(4)(b)4.c.
c. The license holder shall correct core items by a deadline agreed to or specified by the department or its agent, but no later than 90 calendar days after the inspection. The department or its agent may approve a written compliance schedule that extends beyond 90 calendar days, if the license holder submits a written schedule of compliance and no health hazard exists, or will result, from allowing an extended schedule for compliance.
ATCP 76.106(5)
(5)
Issuing a report and obtaining acknowledgment of receipt. At the conclusion of the inspection, an authorized representative of the department or its agent shall sign the completed inspection report. The department or its agent shall then perform an exit interview and obtain a signature on the inspection report from the license holder's designated person in charge. A copy of the inspection report shall be left with the person in charge at the completion of the inspection, emailed, or otherwise presented within 2 business days after completion of the inspection.
ATCP 76.106(6)
(6)
Refusal to sign inspection report. If the license holder's designated person in charge refuses to sign the inspection report, the department or its agent shall do all of the following:
ATCP 76.106(6)(a)
(a)
Receipt of inspection report. Inform the person who declines to sign the inspection report that a written acknowledgment of receipt is not an agreement with findings.
ATCP 76.106(6)(b)
(b)
License holder's obligation. Inform the person that refusal to sign the inspection report will not affect the license holder's obligation to correct the violations noted in the inspection report by the deadlines specified.
ATCP 76.106(6)(c)
(c)
Refusal documentation. Document the refusal to sign in the inspection report.
ATCP 76.106(7)
(7)
Posting of inspection reports. The department or its agent shall make inspection reports available to the public on the internet.
ATCP 76.106 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
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, holding tanks, and filters. The system shall be operated continuously except for seasonal closing or during periods of necessary maintenance.
P
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. Skimmers and recirculation flow shall meet all of the following:
ATCP 76.11(2)(a)1.1. The flow through each skimmer shall be adjusted as often as necessary to maintain a vigorous skimming action at each skimmer.
Pf
ATCP 76.11(2)(a)2.
2. 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.
Pf
ATCP 76.11(2)(a)2.a.
a. For gutter pools, approximately 75 percent of the required recirculation flow shall be through the gutter and 25 percent through the main drain during normal operation.
Pf
ATCP 76.11(2)(a)2.b.
b. For pools with skimmers, approximately 80 percent of the recirculation flow shall be through skimmers and 20 percent through the main drain.
Pf
ATCP 76.11(2)(a)2.c.
c. For reverse flow pools,
100 percent
of
the
required
recirculation
shall
be
through
the gutter or
skimmer.
Pf
ATCP 76.11(2)(b)1.1. Skimmers, skimmer weirs, and overflow gutters and drains shall be
maintained
so
that
they
are
clean.
