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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.
ATCP 76.11(6)(c) (c) Diatomaceous earth filters.
ATCP 76.11(6)(c)1.1. Pressure–type diatomaceous earth filters shall be backwashed when the pressure differential is greater than 25 pounds per square inch or as recommended by the manufacturer, whichever is less.
ATCP 76.11(6)(c)2. 2. Vacuum–type diatomaceous earth filters shall be backwashed when the vacuum gauge reading increases to greater than 8 inches of mercury or as recommended by the manufacturer.
ATCP 76.11(6)(c)3. 3. Septum covers shall be removed, cleaned or replaced when they no longer provide effective filtration or create a friction loss preventing maintenance of the required recirculation rate.
ATCP 76.11(6)(c)4. 4. Diatomaceous earth wastewater separation tanks, where installed, shall be cleaned according to manufacturer instructions.
ATCP 76.11(6)(c)5. 5. Positive displacement feeder suction intake shall be suspended at least 6 inches above any sludge layer in the solution tank. Tanks for mixing and distribution of chemicals shall be appropriately labeled. A cover with a screened vent shall be provided on all mixing and distribution tanks. The installation shall be maintained to prevent backflow of water into the tanks and to prevent the chemicals from being siphoned out of the tanks into the pool recirculation system.
ATCP 76.11(6)(c)6. 6. Diatomaceous earth slurry feeders. The lowest effective concentration of solution shall be used in a diatomaceous earth slurry feeder. The concentration of solution may not exceed 5% by weight. The diatomite slurry feeder head and lines shall be flushed once every 15 minutes for at least one minute to assure proper and continuous operation. Water from the discharge side of the recirculation pump may be used. If connection is to a potable water supply line, the supply line shall be equipped with an approved backflow or backsiphonage prevention device. Diatomite slurry tank agitators shall run continuously.
ATCP 76.11(6)(d) (d) Cartridge filters.
ATCP 76.11(6)(d)1.1. Cartridge–type filters shall be removed and cleaned when the pressure differential is greater than 11 pounds per square inch or as recommended by the manufacturer.
ATCP 76.11(6)(d)2. 2. Cartridges shall be replaced when plugged or damaged. A duplicate set of replacement cartridges shall be available on-site and used when removing a dirty cartridge from the filter for cleaning.
ATCP 76.11 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. (1), r. and recr. Table B Register May 2010 No. 653, eff. 6-1-10; renum. from DHS 172.11 Register June 2016 No. 726; correction in (4) (b), (e), Table A, B made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 76.12 ATCP 76.12Labeling, storing, mixing, and handling chemicals.
ATCP 76.12(1)(1)Labeling. Except for erosion feeders, which require only the name of the chemical, all chemicals used in the operation and maintenance of pools, and bulk storage tanks containing the chemicals, shall be conspicuously labeled with the following information:
ATCP 76.12(1)(a) (a) Name of the product.
ATCP 76.12(1)(b) (b) The manufacturer's name and address.
ATCP 76.12(1)(c) (c) Active ingredients.
ATCP 76.12(1)(d) (d) Directions for use.
ATCP 76.12(1)(e) (e) Hazardous ingredient warning.
ATCP 76.12(1)(f) (f) The U.S. environmental protection agency registration number.
ATCP 76.12(2) (2)Storage. Chemicals shall be stored in the original or a properly-labeled container, which shall be covered and kept in a clean, dry, well ventilated and locked area away from flammables, incompatible chemicals, and heat sources. Only authorized personnel shall have access to the storage area. Chemicals may not be stored in chlorine gas storage areas. Food may not be stored in the chemical storage area. Smoking is prohibited in the chemicals storage area.
ATCP 76.12(3) (3)Mixing. A chemical solution shall be added to water, not by adding water to the chemical. Each chemical or chemical solution shall be separately added to the water.
ATCP 76.12(4) (4)Handling.
ATCP 76.12(4)(a) (a) Smoking. Smoking by anyone handling chemicals or by anyone within the immediate vicinity of chemicals being mixed is prohibited.
ATCP 76.12(4)(b) (b) Material safety data sheet. Material safety data sheets shall be readily available at the pool attraction area for every chemical used.
ATCP 76.12 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.12 Register June 2016 No. 726.
ATCP 76.13 ATCP 76.13Disinfectant feeders and filter aid equipment.
ATCP 76.13(1)(1)General. All disinfectant feeders shall be installed according to the manufacturer's directions and used only with the disinfectant recommended by the manufacturer and meet all of the following requirements:
ATCP 76.13(1)(a) (a) Feeders shall be automatic, easily adjustable, capable of providing the required chemical residuals, equipped with flow control valves upstream and downstream from the feeder, easily disassembled for cleaning and maintenance, durable, and capable of accurate feeding.
ATCP 76.13(1)(b) (b) Feeders shall be properly vented and incorporate antisiphon safeguards to prevent disinfectant feeding in the event of the failure of recirculation equipment.
ATCP 76.13(1)(c) (c) Feeder pumps shall be electrically connected to the recirculation pump control circuit and have a separate disconnect switch.
ATCP 76.13(2) (2)Equipment maintenance. All maintenance that presents a danger to the patrons, including changing the gas tanks, shall be performed when the pool is not in use or is closed to public use.
ATCP 76.13(3) (3)Repairs. Only personnel trained and licensed in handling gas chlorine by a certifying agency such as the Federal occupational health and safety administration may repair gas chlorinators.
ATCP 76.13 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. (1) (intro.) and (a) Register May 2010 No. 653, eff. 6-1-10; renum. from DHS 172.13 Register June 2016 No. 726.
ATCP 76.14 ATCP 76.14Disinfectant feeding and residuals.
ATCP 76.14(1)(1)General. Each pool in use shall be automatically and continuously disinfected by means of disinfectant and feeding equipment that is in compliance with this section and s. ATCP 76.13.
ATCP 76.14(2) (2)Chemical use requirements.
ATCP 76.14(2)(a) (a) Disinfectant-producing chlorine and bromine and other chemicals. Disinfectant-producing chlorine or bromine and any supplemental chemical used shall meet all of the following requirements:
ATCP 76.14(2)(a)1. 1. The disinfectant or supplemental chemical is registered with the U.S. environmental protection agency as a disinfectant, and the product label is registered with the Wisconsin department of agriculture, trade and consumer protection.
ATCP 76.14(2)(a)2. 2. The disinfectant has an effective residual that can be measured easily and accurately by an approved field test procedure.
ATCP 76.14(2)(a)3. 3. The disinfectant is compatible for use with other chemicals normally used in the water treatment or is clearly identified as having a use limitation.
ATCP 76.14(2)(a)4. 4. The disinfectant does not impart toxic properties to the water when used according to the manufacturer's directions.
ATCP 76.14(2)(a)5. 5. The disinfectant does not create an undue safety hazard when handled, stored, or used according to the manufacturer's directions.
ATCP 76.14(2)(b) (b) Bromine. Bromine may not be used in a waterslide, pool slide, plunge pool or wave pool without the department's approval.
ATCP 76.14(2)(c) (c) Gas chlorination.
ATCP 76.14(2)(c)1.1. Where chlorine gas is used, all staff who operate equipment shall be trained in the handling and use of chlorine gas, including the use of the self–contained breathing apparatus.
ATCP 76.14(2)(c)2. 2. A plastic bottle of ammonium hydroxide or another leak detection method approved by the department shall be available at the chlorine gas storage area. If an electronic leak detection system is installed, it shall be located in gas storage rooms and shall be maintained and tested annually. The results of the testing shall be maintained on the site.
ATCP 76.14(2)(c)3. 3. A list of telephone numbers to contact appropriate emergency personnel in the event of an emergency related to chlorine use shall be conspicuously posted at a continuously accessible telephone located reasonably close to the chlorine gas storage room. A durable placard clearly stating the location of the nearest accessible phone shall be posted on the outside of the chlorine gas storage room door.
ATCP 76.14(2)(c)4. 4. A self–contained breathing apparatus designed for use in a chlorine gas atmosphere shall be stored where it is immediately accessible to personnel who enter the chlorine gas storage room. The apparatus shall be continuously usable and readily accessible, and replacement parts shall be readily accessible. The pool shall implement a written respiratory protection plan in compliance with 29 CFR 1910.134, that includes procedures for the selection and use of respirators and training users.
ATCP 76.14 Note Note: Section 29 CFR 1910.134 may be reviewed at https://www.osha.gov/dte/library/respirators/major_requirements.pdf, in the offices of the department's division of food and recreational safety, the legislative reference bureau, or as part of the U.S. Code of Federal Regulations at any public library, university or college library.
ATCP 76.14(2)(c)5. 5. A written plan of action for responding to a chlorine gas emergency shall be posted and practiced by maintenance staff.
ATCP 76.14(2)(c)6. 6. The doors to all rooms in which a chlorine gas feeder is located or a cylinder of compressed chlorine gas is located or stored shall be labeled “DANGER–CHLORINE GAS" in clearly readable letters.
ATCP 76.14(2)(c)7. 7. Light switches and exhaust switches shall be located outside of the chlorine gas storage room.
ATCP 76.14(2)(c)8. 8. Chlorine cylinders shall be stored indoors in an area having approximately the same air temperature as the room housing the chlorinator and shall be sheltered from a direct source of heat or sunlight. Cylinders shall be in an upright position and shall be chained or strapped to a rigid support. Cylinders may not be moved unless the protection cap is secured over the valve. Empty cylinders shall be tagged to indicate they are empty. Cylinder valves shall be closed.
ATCP 76.14(3) (3)Feeding. Disinfectant and filter aid feeding shall be conducted as follows, as applicable respectively:
ATCP 76.14(3)(a) (a) Positive displacement disinfectant feeding. Liquid chemicals shall be fed into water circulation piping or a surge tank or vacuum filter by means of a positive displacement feeder either at full strength or diluted. If calcium hypochlorite or another chemical that forms a residue is used, a 2– tank system shall be used. One tank shall be used for mixing the solution and settling the precipitate. The clear liquid shall be decanted or siphoned into the second tank for distribution.
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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.