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ATCP 76.22(1)(a)3. 3. The hours of operation.
ATCP 76.22(1)(a)4. 4. The location of each lifeguard station and each first aid station.
ATCP 76.22(1)(a)5. 5. The number of lifeguards or attendants on duty pursuant to s. ATCP 76.23.
ATCP 76.22(1)(a)6. 6. A diagram of the facility that indicates the placement of attendants, lifeguards, chairs, and stations for both average and maximum patron capacity. The diagram shall include each obstruction.
ATCP 76.22(1)(a)7. 7. A method of communication when 2 or more attendants or lifeguards are required for a water attraction.
ATCP 76.22(1)(c) (c) A pool that is not required under s. ATCP 76.23 to have a lifeguard shall post a sign that states, in letters that are a minimum of 4 inches high, “No Lifeguard on Duty".
ATCP 76.22(1)(d) (d) A plan required under par. (a) for a whirlpool that is located in a water attraction complex shall specify that at least one attendant shall provide periodic supervision. If a whirlpool is not supervised by an attendant at all times, a sign shall be posted that states in letters at least 4 inches high: “Non-guarded area."
ATCP 76.22 Note Note: To submit a lifeguard and attendant staffing plan to the Division, or to determine which agent to submit the plan, contact the Bureau of Food and Recreational Businesses at (608) 224-4682 or PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 76.22(2) (2)Qualifications.
ATCP 76.22(2)(a) (a) A copy of each lifeguarding certification, first aid certification, and CPR certification held by lifeguard staff shall be maintained at the pool and shall be made available for inspection by the department.
ATCP 76.22(2)(b) (b) At least one of the lifeguards required under s. ATCP 76.23 (1) to supervise a water attraction that has a surface area of 2,000 square feet or more and a water depth greater than 4 feet shall have one or more of the following additional certifications:
ATCP 76.22(2)(b)1. 1. American Red Cross Park Lifeguard Training certificate.
ATCP 76.22(2)(b)2. 2. National Aquatic Safety Company Lifeguard Training certificate.
ATCP 76.22(2)(b)3. 3. National Pool and Water park International Lifeguard Training Program certificate.
ATCP 76.22(2)(b)4. 4. Other water park certification approved by the department.
ATCP 76.22(2)(c) (c) Attendants may staff water attractions, waterslides, or pool slides to assist patrons. Attendants may not be used in place of lifeguards.
ATCP 76.22(3) (3)Lifeguard identification and assignment.
ATCP 76.22(3)(a)(a) At all times when on duty a lifeguard shall wear clothing that is conspicuously marked “Lifeguard" or “Guard", a rescue tube with a harness as instructed in national certification courses, and a whistle.
ATCP 76.22(3)(b) (b) A lifeguard who is assigned to supervise a pool or water attraction may not be assigned duties that may distract the lifeguard's attention from observing a patron in the pool or water attraction area or that may hinder the lifeguard's ability to provide immediate assistance to a patron.
ATCP 76.22 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. (2) (b) 1. and 3. Register May 2010 No. 653, eff. 6-1-10; renum. from DHS 172.22 Register June 2016 No. 726; correction in (1) (a) 5., (c), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 76.23 ATCP 76.23Lifeguard and attendant placement and staffing requirements.
ATCP 76.23(1)(1)General.
ATCP 76.23(1)(a)1.1. Each pool having a surface area of 2,000 square feet or more shall be staffed pursuant to Table ATCP 76.23 A and Table ATCP 76.23 B when the pool is in use or is open to the public. If the requirements in Table ATCP 76.23 A and Table ATCP 76.23 B conflict, the pool shall comply with the strictest requirements of Table ATCP 76.23 A or Table ATCP 76.23 B.
ATCP 76.23(1)(a)2. 2. An operator may close a portion of a pool to patrons in order to meet the square footage limits in Table ATCP 76.23 A for lifeguard staffing, except that lifeguard staffing requirements for a pool of 2,000 to 4,999 square feet shall be maintained.
ATCP 76.23(1)(a)3. 3. When the patron load of a pool exceeds 336 patrons, one lifeguard shall be provided for each additional 100 patrons or fraction thereof.
ATCP 76.23(1)(b) (b) A pool type that is not addressed in Table ATCP 76.23 A or ATCP 76.23 B shall request evaluation by the department and follow the requirements specified by the department following the evaluation.
ATCP 76.23(1)(c) (c) An additional lifeguard shall be provided for every 2 slide flumes installed at a pool other than a separate waterslide plunge pool.
ATCP 76.23(1)(d) (d) An attendant responsible for enforcing waterslide usage rules shall be stationed at the entrance to the waterslide flume.
ATCP 76.23(2) (2)Each pool that is not required to have a lifeguard shall post a sign with letters at least 4 inches high stating: “Warning: No Lifeguard on Duty." - See PDF for table PDF - See PDF for table PDF
ATCP 76.23 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. Table B Register May 2010 No. 653, eff. 6-1-10; correction in Table B made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 172.23 Register June 2016 No. 726; correction in (1) (a) 1., 2., (b), Table A, B made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in Table B made under s. 35.17, Stats., Register June 2016 No. 726.
ATCP 76.24 ATCP 76.24Instructional programs. A pool that is used for instructional purposes shall be staffed by a lifeguard when the instructional program is in session. If the coach or instructor that provides instruction during the program is a lifeguard, the requirement of this subsection is met provided the coach or instructor can supervise the entire group. A pool that normally requires a lifeguard and that is open to the public during an instructional program session shall be supervised by an additional lifeguard or attendant pursuant to s. ATCP 76.23.
ATCP 76.24 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.24 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
subch. IV of ch. ATCP 76 Subchapter IV — Operation and Management
ATCP 76.25 ATCP 76.25Permissible patron load.
ATCP 76.25(1)(1)Water attractions. The maximum number of patrons permitted to be in an individual water attraction at any one time shall be calculated on the basis of allowing one patron for every 15 square feet of water surface area. The splash zone of any water attraction shall be included in the calculation of the water surface.
ATCP 76.25(2) (2)Pools.
ATCP 76.25(2)(a) (a) Pools used for swimming and combination pools. The maximum number of patrons permitted to be in the water of a pool used for swimming or a combination pool at any one time shall be computed on the basis of allowing one patron for every 15 square feet of the shallow portion of the pool and one patron for every 25 square feet of the deep portion of the pool. Three hundred square feet of pool water surface around each diving board and platform may be excluded in computing the permissible patron load. An additional 10 patrons for each diving board shall be included in the computation.
ATCP 76.25(2)(b) (b) Whirlpools. The maximum number of patrons permitted to be in the water of a whirlpool at any one time shall be computed on the basis of allowing one patron for every 10 square feet of whirlpool surface area.
ATCP 76.25(2)(c) (c) Wading pools. The maximum number of patrons permitted to be in the water of a wading pool at any one time shall be computed on the basis of allowing one patron for every 15 square feet of wading pool surface area.
ATCP 76.25(2)(d) (d) Therapy and exercise pools. The maximum number of patrons permitted to be in the water of a therapy or exercise pool at any one time shall be computed on the basis of allowing one patron every 15 square feet of the shallow portion of the pool and one patron for every 25 square feet of the deep portion of the pool.
ATCP 76.25 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.25 Register June 2016 No. 726.
ATCP 76.26 ATCP 76.26Rescue equipment.
ATCP 76.26(1)(1)Required equipment.
ATCP 76.26(1)(a)(a) All rescue equipment shall be maintained in good repair. Rescue equipment shall be mounted in a conspicuous place and shall be readily accessible.
ATCP 76.26(1)(b) (b) For each basin of water over 4 feet in length and over 2 feet deep, a shepherd's crook-type pole shall be provided. In addition, for each lifeguard chair, or for a pool 30 feet or more in width that does not have lifeguard chairs, at least one of the following shall be provided:
ATCP 76.26(1)(b)1. 1. A ring buoy having a minimum outside diameter of 20 inches. Each ring buoy shall be attached to a 1/4 inch rope having a length not less than 11/2 times the maximum width of the pool or 50 feet, whichever is less.
ATCP 76.26(1)(b)2. 2. A rescue tube.
ATCP 76.26(1)(c) (c) The safety rope required in s. SPS 390.18 (1) shall remain in place except during a lifeguarded activity or adult only lap swim. The responsible supervisor shall ensure the rope is in place during required times.
ATCP 76.26(1)(d) (d) A spine board with straps and head immobilizer in good condition shall be available at a pool where a lifeguard is required.
ATCP 76.26(2) (2)Telephone. For outdoor pools, a working telephone shall be available in the pool area. For indoor pools, a working telephone shall be available within the enclosed area around a pool. A current list of emergency numbers and the facility's location shall be attached to or posted near the telephone. Cellular or cordless phones may not be used to comply with this subsection.
ATCP 76.26 Note Note: A request for an alternative location for a telephone or another system of communication that provides access to emergency service during hours of pool operation may be made under s. ATCP 76.03.
ATCP 76.26 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. (1) (b) and (c) Register May 2010 No. 653, eff. 6-1-10; correction in (1) (c) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 172.26 Register June 2016 No. 726.
ATCP 76.27 ATCP 76.27First aid supplies.
ATCP 76.27(1)(1)A first aid kit of a sort approved by the department and 2 durable blankets in good condition shall be available at each pool area. The first aid kit shall contain all of the following items:
ATCP 76.27(1)(a) (a) Gauze pads - 4 x 4.
ATCP 76.27(1)(b) (b) Gauze pads – 8 x 10.
ATCP 76.27(1)(c) (c) Adhesive bandages.
ATCP 76.27(1)(d) (d) Triangular bandages.
ATCP 76.27(1)(e) (e) Scissors.
ATCP 76.27(1)(f) (f) Gauze roller bandage.
ATCP 76.27(1)(g) (g) Tweezers.
ATCP 76.27(1)(h) (h) Adhesive tape.
ATCP 76.27(1)(i) (i) Eye wash.
ATCP 76.27(1)(j) (j) Elastic bandage.
ATCP 76.27(1)(k) (k) Disposable surgical gloves.
ATCP 76.27(1)(L) (L) Resuscitation pocket face mask.
ATCP 76.27(1)(m) (m) Instant cold packs.
ATCP 76.27(2) (2)Biohazard safety equipment, including a blood and biohazard disposal kit shall be located at the first aid station or another location on the premises approved by the department.
ATCP 76.27 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.27 Register June 2016 No. 726.
ATCP 76.28 ATCP 76.28Food and drink. Food or drink service facilities may not be located within 12 feet of the water's edge of a pool.
ATCP 76.28 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.28 Register June 2016 No. 726.
ATCP 76.29 ATCP 76.29Posting pool and water attraction rules.
ATCP 76.29(1)(1)General.
ATCP 76.29(1)(a)(a) The operator shall post pool use rules governing safety and sanitation and shall enforce those rules.
ATCP 76.29(1)(b) (b) A legible sign showing pool use rules shall be posted in a conspicuous place or places in the pool area. The sign shall include at least all of the rules in this paragraph in letters at least one inch high. Pool rules in connection with water attractions, therapy pools or other specialized pools defined in ch. SPS 390 or this chapter may not be eliminated or modified without approval by the department.
ATCP 76.29(1)(b)1. 1. Do not enter the pool if you have a communicable disease or an open cut.
ATCP 76.29(1)(b)2. 2. Do not bring food, drink, gum or tobacco into the pool.
ATCP 76.29(1)(b)3. 3. Shower before entering the pool and after use of toilet facilities.
ATCP 76.29(1)(b)4. 4. Do not run or engage in rough play in the pool area.
ATCP 76.29(1)(b)5. 5. Do not bring animals into the pool area.
ATCP 76.29(1)(b)6. 6. Diaper changing on the pool deck is prohibited.
ATCP 76.29(1)(b)7. 7. Glass and shatterable items are prohibited in the pool area.
ATCP 76.29(1)(c) (c) A pool that is 200 square feet in area or greater that does not have an approved diving well configuration shall have “NO DIVING" signs in at least 4 inch high letters included with the rules listed under par. (b).
ATCP 76.29(1)(d) (d) A sign showing the maximum patron load shall be conspicuously displayed in each pool area. The maximum patron load as stated in s. ATCP 76.25 may not be exceeded.
ATCP 76.29(1)(e) (e) If non-toilet-trained children are permitted in the pool, the children shall be required to wear swim diapers.
ATCP 76.29(2) (2)Pool slides and waterslides. For the plunge section of a pool, the pool use rules signage required under sub. (1) shall also be conspicuously posted at the entrance to the slide tower and include all of the following rules:
ATCP 76.29(2)(a) (a) Do not use the slide while under the influence of alcohol or drugs.
ATCP 76.29(2)(b) (b) Follow the instructions of the attendant.
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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.