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(3) Water level. Proper water level shall be maintained at all times when the pool is open. Pf
(a) Skimmers. Water levels in pools with skimmers shall be maintained at a level such that the weir is half submerged or in the case of a floating weir, used according to manufacturer’s directions. Pf
(b) Gutters. Pools designed with gutters shall have a continuous water supply over the gutter to provide effective skimming. Pf
(4) Water temperature.
(a) Thermometer accuracy and location.
1. An accurate thermometer shall be located in the pool water return line. Pf
2. The thermometer shall be accessible for observation by the operator. Pf
(b) Pool water temperature.
1. Except as provided in par. (d), the water temperature of an indoor pool shall be between 70°F or 21°C and 90°F or 32°C. P
2. The minimum water temperature for an outdoor pool shall be 65°F or 18°C. P
(c) Whirlpool water temperature. The water temperature in a whirlpool shall be greater than 90°F or 32°C, and may not exceed 104°F or 40°C. P
(d) Cold soak pool water temperature.
1. Cold soak pools may be operated at a lower temperature than specified under par. (b).
2. The pool shall post the water temperature on signage pursuant to s. ATCP 76.29 (5). Pf
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
Subchapter IV — Staffing Pools
ATCP 76.20 Operator.
(1) Pools.
(a) General requirement. Each pool shall be under the supervision of at least one operator, except that if multiple pools are located on the same premise, and licensed by the same person, they may be supervised by one operator. Pf
(b) Operator responsibilities. Each operator shall be responsible for pool operation and maintenance including equipment shut-down, backwashing, daily maintenance and vacuuming, and maintenance of water quality pursuant to ch. ATCP 76. Pf
(2) Pool operator certification.
(a) Pool operator certification required.
1. Each water attraction or multiple water attractions on the same premise shall have at least one certified operator.Pf
2. An owner of a pool who demonstrates a lack of active managerial control over the pool operation by having 2 or more reinspections in a 3-year period is required to have a certified operator. Pf
3. Pool operator certification for a water attraction shall be obtained within 90 days of receiving a new license or a pool meeting the conditions under subd. 2. Pf
a. A pool that is required to have a certified operator under subd. 2, may contract with a certified operator.
b. The certified operator shall be able to respond within 3 hours.
4. The owner of a pool shall replace a certified operator within 90 days after a certified operator’s departure. Pf
(b) Certified operator duties. A certified operator is responsible for all of the following:
1. The certified operator will perform service related to water quality parameters pursuant to ss. ATCP 76.14, 76.16, and 76.19.
2. The certified operator shall ensure that equipment is properly functioning pursuant to ss. ATCP 76.11, 76.13, 76.15, and 76.17.
(c) Documentation of certification. A current copy of the certified operator’s certification shall be maintained at the pool. Pf
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.21 Responsible supervisor.
(1) Responsibilities.
(a) Supervision. Each pool shall be under the supervision of at least one responsible supervisor at all times when the pool is in use or is open to the public. P
(b) Availability. The responsible supervisor shall be on the premises or immediately available via a phone number posted by the emergency phone and shall respond to an unsafe or unsanitary condition within 15 minutes, at any time the pool is open for use.P
(c) Duties. The responsible supervisor shall ensure all of the following:
1. Order is maintained. P
2. Safety and rescue equipment is in place. P
3. Pool use regulations are enforced. P
4. Sanitation and water testing is performed. P
5. Monthly interlock testing is performed.
6. Monthly secondary anti-entrapment device testing is performed, if applicable. P
7. Records are maintained. P
8. Chemical safety training is provided to staff. P
9. The rope separating the shallow and deep portions of the pool is in place during required times. P
10. The pool is closed pursuant to s. ATCP 76.30. P
11. A pool cover or blanket, if provided, does not pose a safety hazard to patrons. P
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.22 Lifeguards and attendants.
(1) Lifeguard and attendant staffing plans. A pool that is not required to have an attendant or lifeguard is not required to have a lifeguard or attendant staffing plan.
(a) Staffing plan requirements. The owner or operator of a pool, including a whirlpool over 4 feet deep and a pool with a visual obstruction, shall have a written lifeguard and attendant staffing plan. Pf
(b) Plan criteria. The written lifeguard and attendant staffing plan shall include all of the following:
1. The square footage of the pool. Pf
2. The maximum and average patron load. Pf
3. The hours of operation. Pf
4. The location of each lifeguard station, lifeguard roaming or walking patrol ensuring that glare conditions are assessed from each location to determine if the bottom and objects in the pool are clearly visible. Pf
5. The location of each first aid station. Pf
6. The number of lifeguards or attendants on duty pursuant to s. ATCP 76.23. Pf
7. Diagrams shall be provided with the following information for each use of the pool, for both average and maximum capacity:
a. The placement of attendants. Pf
b. The placement of lifeguards. Pf
c. The location of the lifeguard roaming area or walking patrol. Pf
d. Location of lifeguard chairs or stations. Pf
e. Location of each obstruction. Pf
8. A method of communication when 2 or more attendants or lifeguards are required. Pf
9. If applicable, the method that will be used for periodic supervision within a pool enclosure that contains a combination of lifeguarded and non-lifeguarded pools. Pf
(c) Availability. The owner or operator shall keep a copy of the written lifeguard and attendant staffing plan at the pool and make it available to the department or its agent upon request, for review and approval.
(2) Qualifications. A lifeguard shall be required to have current certifications in all of the following:
(a) Certification requirements. A copy of each certification held by lifeguard staff shall be maintained at the pool and shall be made available for inspection by the department or its agent. P Certifications required include all of the following:
1. Lifeguarding certification as defined under s. ATCP 76.03 (44). P
2. First aid certification. P
3. CPR with AED certification. P
(b) Attendants. Attendants may staff water attractions, waterslides, or pool slides to assist patrons, pursuant to s. ATCP 76.23. Attendants may not be used in place of lifeguards.
(3) Lifeguard identification and assignment.
(a) Identification and equipment. At all times when on duty a lifeguard shall have all the following:
1. Clothing or equipment that is conspicuously marked “Lifeguard” or “Guard”.
2. A rescue tube with a harness as instructed in national certification courses. P
3. A whistle. P
(b) Assigned duties. A lifeguard who is assigned to supervise a pool may not be assigned duties that may distract the lifeguard’s attention from observing a patron in the pool or that may hinder the lifeguard’s ability to provide immediate assistance to a patron.P
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2023 No. 815.
ATCP 76.23 Lifeguard and attendant placement and staffing requirements.
(1) General.
(a) Staffing requirements.
1. Each pool having a surface area of 2,000 square feet or more shall be staffed pursuant to ss. ATCP 76.23 Table A, and ATCP 76.23 Table B, when the pool is in use or is open to the public. If the requirements in s. ATCP 76.23 Table A or B, conflict, the pool shall comply with the strictest requirements of s. ATCP 76.23 Table A or B. P
2. An operator may close a portion of a pool to patrons in order to meet the lifeguard staffing requirements for square footage pursuant to s. ATCP 76.23 Table A, except that at least one lifeguard shall be provided. P
3. An operator may limit the number of patrons in order to meet s. ATCP 76.23 Table A, for lifeguard staffing. P
4. When the patron load of a pool exceeds 336 patrons, one lifeguard shall be provided for each additional 100 patrons or fraction thereof. P
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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.