ATCP 76.27 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.28(1)(1)
Location. Food or drink service facilities may not be located within 12 feet of the water's edge of a pool, except for swim-up bars.
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ATCP 76.28(2)
(2)
Utensils. Only shatter-proof utensils for food and drink shall be used in the pool area, except for approved swim-up bars.
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ATCP 76.28 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.29(1)(a)1.
1. The operator shall post pool use rules governing safety and sanitation and shall enforce those rules.
ATCP 76.29(1)(a)2.
2. Rules shall be conveyed using words with letters at least one inch high, or symbols that are at least 4 inches in height and clearly visible to patrons.
ATCP 76.29(1)(a)3.
3. A legible sign showing pool use rules shall be posted in a conspicuous place.
ATCP 76.29(1)(b)1.c.
c. Shower
immediately before
entering
the
pool
and
after
use
of
a steam room, sauna, or toilet
facilities.
ATCP 76.29(1)(c)
(c)
Supervision of children under the age of 12. For a non-lifeguarded pool, a statement indicating that children under the age of 12 shall be supervised by an adult shall be added the signage requirements in par.
(b).
ATCP 76.29(1)(d)
(d) “
No Diving”; signage. 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).
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ATCP 76.29(1)(e)
(e)
Maximum patron load; signage. A sign showing the maximum patron load shall be
conspicuously
displayed
near
each
pool. The
maximum
patron
load
pursuant to s.
ATCP 76.25, may not be exceeded.
ATCP 76.29(1)(f)
(f)
Breath holding; prohibition. The operator of a pool shall provide signage or otherwise communicate to patrons that activities involving prolonged breath holding are prohibited.
ATCP 76.29(2)
(2)
Pool slides and waterslides and other waterrides. ATCP 76.29(2)(a)
(a) Posting of rules; pool slides and waterslides. For the plunge section of a pool, the pool use rules signage required under sub.
(1), shall be provided. Additionally, the following
rules shall be provided and be conspicuously posted at the entrance to the slide tower in at least one inch lettering:
ATCP 76.29(2)(b)
(b)
Special instruction. The operator shall ensure that the patron is instructed using words, pictures, or symbols on how to position themselves and safely ride or otherwise participate in the attraction.
ATCP 76.29(3)
(3)
Whirlpools. For whirlpools, the signage required under sub.
(1) shall be conspicuously posted in the whirlpool area and include at a minimum, all of the following rules preceded by the word “WARNING” conspicuously printed in at least one inch letters:
ATCP 76.29(3)(a)
(a) Persons suffering from heart disease, diabetes,
or
high
or
low
blood
pressure
should
consult their physician before using a whirlpool.
ATCP 76.29(3)(b)
(b) Persons
under
the
influence
of
alcohol
or
drugs
may
not
use the whirlpool.
ATCP 76.29(3)(c)
(c) Pregnant
women
should
consult
their
physician
regarding whirlpool
usage.
ATCP 76.29(3)(d)
(d) Lengthy exposure may be hazardous to your health and may result in nausea, dizziness, or fainting.
ATCP 76.29(3)(e)
(e) Minors
under
the
age
of
6
are
not
permitted
in
the
whirlpool.
ATCP 76.29(4)
(4)
Vortex pool, current pool, and other rides that rapidly move or change position of the patron. For vortex pool, current pool and other rides that rapidly move or change position of the patron, the signage required in sub.
(1), shall be conspicuously posted and include “Artificial Current; Strong Swimmers Only.” in
4 inch or larger letters.
ATCP 76.29(5)
(5)
Cold soak pools. For cold soak pools, the signage required under sub.
(1), shall be conspicuously posted in the cold
soak
area
and
include
a
sign
that
states
the
water
temperature in Fahrenheit in at least 4 inch high
letters.
ATCP 76.29(6)
(6)
Interactive play attractions. The signage required under sub.
(1) shall be conspicuously posted on the periphery of the interactive play attraction.
ATCP 76.29 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; correction in (6) made under s.
35.17, Stats.,
Register June 2023 No. 810.
ATCP 76.30(1)(1)
Reasons for closure. The operator or
responsible
supervisor
shall
close
a
pool for any of the following:
ATCP 76.30(1)(a)
(a) The presence of a hazardous substance or object in the pool
or
the
existence
of
any
condition
creating
an
immediate
danger to health or safety, including fecal accident
events.
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ATCP 76.30(1)(c)
(c) Failure to comply with the disinfectant or sanitizer residual levels pursuant to s.
ATCP 76.14, or pH values that are less than 6.8 or equal to or greater than
8.0.
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ATCP 76.30(1)(d)
(d) A nonoperational circulation pump, filter, or disinfectant or sanitizer feeder.
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ATCP 76.30(1)(e)
(e) Failure
to
comply
with
the
number
of
lifeguards
or
attendants pursuant to s.
ATCP 76.23.
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ATCP 76.30(1)(i)
(i) The pool gate or door is not equipped with a self-closing and latching mechanism, except when staffed by a lifeguard or attendant.
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ATCP 76.30(2)
(2)
Actions by the department or its agent. The department or its agent pursuant to s.
ATCP 76.07 (3) shall order that the pool be closed and posted with signage indicating closure for any criteria identified in sub.
(1).
ATCP 76.30 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.31
ATCP 76.31
Fecal accident, vomit, and blood response. ATCP 76.31(1)(1)
Guidelines for response. In responding to a fecal accident, vomit, and blood incident, the operator shall follow the guidelines for a fecal accident, vomit, and blood incident
in
pools
used
for
swimming
published
by
the
United States centers for disease control and prevention.
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ATCP 76.31(2)
(2)
Documentation. The operator shall document each fecal, vomit and blood contamination incident as follows:
ATCP 76.31(2)(a)
(a)
Date, time, and chemical concentrations when the event occurred. Record the
date
and
time
of
the
event,
and
the
free
available
chlorine or bromine concentration, cyanuric acid concentration, and pH of the pool water.
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ATCP 76.31(2)(b)
(b)
Date, time, and chemical concentrations after clean-up has occurred. Record the
date
and
time
after clean-up has occurred,
and
the
free
available
chlorine concentration, cyanuric acid concentration, and pH of the pool water before reopening the pool to the
public.
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ATCP 76.31(2)(c)
(c)
Stool description. For fecal accident, whether the stool is formed or
loose.
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ATCP 76.31(2)(d)
(d)
Procedures followed. The
procedures
followed
in
responding
to
the
fecal, vomit or blood
contamination.
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ATCP 76.31(2)(f)
(f)
Duration. Length of time between the
occurrence,
detection,
and
resolution
of
the
incident.
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ATCP 76.31 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.315
ATCP 76.315 Waterborne outbreak investigations. ATCP 76.315(1)(1)
Health Department Notification. The operator shall contact the department or its agent for operational and testing guidance when notified of a suspected waterborne illness.
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ATCP 76.315(2)
(2)
Suspected waterborne illness outbreak. In the event of a suspected waterborne illness outbreak, the operator shall close the pool to use and contact the department or its agent for instructions regarding sampling, corrective actions, and reopening procedures.
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ATCP 76.315(3)
(3)
Filter media. If
Pseudomonas aeruginosa,
Staphylococcus aureus, or
Legionella pneumophila is detected in any sample from a pool, the pool must be cleaned and sanitized and filter media must be changed, as applicable, or as directed by the department or its agent.
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ATCP 76.315 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.32(1)(1)
Operating reports. The pool operator or responsible supervisor shall complete reports of the pool operation on forms provided by the department or its agent to include verification and documentation of all of the following:
ATCP 76.32(1)(h)
(h) If monthly reports are requested by the department or its agent, they shall be submitted no later than the tenth day of the following month.
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ATCP 76.32 Note
Note:
To obtain copies of the form for monthly reporting of daily public pool operations, or to determine which agent to contact to obtain copies, contact the bureau of food and recreational businesses at (608) 224-4682 or PO Box 8911, Madison, Wisconsin 53708-8911.
ATCP 76.32(2)
(2)
Death, injury, or illness reports. The operator shall report
any incident
resulting
in
death,
serious
injury,
or
illness
that requires assistance
from
emergency
medical
personnel,
by
the
end of
the
next
working
day
following
the
incident
by
phone, email,
or
fax
to the department or
its agent.
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ATCP 76.32 Note
Note: Report
deaths,
injuries,
or
illnesses
to
the
bureau
of
food
and
recreational businesses
by
calling
(608)
224-4682, emailing to
datcpdfrsrec@wisconsin.gov or
faxing
to
(608)
224-4710.
ATCP 76.32(3)(a)(a)
Files permanently maintained on the premises. The operator shall permanently maintain on the premises a copy of each of the following:
ATCP 76.32(3)(a)2.
2. For pools constructed after July 1, 2023, a copy of the Wisconsin department of safety and professional services approved pool constructions plans, including Virginia Graeme Baker Act plan approvals.
