Chapter ATCP 76

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 ATCP 76.30 Pool closing criteria.

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. P

ATCP 76.30(1)(b) (b) Failure to comply with the water quality requirements pursuant to s. ATCP 76.16. P

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. P

ATCP 76.30(1)(d) (d) A nonoperational circulation pump, filter, or disinfectant or sanitizer feeder. P

ATCP 76.30(1)(e) (e) Failure to comply with the number of lifeguards or attendants pursuant to s. ATCP 76.23. P

ATCP 76.30(1)(f) (f) Absence or non-availability of a responsible supervisor. P

ATCP 76.30(1)(g) (g) Nonfunctional emergency phone. P

ATCP 76.30(1)(h) (h) The pool is undergoing maintenance or repair. P

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. P

ATCP 76.30(1)(j) (j) A cyanuric acid level above 300 ppm. P

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. P

ATCP 76.31 Note Note: United States centers for disease control and prevention guidelines for responding to fecal accidents, vomit, and blood spills may be viewed at: https://www.cdc.gov/healthywater/swimming/aquatics-professionals/fecalresponse.html#fecal-incident.

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. Pf

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. Pf

ATCP 76.31(2)(c) (c) Stool description. For fecal accident, whether the stool is formed or loose. Pf

ATCP 76.31(2)(d) (d) Procedures followed. The procedures followed in responding to the fecal, vomit or blood contamination. Pf

ATCP 76.31(2)(e) (e) Patron count. The number of patrons in the pool. Pf

ATCP 76.31(2)(f) (f) Duration. Length of time between the occurrence, detection, and resolution of the incident. Pf

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. P

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. P

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. P

ATCP 76.315 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.32 ATCP 76.32 Reports and records.

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)(a) (a) Chemical testing pursuant s. ATCP 76.14.

ATCP 76.32(1)(b) (b) Backwashing completion.

ATCP 76.32(1)(c) (c) Breakpoint chlorination.

ATCP 76.32(1)(d) (d) Interlock testing.

ATCP 76.32(1)(e) (e) Anti-entrapment system testing.

ATCP 76.32(1)(f) (f) Water temperature.

ATCP 76.32(1)(g) (g) Safety and rescue equipment maintained pursuant to ss. ATCP 76.26 and ATCP 76.27.

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. Pf

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 [phone] 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. Pf

ATCP 76.32 Note Note: Report deaths, injuries, or illnesses to the bureau of food and recreational businesses by calling [phone], emailing to [e-mail] or faxing to [phone].

ATCP 76.32(3) (3) Files.

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)1. 1. A copy of the most current version of ch. ATCP 76.

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.

ATCP 76.32(3)(a)3. 3. The manufacturer’s pump performance curve. Pf

ATCP 76.32(3)(a)4. 4. The manual of operations for any secondary anti-entrapment device or system, as applicable. Pf

ATCP 76.32(3)(a)5. 5. The manual of instruction on filter operation.

ATCP 76.32(3)(a)6. 6. Instructions for operation and maintenance of all equipment.

ATCP 76.32(3)(a)7. 7. Instructions and other pertinent information on pool operation and maintenance.

ATCP 76.32(3)(a)8. 8. The most recent United States centers for disease control and prevention recommendations for fecal accidents or another plan in response to fecal accidents that is consistent with the United States centers for disease control and prevention’s fecal accident response recommendations.

ATCP 76.32(3)(a)9. 9. The Virginia Graeme Baker Act main drain and equalizer cover replacement receipts or similar documentation. Pf

ATCP 76.32(3)(b) (b) File retention period. The following operational tests and reports shall be kept for a minimum of 2 years.

ATCP 76.32(3)(b)1. 1. Anti-entrapment device or system test results as required by manufacturer and corrective actions taken, if needed. Pf

ATCP 76.32(3)(b)2. 2. Any laboratory bacteriological report. Pf

ATCP 76.32(3)(b)3. 3. Any fecal accident report made pursuant to s. ATCP 76.31.Pf

ATCP 76.32(3)(b)4. 4. Any daily inspections and operational tests. Pf

ATCP 76.32(3)(b)5. 5. Any other reports required by the department or its agent.

ATCP 76.32(3)(c) (c) Access. All of the documents under pars. (a) and (b), shall be accessible to the department or its agent upon request.

ATCP 76.32 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.33 ATCP 76.33 Facility maintenance, repair, and sanitation.

ATCP 76.33(1) (1) Pool area.

ATCP 76.33(1)(a) (a) Basin. The pool basin area shall meet all of the following and be:

ATCP 76.33(1)(a)1. 1. Routinely brushed or vacuumed to keep the basin and surrounding appurtenances free of sediment, lint, hair, debris, algae, and slime growth and discoloration.

ATCP 76.33(1)(a)2. 2. Maintained free of cracks or other defects and repaired or refinished as necessary to maintain it in a cleanable condition.

ATCP 76.33(1)(a)3. 3. Maintained in a clean and sanitary condition.

ATCP 76.33(1)(a)4. 4. Free of glass and shatterable plastic items, except for pool test kit contents while in use to test pool water according to manufacturer’s instructions and in drink preparation areas of a swim up bar. Pf

ATCP 76.33(1)(b) (b) Deck maintenance and cleaning.

ATCP 76.33(1)(b)1. 1. Deck areas and appurtenances, including safety pads, shall meet all of the following and be:

ATCP 76.33(1)(b)1.a. a. Maintained in good repair.

ATCP 76.33(1)(b)1.b. b. Rinsed as needed to prevent microbial growth.

ATCP 76.33(1)(b)2. 2. Disinfected at least weekly for indoor pool decks with disinfecting agents according to the manufacturer’s directions.

ATCP 76.33 Note Note: It is recommended to avoid the use of an ammonia-based disinfectant as this can contribute to an increased level of chloramines in the pool water.

ATCP 76.33(1)(b)3. 3. Cleaned as needed for outdoor pool decks.

ATCP 76.33(1)(b)4. 4. Maintained so that depth markings along the edge of the pool are clearly visible and readable. Pf

ATCP 76.33(1)(b)5. 5. Kept unobstructed except for easily portable furniture and equipment. Pf

ATCP 76.33(1)(c) (c) Walls, ceilings and floors. The walls, ceilings, and floors in the pool area shall be maintained in a clean and sanitary condition.