Wisconsin Legislature: ATCP 76.335(1)(g)

2. Clean suits, towels, and caps shall be stored separately from unlaundered articles.

(i) Hose bibbs. Hose bibbs shall be conveniently located so floors in the shower, dressing, and toilet facilities can be adequately rinsed.

(3) Garbage and refuse. Garbage and refuse shall meet all of the following:

(a) Approved storage container. All garbage and refuse shall be stored in metal or rigid plastic containers having tight–fitting lids.

(b) Sufficient in number. A sufficient number of containers shall be provided for all garbage and refuse generated.

(c) Stored to prevent harborage conditions. Filled containers of garbage or refuse shall meet all of the following and be covered and stored in a manner to prevent:

1. Harborage of rodents, insect attraction, and breeding areas.Pf

2. Odors. Pf

3. Environmental pollution. Pf

4. Accidents. Pf

(d) Disposal as needed. The contents of the containers shall be disposed of as needed and in a sanitary manner.

(e) Clean condition. All containers shall be kept clean.

(f) Good repair. Containers shall be maintained in good repair.

(4) Water heaters, ventilation, electrical. Water heaters, ventilation, and electrical shall meet the following:

(a) Operating condition. Water heaters and heat exchangers shall be maintained in operating condition.

(b) Air movement. Heating, ventilation, and exhaust equipment shall be maintained and operated to provide air movement pursuant to chs. SPS 361 to 365, to prevent any excessive condensation and air quality problems in indoor enclosures, as enforced by the Wisconsin department of safety and professional services.

(c) Maintained in good repair. Electrical equipment and lighting shall be maintained in good repair and in operating condition.

(d) Carbon monoxide alarms. The operator shall install functioning carbon monoxide alarms, as applicable and meet all of the following:

1. A pool equipment room that has a fuel burning appliance shall install and maintain a carbon monoxide alarm. P

2. For indoor pools, a carbon monoxide alarm shall be installed and maintained in the pool area, if there is a fuel burning appliance in the equipment room that is also located within the pool area. P

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

ATCP 76.335 Dog swims. A pool operator shall ensure all of the following during dog swim events:

(1) Operation.

(a) Water level. Before the dog swim event, the water level shall be adjusted so that the pool water in the basin does not enter the recirculation system. P

(b) Disinfectant residual. Initial disinfectant residual must be 4 ppm free chlorine or 8 ppm if cyanuric acid present. P

(d) Rabies vaccination. All dogs shall be 6 months of age or older and the owner shall provide proof of a current rabies vaccination. P

(e) Prohibited. Splash pads, spray features, play structures, whirlpools, diving boards, and slides are prohibited from operation. Pf

(f) Relief area. Grass or an alternate area shall be provided and accessible to patrons with their dogs with adequate space and trash receptacles. Pf

(g) Waste water. Pool water shall be drained by bypassing the filtration system. P

(h) Post-event cleaning.

1. Pool shall be scrubbed and cleaned after draining. P

2. The pool shall be superchlorinated before startup occurs during the following season. P

(i) Restrooms and showers available. Locker rooms may be closed, but restrooms with handwashing facilities and showers must be conveniently located. Pf

(j) Responsible supervisor. The responsible supervisor or designee shall be present at the pool before, during, and after the dog swim event. P

(k) Duration. Event shall be limited to 3 hours total from time when the first dog enters the water. Pf

(2) Rules. The following rules must be conveyed to patrons:

(a) Only dogs are allowed in the pool, except in the event of an emergency.

(b) A dog must be capable of swimming, unassisted by a human, in the depth and type of pool used for the dog swim.

(d) A dog exhibiting aggression must be removed immediately.

(e) A dog with an open cut or sore may not enter the water.

(f) A dog with loose stools may not enter the water.

(g) A patron bringing a dog must supervise the dog at all times.

(h) The patron must clean up any feces immediately and dispose of waste properly.

(3) Number of dogs per patron. A maximum of one dog per person may participate in a dog swim event.

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

Subchapter VI — Pool Construction and Design

ATCP 76.34 Pool design.

(1) Hazardous conditions. Any object or material not specifically approved pursuant to this chapter or ch. SPS 390 that may cause a hazardous condition or interfere with the safe and efficient operation of a pool, pool slide, waterslide, or deck is not permitted in the pool area. P

(2) Gates and doors maintained.

(a) Maintained. All gates and doors into the pool area shall be maintained and checked for proper operation. P

(b) Self-closing latching and lockable mechanism; location. A self-closing latching and lockable mechanism shall be installed at least 54 inches from the bottom of the gate or door. P

(3) Pool fence or barrier height. A pool fence or barrier shall meet all of the following:

(a) Be at least 5 feet high and enclose the pool area.

(b) A pool with a fence or barrier less than 5 feet in height that was previously approved by the department is acceptable, including at a change of operator, if maintained in good repair. If more than 20 feet of a fence needs replacement, plan review is required by the Wisconsin department of safety and professional services.

(4) Enclosures and entrances. Enclosures and entrances shall meet all of the following:

(a) Gates and doors.

1m. Except as provided under subd. 2m. and par. (b), all pool areas shall be enclosed P and have gates and doors that are all of the following:

a. Self-closing. P

b. Latching. P

c. Lockable. P

d. Not require a key, punch code, or electronic method to exit a pool enclosure. P

2m. This paragraph does not apply to emergency doors that cannot be opened from the outside of the pool enclosure.

Note: A primary entrance to a pool enclosure in which multiple doors must be passed through is considered to have a self-closing, latching, and lockable gate or door, if any of doors in the sequence are self-closing, latching, or lockable.

(b) Gates and doors — lifeguarded area. Gates and doors in a lifeguarded pool area shall meet all of the following:

1. If gates and doors are not self-closing and latching, the gates and doors to the pool shall be staffed with an attendant and at least one lifeguard shall be present. P

2. Documentation for staffing shall be included in the lifeguard staffing plan. Pf

(5) Signage. During closed hours, a sign shall be conspicuously posted stating that the pool, pool slide, waterslide, and deck are closed.

Note: See s. SPS 390.18 (4) for additional rules relating to the outdoor pool enclosure.

(6) Landscaping.

(a) Restrictions. Landscaping planters, pots, or other plant containers may not be placed on the required deck area.

(b) Separation. Landscaping features such as bark, gravel, shrubs, or flowers may be located within the pool enclosure but shall be separated from the pool by an additional 5 feet of impervious area or maintained lawn.

(c) Maintenance. Landscaped areas within a pool enclosure shall be continually maintained to prevent debris from entering the water.

(d) Trees. Trees used as landscaping features may not overhang the required deck area.

(e) Sand. Sand may not be located within a pool enclosure unless the sand area is made inaccessible from the pool area by a barrier that is at least 42 inches high. Alternatively there may be controlled entrances to the pool area if the entrances are controlled and provided with showers.

History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; renum. of (4) (a) (intro.), 1. to 4., 5. to (4) (a) 1m. (intro.), 1m. a. to d. and 2m. made under s. 13.92 (4) (b) 1., Stats., (4) (b) title created under s. 13.92 (4) (b) 2., Stats., and corrections in (4) (a) 1m. made under ss. 13.92 (4) (b) 4. and 35.17, Stats., Register June 2023 No. 810.

ATCP 76.35 Waterslide and pool slide design.

(1) Designed and installed. All waterslides and pool slides shall be designed, installed, and lubricated pursuant to s. SPS 390.31. Pf

(2) Continuously separated. The portion of the pool water surface that is used as a plunge area for a drop slide or waterslide shall be continuously separated from other areas of the pool in a manner approved by the department or its agent, as long as the slide is in use. P

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

ATCP 76.36 Water attraction, play features, and slide design.

(1) General. Water attraction, play features, and slide design shall meet all of the following:

(a) Design and construction requirements. Water attractions and play features shall be designed, assembled, constructed, and maintained in accordance with recognized safe practices as defined in s. SPS 334.01 (15), and so that maximum patron loads do not stress any part of the water attraction beyond recognized safe practices. Pf

(b) Free from hazardous projections. Interior and exterior parts of any water attractions a patron may come into contact with shall be free of abrasives and splinters, sharp edges and corners, protruding studs, bolts, screws, and other hazardous projections.P

(c) Padding. Padding or other means to minimize injury due to patron impact resulting from the action of the water attraction shall be provided in accordance with recognized safe practice, pursuant to s. SPS 334.01 (15). P

(d) Enclosure of hazardous parts. All hazardous parts, including pinch points and shear points of water attractions and play features, shall be enclosed, barricaded, or otherwise arranged to effectively prevent injury in accordance with recognized safe practice, as defined in s. SPS 334.01 (15). P

(e) Guards. Guards removed for any purpose shall be replaced before normal operation of the water attraction is resumed. P