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ATCP 76.33(2)(c) (c) Toilet room fixtures and diaper changing stations shall be kept clean and maintained in good repair.
ATCP 76.33(2)(d) (d) Lockers and furniture shall be cleaned as needed and maintained in good repair.
ATCP 76.33(2)(e) (e) Soap shall be continually provided at each hand washing sink and shower in permanently installed dispensing devices. The dispensers shall be maintained in operating condition.
ATCP 76.33(2)(f) (f) Individual towels in dispensers or hot air dryers shall be provided at hand washing sinks.
ATCP 76.33(2)(g) (g) A continuous supply of toilet tissue shall be provided in permanently installed dispensing devices.
ATCP 76.33(2)(h) (h) If bathing suits or towels or caps are furnished to patrons, they shall be thoroughly laundered with detergent and machine dried after each use. Clean suits, towels and caps shall be stored separately from unlaundered articles.
ATCP 76.33(2)(i) (i) Hose bibbs shall be conveniently located to adequately rinse and sanitize floors in shower, dressing, and toilet facilities.
ATCP 76.33(3) (3)Garbage and refuse. All garbage and refuse shall be stored in metal or rigid plastic containers having tight–fitting lids. A sufficient number of containers shall be provided for all garbage and refuse generated. Filled containers of garbage or refuse shall be covered and stored in a manner to prevent harborage for rodents, insect attraction and breeding areas, odors, environmental pollution and accidents. The contents of the containers shall be disposed of as needed and in a sanitary manner. All containers shall be kept clean and maintained in good repair.
ATCP 76.33(4) (4)Water heaters, ventilation, electrical.
ATCP 76.33(4)(a)(a) Water heaters and heat exchangers shall be maintained in operating condition.
ATCP 76.33(4)(b) (b) Heating, ventilation, and exhaust equipment shall be maintained and operated to provide air movement as required by chs. SPS 361 to 365 to prevent any excessive condensation and air quality problems in indoor enclosures.
ATCP 76.33(4)(c) (c) Electrical equipment and lighting shall be maintained in good repair and in operating condition.
ATCP 76.33 Note Note: Refer to s. SPS 390.16 for department of safety and professional services installation requirements.
ATCP 76.33 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. (1) (d) and (g) Register May 2010 No. 653, eff. 6-1-10; corrections in (1) (d) and (g), (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 172.33 Register June 2016 No. 726.
subch. V of ch. ATCP 76 Subchapter V — Pool, Slide, and Water Attraction Construction and Design
ATCP 76.34 ATCP 76.34Pool design.
ATCP 76.34(1)(1)Any object or material not specifically approved under this chapter or ch. SPS 390 that may cause hazardous conditions or interfere with efficient operation of a pool, pool slide, waterslide, or water attraction, and deck may not be permitted in the pool area.
ATCP 76.34(2) (2)All gates and doors into the pool area shall be maintained and checked for proper operation. Gates and doors shall be locked when the pool is not open to the public or is not in use.
ATCP 76.34(3) (3)All outdoor pool enclosures shall be at least 5 feet high.
ATCP 76.34(4) (4)All pool areas shall be enclosed and have self-closing and latching gates or doors that are lockable.
ATCP 76.34(5) (5)During closed hours, a sign shall be conspicuously posted stating that the pool, pool slide, water slide, or water attraction and deck are closed.
ATCP 76.34 Note Note: See s. SPS 390.18 (4) for additional rules relating to the outdoor pool enclosure.
ATCP 76.34(6) (6)Landscaping planters, pots or other plant containers may not be placed on the required deck area. 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, or the landscaping features must be installed in a 4 inch depression and the depressed area must be surrounded by a 42 inch high barrier. Landscaped areas within a pool enclosure shall be continually maintained to prevent debris from entering the water. Trees used as landscaping features may not overhang the required deck area. Sand may not be located within a pool enclosure unless the sand area is made inaccessible from the pool area by the location of a security-type barrier that is at least 42 inches high. There may be controlled entrances to the pool area if the entrances are controlled and provided with showers.
ATCP 76.34 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 172.34 Register June 2016 No. 726; correction in (6) made under s. 35.17, Stats., Register June 2016 No. 726.
ATCP 76.35 ATCP 76.35Waterslide and pool slide design.
ATCP 76.35(1)(1)All waterslides and pool slides shall be designed and installed as required in s. SPS 390.31.
ATCP 76.35(2) (2)Waterslide and pool slide lubrication shall be in accordance with s. SPS 390.31 (4). Run-out slide flume lubrication systems shall comply with the requirements in s. SPS 390.31 (4) (a).
ATCP 76.35(3) (3)The portion of the pool water surface that is used as a plunge area for a pool slide or waterslide shall be continuously separated from other areas of the pool in a manner approved by the department as long as the slide is in use.
ATCP 76.35 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. (1) and (2) Register May 2010 No. 653, eff. 6-1-10; corrections in (1) and (2) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 172.35 Register June 2016 No. 726.
ATCP 76.36 ATCP 76.36Water attraction, play features, and slide design.
ATCP 76.36(1)(1)General.
ATCP 76.36(1)(a)(a) 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.
ATCP 76.36(1)(b) (b) Interior and exterior parts of all 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.
ATCP 76.36(1)(c) (c) 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, as defined in s. SPS 334.01 (15).
ATCP 76.36(1)(d) (d) All hazardous parts, including but not limited to 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).
ATCP 76.36(1)(e) (e) Guards removed for any purpose shall be replaced before normal operation of the water attraction is resumed.
ATCP 76.36(1)(f) (f) Wheels and levers used by patrons in the control of the action of the water attraction shall be designed and maintained to prevent pinches, strains, abrasions, and body actions that could result in injuries. Wheels and levers shall be padded. Wheels shall have a solid center in lieu of spokes.
ATCP 76.36(1)(g) (g) Water attractions shall be fenced, barricaded or otherwise arranged in accordance with recognized safe practice, as defined in s. SPS 334.01 (15), so that the public is effectively prevented from entering hazardous areas.
ATCP 76.36(1)(h) (h) Fences shall be constructed to meet all of the following requirements:
ATCP 76.36(1)(h)1. 1. Fences shall be at least 42 inches above the surface on which the spectators or patrons stand.
ATCP 76.36(1)(h)2. 2. Fences shall be constructed to reject a 4 inch ball at all openings, including between the bottom of the fence and the surface upon which it rests.
ATCP 76.36(1)(h)3. 3. Fences shall be designed, constructed and erected to inhibit overturning by spectators or patrons.
ATCP 76.36(1)(h)4. 4. Where used, gates shall open away from the water attraction unless equipped with a positive latching device.
ATCP 76.36(1)(i) (i) Gates shall be designed such that, if opened during the water attraction's operation, the gate will not contact the water attraction or cause a hazard to patrons.
ATCP 76.36(1)(j) (j) Fences and gates shall be constructed to inhibit spectator contact with the water attraction and patron contact with fences or gates.
ATCP 76.36 Note Note: Horizontal members in a fence or gate may be used to improve construction or efficiency, but should be minimized to reduce the ease of climbing.
ATCP 76.36(1)(k) (k) Loading and unloading areas which are an integral part of the water attraction shall be separated from moving parts by barriers or guardrails.
ATCP 76.36(1)(L) (L) A flexible barrier, such as a rope or chain, may be used to prevent access to the passenger–carrying devices, provided the barrier is no longer than necessary and is controlled by an authorized attendant.
ATCP 76.36(1)(m) (m) Water attractions with moving sweeps shall be guarded by a standard guardrail or a center cover designed and maintained to safely support a minimum load of 200 pounds.
ATCP 76.36(1)(n) (n) Where a spectator area is provided, it shall be separated by a railing or other barrier from the water area.
ATCP 76.36(2) (2)Interactive play attractions. All interactive play attractions shall comply with all of the following requirements:
ATCP 76.36(2)(a) (a) If access to the interactive play attraction is not restricted by an enclosure, an attendant shall be present to provide periodic supervision.
ATCP 76.36(2)(b) (b) Water drains shall be in good working condition.
ATCP 76.36(2)(c) (c) Trees and vegetation may not be allowed in the interactive play attraction area.
ATCP 76.36(2)(d) (d) Water spray features shall be activated for 30 minutes before the daily opening of the interactive play attraction.
ATCP 76.36 Note Note: A ring buoy and shepherd's crook are not required to be present for an interactive play attraction.
ATCP 76.36 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; CR 09-115: am. (2) (a) Register May 2010 No. 653, eff. 6-1-10; corrections in (1) (a), (c), (d), (g) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 172.36 Register June 2016 No. 726.
ATCP 76.37 ATCP 76.37Maintenance, repair, and modifications of water attractions.
ATCP 76.37(1)(1)General.
ATCP 76.37(1)(a)(a) Water attractions shall be maintained, repaired and modified in accordance with recognized safe practice, as defined in s. SPS 334.01 (15).
ATCP 76.37(1)(b) (b) Improperly maintained, repaired or modified water attractions may not be opened to the public.
ATCP 76.37(1)(c)1.1. Defective, improper, worn, or missing parts shall be replaced or repaired. Maintenance, repair, and replacement parts shall be of a quality equal to or better than the original parts.
ATCP 76.37(1)(c)2. 2. All work shall be performed by a competent qualified mechanic capable of understanding the function of the parts and the proper installation.
ATCP 76.37(1)(c)3. 3. Nongraded bolts, nails, fasteners, and wire shall be used only for their intended purposes.
ATCP 76.37(1)(c)4. 4. Rotted, split, or otherwise structurally unsound material shall be replaced.
ATCP 76.37(2) (2)Inspections and testing.
ATCP 76.37(2)(a) (a) General. The owner shall arrange for all water attractions to be periodically inspected and for operational tests to be performed as specified in this subsection. Such inspections and tests shall be documented by written records and the records shall be kept as specified in s. ATCP 76.32 (3).
ATCP 76.37(2)(b) (b) Daily inspection and operational testing. Water attractions and all pool slides shall be inspected and their operation tested each day before use by patrons. The inspection and operational test shall include the operation of all control devices and safety equipment.
ATCP 76.37(2)(c) (c) Waterslide inspection. Every five years all waterslides shall be evaluated by an engineer for the structural stability and integrity of the slide and platform. A copy of a report signed by the engineer shall be kept on site as pursuant to s. ATCP 76.32.
ATCP 76.37 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; correction in (1) (a) made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; renum. from DHS 172.37 Register June 2016 No. 726; correction in (2) (a), (c) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (1) (c) 3. made under s. 35.17, Stats., Register June 2016 No. 726.
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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.