This is the preview version of the Wisconsin State Legislature site.
Please see for the production version.
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.
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.