SPS 390.02 Note
Note: Also refer to administrative rules administered by the department of Health Services, specifically ch.
ATCP 76, for additional requirements regarding public swimming pools, water attractions and associated slides.
SPS 390.02 Note
Note: For accessibility information, refer to the final accessibility guidelines for recreational facilities, Federal Register, Vol. 67, No. 170, as published Tuesday September 3, 2002. Requirements relating to swimming pools, wading pools and spas are found under ADAAG 15.8.
SPS 390.02(2)
(2) Retroactivity. A rule of this chapter does not apply retroactively to public swimming pools, water attractions and associated slides existing prior to the effective date of the rule unless specifically stated in the rule.
SPS 390.02(3)
(3) Local ordinances. A county, city, village or town or local board of health may enact ordinances for pools, water attractions and associated slides, provided the standards are not in conflict with this code.
SPS 390.02(4)
(4) Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with
ch. SPS 303.
SPS 390.02 Note
Note: Chapter
SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Form SBD-9890 is available at the Department's Web site at
http://dsps.wi.gov through links to Division of Industry Services forms.
SPS 390.02 History
History: CR 08-056: cr.
Register February 2009 No. 638, eff. 3-1-09; correction in (4) made under s.
13.92 (4) (b) 7., Stats.,
Register December 2011 No. 672.
SPS 390.03
SPS 390.03 Definitions. In this chapter:
SPS 390.03(1)
(1) “Accessible" means easily and readily exposed for inspection and the replacement of materials or parts with the use of tools.
SPS 390.03(2)
(2) “ANSI" means the American National Standards, Institute, Inc.
SPS 390.03(3)
(3) “Approved" means acceptable to the department based on its determination of conformance with this chapter and good public health practices.
SPS 390.03(4)
(4) “ASME" means the American Society of Mechanical Engineers.
SPS 390.03(5)
(5) “Basin" means any vessel constructed of manmade materials and designed to hold water to be used as a public swimming pool or water attraction.
SPS 390.03 Note
Note: Section
97.01 (1g), Stats., reads: “Bed and breakfast establishment” means any place of lodging that satisfies all of the following:
SPS 390.03 Note
(a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients.
SPS 390.03 Note
(b) Provides no meals other than breakfast and provides the breakfast only to renters of the place.
SPS 390.03 Note
(c) Is the owner's personal residence.
SPS 390.03 Note
(d) Is occupied by the owner at the time of rental.
SPS 390.03 Note
(e) Was originally built and occupied as a single-family residence, or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence.
SPS 390.03(7)
(7) “Breakpoint" means the line of separation between the shallow portion and the deep portion of a pool, defined by a sharp change in the slope of the pool bottom.
SPS 390.03(8)
(8) “Children's slide" means a slide that has a maximum height of 4 feet as measured vertically from the slide entrance to the slide terminus and terminating in less than 24 inches of water.
SPS 390.03(9)
(9) “Circulation system" means the outlets, inlets, equipment and piping of pools and water attractions designed to circulate water at a predetermined quantity and velocity in order to treat and purify the water, but does not include backwash piping.
SPS 390.03(10)
(10) “Common wall" means a partition separating two pools, water attractions or whirlpools, or any combination of the aforementioned.
SPS 390.03(11)
(11) “Contrasting color" means a variance from a color of 2 steps or more in value and less than 6.5 in value on the Munsell color-order system.
SPS 390.03 Note
Note: Contrasting colors may cross hue and chroma lines.
SPS 390.03(12)
(12) “Deck" means the unobstructed walking surface immediately adjacent to the pool or water attraction.
SPS 390.03(13)
(13) “Deep portion" means that portion of a pool having a design water depth greater than 5 feet.
SPS 390.03(14)
(14) “Department" means the department of safety and professional services.
SPS 390.03(15)
(15) “Drop slide" means a pool slide or water slide where the terminus is 20 inches or more above the water level.
SPS 390.03(16)
(16) “Flume" means that part of a slide within which sliding takes place.
SPS 390.03(17)
(17) “Interactive play attraction" means a water attraction, including but not limited to manufactured devices using sprayed, jetted or other water sources with a flow rate of more than 50,000 gallons per day or a circulation system with water contacting the users and not incorporating standing or captured water as part of the user activity area.
SPS 390.03 Note
Note: Splash pads and spray pads are examples of interactive play attractions.
SPS 390.03(19)
(19) “Open swim" means a period of time when persons, other than those residing in living units associated with the pool or water attraction, are permitted to use the pool or water attraction.
SPS 390.03(20)
(20) “Owner" or “operator" means a municipality, corporation, company, association, firm, partnership or individual owning, controlling or operating any public swimming pool.
SPS 390.03(22)
(22) “Play feature" means a physical object installed in a pool or water attraction that is intended for recreational use.
SPS 390.03(23)
(23) “Pool" or “public swimming pool" has the meaning found in s.
145.26 (1), Stats. Public swimming pools include all of the following:
SPS 390.03(23)(a)
(a) “Cold soak pool" means a public swimming pool containing water colder than 72
°F that is commonly used in conjunction with therapy or training.
SPS 390.03(23)(b)
(b) “Combination pool" means a public swimming pool used for swimming and diving.
SPS 390.03(23)(c)
(c) “Competition pool" means any pool intended for use by accredited competitive aquatic events.
SPS 390.03 Note
Note: Accredited organizations may include U.S. Swimming, U.S. Diving, National Collegiate Athletic Association, National Federation of State High Schools Association, or Wisconsin Interscholastic Athletic Association.
SPS 390.03(23)(d)
(d) “Diving pool" means a public swimming pool used exclusively for diving.
SPS 390.03(23)(e)
(e) “Exercise pool" means a public swimming pool of shallow depth usually associated with a health spa and which may or may not have a current.
SPS 390.03(23)(f)
(f) “Limited purpose pool" means a public swimming pool used for a purpose not otherwise defined, such as for apparatus swimming, underwater photography training or another special use by the public.
SPS 390.03(23)(g)
(g) “Mobile pool" means a public swimming pool constructed on a mobile structure that is capable of being transported from place to place.
SPS 390.03(23)(h)
(h) “Therapy pool" means a public swimming pool used exclusively for medically administered therapy.
SPS 390.03 Note
Note: Note: Medically administered may be demonstrated by showing that a Department licensed therapist is responsible for the pool.
SPS 390.03(23)(i)
(i) “Wading pool" means a shallow public swimming pool having a maximum depth of 24 inches and intended for children's play.
SPS 390.03 Note
Note: A zero-depth entry wading pool is an example of a wading pool.
SPS 390.03(23)(j)
(j) “Whirlpool" means a relatively small public swimming pool that uses high temperature water (greater than 93
oF) and that may include a water agitation system. A whirlpool may also be referred to as a spa.
SPS 390.03 Note
Note: Section
145.26 (1), Stats., reads:
SPS 390.03 Note
“Public swimming pool" means a fixed or mobile structure, basin, chamber or tank and appurtenant buildings and equipment that serve or are installed for use by the state, a political subdivision of the state, a motel, a hotel, a resort, a camp, a club, an association, a housing development, a school, a religious, charitable or youth organization, an educative or rehabilitative facility or another entity. “Public swimming pool" does not mean a fixed or mobile structure, basin, chamber or tank that only serves fewer than 3 individual residences.
SPS 390.03(24)
(24) “Pool slide" means a slide where the drop from the slide terminus to water is less than 20 inches and the flume carries less than 100 gallons per minute of water.
SPS 390.03(25)
(25) “Private guest room" means a room or rooms that provide sleeping accommodation offered for pay to tourists or transients.
SPS 390.03(26)
(26) “Reconstructed or altered pool" means a pool construction project where replacement of or modification to the pool shell, circulation system and appurtenances occur. It does not include the replacement of equipment or piping previously approved by the department, provided that the type and size of equipment are not changed, nor does it include normal maintenance or repair.
SPS 390.03(27)
(27) “Run-out slide" means a waterslide where the rider does not enter into a plunge pool, but has a deceleration area that permits the rider to come to a stop before exiting the slide flume.
SPS 390.03(28)
(28) “Shallow portion" means the portion of a pool having a design water depth of 5 feet or less.
SPS 390.03(29)
(29) “Skimmer" means a device installed in a pool wall at the water level that is connected to the circulation piping and is intended to skim debris from the surface of a pool.
SPS 390.03(30)
(30) “Slip-resistant" means a material that when wet has a coefficient of friction greater than 0.5.
SPS 390.03(31)
(31) “Splash zone" means the area where water falls on the floor of an interactive play attraction.
SPS 390.03(32)
(32) “Spray feature" means equipment that produces a flow of water on the patrons as part of a recreational experience.
SPS 390.03 Note
Note: Spray features include geysers, water cannons and dumping buckets.
SPS 390.03(33)
(33) “Swimming pool complex" means two or more pools that are located within the same enclosure or room.
SPS 390.03(34)
(34) “Swimout" means an underwater seat area that has a floor that is higher than the floor of the pool and has walls that are recessed within the main pool wall.
SPS 390.03(35)
(35) “Suction outlet" means a discharge port installed in the wall or floor of a pool that connects by way of piping to a pump.
SPS 390.03 Note
Note: Section
97.01 (15k), Stats., reads: “Tourist rooming house" means any lodging place or tourist cabin or cottage where sleeping accommodations are offered for pay to tourists or transients. “Tourist rooming house" does not include:
SPS 390.03 Note
(a) A private boarding or rooming house, ordinarily conducted as such, not accommodating tourists or transients.
SPS 390.03 Note
(b) A hotel.
SPS 390.03 Note
(c) Bed and breakfast establishments.
SPS 390.03(37)
(37) “Turnover rate" means the time for a given volume of water to pass through the circulation system. The volume of water is generally the basin volume and the time is usually expressed in hours.
SPS 390.03(38)
(38) “Water attraction" means a public facility with design and operational features that provide patron recreational water activity other than conventional swimming and involves partial or total immersion of the body. Types of water attractions include:
SPS 390.03(38)(a)
(a) “Activity pool" means a water attraction with a depth of greater than 24 inches designed primarily for play activity that uses constructed features and devices including, but not limited to, pad walks, multiple flotation devices and similar attractions.
SPS 390.03 Note
Note: The installation of a single basketball hoop, single flotation device or a single volleyball net does not transform a pool into a water attraction.
SPS 390.03(38)(b)
(b) “Leisure river" means a stream of near-constant depth in which the water is moved by pumps or other means of propulsion to provide a river-like flow that transports users over a defined path. A leisure river may include play features and devices. A leisure river may also be referred to as a tubing pool or a current channel.
SPS 390.03(38)(c)
(c) “Plunge pool" means a pool with a depth of greater than 24 inches, located at the exit end of a waterslide flume and intended and designed to receive slide users emerging from the flume.
SPS 390.03(38)(d)
(d) “Vanishing edge pool" means a water attraction where the top of one or more of the basin walls are submerged with no accompanying decks.
SPS 390.03(38)(e)
(e) “Vortex pool" means a circular pool that is equipped with a method of transporting water in the pool for the purpose of propelling users at speeds dictated by the velocity of the moving stream.
SPS 390.03(38)(f)
(f) “Wave pool" means a water attraction designed to simulate breaking or cyclical waves for the purposes of surfing or general play.
SPS 390.03(38)(g)
(g) “Zero-depth entry pool" means a water attraction having a sloped entrance to where the water depth is zero inches at the shallowest point.
SPS 390.03(39)
(39) “Water attraction complex" means an enclosure or room where there are two or more water attractions or a water attraction and any number of public swimming pools.
SPS 390.03(40)
(40) “Waterslide" means a slide where a water flow of 100 gallons per minute or more is intended to carry a rider down a flume.
SPS 390.03 History
History: CR 08-056: cr.
Register February 2009 No. 638, eff. 3-1-09; renumbering of (39) and (40) made under s.
13.92 (4) (b) 1., Stats.,
Register February 2009 No. 638; correction in (14) made under s.
13.92 (4) (b) 6., Stats.,
Register December 2011 No. 672;
correction in (6), (36) made under s. 13.92 (4) (b) 7., Stats., Register February 2017 No. 734.
SPS 390.04(1)(a)(a)
Review requirements. All designs under the scope of this chapter shall be submitted to the department for review and receive approval from the department prior to the start of construction in accordance with this section.
