5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The Department estimates that the work to develop and promulgate the proposed rule will require approximately 0.4 FTE. This includes conducting advisory group meetings and researching the MAHC.
6. List with description of all entities that may be affected by the proposed rule:
Entities that may be affected by the proposed rule include:
- General public who swim at public pools
- Pool operators including maintenance staff, management, lifeguards, and attendants
- Pool facilities associated with municipalities, schools, lodging facilities like hotels, motels, and tourist rooming houses; resorts, bed and breakfast establishments, water parks, campgrounds, apartments/condominium complexes, country clubs, health care facilities, fitness centers, and other applicable establishments
- Pool service and sales industry professionals
- Pool designers and engineers
- Credentialing agencies responsible for training and issuing certifications for pool operation, lifeguarding, first aid, CPR/AED
- Local health department agent program pool inspection staff
- Department pool inspection staff
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
The Model Aquatic Health Code is a voluntary national guidance document that is comparable to a national pool code. It is created and revised by the Council for the Model Aquatic Health Code under sponsorship of the Centers for Disease Control and Prevention. Wisconsin actively participates at the MAHC Convention. The MAHC sections that pertain to health, safety and maintenance may be considered for inclusion into the rule. At least 22 states/counties are in the process of, or considering, adoption. Of our neighboring states, Minnesota, Iowa, and Indiana have all indicated interest in adoption or are in the process of adoption. Michigan and Illinois have not indicated their stance on MAHC adoption.
There are also federal requirements that will be under consideration for incorporation into the rule. These federal requirements include the Virginia Graeme Baker Pool and Spa Safety Act, and the Americans with Disabilities Act mandating handicap accessibility to swimming pools.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The Department expects stakeholders may favorably view consideration of rule provisions that allow industry more flexibility in meeting standards and more fairly allocate regulatory requirements. Businesses operating in multiple states may react favorably to adoption of Wisconsin swimming pool requirements that are consistent with national standards. Some licensees may face increased costs associated with rule revisions, depending on the proposals brought forward by the Department after consultation with stakeholder groups. If stakeholders recommend a requirement for a CPO to be on staff at pools above a to-be-determined minimum size, some businesses may incur the costs of initial CPO certification ($285 – $325) and recertification for each CPO after 5 years ($125 - $150). Employees holding the CPO credential may command a higher wage than non-credentialed employees. Licensing fees have not increased since 2007, and are not currently meeting program costs. However, the Department may consider revising licensing fees to reflect risk and activity, which should moderate or avoid any fee increase for less complicated or low-risk operations. Overall, comments from stakeholders indicate eagerness for an update of this rule.
Contact Person: Steve Ingham, Administrator, Division of Food and Recreational Safety; (608) 224-4701
