Chapter ATCP 76

Register May 2010 No. 653

Chapter ATCP 76

SAFETY, MAINTENANCE, AND OPERATION OF
PUBLIC POOLS AND WATER ATTRACTIONS

Subchapter I — Administration

ATCP 76.01   Authority and purpose.

ATCP 76.02   Scope.

ATCP 76.03   Definitions.

ATCP 76.04   Plans and specifications for pools.

ATCP 76.045   License holder qualifications.

ATCP 76.046   License holder responsibilities.

ATCP 76.05   License to operate a pool.

ATCP 76.06   Department fees.

ATCP 76.07   Enforcement.

ATCP 76.08   Suspension or revocation of license.

ATCP 76.09   Appeals of actions by the department.

ATCP 76.10   Appeals of actions by agent health departments.

Subchapter II — Standards for Pools

ATCP 76.105   Qualifications of an authorized representative conducting inspections.

ATCP 76.106   Inspections.

Subchapter III — Water Treatment Systems and Water Quality

ATCP 76.11   Recirculation system.

ATCP 76.12   Labeling, storing, mixing, and handling chemicals, including gaseous chlorine.

ATCP 76.13   Chemical feeders and filter aid equipment.

ATCP 76.14   Disinfectant or sanitizer feeding and residuals.

ATCP 76.15   Alternative or supplemental disinfection systems.

ATCP 76.16   Water quality.

ATCP 76.17   Water test kits.

ATCP 76.18   Water testing frequency.

ATCP 76.19   Water supply and temperature.

Subchapter IV — Staffing Pools

ATCP 76.20   Operator.

ATCP 76.21   Responsible supervisor.

ATCP 76.22   Lifeguards and attendants.

ATCP 76.23   Lifeguard and attendant placement and staffing requirements.

ATCP 76.24   Patron safety during pool maintenance.

Subchapter V — Operation and Management

ATCP 76.25   Maximum patron load.

ATCP 76.26   Rescue equipment.

ATCP 76.27   First aid supplies.

ATCP 76.28   Food and drink.

ATCP 76.29   Posting pool rules.

ATCP 76.30   Pool closing criteria.

ATCP 76.31   Fecal accident, vomit, and blood response.

ATCP 76.315   Waterborne outbreak investigations.

ATCP 76.32   Reports and records.

ATCP 76.33   Facility maintenance, repair, and sanitation.

ATCP 76.335   Dog swims.

Subchapter VI — Pool Construction and Design

ATCP 76.34   Pool design.

ATCP 76.35   Waterslide and pool slide design.

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

ATCP 76.37   Maintenance, repair, and modifications of water attractions.

ATCP 76.38   Virginia Graeme Baker Act.

Ch. ATCP 76 Note Note: Chapter H 72 as it existed on August 31, 1978 was repealed and a new chapter H 72 was created effective September 1, 1978. Chapter H 72 was renumbered Chapter HSS 172, effective May 1, 1982. Chapter HSS 172 as it existed on November 30, 1989 was repealed and a new chapter HSS 172 was created effective December 1, 1989. HSS 172 was renumbered Chapter HFS 172 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 493; correction made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1998, No. 512; CR 06-086: r. and recr. ch. HFS 172, Register August 2007 No. 620, eff. 2-1-08. Chapter HFS 172 was renumbered chapter DHS 172 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; Chapter DHS 172 was renumbered chapter ATCP 76 made under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726; Chapter ATCP 76 as it existed on September 23, 2023, was repealed and a new chapter ATCP 76 was created effective September 24, 2023.

subch. I of ch. ATCP 76 Subchapter I — Administration

ATCP 76.01 ATCP 76.01 Authority and purpose. This chapter is promulgated pursuant to ss. 97.67 (1), (4) and 227.11 (2) (a), Stats., to prescribe rules for the maintenance and operation of public pools and water attractions for enforcement by the department or its agent to protect public health and safety.

ATCP 76.01 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.02 ATCP 76.02 Scope.

ATCP 76.02(1) (1) Applicability. This chapter applies to all public pools and water attractions. Unless the context clearly indicates otherwise, references to “pool” in these rules means a public pool or water attraction.

ATCP 76.02(2) (2) Variances. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular pool, the department may approve a variance from that provision requested by that pool operator if the operator provides the department with satisfactory proof that the approval of the variance will not jeopardize the public’s health, safety, or welfare.

ATCP 76.02(2)(a) (a) Procedure for variance request.

ATCP 76.02(2)(a)1. 1. Request for modification or waiver of a requirement of this chapter shall be submitted in writing to the department or its agent, along with documentation specified in subd. 4.

ATCP 76.02(2)(a)2. 2. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval.

ATCP 76.02(2)(a)3. 3. On receipt of a complete variance request as specified in this section, the department shall review the request and grant or deny the request in writing within 30 working days. A variance approved by the department shall be made conditional for a defined period of time or shall expire 5 years from the date of issuance. The department or its agent shall maintain a copy of the variance in the license holder’s inspection history file.

ATCP 76.02(2)(a)4. 4. Documentation justifying a proposed variance from the requirements of this chapter shall include all the following information:

ATCP 76.02(2)(a)4.a. a. A statement of the proposed variance from this chapter requirement citing relevant chapter location numbers.

ATCP 76.02(2)(a)4.b. b. The rationale for how the potential public health hazards and nuisances addressed by the relevant chapter section will be alternatively addressed by the proposed variance.

ATCP 76.02(2)(b) (b) Conformance with an approved variance. If the department grants a variance as specified in sub. (2), the license holder shall do all of the following:

ATCP 76.02(2)(b)1. 1. Comply with the department’s conditions for the variance approval. P

ATCP 76.02(2)(b)2. 2. Maintain a copy of the approved variance at the pool.

ATCP 76.02(2)(c) (c) Transferability. An approved variance is not transferable to any other pool, entity, or licensee.

ATCP 76.02(2)(d) (d) Reissuance. A license holder who wishes to continue a variance after its expiration shall do all of the following:

ATCP 76.02(2)(d)1. 1. File a request with the department for reissuance of the variance at least 30 days prior to its expiration, unless permission for a later date has been granted by the department.

ATCP 76.02(2)(d)2. 2. When a license holder has made timely and sufficient application for the reissuance of a variance in reference to any activity of a continuing nature, the existing waiver does not expire until the application has been finally acted upon by the department.

ATCP 76.02 Note Note: To obtain a form for requesting a variance, email [e-mail] or contact the bureau of food and recreational businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 76.02 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (1) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 76.03 ATCP 76.03 Definitions. In this chapter:

ATCP 76.03(1) (1) “AED” means automated external defibrillator.

ATCP 76.03(2) (2) “Active managerial control” means that the risks at the pool are being managed so that the pool is in compliance pursuant to this chapter, or conditions are monitored so that corrections necessary for compliance are in progress.

ATCP 76.03(3) (3) “Activity pool” means a water attraction with a depth greater than 24 inches or 61 centimeters designed primarily for play activity that uses constructed features and devices, including pad walks, flotation devices, and similar attractions.

ATCP 76.03(4) (4) “Administrative follow-up” means validation of a corrective action by the operator of a violation through electronic or other effective means by the department or its agent.

ATCP 76.03(5) (5) “Adult” means a person 18 years of age or older.

ATCP 76.03(6) (6) “Agent” means the city, county, or village designated by the department pursuant to s. 97.615 (2), Stats., and ch. ATCP 74, to issue licenses to and make investigations or inspections of public pools and water attractions.

ATCP 76.03(7) (7) “Analyte” means a substance that a test is used to detect.

ATCP 76.03(8) (8) “Approved” means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.

ATCP 76.03(9) (9) “Attendant” means a person trained to control patrons in a safe and orderly manner.