Chapter ATCP 76

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.

ATCP 76.03(10) (10) “Barrier” means a fence, wall, or similar structure meeting the requirements pursuant to s. SPS 390.18 (4).

ATCP 76.03(11) (11) “Basin” means any vessel constructed of manmade materials designed to hold or receive water, including the splash zone of an interactive play attraction, or a run-out slide.

ATCP 76.03(12) (12) “Breakpoint chlorination” means to create a hygienic environment in the pool by raising the free available chlorine level to 10 times the combined chlorine level to achieve the destruction of chloramines.

ATCP 76.03(13) (13) “CPR” means cardiopulmonary resuscitation.

ATCP 76.03(14) (14) “Certified operator” means an operator who is certified by successful completion of at least one of the following training courses:

ATCP 76.03(14)(a) (a) The Pool and Hot Tub Alliance certified pool operator course.

ATCP 76.03(14)(b) (b) The National Recreation and Park Association aquatic facility operator course.

ATCP 76.03(14)(c) (c) An equivalent course approved by the department.

ATCP 76.03(15) (15) “Change of operator” means an existing license holder that sells or otherwise transfers ownership or operation of a pool to another person.

ATCP 76.03(16) (16) “Children’s slide” means a slide that has a maximum height of 4 feet or 1.2 meters as measured vertically from the slide entrance to slide terminus and is located in less than 24 inches or 61 centimeters of water.

ATCP 76.03(17) (17) “Cold soak pool” means a pool that uses cold water for therapy.

ATCP 76.03(18) (18) “Combined chlorine” means the combination of free chlorine with other substance in the water.

ATCP 76.03(19) (19) “Core item” means all of the following:

ATCP 76.03(19)(a) (a) A provision in this chapter that is not designated as a priority item or a priority foundation item.

ATCP 76.03(19)(b) (b) An item that usually relates to general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design, or general maintenance.

ATCP 76.03(20) (20) “Current pool” means a pool that creates a current for the purpose of exercise.

ATCP 76.03(21) (21) “Death, injury, or illness report” means the written record of all facts regarding an incident resulting in bodily harm that requires assistance from emergency medical personnel for a pool or its associated buildings and structures, including a locker room, equipment room, deck, shower, and toilet facilities.

ATCP 76.03(22) (22) “Deck” means the approved, unobstructed walking surface immediately adjacent to a pool.

ATCP 76.03(23) (23) “Deep portion” means a portion of a pool having a design water depth greater than 5 feet or 1.5 meters.

ATCP 76.03(24) (24) “Department” means the Wisconsin department of agriculture, trade and consumer protection.

ATCP 76.03(25) (25) “Drop slide” means a slide where the terminus is located 20 inches or 50.8 centimeters or more above the water level.

ATCP 76.03(26) (26) “Electrical interconnection” means, in connection with a pool, where the recirculation pump and the chemical feed unit are interconnected in such a way that when the recirculation pump power is interrupted or lost, the power to the chemical feed unit is also disabled.

ATCP 76.03(27) (27) “Enclosure” means the area within the barrier that separates the pool or water attraction area from other areas of the building or premises.

ATCP 76.03(28) (28) “Engineer” means a registered professional engineer licensed in Wisconsin.

ATCP 76.03(29) (29) “Entry access point” means the area in which a patron enters a water attraction.

ATCP 76.03(30) (30) “Equipment” means all the necessary items for the operation of a public pool.

ATCP 76.03(31) (31) “Erosion feeder” means a chemical feed device that contains powder, tablets, briquettes, or sticks and allows a water stream to pass through it that erodes and dissolves the chemical.

ATCP 76.03(32) (32) “Exercise pool” means a pool of 5 feet or 1.5 meters in depth or less that can operate with or without a current.

ATCP 76.03(33) (33) “Existing pool” means a pool operating with a license first issued by the department or its agent on or before June 30, 2023.

ATCP 76.03(34) (34) “Feature” means a pool with a depth greater than 16 feet, a pool with a surface area greater than 20,000 sq. ft., or a physical object permanently installed in a pool that is intended for recreational use including, a pool slide, waterslide, pad walk, basketball hoop, diving board, wave generator, treadmill, vortex pool, climbing wall, current pool, swim-up bar, vanishing edge pool, tethered or nontethered floatable, or a spray feature.

ATCP 76.03(35) (35) “Filter aid” means finely powdered diatomaceous earth or similar approved material used to coat a septum type filter.

ATCP 76.03(36) (36) “Flow sensing” means an automatic safety mechanism designed to disable chemical delivery equipment in the event of a significant decrease, or lack of, a return water flow required for the proper dispersal of a chemical related to water disinfection.”

ATCP 76.03(37) (37) “Flume” means that part of a slide within which sliding takes place.

ATCP 76.03(38) (38) “Free chlorine residual” means the portion of the total available chlorine that is not “combined chlorine” and is primarily present as hypochlorous acid or HOCl-, hypochlorite ion or OCl-, or Cyanurate-bound available chlorine.

ATCP 76.03(39) (39) “General public” means any person who patronizes a public pool.

ATCP 76.03(40) (40) “Imminent health hazard” means a condition that presents a substantial likelihood to cause severe adverse health consequences or death.

ATCP 76.03(41) (41) “Instructional Program” means an activity occurring in the water that is led by a person teaching a participant how to do an exercise, movement, skill, or similar activity, including a swimming class, an exercise class, or a water aerobics class.

ATCP 76.03(42) (42) “Interactive play attraction” means a water attraction, including manufactured devices using sprayed, jetted, or other water sources contacting patrons and not incorporating standing or captured water as part of the patron activity area.

ATCP 76.03 Note Note: Splash pads and spray pads are examples of interactive play attractions.

ATCP 76.03(43) (43) “Leisure river” means a channeled flow of water 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 patrons over a defined path.

ATCP 76.03(44) (44) “Lifeguard” means a person holding a current certificate from a course that meets the criteria for lifeguarding, first aid, CPR, and AED training and certification set forth in the 2018 Model Aquatic Health Code or as approved by the department.

ATCP 76.03 Note Note: A listing of approved courses may be obtained by contacting the department. Email [e-mail] or contact the Bureau of Food and Recreational Businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 76.03(45) (45) “Lifeguard and attendant staffing plan” means a written description about how lifeguards and attendants will be used at pools.

ATCP 76.03(46) (46) “Maximum flow” means the highest flow rate attainable by the pump without friction from the recirculation system.

ATCP 76.03(47) (47) “NSF” means National Sanitation Foundation.

ATCP 76.03(48) (48) “New pool” means a pool operating with a license first issued by the department or its agent on or after July 1, 2023.

ATCP 76.03(49) (49) “Nontethered floatable” means a flotation device added to a pool that is not tethered to the pool basin, allowing movement of the device around the water, including floating pads or other similar items. “Nontethered floatable” does not include a rubber tube in a leisure river or swim wings.

ATCP 76.03(50) (50) “Operator” means the owner of a pool or the person responsible to the owner for the operation of a pool, including the mechanical systems operations of the pool.

ATCP 76.03(51) (51) “Oxidizer” means a chemical that can take away electrons from a molecule or atom, thereby destroying organic matter.

ATCP 76.03(52) (52) “Owner” means the state, a political subdivision of the state, corporation, company, association, firm, partnership, or individual owning or controlling any pool.

ATCP 76.03(53) (53) “Pad walk” means a tethered floatable under rope and netting in an activity pool that allows a patron to cross the water using his or her hands.

ATCP 76.03(54) (54) “Pathogen” means a microbial organism capable of causing disease.

ATCP 76.03(55) (55) “Patron” means a human user of a pool.

ATCP 76.03(56) (56) “Patron load” means the number of patrons in a body of water of a pool.

ATCP 76.03(57) (57) “Peak flow” means the highest flow rate attainable by the pump within the pool’s recirculation system.

ATCP 76.03(58) (58) “Person” means an individual, partnership, association, firm, company, corporation, municipality, county, town or state agency, whether tenant, owner, lessee, or licensee, or the agent, heir, or assignee of any of these.

ATCP 76.03(59) (59) “Plunge pool” means a pool with a depth of greater than 24 inches or 61 centimeters, located at the exit end of a waterslide flume and intended and designed to receive a patron emerging from the flume.

ATCP 76.03(60) (60) “Pool and water attraction area” means, in an indoor or outdoor facility, the pool or water attraction and the area within a continuous enclosure.

ATCP 76.03(61) (61) “Pool or water attraction” means a public pool or water attraction if it serves or is installed for use by the state, a political subdivision of the state, a motel, a hotel, a resort, a camp, a campground, a club, an association, a housing development, an apartment complex with 3 or more dwelling units, a condominium complex, or a housing complex having a homeowners’ association, a school, a religious, charitable or youth organization, or an educational or rehabilitative facility.

ATCP 76.03(62) (62) “Pool slide” means any slide where the drop from the slide terminus to water is less than 20 inches or 50.8 centimeters into greater than 24 inches of water and the flume carries less than 100 gallons of water per minute.

ATCP 76.03(63) (63) “Priority foundation item” means all of the following:

ATCP 76.03(63)(a) (a) A provision in this chapter whose application supports, facilitates, or enables one or more priority items.

ATCP 76.03(63)(b) (b) An item that requires the purposeful incorporation of specific actions, equipment, or procedures by the operator such as personnel training, infrastructure, documentation, or record keeping.

ATCP 76.03(63)(c) (c) An item that is denoted in this chapter with a superscript Pf-Pf.

ATCP 76.03(64) (64) “Priority item” means all of the following:

ATCP 76.03(64)(a) (a) A provision in this chapter directly related to health and safety that if not met or is missing could significantly contribute to an increased risk for injury or illness.

ATCP 76.03(64)(b) (b) An item that is denoted in this chapter with a superscript P-P.

ATCP 76.03(65) (65) 

ATCP 76.03(65)(a) (a) “Public pool” means a structure, basin, chamber, or tank, and appurtenant buildings and equipment, used for wading, swimming, diving, water recreation, or therapy, including an exercise pool, mobile pool, whirlpool, cold soak pool, or water attraction.

ATCP 76.03(65)(b) (b) “Public pool” does not include an inflated mobile structure, basin, chamber, or tank; a swim pond; an individual therapeutic pod, tub, or bath; a fixed or mobile structure, basin, chamber, or tank that serves fewer than 3 individual residences; or a fixed or mobile structure, basin, chamber, or tank that is used solely for animal training, therapy, or exercise and the only individuals in the pool are the animal trainer or handler, animal health or wellness professional or the animal’s individual owner.

ATCP 76.03(66) (66) “Responsible supervisor” means a person designated by the operator to maintain compliance with regulations governing safety and sanitation of a pool.

ATCP 76.03(67) (67) “Reverse flow pool” means a pool type that has a recirculation system, where surface water is drawn from the pool basin through the gutter system, skimmer, or similar device and is filtered, disinfected and returned to the basin through the main drain or floor water inlets.

ATCP 76.03(68) (68) “Run-out slide” means a waterslide where the rider does not exit into a plunge pool, but has a deceleration area that permits the patron to stop before exiting the slide flume.

ATCP 76.03(69) (69) “Safety data sheet” means written information that details the hazards associated with a chemical and gives information related to its safe use.