Chapter ATCP 76

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 ATCP 76 Note Note: Chapter H 72 as it existed on August 31, 1978 was repealed and a new chapter H 72 was created effective September 1, 1978.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 Chapter HSS 172 as it existed on November 30, 1989 was repealed and a new chapter HSS 172 was created effective December 1, 1989.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under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726; Chapter ATCP 76 as it existed on September 23, 2023, was repealed and a new chapter ATCP 76 was created effective September 24, 2023.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.

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.