Chapter ATCP 76

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.

ATCP 76.03(70) (70) “Shallow portion” means the part of the pool that is 5 feet or 1.5 meters in depth or less.

ATCP 76.03(71) (71) “Slide terminus” means the last 10 feet or 3.1 meters of a slide flume discharging into a pool.

ATCP 76.03(72) (72) “Spectator area” means a designated area for people to observe or watch an activity in a pool.

ATCP 76.03(73) (73) “Splash zone” means the area where water falls on the floor of an interactive play attraction.

ATCP 76.03(74) (74) “Superchlorination” means the addition of an oxidizing product such as chlorine to pool water to raise the level of oxidizer to at least 10 ppm. “Superchlorination” is sometimes referred to as superoxidation.

ATCP 76.03(75) (75) “Swim-up bar” means an area of a pool that includes barstool type seating, a countertop, and often a serving area where patrons can order a beverage without leaving the pool.

ATCP 76.03(76) (76) “Swim wings” means hollow, ring-shaped pieces of plastic, filled with air, that a patron wears on their arms while in the water to help them to float.

ATCP 76.03(77) (77) “Tethered floatable” means a play item or flotation device that is affixed to the basin of a pool to restrict movement of the item.

ATCP 76.03(78) (78) “Unauthorized access” means the entrance of a person into a restricted area without permission of the operator or the operator’s designated representative.

ATCP 76.03(79) (79) “Therapy pool” means a pool used for professionally administered physical therapy.

ATCP 76.03(80) (80) “Turnover time” means the time for a given volume of water to pass through the recirculation system.

ATCP 76.03(81) (81) “Vanishing edge pool” means a pool where the water flows over one or more edges, producing a visual effect of water with no boundary.

ATCP 76.03(82) (82) “Vortex pool” means a water attraction that is equipped with a method of transporting water in the basin for the purpose of propelling patrons at speeds dictated by the velocity of the moving stream.

ATCP 76.03(83) (83) “Wading pool” means a pool having a shallow portion that is a maximum depth of 24 inches or 61 centimeters and intended for children’s play.

ATCP 76.03(84) (84) “Water attraction” means a pool with design and operational features that provide a patron recreational activity other than conventional swimming that involves partial or total immersion of the body, including an activity pool, interactive play attraction, leisure river, plunge pool, vortex pool, vanishing edge pool, waterslide, run-out slide, drop slide, pool slide, wave pool, zero-depth entry pool, and any public pool with features except wading pools.

ATCP 76.03(85) (85) “Waterslide” means a slide where a water flow of 100 gallons of water per minute or more is intended to carry a rider down a flume.

ATCP 76.03(86) (86) “Wave pool” means a water attraction designed to simulate breaking or cyclical waves for the purposes of surfing or general play.

ATCP 76.03(87) (87) “Whirlpool” means a small pool, sometimes called a “spa,” which uses higher temperature water than other pools and may include a water agitation system.

ATCP 76.03(88) (88) “Zero-depth entry pool” means a water attraction having a sloped entrance to where the water depth is 0 inches at the shallowest point.

ATCP 76.03 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (2), (49), (65), (77) made under s. 35.17, Stats., and correction in (19), (63) (a), (c), (64) made under s. 13.92 (4) (b) 7., Stats., Register June 2023.

ATCP 76.04 ATCP 76.04 Plans and specifications for pools.

ATCP 76.04(1) (1) Approval required. An operator shall submit pool plans for new construction and obtain approval from the Wisconsin department of safety and professional services pursuant to ch. SPS 390. After July 1, 2023, the following documents shall be kept onsite and made available to the department or its agent upon request:

ATCP 76.04(1)(a) (a) Approved pool plans.

ATCP 76.04(1)(b) (b) Engineering statements and reports, when applicable.

ATCP 76.04(1)(c) (c) Compliance declaration, if applicable.

ATCP 76.04(1)(d) (d) Conditional Wisconsin department of safety and professional services approvals, if applicable.

ATCP 76.04(1)(e) (e) Final Wisconsin department of safety and professional services inspection approval.

ATCP 76.04(1)(f) (f) Wisconsin department of safety and professional services or department variances, if applicable.

ATCP 76.04(2) (2) Modifications. An operator shall submit pool modification plans to the Wisconsin department of safety and professional services pursuant to ch. SPS 390. Documentation shall be made available to the department or its agent upon request as required under sub. (1).

ATCP 76.04(3) (3) Change of operator. For a pool constructed prior to July 1, 2023, pool construction plans are not required when a change of operator occurs and a new license is required pursuant to s. ATCP 76.05 (1).

ATCP 76.04 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (1) (intro.) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 76.045 ATCP 76.045 License holder qualifications. To qualify for a license, an applicant shall do all of the following:

ATCP 76.045(1) (1) Owner. Be an owner of the pool or an officer of the legal entity owning the pool.

ATCP 76.045(2) (2) Payment of fees. Pay the applicable license fees at the time the application is submitted.

ATCP 76.045 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.046 ATCP 76.046 License holder responsibilities. Upon acceptance of the license issued by the department or its agent, the license holder shall do all of the following in order to retain the license:

ATCP 76.046(1) (1) Allow an authorized representative of the department or its agent access to the pool and provide any required information to that authorized representative.

ATCP 76.046(2) (2) Comply with the provisions of this chapter.

ATCP 76.046(3) (3) Follow reporting requirements to the department or its agent, as applicable, as outlined in this chapter.

ATCP 76.046(4) (4) Immediately discontinue operations directly related to an imminent health hazard and notify the department or its agent.

ATCP 76.046(5) (5) Replace existing facilities and equipment that no longer comply with the criteria set forth in this chapter.

ATCP 76.046(6) (6) Comply with directives of the department or its agent, including deadlines for taking corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department or its agent for the license holder’s pool or in response to community emergencies.

ATCP 76.046(7) (7) Accept notices issued and served by the department or its agent according to law.

ATCP 76.046(8) (8) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter, and any other directive of the department or its agent, including deadlines for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.

ATCP 76.046 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.05 ATCP 76.05 License to operate a pool.

ATCP 76.05(1) (1) License required. A license is required for a public pool 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 76.05(1)(a) (a) Conditions requiring a license. No person may operate a pool without a license from the department or its agent, except as provided under par. (c) 2. A separate license is required for each pool basin.

ATCP 76.05(1)(b) (b) Pool modification. A pool for which a license has been issued and is later modified into a different pool type shall require a new license and the operator shall pay all applicable fees.

ATCP 76.05(1)(c) (c) Transfer of ownership.

ATCP 76.05(1)(c)1. 1. If a license holder sells or otherwise transfers ownership or operation of a pool to another person, a new license is required pursuant to s. 97.67 (2) (a), Stats., and the pool may not be opened to the public until the department or its agent issues a new license.

ATCP 76.05(1)(c)2. 2. Pursuant to s. 97.67 (2) (b) and (c), Stats., an individual may transfer a license to an immediate family member if the individual is transferring operation of the pool. A sole proprietorship that reorganizes as a business entity, as defined in s. 180.1100 (1g), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity, may transfer a license to the newly formed business entity or sole proprietorship if the pool remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity.

ATCP 76.05(1)(c)3. 3. Except as provided in this paragraph, no license issued under this chapter is transferable from one premise to another or from one person or entity to another.

ATCP 76.05(1)(c)4. 4. An operator who wishes to transfer a license under par. (c) shall notify the department or its agent prior to the transfer of the operation of the pool.

ATCP 76.05 Note Note: To notify the department of a transfer of ownership, call [phone] or send an email to [e-mail].

ATCP 76.05(1)(d) (d) Preinspection required. Before the department or its agent may issue a license to operate a pool under sub. (1), the department or its agent shall conduct a preinspection. A preinspection is not required for a transfer of a license under par. (c) 2.

ATCP 76.05(2) (2) License duration and renewal.

ATCP 76.05(2)(a) (a) Expiration. Each license issued under this chapter expires on June 30, except that a new pool license issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.

ATCP 76.05(2)(b) (b) Annual renewal. Each existing pool license shall be renewed annually as provided in sub. (4).

ATCP 76.05(3) (3) New license.

ATCP 76.05(3)(a) (a) Application. To apply for a new pool license, the applicant shall apply on an application form provided by the department or its agent. The completed application shall be accompanied by all of the following:

ATCP 76.05(3)(a)1. 1. The applicable fees pursuant to s. ATCP 76.06 Table B or C, and any fees previously due to the department or its agent.

ATCP 76.05(3)(a)2. 2. Proof that the Wisconsin department of safety and professional services, pursuant to s. SPS 390.04 (1), has approved plans and specifications for the pool, including modifications.

ATCP 76.05(3)(a)3. 3. The completed final inspection report and approval from the Wisconsin department of safety and professional services authorized inspector.

ATCP 76.05(3)(a)4. 4. A statement from a supervising construction contractor, architect, or engineer who worked on the pool indicating that it was completed in accordance with the pool’s construction plan pursuant to s. SPS 390.05 (1) (c).

ATCP 76.05(3)(a)5. 5. Information, as determined by the department or its agent, indicating that the pool will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the pool that will protect the health, safety, and welfare of the public.

ATCP 76.05 Note Note: To obtain a copy of the pool operator license application form, or to determine which agent to contact for an application form, call [phone] or send an email to [e-mail].

ATCP 76.05(3)(b) (b) Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection pursuant to sub. (1) (d), before operating a new pool open to the general public.

ATCP 76.05 Note Note: To obtain a copy of the pool license application form, or to arrange for a preinspection, call [phone] or send an email to [e-mail].

ATCP 76.05(4) (4) License renewal.

ATCP 76.05(4)(a) (a) Renewal fee. To renew an existing pool license, the operator shall pay the department or its agent the applicable license fee pursuant to s. ATCP 76.06 Table B or C, before the license expires. If payment to renew a license fee is not received by the department or its agent before the expiration date of the license, the late fee pursuant to s. ATCP 76.06 Table B or C, shall be paid in addition to the license fee. An application for a renewal license is not required.

ATCP 76.05 Note Note: Pursuant to s. 97.615 (2) (d), Stats., a local health department can establish and collect fees for a license. For a license issued by a local health department, contact the local health department for its license fee schedule.

ATCP 76.05(4)(b) (b) Department action on a license renewal.