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 HistoryHistory: 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 76.04ATCP 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)(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 HistoryHistory: 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 76.045ATCP 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 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23. ATCP 76.046ATCP 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(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 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23. 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)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 NoteNote: To notify the department of a transfer of ownership, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov. 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)(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)(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 NoteNote: To obtain a copy of the pool operator license application form, or to determine which agent to contact for an application form, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov. 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 NoteNote: To obtain a copy of the pool license application form, or to arrange for a preinspection, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov. 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 NoteNote: 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(5)(5) Department or agent action on license application. ATCP 76.05(5)(a)(a) Department decision on a license. The department or its agent may not issue a new pool license or renew an existing pool license unless all of the following conditions are met: ATCP 76.05(5)(a)1.1. The operator has corrected a condition for which the department or its agent has issued a written health or safety related order. ATCP 76.05(5)(a)2.2. The operator, applicant, or license holder has provided the department or its agent with the information required under sub. (3) (a) 2. to 5. ATCP 76.05(5)(a)3.3. The department or its agent has determined that the operator, applicant, or license holder is not in violation of ch. 97, Stats., or has only a minor violation as defined in s. 227.04 (1) (a), Stats. ATCP 76.05(5)(b)(b) License prohibited. The department or its agent shall refuse to issue a new pool license or renew an existing pool license under any of the following circumstances: ATCP 76.05(5)(b)1.1. A fully and accurately completed, signed, and dated application has not been received by the department or its agent. ATCP 76.05(5)(b)5.5. The operator has modified, repaired, or maintained the pool in a manner that is not in accordance with what the department or its agent recognizes as safe practice as outlined in this chapter. ATCP 76.05(5)(c)(c) Conditional license. Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned upon the requirement that the license holder correct a violation of this chapter, s. 97.67, Stats., or ordinances adopted pursuant to s. 97.615 (2) (g), Stats., within a specified period of time. If the condition is not satisfied within the specified time or after an extension of time approved by the department or its agent, the license is void. No person may operate a pool after a license has been voided. Any person who does so shall be subject to a penalty pursuant to s. 97.72, Stats., an injunction pursuant to s. 97.73, Stats., and fees pursuant to s. ATCP 76.06 (3) (e). An operator whose license is voided under this paragraph may appeal the decision pursuant to s. ATCP 76.09. ATCP 76.05(5)(d)1.1. The department or its agent shall issue or deny a new pool license or shall renew an existing pool license within 30 days after the applicant meets all of the requirements pursuant to sub. (3) or (4), as applicable. ATCP 76.05(5)(d)2.2. If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights pursuant to s. ATCP 76.09. ATCP 76.05(6)(a)(a) Payment time frame. If an applicant or operator fails to pay all applicable fees, late fees, and processing charges pursuant to s. ATCP 76.06, within 45 days after the expiration of the license, the license is void. ATCP 76.05(6)(b)(b) Notice of insufficiency. If the department or its agent receives a notice of an insufficiency pursuant to s. ATCP 76.06 (4), the applicant or operator shall have 15 days after receipt of notice from the department or its agent of the insufficiency to pay all applicable fees and processing charges or the license is void. ATCP 76.05(6)(c)(c) Appeal rights. An operator whose license is voided under this subsection may appeal the decision as pursuant to s. ATCP 76.09. The burden is on the license applicant or operator to show that all applicable fees, late fees, and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the pool is deemed to be operation without a license and is subject to the fees pursuant to s. ATCP 76.06 (3) (e), in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection. ATCP 76.05(7)(7) License posting. A license shall be posted in a place visible to the public. A license may not be altered or defaced. ATCP 76.05 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (1) (c) 2. made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (a), (c) 4., (3) (b), (5) (b) 2. made under s. 35.17, Stats., Register June 2023 No. 810.
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Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
administrativecode/ATCP 76.046(1)
administrativecode/ATCP 76.046(1)
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