Chapter ATCP 76

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.

ATCP 76.05(4)(b)1. 1. The department or its agent may refuse to renew a new pool license as provided under sub. (5) (a).

ATCP 76.05(4)(b)2. 2. The department or its agent shall not renew an existing pool license as provided under sub. (5) (b).

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)2. 2. The department or its agent has not conducted the preinspection pursuant to sub. (1) (d).

ATCP 76.05(5)(b)3. 3. The department or its agent has not received pool documentation pursuant to s. ATCP 76.04.

ATCP 76.05(5)(b)4. 4. The operator has not paid all of the applicable fees pursuant to s. ATCP 76.06 Table B or C.

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) (d) Granting or denial of a license.

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) (6) Voided license for failure to pay fees.

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 History History: 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.

ATCP 76.06 ATCP 76.06 Department fees.

ATCP 76.06(1) (1) Fee schedule. Pursuant to s. 97.67 (5), Stats., no license may be issued until all applicable fees have been paid. Fees specified under s. ATCP 76.06 Table B or C, apply to pool licenses issued by the department or its agent under this chapter for each basin.

ATCP 76.06 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 76.06(2) (2) License category assignment.

ATCP 76.06(2)(a) (a) Criteria.

ATCP 76.06(2)(a)1. 1. The department or its agent shall assign a pool basin to a license category by evaluating the complexity of the pool basin based on the criteria pursuant to s. ATCP 76.06 Table A, in this section.

ATCP 76.06(2)(a)2. 2. The department or its agent shall assign a pool basin with a point value that is 0 to 2, to the simple license category.

ATCP 76.06(2)(a)3. 3. The department or its agent shall assign a pool basin with a point value that is greater than 2, but not more than 3, to the moderate license category.

ATCP 76.06(2)(a)4. 4. The department or its agent shall assign a pool basin with a point value that is 3.5 or greater, to the complex license category.

ATCP 76.06(2)(a)5. 5. If the department or its agent orders a pool closed because of a confirmed waterborne illness outbreak or chemical release incident, associated with the operation of the pool, the department or its agent shall immediately assign the pool to the complex category for the current and following licensing year. If no further outbreaks or closures occur, the department or its agent may reduce the license to the appropriate license category assignment.

ATCP 76.06(2)(b) (b) Point values for determining factors for assigning a pool license category.

ATCP 76.06(2)(c) (c) Fee schedule tables.

ATCP 76.06 Table C Fee Schedule — SFY 2025
For licenses issued on or after April 1, 2025

ATCP 76.06(3) (3) Types of fees.

ATCP 76.06(3)(a) (a) Preinspection fee. The operator shall pay the applicable preinspection fee pursuant to s. ATCP 76.06 Table B or C, to the department or its agent before a new license is issued pursuant to s. ATCP 76.05 (3).

ATCP 76.06(3)(b) (b) License fee. The operator shall pay the applicable license fee pursuant to s. ATCP 76.06 Table B or C, to the department or its agent for each pool for which the operator applies for a new or renewal license.

ATCP 76.06(3)(c) (c) Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the operator of the pool shall pay to the department or its agent the late fee pursuant to s. ATCP 76.06 Table B or C, and pursuant to s. 93.21 (5) (b), Stats., in addition to the renewal license fee.

ATCP 76.06(3)(d) (d) Reinspection or administrative follow-up fee. If the department or its agent conducts a reinspection or administrative follow-up of a pool pursuant to s. ATCP 76.07 (1) (b) 1. or 4., the operator shall pay to the department or its agent the applicable reinspection or administrative follow-up fee pursuant to s. ATCP 76.06 Table B or C. The department or its agent shall assess an additional fee pursuant to s. ATCP 76.06 Table B or C, for any second or subsequent reinspection or administrative follow-up conducted pursuant to s. ATCP 76.07 (1) (b) 4.

ATCP 76.06(3)(e) (e) Fees for operating without a license. If a pool is found to be operating without a license, the operator shall pay to the department or its agent a fee of $749.00, in addition to all applicable fees and any processing charges under sub. (4).

ATCP 76.06 Note Note: Anyone operating a pool without a license is also subject to a penalty pursuant to s. 97.72, Stats., and an injunction pursuant to s. 97.73, Stats.

ATCP 76.06(3)(f) (f) Duplicate license. The department or its agent may charge the operator of a pool $15.00 for the request of a duplicate license.

ATCP 76.06(3)(g) (g) Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department or its agent responsibilities for issuing licenses, the department or its agent shall charge the operator or the entity requesting the inspection or consultation $175.00.

ATCP 76.06 Note Note: Pursuant to s. 97.615 (2) (d), Stats., a local health department can establish and collect fees. For a fee issued by a local health department, contact the local health department for its fee schedule.

ATCP 76.06(4) (4) Penalties for insufficiency of payment. If the payment for a new or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 days after receipt of notice from the department or its agent of the insufficiency, pay all applicable fees under sub. (1), and the financial institution’s processing charges by cashier’s check, other certified draft, or money order.

ATCP 76.06 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.07 ATCP 76.07 Enforcement.

ATCP 76.07(1) (1) Inspections and access to the premises.

ATCP 76.07(1)(a) (a) Inspections. Pursuant to ss. 97.615 (2) and 97.65 (1), Stats., an authorized employee of the department or its agent, upon presenting proper identification, may enter any pool or equipment area, and any other associated area at any reasonable time, for any of the following purposes:

ATCP 76.07(1)(a)1. 1. To inspect the pool.

ATCP 76.07(1)(a)2. 2. To determine if there has been a violation of this chapter or s. 97.67, Stats.

ATCP 76.07(1)(a)3. 3. To determine compliance with previously written violation orders.

ATCP 76.07(1)(a)4. 4. To secure samples or specimens.

ATCP 76.07(1)(a)5. 5. To examine and copy relevant documents and records related to the operation of the pool.

ATCP 76.07(1)(a)6. 6. To obtain photographic or other evidence needed to enforce this chapter.

ATCP 76.07(1)(b) (b) Reinspections or administrative follow-up.

ATCP 76.07(1)(b)1. 1. The department or its agent may perform a reinspection or administrative follow-up of a pool whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the pool.