Chapter ATCP 76

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.

ATCP 76.07(1)(b)2. 2. A reinspection or administrative follow-up shall be scheduled to allow the operator a reasonably sufficient amount of time to correct the deficiencies.

ATCP 76.07(1)(b)3. 3. The department or its agent shall assess a reinspection or administrative follow-up fee for the reinspection or administrative follow-up pursuant to s. ATCP 76.06 Table B or C.

ATCP 76.07(1)(b)4. 4. If an additional reinspection or administrative follow-up is required because a violation has not been corrected in the scheduled period of time, the department or its agent shall assess a second or subsequent reinspection or administrative follow-up fee pursuant to s. ATCP 76.06 Table B or C, as authorized pursuant to s. ATCP 76.06 (3) (d), and the department or its agent may order the operator to show just cause why the license should not be suspended or revoked pursuant to s. ATCP 76.08.

ATCP 76.07(2) (2) General orders to correct violations.

ATCP 76.07(2)(a) (a) Written orders. If upon inspection of a pool, the department or its agent finds that the pool is not designed, constructed, equipped, or operated pursuant to ch. SPS 390 and this chapter, the department or its agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction shall be made. The time period specified in the order may be extended at the discretion of the department or its agent as specified in par. (c).

ATCP 76.07(2)(b) (b) Failure to correct a violation.

ATCP 76.07(2)(b)1. 1. If a violation is not corrected by the expiration of the time period stated in the order given under par. (a), or any extension of time granted under par. (c), the department or its agent may issue an order pursuant to s. ATCP 76.08, to suspend or revoke the license to operate the pool. An order for suspension or revocation shall take effect pursuant to s. ATCP 76.08.

ATCP 76.07(2)(b)2. 2. Pursuant to s. 97.12 (5), Stats., any person who fails to comply with an order of the department or its agent shall forfeit $50 for each day of noncompliance after the order is served upon or directed to that person. A person may appeal a forfeiture pursuant to s. ATCP 76.09.

ATCP 76.07(2)(c) (c) Requests for an extension to correct a violation.

ATCP 76.07(2)(c)1. 1. The department or its agent may extend the time period to correct a violation based on a determination of the seriousness of the violation, the operator’s progress towards correcting the violation, and the operator’s previous history of compliance.

ATCP 76.07(2)(c)2. 2. To request an extension to correct a violation, the operator shall submit a written request to the department or its agent before the date specified in the written order to correct the violation. The operator shall provide information that demonstrates to the department or its agent that corrective action has been initiated, but additional time is needed to fully correct the violation.

ATCP 76.07(3) (3) Temporary orders.

ATCP 76.07(3)(a) (a) Conditions for a temporary order. Pursuant to s. 97.65 (2) (a), Stats., whenever, as a result of an inspection under sub. (1), the department or its agent has reasonable cause to believe that an immediate danger to health or safety exists, the department or its agent may issue a temporary order without advance notice or hearing to do any of the following:

ATCP 76.07(3)(a)1. 1. Prohibit the continued operation or method of operation of specific equipment.

ATCP 76.07(3)(a)2. 2. Require the premises or affected areas within the premises to cease operations and close until remedies are applied that eliminate the immediate danger to health or safety.

ATCP 76.07(3)(b) (b) Duration of a temporary order; actions prohibited.

ATCP 76.07(3)(b)1. 1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of its delivery, but a temporary order may be reissued for one additional 14 day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.

ATCP 76.07(3)(b)2. 2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or its agent until the order has terminated or the time period specified in subd. 1., has expired, whichever occurs first, unless as provided under par. (c), the department or its agent provides a notice that an immediate danger to health or safety is present. If, upon completed analysis or examination, the department or its agent determines that construction, sanitary condition, operation, or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or its agent shall immediately notify the owner, operator, or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.

ATCP 76.07(3)(c) (c) Notice of findings upon analysis or examination. If the analysis or examination under sub. (1) shows that the construction, sanitary condition, operation, or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or its agent, within the effective period of the temporary order specified in par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued pursuant to s. ATCP 76.09. The notice shall include a statement that the facility has a right to request a hearing pursuant to s. ATCP 76.09, within 15 days after issuance of the notice.

ATCP 76.07(3)(d) (d) Failure to comply with a temporary order. Any person who fails to comply with a temporary order issued by the department or its agent shall forfeit $50 for each day of noncompliance after the order is served upon or directed to them pursuant to s. 97.12 (5); and, pursuant to s. 97.65 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture or penalty pursuant to s. ATCP 76.09.

ATCP 76.07(4) (4) Action plans.

ATCP 76.07(4)(a) (a) When required by the department or its agent, the operator shall develop, on a form provided by the department or its agent, an action plan for compliance. The action plan shall include all of the following:

ATCP 76.07(4)(a)1. 1. A description of the violation and code citation.

ATCP 76.07(4)(a)2. 2. The steps the operator will take to correct the violation.

ATCP 76.07(4)(a)3. 3. The date compliance will be achieved.

ATCP 76.07(4)(b) (b) The pool is placed on a conditional license pursuant to s. ATCP 76.05 (5) (c).

ATCP 76.07(4)(c) (c) The department or its agent shall void the pool license pursuant to s. ATCP 76.05 (5) (c), if the operator continues to be out of compliance or fails to meet the objectives outlined in the action plan past the date provided in the action plan.

ATCP 76.07 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (3) (c) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 76.08 ATCP 76.08 Suspension or revocation of license. The department or its agent may, by summary order and without prior notice or hearing, suspend a license issued under this chapter if the department or its agent finds that there has been a substantial failure to comply with the applicable requirements of this chapter and that the continuation of the violations constitutes a serious danger to public health. The order shall be in writing, have the force and effect of an order issued pursuant to s. 93.18, Stats., and is subject to right of hearing before the department or its agent, if requested within 10 days after date of service.

ATCP 76.08 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction made under. s. 35.17, Stats., Register June 2023 No. 810.

ATCP 76.09 ATCP 76.09 Appeals of actions by the department. If requested in writing within 10 days after date of the service of an order, a hearing shall be conducted pursuant to ch. ATCP 1. Enforcement of the order shall not be stayed pending action on the hearing. A request for hearing does not automatically stay or modify a summary special order.

ATCP 76.09 Note Note: A request for hearing shall be submitted to the DATCP Secretary via email at [e-mail], faxed to [phone], mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may be conducted by the department secretary or designee.

ATCP 76.09 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.10 ATCP 76.10 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the operator shall appeal enforcement action to the agent health department.

ATCP 76.10 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

subch. II of ch. ATCP 76 Subchapter II — Standards for Pools

ATCP 76.105 ATCP 76.105 Qualifications of an authorized representative conducting inspections. An authorized representative of the department or its agent who inspects a pool or conducts a plan review for compliance pursuant to ch. ATCP 76 shall meet the staffing qualification requirements pursuant to s. ATCP 74.08.

ATCP 76.105 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.106 ATCP 76.106 Inspections.

ATCP 76.106(1) (1) Refused inspection; process. If a person denies access to the department or its agent to the licensed pool, the department or its agent shall inform the person of all the following:

ATCP 76.106(1)(a) (a) Department access. The license holder is required to allow access to the department or its agent pursuant to s. 97.65 (1), Stats.

ATCP 76.106(1)(b) (b) License condition. Access is a condition of the acceptance and retention of a pool license pursuant to s. ATCP 76.046 (1).

ATCP 76.106(1)(c) (c) Denied access. If the pool license holder denies access to an authorized representative of the department or its agent, the department or its agent may apply for an inspection warrant to allow access pursuant to s. 66.0119, Stats.

ATCP 76.106(2) (2) Reporting of refused access. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub. (1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.

ATCP 76.106(3) (3) Frequency of inspection. The department or its agent shall inspect a pool at least once during the licensing period or as approved by the department.

ATCP 76.106(4) (4) Inspection documentation. The department or its agent shall document all of the following on an inspection report form:

ATCP 76.106(4)(a) (a) Establishment information. Administrative information about the pool’s legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply and sewage disposal, status of the license, and personnel certificates that may be required at the pool.

ATCP 76.106(4)(b) (b) Inspection findings. The conditions or other violations from this chapter that require corrective action by the license holder. An accompanying narrative shall contain all of the following:

ATCP 76.106(4)(b)1. 1. A factual description of the violation observed, including location of the observed violation.

ATCP 76.106(4)(b)2. 2. Citation and a brief description of the statute, administrative rule, or local ordinance for the observed violation.

ATCP 76.106(4)(b)3. 3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule, statute, or local ordinance.

ATCP 76.106(4)(b)4. 4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria:

ATCP 76.106(4)(b)4.a. a. The nature of the potential hazard involved and the complexity of the corrective action needed. The department or its agent may agree to or specify additional time, not to exceed 72 hours after the inspection, for the license holder to correct violations of a priority item.