Chapter ATCP 76

ATCP 76.20(1) (1) Pools.

ATCP 76.20(1)(a) (a) General requirement. Each pool shall be under the supervision of at least one operator, except that if multiple pools are located on the same premise, and licensed by the same person, they may be supervised by one operator. Pf

ATCP 76.20(1)(b) (b) Operator responsibilities. Each operator shall be responsible for pool operation and maintenance including equipment shut-down, backwashing, daily maintenance and vacuuming, and maintenance of water quality pursuant to ch. ATCP 76. Pf

ATCP 76.20(2) (2) Pool operator certification.

ATCP 76.20(2)(a) (a) Pool operator certification required.

ATCP 76.20(2)(a)1. 1. Each water attraction or multiple water attractions on the same premise shall have at least one certified operator.Pf

ATCP 76.20(2)(a)2. 2. An owner of a pool who demonstrates a lack of active managerial control over the pool operation by having 2 or more reinspections in a 3-year period is required to have a certified operator. Pf

ATCP 76.20(2)(a)3. 3. Pool operator certification for a water attraction shall be obtained within 90 days of receiving a new license or a pool meeting the conditions under subd. 2. Pf

ATCP 76.20(2)(a)3.a. a. A pool that is required to have a certified operator under subd. 2, may contract with a certified operator.

ATCP 76.20(2)(a)3.b. b. The certified operator shall be able to respond within 3 hours.

ATCP 76.20(2)(a)4. 4. The owner of a pool shall replace a certified operator within 90 days after a certified operator’s departure. Pf

ATCP 76.20(2)(b) (b) Certified operator duties. A certified operator is responsible for all of the following:

ATCP 76.20(2)(b)1. 1. The certified operator will perform service related to water quality parameters pursuant to ss. ATCP 76.14, 76.16, and 76.19.

ATCP 76.20(2)(b)2. 2. The certified operator shall ensure that equipment is properly functioning pursuant to ss. ATCP 76.11, 76.13, 76.15, and 76.17.

ATCP 76.20(2)(c) (c) Documentation of certification. A current copy of the certified operator’s certification shall be maintained at the pool. Pf

ATCP 76.20 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.21 ATCP 76.21 Responsible supervisor.

ATCP 76.21(1) (1) Responsibilities.

ATCP 76.21(1)(a) (a) Supervision. Each pool shall be under the supervision of at least one responsible supervisor at all times when the pool is in use or is open to the public. P

ATCP 76.21(1)(b) (b) Availability. The responsible supervisor shall be on the premises or immediately available via a phone number posted by the emergency phone and shall respond to an unsafe or unsanitary condition within 15 minutes, at any time the pool is open for use.P

ATCP 76.21(1)(c) (c) Duties. The responsible supervisor shall ensure all of the following:

ATCP 76.21(1)(c)1. 1. Order is maintained. P

ATCP 76.21(1)(c)2. 2. Safety and rescue equipment is in place. P

ATCP 76.21(1)(c)3. 3. Pool use regulations are enforced. P

ATCP 76.21(1)(c)4. 4. Sanitation and water testing is performed. P

ATCP 76.21(1)(c)5. 5. Monthly interlock testing is performed.

ATCP 76.21(1)(c)6. 6. Monthly secondary anti-entrapment device testing is performed, if applicable. P

ATCP 76.21(1)(c)7. 7. Records are maintained. P

ATCP 76.21(1)(c)8. 8. Chemical safety training is provided to staff. P

ATCP 76.21(1)(c)9. 9. The rope separating the shallow and deep portions of the pool is in place during required times. P

ATCP 76.21(1)(c)10. 10. The pool is closed pursuant to s. ATCP 76.30. P

ATCP 76.21(1)(c)11. 11. A pool cover or blanket, if provided, does not pose a safety hazard to patrons. P

ATCP 76.21 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.22 ATCP 76.22 Lifeguards and attendants.

ATCP 76.22(1) (1) Lifeguard and attendant staffing plans. A pool that is not required to have an attendant or lifeguard is not required to have a lifeguard or attendant staffing plan.

ATCP 76.22(1)(a) (a) Staffing plan requirements. The owner or operator of a pool, including a whirlpool over 4 feet deep and a pool with a visual obstruction, shall have a written lifeguard and attendant staffing plan. Pf

ATCP 76.22(1)(b) (b) Plan criteria. The written lifeguard and attendant staffing plan shall include all of the following:

ATCP 76.22(1)(b)1. 1. The square footage of the pool. Pf

ATCP 76.22(1)(b)2. 2. The maximum and average patron load. Pf

ATCP 76.22(1)(b)3. 3. The hours of operation. Pf

ATCP 76.22(1)(b)4. 4. The location of each lifeguard station, lifeguard roaming or walking patrol ensuring that glare conditions are assessed from each location to determine if the bottom and objects in the pool are clearly visible. Pf

ATCP 76.22(1)(b)5. 5. The location of each first aid station. Pf

ATCP 76.22(1)(b)6. 6. The number of lifeguards or attendants on duty pursuant to s. ATCP 76.23. Pf

ATCP 76.22(1)(b)7. 7. Diagrams shall be provided with the following information for each use of the pool, for both average and maximum capacity:

ATCP 76.22(1)(b)7.a. a. The placement of attendants. Pf

ATCP 76.22(1)(b)7.b. b. The placement of lifeguards. Pf

ATCP 76.22(1)(b)7.c. c. The location of the lifeguard roaming area or walking patrol. Pf

ATCP 76.22(1)(b)7.d. d. Location of lifeguard chairs or stations. Pf

ATCP 76.22(1)(b)7.e. e. Location of each obstruction. Pf

ATCP 76.22(1)(b)8. 8. A method of communication when 2 or more attendants or lifeguards are required. Pf

ATCP 76.22(1)(b)9. 9. If applicable, the method that will be used for periodic supervision within a pool enclosure that contains a combination of lifeguarded and non-lifeguarded pools. Pf

ATCP 76.22(1)(c) (c) Availability. The owner or operator shall keep a copy of the written lifeguard and attendant staffing plan at the pool and make it available to the department or its agent upon request, for review and approval.

ATCP 76.22(2) (2) Qualifications. A lifeguard shall be required to have current certifications in all of the following:

ATCP 76.22(2)(a) (a) Certification requirements. A copy of each certification held by lifeguard staff shall be maintained at the pool and shall be made available for inspection by the department or its agent. P Certifications required include all of the following:

ATCP 76.22(2)(a)1. 1. Lifeguarding certification as defined under s. ATCP 76.03 (44). P

ATCP 76.22(2)(a)2. 2. First aid certification. P

ATCP 76.22(2)(a)3. 3. CPR with AED certification. P

ATCP 76.22(2)(b) (b) Attendants. Attendants may staff water attractions, waterslides, or pool slides to assist patrons, pursuant to s. ATCP 76.23. Attendants may not be used in place of lifeguards.

ATCP 76.22(3) (3) Lifeguard identification and assignment.

ATCP 76.22(3)(a) (a) Identification and equipment. At all times when on duty a lifeguard shall have all the following:

ATCP 76.22(3)(a)1. 1. Clothing or equipment that is conspicuously marked “Lifeguard” or “Guard”.

ATCP 76.22(3)(a)2. 2. A rescue tube with a harness as instructed in national certification courses. P

ATCP 76.22(3)(a)3. 3. A whistle. P

ATCP 76.22(3)(b) (b) Assigned duties. A lifeguard who is assigned to supervise a pool may not be assigned duties that may distract the lifeguard’s attention from observing a patron in the pool or that may hinder the lifeguard’s ability to provide immediate assistance to a patron.P

ATCP 76.22 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2023 No. 815.

ATCP 76.23 ATCP 76.23 Lifeguard and attendant placement and staffing requirements.

ATCP 76.23(1) (1) General.

ATCP 76.23(1)(a) (a) Staffing requirements.

ATCP 76.23(1)(a)1. 1. Each pool having a surface area of 2,000 square feet or more shall be staffed pursuant to ss. ATCP 76.23 Table A, and ATCP 76.23 Table B, when the pool is in use or is open to the public. If the requirements in s. ATCP 76.23 Table A or B, conflict, the pool shall comply with the strictest requirements of s. ATCP 76.23 Table A or B. P

ATCP 76.23(1)(a)2. 2. An operator may close a portion of a pool to patrons in order to meet the lifeguard staffing requirements for square footage pursuant to s. ATCP 76.23 Table A, except that at least one lifeguard shall be provided. P

ATCP 76.23(1)(a)3. 3. An operator may limit the number of patrons in order to meet s. ATCP 76.23 Table A, for lifeguard staffing. P

ATCP 76.23(1)(a)4. 4. When the patron load of a pool exceeds 336 patrons, one lifeguard shall be provided for each additional 100 patrons or fraction thereof. P

ATCP 76.23(1)(b) (b) Department evaluation required. For a pool type that is not addressed in s. ATCP 76.23 Table A or B, the operator shall request evaluation by the department and follow the requirements specified by the department following the evaluation. P

ATCP 76.23(1)(c) (c) Slide flumes. An additional lifeguard shall be provided for every 2 slide flumes installed at a pool other than a separate waterslide plunge pool. P

ATCP 76.23(1)(d) (d) Waterslide attendant. An attendant responsible for enforcing waterslide usage rules shall be stationed at the entrance to the waterslide flume. P

ATCP 76.23(2) (2) Signage. Each pool that is not required to have a lifeguard shall post a sign with letters at least 4 inches high stating: “Warning: No Lifeguard on Duty.” Pf

s. ATCP 76.23 Table A
Required Number of Lifeguards Based on Square Footage

ATCP 76.23 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.24 ATCP 76.24 Patron safety during pool maintenance.

ATCP 76.24(1) (1) Maintenance operations. The operator shall ensure that no patrons are in the pool during pool maintenance operations. P

ATCP 76.24(2) (2) Recirculation system interuption. Patrons shall be removed from the pool when the pool recirculation system is interrupted. Once the recirculation system is restored, patrons shall not reenter the pool until chemical levels are determined to be within acceptable ranges. P

ATCP 76.24 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

subch. V of ch. ATCP 76 Subchapter V — Operation and Management

ATCP 76.25 ATCP 76.25 Maximum patron load.

ATCP 76.25(1) (1) Water attractions. The maximum number of patrons permitted to be in an individual water attraction at any one time shall be calculated on the basis of allowing one patron for every 15 square feet of water surface area. The splash zone of any water attraction shall be included in the calculation of the water surface. Pf

ATCP 76.25(2) (2) Pools.

ATCP 76.25(2)(a) (a) Pools used for swimming. The maximum number of patrons permitted to be in the water of a pool used for swimming at any one time shall be computed on the basis of allowing one patron for every 15 square feet of the shallow portion of the pool and one patron for every 25 square feet of the deep portion of the pool. Pf

ATCP 76.25(2)(b) (b) Whirlpools. The maximum number of patrons permitted to be in the water of a whirlpool at any one time shall be computed on the basis of allowing one patron for every 10 square feet of whirlpool surface area. Pf

ATCP 76.25(2)(c) (c) Wading pools. The maximum number of patrons permitted to be in the water of a wading pool at any one time shall be computed on the basis of allowing one patron for every 15 square feet of wading pool surface area. Pf