ATCP 76.19(4)(a)1.1. An accurate thermometer shall be located in the pool water return line. Pf ATCP 76.19(4)(a)2.2. The thermometer shall be accessible for observation by the operator. Pf ATCP 76.19(4)(b)1.1. Except as provided in par. (d), the water temperature of an indoor pool shall be between 70°F or 21°C and 90°F or 32°C. P ATCP 76.19(4)(b)2.2. The minimum water temperature for an outdoor pool shall be 65°F or 18°C. P ATCP 76.19(4)(c)(c) Whirlpool water temperature. The water temperature in a whirlpool shall be greater than 90°F or 32°C, and may not exceed 104°F or 40°C. P ATCP 76.19(4)(d)1.1. Cold soak pools may be operated at a lower temperature than specified under par. (b). ATCP 76.19 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23. 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)(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)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)(c)(c) Documentation of certification. A current copy of the certified operator’s certification shall be maintained at the pool. Pf ATCP 76.20 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23. 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)6.6. Monthly secondary anti-entrapment device testing is performed, if applicable. 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)11.11. A pool cover or blanket, if provided, does not pose a safety hazard to patrons. P ATCP 76.21 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23. 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)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)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)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)(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)(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)(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 HistoryHistory: 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 76.23ATCP 76.23 Lifeguard and attendant placement and 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)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
/exec_review/admin_code/atcp/055/76
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administrativecode
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Department of Agriculture, Trade and Consumer Protection (ATCP)
Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
administrativecode/ATCP 76.21(1)
administrativecode/ATCP 76.21(1)
section
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