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1. Clothing or equipment that is conspicuously marked “Lifeguard” or “Guard”.
2. A rescue tube with a harness as instructed in national certification courses. P
3. A whistle. P
(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
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 76.23Lifeguard and attendant placement and staffing requirements.
(1)General.
(a) Staffing requirements.
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
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
3. An operator may limit the number of patrons in order to meet s. ATCP 76.23 Table A, for lifeguard staffing. P
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
(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
(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
(d) Waterslide attendant. An attendant responsible for enforcing waterslide usage rules shall be stationed at the entrance to the waterslide flume. P
(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
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.24Patron safety during pool maintenance.
(1)Maintenance operations. The operator shall ensure that no patrons are in the pool during pool maintenance operations. P
(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
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
Subchapter V — Operation and Management
ATCP 76.25Maximum patron load.
(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
(2)Pools.
(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
(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
(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
(d) Therapy and exercise pools. The maximum number of patrons permitted to be in the water of a therapy or exercise pool at any one time shall be computed on the basis of allowing one patron 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
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.26Rescue equipment. Rescue equipment shall meet all of the following:
(1)Required equipment.
(a) Good repair and accessible.
1. All rescue equipment shall be maintained in good repair. P
2. Rescue equipment shall be mounted or positioned in a conspicuous place and shall be readily accessible. Pf
(b) Shepherd’s crook, ring buoy, and rescue tube.
a. For each basin of water over 10 feet in length and over 2 feet deep, an intact shepherd’s crook-type pole shall be provided. P
b. For non-guarded pools, the shepherd’s crook shall be long enough to effect a rescue in the deepest part of the pool. P
c. If the shepherd’s crook is not one continuous pole, the pieces shall be securely connected with durable nuts and bolts or similar hardware. P
2. For each lifeguard chair, or for a pool 30 feet or more in width that does not have lifeguard chairs, at least one of the following shall be provided:
a. A ring buoy having a minimum outside diameter of 20 inches. Each ring buoy shall be attached to a 1/4 inch rope having a length not less than 1-1/2 times the maximum width of the pool or 50 feet, whichever is less. P
b. A rescue tube. P
(c) Safety rope.
1. If applicable, a safety rope shall be provided pursuant to s. SPS 390.18 (1). Pf
2. The safety rope shall remain in place except during a lifeguarded activity or adult-only lap swim. Pf
3. The safety rope and floats shall be maintained in good repair and working order. Pf
(d) Spine board. A spine board with straps and head immobilizer in good condition shall be available at a pool where a lifeguard is required pursuant to s. ATCP 76.23. P
(2)Telephone.
(a) Connection to emergency services. A telephone capable of connecting with 911 or emergency dispatch services is accessible at all times during pool operation. P
(b) Other technologies. Telecommunication technology, other than a landline telephone, may be used if, in the pool area, the telecommunication device is equipped with all of the following:
1. A permanent continuous power supply with battery backup.
2. A reliable service connection. P
(c) Location. The location of the telephone shall be within 25 feet of the pool area. P
(d) Emergency numbers and address. A current list of emergency telephone numbers and the facility’s location shall be attached to or posted near the telephone. Pf
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.27First aid supplies.
(1)Availability.
(a) Pool area. A first aid kit shall be available at each pool area. P
(b) Contents. The first aid kit shall contain all of the following items: Pf
1. Gauze pads.
2. Adhesive bandages.
3. Gauze roller bandage.
4. Adhesive tape.
5. Eye wash.
6. Elastic bandage.
7. Disposable surgical gloves.
8. Resuscitation pocket face mask.
9. Instant cold packs.
(2)Biohazard kit.
(a) Location. Biohazard safety equipment, including a blood and biohazard disposal kit, shall be located at the first aid station or another location on the premises.Pf
(b) Contents. A biohazard kit shall contain all the following:Pf
1. Scoop and spatula.
2. Sanitizing hand wipes.
3. Sanitizing surface wipes.
4. Neoprene gloves.
5. Paper toweling.
6. Biohazard disposal bag at least 24” x 24”.
7. Twist tie or other effective means to close the bag.
8. Biohazard sorbent.
9. Storage case.
(3)Emergency blankets. Two conventional or emergency blankets in good condition shall be available in the pool area or as approved by the department or its agent. Pf
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.28Food and drink.
(1)Location. Food or drink service facilities may not be located within 12 feet of the water’s edge of a pool, except for swim-up bars. Pf
(2)Utensils. Only shatter-proof utensils for food and drink shall be used in the pool area, except for approved swim-up bars.Pf
History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.29Posting pool rules.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.