Chapter ATCP 76

ATCP 76.31(2)(e) (e) Patron count. The number of patrons in the pool. Pf

ATCP 76.31(2)(f) (f) Duration. Length of time between the occurrence, detection, and resolution of the incident. Pf

ATCP 76.31 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.315 ATCP 76.315 Waterborne outbreak investigations.

ATCP 76.315(1) (1) Health Department Notification. The operator shall contact the department or its agent for operational and testing guidance when notified of a suspected waterborne illness. P

ATCP 76.315(2) (2) Suspected waterborne illness outbreak. In the event of a suspected waterborne illness outbreak, the operator shall close the pool to use and contact the department or its agent for instructions regarding sampling, corrective actions, and reopening procedures. P

ATCP 76.315(3) (3) Filter media. If Pseudomonas aeruginosa, Staphylococcus aureus, or Legionella pneumophila is detected in any sample from a pool, the pool must be cleaned and sanitized and filter media must be changed, as applicable, or as directed by the department or its agent. P

ATCP 76.315 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.32 ATCP 76.32 Reports and records.

ATCP 76.32(1) (1) Operating reports. The pool operator or responsible supervisor shall complete reports of the pool operation on forms provided by the department or its agent to include verification and documentation of all of the following:

ATCP 76.32(1)(a) (a) Chemical testing pursuant s. ATCP 76.14.

ATCP 76.32(1)(b) (b) Backwashing completion.

ATCP 76.32(1)(c) (c) Breakpoint chlorination.

ATCP 76.32(1)(d) (d) Interlock testing.

ATCP 76.32(1)(e) (e) Anti-entrapment system testing.

ATCP 76.32(1)(f) (f) Water temperature.

ATCP 76.32(1)(g) (g) Safety and rescue equipment maintained pursuant to ss. ATCP 76.26 and ATCP 76.27.

ATCP 76.32(1)(h) (h) If monthly reports are requested by the department or its agent, they shall be submitted no later than the tenth day of the following month. Pf

ATCP 76.32 Note Note: To obtain copies of the form for monthly reporting of daily public pool operations, or to determine which agent to contact to obtain copies, contact the bureau of food and recreational businesses at [phone] or PO Box 8911, Madison, Wisconsin 53708-8911.

ATCP 76.32(2) (2) Death, injury, or illness reports. The operator shall report any incident resulting in death, serious injury, or illness that requires assistance from emergency medical personnel, by the end of the next working day following the incident by phone, email, or fax to the department or its agent. Pf

ATCP 76.32 Note Note: Report deaths, injuries, or illnesses to the bureau of food and recreational businesses by calling [phone], emailing to [e-mail] or faxing to [phone].

ATCP 76.32(3) (3) Files.

ATCP 76.32(3)(a) (a) Files permanently maintained on the premises. The operator shall permanently maintain on the premises a copy of each of the following:

ATCP 76.32(3)(a)1. 1. A copy of the most current version of ch. ATCP 76.

ATCP 76.32(3)(a)2. 2. For pools constructed after July 1, 2023, a copy of the Wisconsin department of safety and professional services approved pool constructions plans, including Virginia Graeme Baker Act plan approvals.

ATCP 76.32(3)(a)3. 3. The manufacturer’s pump performance curve. Pf

ATCP 76.32(3)(a)4. 4. The manual of operations for any secondary anti-entrapment device or system, as applicable. Pf

ATCP 76.32(3)(a)5. 5. The manual of instruction on filter operation.

ATCP 76.32(3)(a)6. 6. Instructions for operation and maintenance of all equipment.

ATCP 76.32(3)(a)7. 7. Instructions and other pertinent information on pool operation and maintenance.

ATCP 76.32(3)(a)8. 8. The most recent United States centers for disease control and prevention recommendations for fecal accidents or another plan in response to fecal accidents that is consistent with the United States centers for disease control and prevention’s fecal accident response recommendations.

ATCP 76.32(3)(a)9. 9. The Virginia Graeme Baker Act main drain and equalizer cover replacement receipts or similar documentation. Pf

ATCP 76.32(3)(b) (b) File retention period. The following operational tests and reports shall be kept for a minimum of 2 years.

ATCP 76.32(3)(b)1. 1. Anti-entrapment device or system test results as required by manufacturer and corrective actions taken, if needed. Pf

ATCP 76.32(3)(b)2. 2. Any laboratory bacteriological report. Pf

ATCP 76.32(3)(b)3. 3. Any fecal accident report made pursuant to s. ATCP 76.31.Pf

ATCP 76.32(3)(b)4. 4. Any daily inspections and operational tests. Pf

ATCP 76.32(3)(b)5. 5. Any other reports required by the department or its agent.

ATCP 76.32(3)(c) (c) Access. All of the documents under pars. (a) and (b), shall be accessible to the department or its agent upon request.

ATCP 76.32 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.33 ATCP 76.33 Facility maintenance, repair, and sanitation.

ATCP 76.33(1) (1) Pool area.

ATCP 76.33(1)(a) (a) Basin. The pool basin area shall meet all of the following and be:

ATCP 76.33(1)(a)1. 1. Routinely brushed or vacuumed to keep the basin and surrounding appurtenances free of sediment, lint, hair, debris, algae, and slime growth and discoloration.

ATCP 76.33(1)(a)2. 2. Maintained free of cracks or other defects and repaired or refinished as necessary to maintain it in a cleanable condition.

ATCP 76.33(1)(a)3. 3. Maintained in a clean and sanitary condition.

ATCP 76.33(1)(a)4. 4. Free of glass and shatterable plastic items, except for pool test kit contents while in use to test pool water according to manufacturer’s instructions and in drink preparation areas of a swim up bar. Pf

ATCP 76.33(1)(b) (b) Deck maintenance and cleaning.

ATCP 76.33(1)(b)1. 1. Deck areas and appurtenances, including safety pads, shall meet all of the following and be:

ATCP 76.33(1)(b)1.a. a. Maintained in good repair.

ATCP 76.33(1)(b)1.b. b. Rinsed as needed to prevent microbial growth.

ATCP 76.33(1)(b)2. 2. Disinfected at least weekly for indoor pool decks with disinfecting agents according to the manufacturer’s directions.

ATCP 76.33 Note Note: It is recommended to avoid the use of an ammonia-based disinfectant as this can contribute to an increased level of chloramines in the pool water.

ATCP 76.33(1)(b)3. 3. Cleaned as needed for outdoor pool decks.

ATCP 76.33(1)(b)4. 4. Maintained so that depth markings along the edge of the pool are clearly visible and readable. Pf

ATCP 76.33(1)(b)5. 5. Kept unobstructed except for easily portable furniture and equipment. Pf

ATCP 76.33(1)(c) (c) Walls, ceilings and floors. The walls, ceilings, and floors in the pool area shall be maintained in a clean and sanitary condition.

ATCP 76.33(1)(d) (d) Hosing. Hosing shall meet all of the following

ATCP 76.33(1)(d)1. 1. Provided in adequate lengths to flush the entire pool deck.

ATCP 76.33(1)(d)2. 2. Protected against backsiphonage by the proper installation of an approved backflow prevention device pursuant to s. SPS 390.16 (4) (b). P

ATCP 76.33(1)(e) (e) Equipment. Pool equipment, including equipment on the deck, shall be all of the following and properly:

ATCP 76.33(1)(e)1. 1. Located.

ATCP 76.33(1)(e)2. 2. Installed.

ATCP 76.33(1)(e)3. 3. Maintained.

ATCP 76.33(1)(e)4. 4. Repaired, as necessary.

ATCP 76.33(1)(f) (f) Spectator areas. Spectator areas shall be all of the following:

ATCP 76.33(1)(f)1. 1. Maintained in a clean condition.

ATCP 76.33(1)(f)2. 2. Set up and arranged so that tables, chairs, and other obstructions do not block the deck. Pf

ATCP 76.33(1)(g) (g) Drinking fountain. Drinking fountains shall be all of the following:

ATCP 76.33(1)(g)1. 1. Be provided pursuant to s. SPS 390.19. P

ATCP 76.33(1)(g)2. 2. Maintained in clean and sanitary condition.

ATCP 76.33(2) (2) Shower, toilet and dressing facilities.

ATCP 76.33(2)(a) (a) Walls and floors. The walls, partitions, and floors of showers, toilet rooms, and dressing areas shall be all of the following:

ATCP 76.33(2)(a)1. 1. Maintained in good repair.

ATCP 76.33(2)(a)2. 2. Cleaned and disinfected daily or more frequently, if necessary to provide clean and sanitary conditions.

ATCP 76.33 Note Note: See s. SPS 390.19 for additional information.

ATCP 76.33(2)(b) (b) Showers. Showers shall be maintained in an operable condition.

ATCP 76.33 Note Note: To minimize the risk of Legionella growth and other diseases associated with water, adequate provisions should be made to ensure that all water systems, including sink faucets, drinking fountains, and showers are safe. Any water aged over 3 weeks is potentially viable for growing Legionella colonies. It is strongly advised that each pool operator develop and implement a water management program as recommended by the United States centers for disease control and prevention Water Management Program Toolkit. The toolkit can be found at https://www.cdc.gov/legionella/wmp/toolkit/index.html.

ATCP 76.33(2)(c) (c) Toilet rooms and diaper changing areas. Toilet room fixtures and diaper changing stations shall be all of the following:

ATCP 76.33(2)(c)1. 1. Kept clean.

ATCP 76.33(2)(c)2. 2. Maintained in good repair.

ATCP 76.33(2)(d) (d) Lockers and furniture. Lockers and furniture shall be all of the following:

ATCP 76.33(2)(d)1. 1. Cleaned as needed.

ATCP 76.33(2)(d)2. 2. Maintained in good repair.

ATCP 76.33(2)(e) (e) Soap and soap dispensers. Soap and dispensers shall be all of the following:

ATCP 76.33(2)(e)1. 1. Soap is continually provided at each hand washing sink and shower in permanently installed dispensing devices. Pf

ATCP 76.33(2)(e)2. 2. The dispensers shall be maintained in operating condition.

ATCP 76.33(2)(f) (f) Hand drying devices. Individual towels in dispensers or hot air dryers shall be provided at hand washing sinks. Pf

ATCP 76.33(2)(g) (g) Toilet tissue. A continuous supply of toilet tissue shall be provided in permanently installed dispensing devices. Pf