Chapter ATCP 76

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

ATCP 76.33(2)(h) (h) Bathing suits provided. If bathing suits, towels, or caps are furnished to patrons they shall meet all of the following:

ATCP 76.33(2)(h)1. 1. Be thoroughly laundered with detergent and machine dried after each use.

ATCP 76.33(2)(h)2. 2. Clean suits, towels, and caps shall be stored separately from unlaundered articles.

ATCP 76.33(2)(i) (i) Hose bibbs. Hose bibbs shall be conveniently located so floors in the shower, dressing, and toilet facilities can be adequately rinsed.

ATCP 76.33(3) (3) Garbage and refuse. Garbage and refuse shall meet all of the following:

ATCP 76.33(3)(a) (a) Approved storage container. All garbage and refuse shall be stored in metal or rigid plastic containers having tight–fitting lids.

ATCP 76.33(3)(b) (b) Sufficient in number. A sufficient number of containers shall be provided for all garbage and refuse generated.

ATCP 76.33(3)(c) (c) Stored to prevent harborage conditions. Filled containers of garbage or refuse shall meet all of the following and be covered and stored in a manner to prevent:

ATCP 76.33(3)(c)1. 1. Harborage of rodents, insect attraction, and breeding areas.Pf

ATCP 76.33(3)(c)2. 2. Odors. Pf

ATCP 76.33(3)(c)3. 3. Environmental pollution. Pf

ATCP 76.33(3)(c)4. 4. Accidents. Pf

ATCP 76.33(3)(d) (d) Disposal as needed. The contents of the containers shall be disposed of as needed and in a sanitary manner.

ATCP 76.33(3)(e) (e) Clean condition. All containers shall be kept clean.

ATCP 76.33(3)(f) (f) Good repair. Containers shall be maintained in good repair.

ATCP 76.33(4) (4) Water heaters, ventilation, electrical. Water heaters, ventilation, and electrical shall meet the following:

ATCP 76.33(4)(a) (a) Operating condition. Water heaters and heat exchangers shall be maintained in operating condition.

ATCP 76.33(4)(b) (b) Air movement. Heating, ventilation, and exhaust equipment shall be maintained and operated to provide air movement pursuant to chs. SPS 361 to 365, to prevent any excessive condensation and air quality problems in indoor enclosures, as enforced by the Wisconsin department of safety and professional services.

ATCP 76.33(4)(c) (c) Maintained in good repair. Electrical equipment and lighting shall be maintained in good repair and in operating condition.

ATCP 76.33(4)(d) (d) Carbon monoxide alarms. The operator shall install functioning carbon monoxide alarms, as applicable and meet all of the following:

ATCP 76.33(4)(d)1. 1. A pool equipment room that has a fuel burning appliance shall install and maintain a carbon monoxide alarm. P

ATCP 76.33(4)(d)2. 2. For indoor pools, a carbon monoxide alarm shall be installed and maintained in the pool area, if there is a fuel burning appliance in the equipment room that is also located within the pool area. P

ATCP 76.33 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.335 ATCP 76.335 Dog swims. A pool operator shall ensure all of the following during dog swim events:

ATCP 76.335(1) (1) Operation.

ATCP 76.335(1)(a) (a) Water level. Before the dog swim event, the water level shall be adjusted so that the pool water in the basin does not enter the recirculation system. P

ATCP 76.335(1)(b) (b) Disinfectant residual. Initial disinfectant residual must be 4 ppm free chlorine or 8 ppm if cyanuric acid present. P

ATCP 76.335(1)(c) (c) Registration. Registration of the dog and caretaker are required. Pf

ATCP 76.335(1)(d) (d) Rabies vaccination. All dogs shall be 6 months of age or older and the owner shall provide proof of a current rabies vaccination. P

ATCP 76.335(1)(e) (e) Prohibited. Splash pads, spray features, play structures, whirlpools, diving boards, and slides are prohibited from operation. Pf

ATCP 76.335(1)(f) (f) Relief area. Grass or an alternate area shall be provided and accessible to patrons with their dogs with adequate space and trash receptacles. Pf

ATCP 76.335(1)(g) (g) Waste water. Pool water shall be drained by bypassing the filtration system. P

ATCP 76.335(1)(h) (h) Post-event cleaning.

ATCP 76.335(1)(h)1. 1. Pool shall be scrubbed and cleaned after draining. P

ATCP 76.335(1)(h)2. 2. The pool shall be superchlorinated before startup occurs during the following season. P

ATCP 76.335(1)(i) (i) Restrooms and showers available. Locker rooms may be closed, but restrooms with handwashing facilities and showers must be conveniently located. Pf

ATCP 76.335(1)(j) (j) Responsible supervisor. The responsible supervisor or designee shall be present at the pool before, during, and after the dog swim event. P

ATCP 76.335(1)(k) (k) Duration. Event shall be limited to 3 hours total from time when the first dog enters the water. Pf

ATCP 76.335(2) (2) Rules. The following rules must be conveyed to patrons:

ATCP 76.335(2)(a) (a) Only dogs are allowed in the pool, except in the event of an emergency.

ATCP 76.335(2)(b) (b) A dog must be capable of swimming, unassisted by a human, in the depth and type of pool used for the dog swim.

ATCP 76.335(2)(c) (c) A dog must be willing and comfortable participating in the swim.

ATCP 76.335(2)(d) (d) A dog exhibiting aggression must be removed immediately.

ATCP 76.335(2)(e) (e) A dog with an open cut or sore may not enter the water.

ATCP 76.335(2)(f) (f) A dog with loose stools may not enter the water.

ATCP 76.335(2)(g) (g) A patron bringing a dog must supervise the dog at all times.

ATCP 76.335(2)(h) (h) The patron must clean up any feces immediately and dispose of waste properly.

ATCP 76.335(3) (3) Number of dogs per patron. A maximum of one dog per person may participate in a dog swim event.

ATCP 76.335 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

subch. VI of ch. ATCP 76 Subchapter VI — Pool Construction and Design

ATCP 76.34 ATCP 76.34 Pool design.

ATCP 76.34(1) (1) Hazardous conditions. Any object or material not specifically approved pursuant to this chapter or ch. SPS 390 that may cause a hazardous condition or interfere with the safe and efficient operation of a pool, pool slide, waterslide, or deck is not permitted in the pool area. P

ATCP 76.34(2) (2) Gates and doors maintained.

ATCP 76.34(2)(a) (a) Maintained. All gates and doors into the pool area shall be maintained and checked for proper operation. P

ATCP 76.34(2)(b) (b) Self-closing latching and lockable mechanism; location. A self-closing latching and lockable mechanism shall be installed at least 54 inches from the bottom of the gate or door. P

ATCP 76.34(2)(c) (c) Locked. Gates and doors shall be locked when the pool is not open to the public or is not in use. P

ATCP 76.34(3) (3) Pool fence or barrier height. A pool fence or barrier shall meet all of the following:

ATCP 76.34(3)(a) (a) Be at least 5 feet high and enclose the pool area.

ATCP 76.34(3)(b) (b) A pool with a fence or barrier less than 5 feet in height that was previously approved by the department is acceptable, including at a change of operator, if maintained in good repair. If more than 20 feet of a fence needs replacement, plan review is required by the Wisconsin department of safety and professional services.

ATCP 76.34(4) (4) Enclosures and entrances. Enclosures and entrances shall meet all of the following:

ATCP 76.34(4)(a) (a) Gates and doors.

ATCP 76.34(4)(a)1m. 1m. Except as provided under subd. 2m. and par. (b), all pool areas shall be enclosed P and have gates and doors that are all of the following:

ATCP 76.34(4)(a)1m.a. a. Self-closing. P

ATCP 76.34(4)(a)1m.b. b. Latching. P

ATCP 76.34(4)(a)1m.c. c. Lockable. P

ATCP 76.34(4)(a)1m.d. d. Not require a key, punch code, or electronic method to exit a pool enclosure. P

ATCP 76.34(4)(a)2m. 2m. This paragraph does not apply to emergency doors that cannot be opened from the outside of the pool enclosure.

ATCP 76.34 Note Note: A primary entrance to a pool enclosure in which multiple doors must be passed through is considered to have a self-closing, latching, and lockable gate or door, if any of doors in the sequence are self-closing, latching, or lockable.

ATCP 76.34(4)(b) (b) Gates and doors — lifeguarded area. Gates and doors in a lifeguarded pool area shall meet all of the following:

ATCP 76.34(4)(b)1. 1. If gates and doors are not self-closing and latching, the gates and doors to the pool shall be staffed with an attendant and at least one lifeguard shall be present. P

ATCP 76.34(4)(b)2. 2. Documentation for staffing shall be included in the lifeguard staffing plan. Pf

ATCP 76.34(5) (5) Signage. During closed hours, a sign shall be conspicuously posted stating that the pool, pool slide, waterslide, and deck are closed.