Chapter ATCP 76

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.

ATCP 76.34 Note Note: See s. SPS 390.18 (4) for additional rules relating to the outdoor pool enclosure.

ATCP 76.34(6) (6) Landscaping.

ATCP 76.34(6)(a) (a) Restrictions. Landscaping planters, pots, or other plant containers may not be placed on the required deck area.

ATCP 76.34(6)(b) (b) Separation. Landscaping features such as bark, gravel, shrubs, or flowers may be located within the pool enclosure but shall be separated from the pool by an additional 5 feet of impervious area or maintained lawn.

ATCP 76.34(6)(c) (c) Maintenance. Landscaped areas within a pool enclosure shall be continually maintained to prevent debris from entering the water.

ATCP 76.34(6)(d) (d) Trees. Trees used as landscaping features may not overhang the required deck area.

ATCP 76.34(6)(e) (e) Sand. Sand may not be located within a pool enclosure unless the sand area is made inaccessible from the pool area by a barrier that is at least 42 inches high. Alternatively there may be controlled entrances to the pool area if the entrances are controlled and provided with showers.

ATCP 76.34 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; renum. of (4) (a) (intro.), 1. to 4., 5. to (4) (a) 1m. (intro.), 1m. a. to d. and 2m. made under s. 13.92 (4) (b) 1., Stats., (4) (b) title created under s. 13.92 (4) (b) 2., Stats., and corrections in (4) (a) 1m. made under ss. 13.92 (4) (b) 4. and 35.17, Stats., Register June 2023 No. 810.

ATCP 76.35 ATCP 76.35 Waterslide and pool slide design.

ATCP 76.35(1) (1) Designed and installed. All waterslides and pool slides shall be designed, installed, and lubricated pursuant to s. SPS 390.31. Pf

ATCP 76.35(2) (2) Continuously separated. The portion of the pool water surface that is used as a plunge area for a drop slide or waterslide shall be continuously separated from other areas of the pool in a manner approved by the department or its agent, as long as the slide is in use. P

ATCP 76.35 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.36 ATCP 76.36 Water attraction, play features, and slide design.

ATCP 76.36(1) (1) General. Water attraction, play features, and slide design shall meet all of the following:

ATCP 76.36(1)(a) (a) Design and construction requirements. Water attractions and play features shall be designed, assembled, constructed, and maintained in accordance with recognized safe practices as defined in s. SPS 334.01 (15), and so that maximum patron loads do not stress any part of the water attraction beyond recognized safe practices. Pf

ATCP 76.36(1)(b) (b) Free from hazardous projections. Interior and exterior parts of any water attractions a patron may come into contact with shall be free of abrasives and splinters, sharp edges and corners, protruding studs, bolts, screws, and other hazardous projections.P

ATCP 76.36(1)(c) (c) Padding. Padding or other means to minimize injury due to patron impact resulting from the action of the water attraction shall be provided in accordance with recognized safe practice, pursuant to s. SPS 334.01 (15). P

ATCP 76.36(1)(d) (d) Enclosure of hazardous parts. All hazardous parts, including pinch points and shear points of water attractions and play features, shall be enclosed, barricaded, or otherwise arranged to effectively prevent injury in accordance with recognized safe practice, as defined in s. SPS 334.01 (15). P

ATCP 76.36(1)(e) (e) Guards. Guards removed for any purpose shall be replaced before normal operation of the water attraction is resumed. P

ATCP 76.36(1)(f) (f) Wheels and levers. Wheels and levers used by patrons in the control of the action of the water attraction shall be designed and maintained to prevent pinches, strains, abrasions, and body actions that could result in injuries. Wheels and levers shall be padded. Wheels shall have a solid center in lieu of spokes. Pf

ATCP 76.36(1)(g) (g) Fences and barriers. Water attractions shall be fenced, barricaded, or otherwise arranged in accordance with recognized safe practice, as defined in s. SPS 334.01 (15), so that the public is effectively prevented from entering hazardous areas. P

ATCP 76.36(1)(h) (h) Fence design and construction. Fences shall be constructed to meet all of the following requirements:

ATCP 76.36(1)(h)1. 1. Be at least 42 inches above the surface on which the spectators or patrons stand. Pf

ATCP 76.36(1)(h)2. 2. Constructed to reject a 4 inch ball at all openings, including between the bottom of the fence and the surface upon which it rests. P

ATCP 76.36(1)(h)3. 3. Be designed, constructed, and erected to inhibit overturning by spectators or patrons. P

ATCP 76.36(1)(h)4. 4. Where used, gates shall open away from the water attraction unless equipped with a self-closing latching device. Pf

ATCP 76.36(1)(i) (i) Gate opening. Gates shall be designed such that, if opened during the water attraction’s operation, the gate will not contact the water attraction or cause a hazard to patrons. P

ATCP 76.36(1)(j) (j) Separation. Fences and gates shall be constructed to inhibit spectator contact with the water attraction and patron contact with fences or gates. Pf Horizontal members in a fence or gate may be used to improve construction or efficiency, but should be minimized to reduce the ease of climbing.

ATCP 76.36(1)(k) (k) Loading and unloading areas. Loading and unloading areas that are an integral part of the water attraction shall be separated from moving parts by barriers or guardrails. P

ATCP 76.36(1)(L) (L) Preventing access. A flexible barrier, such as a rope or chain, may be used to prevent access to the passenger–carrying devices, provided the barrier is no longer than necessary and is controlled by an authorized attendant. Pf

ATCP 76.36(1)(m) (m) Moving sweeps. Water attractions with moving sweeps shall be guarded by a standard guardrail or a center cover designed and maintained to safely support a minimum load of 200 pounds.Pf

ATCP 76.36(1)(n) (n) Spectator area. Where a spectator area is provided, it shall be separated by a railing or other barrier from the water area. Pf

ATCP 76.36(2) (2) Interactive play attractions. Interactive play attractions shall meet all of the following requirements:

ATCP 76.36(2)(a) (a) Attendant requirements. If access to the interactive play attraction is not restricted by an enclosure, an attendant shall be present to provide periodic supervision. P

ATCP 76.36(2)(b) (b) Water drains. Water drains shall be in good working condition. Pf

ATCP 76.36(2)(c) (c) Tree and vegetation prohibited. Trees and vegetation may not be allowed in the interactive play attraction area.

ATCP 76.36(2)(d) (d) Daily opening procedures. Water spray features shall be activated for 30 minutes before the daily opening of the interactive play attraction. Pf

ATCP 76.36(2)(e) (e) Ring buoy and shepherd’s crook. A ring buoy and shepherd’s crook are not required to be present for an interactive play attraction.

ATCP 76.36 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.37 ATCP 76.37 Maintenance, repair, and modifications of water attractions.

ATCP 76.37(1) (1) General.

ATCP 76.37(1)(a) (a) Maintained safe. Water attractions shall be maintained, repaired, and modified in accordance with recognized safe practice as defined in s. SPS 334.01 (15). P

ATCP 76.37(1)(b) (b) Closure. Improperly maintained, repaired, or modified water attractions may not be opened to the public. P

ATCP 76.37(1)(c) (c) Maintenance.

ATCP 76.37(1)(c)1. 1. Defective, improper, worn, or missing parts shall be replaced or repaired.

ATCP 76.37(1)(c)2. 2. Maintenance, repair, and replacement parts shall be of a quality equal to or better than the original parts. P

ATCP 76.37(1)(c)3. 3. All work shall be performed by a competent qualified mechanic capable of understanding the function of the parts and the proper installation. Pf

ATCP 76.37(1)(c)4. 4. Non-graded bolts, nails, fasteners, and wire shall be used only for their intended purposes. Pf

ATCP 76.37(1)(c)5. 5. Rotted, split, or otherwise structurally unsound material shall be replaced. Pf

ATCP 76.37(2) (2) Inspections and testing.

ATCP 76.37(2)(a) (a) General.

ATCP 76.37(2)(a)1. 1. The owner shall arrange for all water attractions to be periodically inspected and for operational tests to be performed as specified in this subsection.