Wisconsin Legislature: ATCP 76.36(1)(n)

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

(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.

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

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

(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.

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 Waterslide and pool slide design.

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

(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

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

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

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

(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

(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

(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

(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

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

(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

(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

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

1. Be at least 42 inches above the surface on which the spectators or patrons stand. Pf

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

3. Be designed, constructed, and erected to inhibit overturning by spectators or patrons. P

4. Where used, gates shall open away from the water attraction unless equipped with a self-closing latching device. Pf

(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

(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.

(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

(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

(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

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

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

(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

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

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

(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.

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

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

(1) General.

(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

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

1. Defective, improper, worn, or missing parts shall be replaced or repaired.

2. Maintenance, repair, and replacement parts shall be of a quality equal to or better than the original parts. P

3. All work shall be performed by a competent qualified mechanic capable of understanding the function of the parts and the proper installation. Pf

4. Non-graded bolts, nails, fasteners, and wire shall be used only for their intended purposes. Pf

5. Rotted, split, or otherwise structurally unsound material shall be replaced. Pf

(2) Inspections and testing.

(a) General.

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.

2. Such inspections and tests shall be documented by written records and the records shall be kept pursuant to s. ATCP 76.32 (3) (b).

(b) Daily inspection and operational testing.

1. Water attractions shall be inspected and their operation tested each day before use by patrons. P

2. The inspection and operational test shall include the operation of all control devices and safety equipment. P

(c) Waterslide inspection. Every 5 years, all waterslides 6 feet and higher shall be evaluated by an engineer for the structural stability and integrity of the slide and platform. A copy of a report signed by the engineer shall be kept on site as pursuant to s. ATCP 76.32. P

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

ATCP 76.38 Virginia Graeme Baker Act. The operator shall ensure all the following for compliance with the Virginia Graeme Baker Act:

(1) General.

(a) New pools. For a newly constructed pool, the operator shall have approved plans from the Wisconsin department of safety and professional services and shall maintain the pool plans onsite. P

(b) Existing pools. For a pool constructed before the effective date of this rule, the operator shall provide at a minimum, the pump curve and the drain cover specification. P

(2) Documentation. Documentation shall include all of the following:

(a) Log maintenance. The operator shall maintain a log that can be used to evaluate the drain covers.

(b) Components. The log shall include all the following components related to the drain cover:

1. Make. Pf

2. Model. Pf

3. Gallons per minute rating. Pf

4. Life span. Pf

5. Installation date. Pf

(c) Receipts or affidavits. In lieu of a log, receipts or affidavits from a pool service company shall be acceptable documentation as long as the make and model are indicated. Pf

(d) Available. Documents shall be provided to the department or its agent upon request. Pf

History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; renum. (1) (a) 1., 2. to (1) (a), (b) under s. 13.92 (4) (b) 1., Stats., and correction in (1) (a) (title) and creation of (1) (b) (title) under s. 13.92 (4) (b) 2., Stats., Register June 2023 No. 810.