SPS 390.04(2)(e)7.7. Any other information necessary to determine compliance with this chapter. SPS 390.04(3)(3) Alternate public swimming pool or water attraction design review. SPS 390.04(3)(a)(a) Innovation. The provisions of this chapter are not intended to prevent innovative designs for public swimming pools or water attractions. The department may issue an approval of an alternate design if the design complies with the intent of this chapter. SPS 390.04(3)(b)1.1. For an alternate public swimming pool or water attraction design, an approval shall be required before statewide installation and use. SPS 390.04(3)(b)2.2. Alternate designs submitted for review shall be accompanied by sufficient information for the department to determine if the design and its performance will meet the requirements of this chapter. SPS 390.04(3)(b)3.3. The department shall review and make a determination on an application for an alternate design submittal within 90 days of receipt of all information and fees required for completion of the review. SPS 390.04(3)(b)4.4. The department may include specific conditions in issuing an approval for an alternate design, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this chapter. SPS 390.04(3)(b)5.5. If, upon review, the department determines that an alternate design does not comply with the intent of this chapter, the request for approval shall be denied in writing. SPS 390.04(3)(b)6.6. If a design receives alternate approval, a plan for the site-specific public swimming pool or water attraction complying with the alternate design approval shall be submitted in accordance with sub. (1). SPS 390.04(3)(c)(c) Revisions. If an approved alternate design is modified or additional assertions of function or performance are made, the approval shall be considered null and void, unless the design is resubmitted to the department for review and approval is granted. SPS 390.04(3)(d)(d) Revocation of approval. The department may revoke an approval issued under this section for any false statements or misrepresentation of facts or data on which the approval was based, or as a result of design failure. SPS 390.04(3)(e)(e) Limitations. An approval issued by the department for an alternate design may not be construed as an assumption of any responsibility for defects in design, construction or performance of any installation or for any damages that may result. SPS 390.04(3)(f)(f) Fees. Fees for the review of an alternate design under this section and any onsite inspections shall be submitted in accordance with ch. SPS 302. Fees for any miscellaneous inspections shall be as specified in s. SPS 302.04 (2). SPS 390.04(4)(4) Experimental public swimming pool or water attraction design review. SPS 390.04(4)(a)(a) Experimental review. The provisions of this chapter are not intended to prevent innovative designs for public swimming pools or water attractions. The department may issue an approval of an experimental public swimming pool or water attraction design for the purpose of proving compliance with the intent of this chapter. SPS 390.04(4)(b)1.1. Experimental public swimming pool or water attraction designs submitted for review shall be accompanied by sufficient information as requested by the department. SPS 390.04(4)(b)2.2. The department shall review and make a determination on an application for an experimental submittal within 120 days of receipt of all information and fees required for completion of the review. SPS 390.04(4)(b)3.3. The department may include specific conditions in issuing an approval for an experimental design, including an expiration date for the approval. Violations of the conditions under which an approval is issued shall constitute a violation of this chapter. SPS 390.04(4)(b)4.4. If, upon review, the department determines that an experimental design is not acceptable, the request for approval shall be denied in writing. SPS 390.04(4)(b)5.5. If a design receives experimental approval, a plan for the site-specific public swimming pool complying with the experimental design approval shall be submitted in accordance with sub. (1). SPS 390.04(4)(b)6.6. The department may limit the number of applications for review of experimental systems. SPS 390.04(4)(c)(c) Revisions. If an approved experimental design is modified or additional assertions of function or performance are made, the approval shall be considered null and void, unless the design is resubmitted to the department for review and approval is granted. SPS 390.04(4)(d)(d) Revocation of approval. The department may revoke an approval issued under this section for any false statements or misrepresentation of facts or data on which the approval was based, or as a result of design failure. SPS 390.04(4)(e)(e) Limitations. An approval issued by the department for an experimental design may not be construed as an assumption of any responsibility for defects in design, construction or performance of any installation or for any damages that may result. SPS 390.04(4)(f)(f) Fees. Fees for the review of an experimental design under this section and any onsite inspections shall be submitted in accordance with ch. SPS 302. Fees for any miscellaneous inspections shall be as specified in s. SPS 302.04 (2). SPS 390.04 NoteNote: Plans and specifications are to be submitted to the Department’s Division of Industry Services, P.O. Box 7162, Madison, WI 53707-7162 or to 1400 East Washington Avenue, Madison, WI 53703.
SPS 390.04 HistoryHistory: CR 08-056: cr. Register February 2009 No. 638, eff. 3-1-09; correction in (1) (b) 3. b., 5., (g), (3) (f), (4) (f) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672. SPS 390.05(1)(a)1.1. The installation, alteration or reconstruction of any public swimming pool or water attraction shall be under the supervision of a construction contractor pursuant to s. 443.14 (6), Stats., or a Wisconsin registered architect or engineer. SPS 390.05 NoteNote: Section 443.14 (6), Stats., reads: Notwithstanding any other provision of this chapter, contractors, subcontractors or construction material or equipment suppliers are not required to register under this chapter to perform or undertake those activities which historically and customarily have been performed by them in their respective trades and specialties, including, but not limited to, the preparation and use of drawings, specifications or layouts within a construction firm or in construction operations, superintending of construction, installation and alteration of equipment, cost estimating, consultation with architects, professional engineers or owners concerning materials, equipment, methods and techniques, and investigations or consultation with respect to construction sites, provided all such activities are performed solely with respect to the performance of their work on buildings or with respect to supplies or materials furnished by them for buildings or structures or their appurtenances which are, or which are to be, erected, enlarged or materially altered in accordance with plans and specifications prepared by architects or professional engineers, or by persons exempt under subs. (1) to (5) while practicing within the scope of their exemption. SPS 390.05(1)(a)2.2. The supervising construction contractor, architect or engineer shall be responsible for the public swimming pool or water attraction being in conformance with this chapter and the plans and specifications approved by the department. SPS 390.05(1)(a)3.3. At the time of the arranging the first inspection, the owner or the owner’s authorized agent shall designate to the department the name and address of the supervising construction contractor or the name and certification number of the supervising architect or engineer. SPS 390.05(1)(b)(b) Operation and maintenance instructions. Upon completion of any public swimming pool or water attraction, the owner or owner’s agent shall be given complete written instructions concerning operation of the pool or water attraction, all equipment, the circulation system, and the maintenance of the water quality. SPS 390.05(1)(c)1.1. Prior to the completion of the final inspection of any public swimming pool or water attraction, the supervising construction contractor, architect or engineer shall provide to the department a compliance statement. SPS 390.05(1)(c)2.2. The compliance statement shall certify that the installation is in compliance with this chapter. SPS 390.05(1)(c)3.3. The compliance statement shall be in a format acceptable to the department. SPS 390.05(2)(a)(a) Every new installation, alteration or reconstruction of a public swimming pool or water attraction shall be inspected as required in this section. SPS 390.05(2)(b)(b) The construction, alteration or reconstruction of any public swimming pool or water attraction shall be inspected by an authorized representative of the department. SPS 390.05 NoteNote: See ch. SPS 390 Appendix A-390.05 (3) for listing of additional authorized representatives of the department. SPS 390.05(2)(c)1.1. A rough-in inspection shall be conducted when the piping system is installed and before the piping system is covered. SPS 390.05(2)(c)2.2. The supervising construction contractor, architect or engineer shall notify the department’s authorized representative by telephone when underground work is complete and ready for an inspection to be scheduled. SPS 390.05(2)(c)3.3. Except as provided under subd. 3., work may not proceed until the inspection has been completed. SPS 390.05(2)(c)4.4. If the inspection is not made by the end of the normal business day following the day of notification, not including Saturday, Sunday or legal holidays, the installation work may proceed. SPS 390.05(2)(d)1.1. A final inspection shall be made when the construction, alteration or reconstruction is complete. SPS 390.05 NoteNote: A final inspection includes, but is not limited to, sanitary facilities, pools, fences and decks.
SPS 390.05(2)(d)2.2. The supervising construction contractor, architect or engineer shall notify the department’s authorized representative by telephone when all work is complete and ready for an inspection to be scheduled. SPS 390.05(2)(d)3.3. A request for the final inspection shall be made at least 24 hours prior to the requested time for the inspection. SPS 390.05(2)(d)4.4. The final inspection shall be completed within 5 business days of the requested inspection date. SPS 390.05 NoteNote: Inspections are only available during standard business hours.
SPS 390.05(2)(e)(e) The supervising construction contractor, architect or engineer shall provide the necessary equipment and personnel required for the inspection as requested by the authorized representative of the department. SPS 390.05(2)(f)(f) If the authorized representative of the department finds that the installation does not comply with this chapter, necessary corrections shall be made to achieve compliance. The authorized representative of the department shall be notified by the supervising construction contractor, architect or engineer when the corrections are completed. SPS 390.05(3)(a)(a) Upon request from a governmental unit, the department may delegate to the governmental unit the responsibility to conduct construction inspections of any public swimming pool or water attraction in accordance with this section. SPS 390.05(3)(b)(b) The delegation of inspection authority by the department shall be contingent upon a request by the governmental unit demonstrating sufficient capabilities to complete the construction inspections. SPS 390.05(3)(c)(c) The department shall provide the governmental unit with a written decision of authorization or denial relative to the request under this subsection concerning construction inspection. SPS 390.05(3)(d)(d) The department shall monitor and periodically evaluate the construction inspection functions that are authorized to the governmental unit under this section. SPS 390.05(3)(e)(e) If a governmental unit wishes to discontinue the authorized construction inspection function under this section, written notification shall be made to the department at least 30 days prior to the discontinuance. SPS 390.05(3)(f)(f) The authorization to conduct construction inspections may be revoked by the department at the department’s sole discretion. SPS 390.05 HistoryHistory: CR 08-056: cr. Register February 2009 No. 638, eff. 3-1-09. SPS 390.07SPS 390.07 Fines. Any person who violates this chapter or any plan or specification included as part of an approval that is issued under this chapter shall be fined pursuant to s. 145.26 (6), Stats., not less than $100 nor more than $5,000 for each violation. Each day of continued violation is a separate offense. SPS 390.07 HistoryHistory: CR 08-056: cr. Register February 2009 No. 638, eff. 3-1-09. SPS 390.10(1)(a)(a) Any construction or alteration of a pool or water attraction shall be designed and installed as specified under this subchapter. SPS 390.10(1)(b)(b) The design of pools and water attractions shall be based on generally accepted engineering practices. Some of the details of design, construction and installation may vary from the specifications of this code, but the basic engineering principles desirable and necessary to protect the health and safety of pool users and patrons shall be used by the department for situations not addressed in this subchapter. SPS 390.10(2)(2) Location. Pools and water attractions shall be located on a site conducive to proper operation, maintenance and safety of the pool or water attraction. The site shall be well drained. SPS 390.10(3)(3) Structural stability. All pools and water attractions shall be designed and installed to be structurally sound. SPS 390.10(4)(a)(a) Pools and water attraction surfaces shall be impervious, easy to clean, inert and nontoxic to humans. SPS 390.10(4)(b)(b) Pools and water attractions shall be constructed of materials that do not create a toxic condition in the environment. SPS 390.10(5)(5) Freezing. Where subject to freezing temperatures, the basin and appurtenances, piping, filter system, pump and motor and other components shall be designed and constructed to facilitate protection from damage due to freezing. SPS 390.10(6)(6) Equipment and material approval. All material and equipment used in the operation of a pool or water attraction within the scope of ANSI/NSF 50 shall conform to ANSI/NSF 50 or the equivalent. SPS 390.10(7)(7) Ventilation. Ventilation shall be provided for all indoor pools and water attractions. SPS 390.10 NoteNote: See ch. SPS 364 for requirements for ventilation. SPS 390.10(8)(a)(a) The surfaces intended to provide patron footing within the pool enclosure or on the deck shall have a slip-resistant surface. SPS 390.10(8)(b)(b) The surfaces intended to provide patron footing include patron walkways, deck, stair treads, zero-depth entries and water levels less than 24 inches in depth. SPS 390.10 NoteNote: Slide flume surfaces are not intended to provide patron footing.
SPS 390.10(9)(9) Construction tolerances. Construction tolerances may not exceed the applicable design dimensions beyond those designated in Table 390.10. Table 390.10
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Chs. SPS 301-399 ; Safety, Buildings, and Environment
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