ATCP 76.03(85) (85) “Waterslide” means a slide where a water flow of 100 gallons of water per minute or more is intended to carry a rider down a flume.

ATCP 76.03(86) (86) “Wave pool” means a water attraction designed to simulate breaking or cyclical waves for the purposes of surfing or general play.

ATCP 76.03(87) (87) “Whirlpool” means a small pool, sometimes called a “spa,” which uses higher temperature water than other pools and may include a water agitation system.

ATCP 76.03(88) (88) “Zero-depth entry pool” means a water attraction having a sloped entrance to where the water depth is 0 inches at the shallowest point.

ATCP 76.03 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (2), (49), (65), (77) made under s. 35.17, Stats., and correction in (19), (63) (a), (c), (64) made under s. 13.92 (4) (b) 7., Stats., Register June 2023.

ATCP 76.04 ATCP 76.04 Plans and specifications for pools.

ATCP 76.04(1) (1) Approval required. An operator shall submit pool plans for new construction and obtain approval from the Wisconsin department of safety and professional services pursuant to ch. SPS 390. After July 1, 2023, the following documents shall be kept onsite and made available to the department or its agent upon request:

ATCP 76.04(1)(a) (a) Approved pool plans.

ATCP 76.04(1)(b) (b) Engineering statements and reports, when applicable.

ATCP 76.04(1)(c) (c) Compliance declaration, if applicable.

ATCP 76.04(1)(d) (d) Conditional Wisconsin department of safety and professional services approvals, if applicable.

ATCP 76.04(1)(e) (e) Final Wisconsin department of safety and professional services inspection approval.

ATCP 76.04(1)(f) (f) Wisconsin department of safety and professional services or department variances, if applicable.

ATCP 76.04(2) (2) Modifications. An operator shall submit pool modification plans to the Wisconsin department of safety and professional services pursuant to ch. SPS 390. Documentation shall be made available to the department or its agent upon request as required under sub. (1).

ATCP 76.04(3) (3) Change of operator. For a pool constructed prior to July 1, 2023, pool construction plans are not required when a change of operator occurs and a new license is required pursuant to s. ATCP 76.05 (1).

ATCP 76.04 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (1) (intro.) made under s. 35.17, Stats., Register June 2023 No. 810.

ATCP 76.045 ATCP 76.045 License holder qualifications. To qualify for a license, an applicant shall do all of the following:

ATCP 76.045(1) (1) Owner. Be an owner of the pool or an officer of the legal entity owning the pool.

ATCP 76.045(2) (2) Payment of fees. Pay the applicable license fees at the time the application is submitted.

ATCP 76.045 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.046 ATCP 76.046 License holder responsibilities. Upon acceptance of the license issued by the department or its agent, the license holder shall do all of the following in order to retain the license:

ATCP 76.046(1) (1) Allow an authorized representative of the department or its agent access to the pool and provide any required information to that authorized representative.

ATCP 76.046(2) (2) Comply with the provisions of this chapter.

ATCP 76.046(3) (3) Follow reporting requirements to the department or its agent, as applicable, as outlined in this chapter.

ATCP 76.046(4) (4) Immediately discontinue operations directly related to an imminent health hazard and notify the department or its agent.

ATCP 76.046(5) (5) Replace existing facilities and equipment that no longer comply with the criteria set forth in this chapter.

ATCP 76.046(6) (6) Comply with directives of the department or its agent, including deadlines for taking corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the department or its agent for the license holder’s pool or in response to community emergencies.

ATCP 76.046(7) (7) Accept notices issued and served by the department or its agent according to law.

ATCP 76.046(8) (8) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter, and any other directive of the department or its agent, including deadlines for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.