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.

ATCP 76.046 History History: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23.

ATCP 76.05 ATCP 76.05 License to operate a pool.

ATCP 76.05(1) (1) License required. A license is required for a public pool if it serves or is installed for use by the state, a political subdivision of the state, a motel, a hotel, a resort, a camp, a campground, a club, an association, a housing development, an apartment complex with 3 or more dwelling units, a condominium complex, or a housing complex having a homeowners’ association, a school, a religious, charitable or youth organization, or an educational or rehabilitative facility.

ATCP 76.05(1)(a) (a) Conditions requiring a license. No person may operate a pool without a license from the department or its agent, except as provided under par. (c) 2. A separate license is required for each pool basin.

ATCP 76.05(1)(b) (b) Pool modification. A pool for which a license has been issued and is later modified into a different pool type shall require a new license and the operator shall pay all applicable fees.

ATCP 76.05(1)(c) (c) Transfer of ownership.

ATCP 76.05(1)(c)1. 1. If a license holder sells or otherwise transfers ownership or operation of a pool to another person, a new license is required pursuant to s. 97.67 (2) (a), Stats., and the pool may not be opened to the public until the department or its agent issues a new license.

ATCP 76.05(1)(c)2. 2. Pursuant to s. 97.67 (2) (b) and (c), Stats., an individual may transfer a license to an immediate family member if the individual is transferring operation of the pool. A sole proprietorship that reorganizes as a business entity, as defined in s. 180.1100 (1g), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity, may transfer a license to the newly formed business entity or sole proprietorship if the pool remains at the location for which the license was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity.

ATCP 76.05(1)(c)3. 3. Except as provided in this paragraph, no license issued under this chapter is transferable from one premise to another or from one person or entity to another.

ATCP 76.05(1)(c)4. 4. An operator who wishes to transfer a license under par. (c) shall notify the department or its agent prior to the transfer of the operation of the pool.

ATCP 76.05 Note Note: To notify the department of a transfer of ownership, call [phone] or send an email to [e-mail].

ATCP 76.05(1)(d) (d) Preinspection required. Before the department or its agent may issue a license to operate a pool under sub. (1), the department or its agent shall conduct a preinspection. A preinspection is not required for a transfer of a license under par. (c) 2.

ATCP 76.05(2) (2) License duration and renewal.

ATCP 76.05(2)(a) (a) Expiration. Each license issued under this chapter expires on June 30, except that a new pool license issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.

ATCP 76.05(2)(b) (b) Annual renewal. Each existing pool license shall be renewed annually as provided in sub. (4).

ATCP 76.05(3) (3) New license.

ATCP 76.05(3)(a) (a) Application. To apply for a new pool license, the applicant shall apply on an application form provided by the department or its agent. The completed application shall be accompanied by all of the following:

ATCP 76.05(3)(a)1. 1. The applicable fees pursuant to s. ATCP 76.06 Table B or C, and any fees previously due to the department or its agent.