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 NoteNote: To notify the department of a transfer of ownership, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov.
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.
ATCP 76.05(3)(a)2.2. Proof that the Wisconsin department of safety and professional services, pursuant to s. SPS 390.04 (1), has approved plans and specifications for the pool, including modifications.
ATCP 76.05(3)(a)3.3. The completed final inspection report and approval from the Wisconsin department of safety and professional services authorized inspector.
ATCP 76.05(3)(a)4.4. A statement from a supervising construction contractor, architect, or engineer who worked on the pool indicating that it was completed in accordance with the pool’s construction plan pursuant to s. SPS 390.05 (1) (c).
ATCP 76.05(3)(a)5.5. Information, as determined by the department or its agent, indicating that the pool will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the pool that will protect the health, safety, and welfare of the public.
ATCP 76.05 NoteNote: To obtain a copy of the pool operator license application form, or to determine which agent to contact for an application form, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov.
ATCP 76.05(3)(b)(b) Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection pursuant to sub. (1) (d), before operating a new pool open to the general public.
ATCP 76.05 NoteNote: To obtain a copy of the pool license application form, or to arrange for a preinspection, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov.
ATCP 76.05(4)(4)License renewal.
ATCP 76.05(4)(a)(a) Renewal fee. To renew an existing pool license, the operator shall pay the department or its agent the applicable license fee pursuant to s. ATCP 76.06 Table B or C, before the license expires. If payment to renew a license fee is not received by the department or its agent before the expiration date of the license, the late fee pursuant to s. ATCP 76.06 Table B or C, shall be paid in addition to the license fee. An application for a renewal license is not required.
ATCP 76.05 NoteNote: Pursuant to s. 97.615 (2) (d), Stats., a local health department can establish and collect fees for a license. For a license issued by a local health department, contact the local health department for its license fee schedule.
ATCP 76.05(4)(b)(b) Department action on a license renewal.
ATCP 76.05(4)(b)1.1. The department or its agent may refuse to renew a new pool license as provided under sub. (5) (a).
ATCP 76.05(4)(b)2.2. The department or its agent shall not renew an existing pool license as provided under sub. (5) (b).