ATCP 76.05 Note Note: To obtain a copy of the pool operator license application form, or to determine which agent to contact for an application form, call [phone] or send an email to [e-mail].

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 Note Note: To obtain a copy of the pool license application form, or to arrange for a preinspection, call [phone] or send an email to [e-mail].

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 Note Note: 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).

ATCP 76.05(5) (5) Department or agent action on license application.

ATCP 76.05(5)(a) (a) Department decision on a license. The department or its agent may not issue a new pool license or renew an existing pool license unless all of the following conditions are met:

ATCP 76.05(5)(a)1. 1. The operator has corrected a condition for which the department or its agent has issued a written health or safety related order.

ATCP 76.05(5)(a)2. 2. The operator, applicant, or license holder has provided the department or its agent with the information required under sub. (3) (a) 2. to 5.

ATCP 76.05(5)(a)3. 3. The department or its agent has determined that the operator, applicant, or license holder is not in violation of ch. 97, Stats., or has only a minor violation as defined in s. 227.04 (1) (a), Stats.

ATCP 76.05(5)(b) (b) License prohibited. The department or its agent shall refuse to issue a new pool license or renew an existing pool license under any of the following circumstances:

ATCP 76.05(5)(b)1. 1. A fully and accurately completed, signed, and dated application has not been received by the department or its agent.

ATCP 76.05(5)(b)2. 2. The department or its agent has not conducted the preinspection pursuant to sub. (1) (d).

ATCP 76.05(5)(b)3. 3. The department or its agent has not received pool documentation pursuant to s. ATCP 76.04.

ATCP 76.05(5)(b)4. 4. The operator has not paid all of the applicable fees pursuant to s. ATCP 76.06 Table B or C.

ATCP 76.05(5)(b)5. 5. The operator has modified, repaired, or maintained the pool in a manner that is not in accordance with what the department or its agent recognizes as safe practice as outlined in this chapter.

ATCP 76.05(5)(c) (c) Conditional license. Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned upon the requirement that the license holder correct a violation of this chapter, s. 97.67, Stats., or ordinances adopted pursuant to s. 97.615 (2) (g), Stats., within a specified period of time. If the condition is not satisfied within the specified time or after an extension of time approved by the department or its agent, the license is void. No person may operate a pool after a license has been voided. Any person who does so shall be subject to a penalty pursuant to s. 97.72, Stats., an injunction pursuant to s. 97.73, Stats., and fees pursuant to s. ATCP 76.06 (3) (e). An operator whose license is voided under this paragraph may appeal the decision pursuant to s. ATCP 76.09.

ATCP 76.05(5)(d) (d) Granting or denial of a license.

ATCP 76.05(5)(d)1. 1. The department or its agent shall issue or deny a new pool license or shall renew an existing pool license within 30 days after the applicant meets all of the requirements pursuant to sub. (3) or (4), as applicable.

ATCP 76.05(5)(d)2. 2. If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights pursuant to s. ATCP 76.09.

ATCP 76.05(6) (6) Voided license for failure to pay fees.

ATCP 76.05(6)(a) (a) Payment time frame. If an applicant or operator fails to pay all applicable fees, late fees, and processing charges pursuant to s. ATCP 76.06, within 45 days after the expiration of the license, the license is void.

ATCP 76.05(6)(b) (b) Notice of insufficiency. If the department or its agent receives a notice of an insufficiency pursuant to s. ATCP 76.06 (4), the applicant or operator shall have 15 days after receipt of notice from the department or its agent of the insufficiency to pay all applicable fees and processing charges or the license is void.

ATCP 76.05(6)(c) (c) Appeal rights. An operator whose license is voided under this subsection may appeal the decision as pursuant to s. ATCP 76.09. The burden is on the license applicant or operator to show that all applicable fees, late fees, and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the pool is deemed to be operation without a license and is subject to the fees pursuant to s. ATCP 76.06 (3) (e), in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection.

ATCP 76.05(7) (7) License posting. A license shall be posted in a place visible to the public. A license may not be altered or defaced.