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)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)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)(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. ATCP 76.05 HistoryHistory: CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; correction in (1) (c) 2. made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (a), (c) 4., (3) (b), (5) (b) 2. made under s. 35.17, Stats., Register June 2023 No. 810. ATCP 76.06(1)(1) Fee schedule. Pursuant to s. 97.67 (5), Stats., no license may be issued until all applicable fees have been paid. Fees specified under s. ATCP 76.06 Table B or C, apply to pool licenses issued by the department or its agent under this chapter for each basin. ATCP 76.06 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 76.06(2)(a)1.1. The department or its agent shall assign a pool basin to a license category by evaluating the complexity of the pool basin based on the criteria pursuant to s. ATCP 76.06 Table A, in this section. ATCP 76.06(2)(a)2.2. The department or its agent shall assign a pool basin with a point value that is 0 to 2, to the simple license category. ATCP 76.06(2)(a)3.3. The department or its agent shall assign a pool basin with a point value that is greater than 2, but not more than 3, to the moderate license category. ATCP 76.06(2)(a)4.4. The department or its agent shall assign a pool basin with a point value that is 3.5 or greater, to the complex license category. ATCP 76.06(2)(a)5.5. If the department or its agent orders a pool closed because of a confirmed waterborne illness outbreak or chemical release incident, associated with the operation of the pool, the department or its agent shall immediately assign the pool to the complex category for the current and following licensing year. If no further outbreaks or closures occur, the department or its agent may reduce the license to the appropriate license category assignment. ATCP 76.06(2)(b)(b) Point values for determining factors for assigning a pool license category.
