Register June 2016 No. 726
Chapter ATCP 76
SAFETY, MAINTENANCE, AND OPERATION OF
PUBLIC POOLS AND WATER ATTRACTIONS
Subchapter I — Administration
ATCP 76.01   Authority and purpose.
ATCP 76.02   Applicability.
ATCP 76.03   Approved comparable compliance.
ATCP 76.04   Definitions.
ATCP 76.05   Permits.
ATCP 76.06   Fees.
ATCP 76.07   Enforcement.
ATCP 76.08   Suspension or revocation of permit.
ATCP 76.09   Appeals of actions by the department.
ATCP 76.10   Appeals of actions by agent health departments.
Subchapter II — Water Treatment Systems and Water Quality
ATCP 76.11   Recirculation system.
ATCP 76.12   Labeling, storing, mixing, and handling chemicals.
ATCP 76.13   Disinfectant feeders and filter aid equipment.
ATCP 76.14   Disinfectant feeding and residuals.
ATCP 76.15   Alternative disinfection systems.
ATCP 76.16   Water quality.
ATCP 76.17   Water test kits.
ATCP 76.18   Water testing frequency.
ATCP 76.19   Water supply and temperature.
Subchapter III — Staffing Pools
ATCP 76.20   Operator.
ATCP 76.21   Responsible supervisor.
ATCP 76.22   Lifeguards and attendants.
ATCP 76.23   Lifeguard and attendant placement and staffing requirements.
ATCP 76.24   Instructional programs.
Subchapter IV — Operation and Management
ATCP 76.25   Permissible patron load.
ATCP 76.26   Rescue equipment.
ATCP 76.27   First aid supplies.
ATCP 76.28   Food and drink.
ATCP 76.29   Posting pool and water attraction rules.
ATCP 76.30   Pool closing criteria.
ATCP 76.31   Fecal accident response.
ATCP 76.32   Monthly reports and records.
ATCP 76.33   Facility maintenance, repair and sanitation.
Subchapter V — Pool, Slide, and Water Attraction Construction and Design
ATCP 76.34   Pool design.
ATCP 76.35   Waterslide and pool slide design.
ATCP 76.36   Water attraction, play features, and slide design.
ATCP 76.37   Maintenance, repair, and modifications of water attractions.
Ch. ATCP 76 Note Note: Chapter H 72 as it existed on August 31, 1978 was repealed and a new chapter H 72 was created effective September 1, 1978. Chapter H 72 was renumbered Chapter HSS 172, effective May 1, 1982. Chapter HSS 172 as it existed on November 30, 1989 was repealed and a new chapter HSS 172 was created effective December 1, 1989. HSS 172 was renumbered Chapter HFS 172 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 493; correction made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1998, No. 512; CR 06-086: r. and recr. ch. HFS 172, Register August 2007 No. 620, eff. 2-1-08. Chapter HFS 172 was renumbered chapter DHS 172 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; chapter DHS 172 was renumbered chapter ATCP 76 made under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.
Ch. ATCP 76 Note Note: Effective 7-1-16, 2015 Wis. Act 55 amended the word “permit" in ch. 254, stats., to become “license" in ch. 97, stats., and all references in this chapter to “permit" mean “license" for the purpose of licensing, regulation, and enforcement of this chapter by the department.
subch. I of ch. ATCP 76 Subchapter I — Administration
ATCP 76.01 ATCP 76.01Authority and purpose. This chapter is promulgated under the authority of s. 97.67, Stats., to regulate the maintenance and operation of public pools and water attractions in order to protect the health and safety of the public.
ATCP 76.01 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.01 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.
ATCP 76.02 ATCP 76.02Applicability.
ATCP 76.02(1)(1) This chapter applies to the operation of public pools and water attractions.
ATCP 76.02(1)(a) (a) A pool or water attraction is a public pool or water attraction if it is installed in a “place of employment," as defined in s. 101.01 (11), Stats., or in a “public building," as defined in s. 101.01 (12), Stats., or if it serves or is installed for use by the state, a political subdivision of the state, a motel, a hotel, a tourist rooming house, a bed and breakfast establishment, a resort, a camp, a campground, a club, an association, a housing development, such as an apartment complex, condominium complex, or housing complex having a homeowners' association, a school, a religious, charitable or youth organization, or an educational or rehabilitative facility.
ATCP 76.02(1)(b) (b) A pool or water attraction is not a public pool or water attraction if it serves fewer than 3 individual residences, unless it is used on a regular basis by persons other than the residents.
ATCP 76.02(2) (2) Unless the context clearly indicates otherwise, references to “pool" in these rules means a public pool or water attraction.
ATCP 76.02 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08; renum. from DHS 172.02 Register June 2016 No. 726.
ATCP 76.03 ATCP 76.03Approved comparable compliance.
ATCP 76.03(1)(1) The department may approve an alternative to a method, practice, material, equipment, or design required under this chapter that will not be contrary to public health, safety, or welfare, if the department is provided with satisfactory proof that the alternative will achieve results which are closely equivalent to the results of literal application of the requirement.
ATCP 76.03(2) (2) An alternative approved under sub. (1) may, at the department's discretion, be made conditional for any of the following:
ATCP 76.03(2)(a) (a) A defined period of time.
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.