DHS 172.05(5)(a)(a) The department or its agent shall issue or deny a permit within 30 days after receiving a complete application, all applicable fees, and the other information required under
sub. (4).
DHS 172.05(5)(b)
(b) Except as provided in ss.
250.041 and
254.115, Stats., the initial issuance, renewal or continued validity of a permit issued under this subsection may be conditioned upon the requirement that the permittee correct a violation of this chapter, s.
254.47, Stats., or ordinances adopted under s.
254.69 (2) (g), Stats., within a period of time specified. If the condition is not met within the specified time, the permit is void. No person may operate a pool after a permit has been voided under this paragraph, and any person who does so shall be subject to the penalties under s.
254.47 (3), Stats. An owner whose permit is voided under this subsection may appeal the decision under
s. DHS 172.09.
DHS 172.05(5)(c)
(c) The department or its agent may refuse to issue or renew a permit to operate a pool under any of the following circumstances:
DHS 172.05(5)(c)1.
1. The department or its agent has not conducted a pre-inspection of a pool for which an initial or new permit is required under
sub. (1).
DHS 172.05(5)(c)2.
2. The owner of a pool has not corrected a condition for which the department or agent has issued a written safety–related order.
DHS 172.05(5)(c)3.
3. All applicable fees under
s. DHS 172.06 have not been paid, including the permit fee, pre-inspection fee, re-inspection fee, or other applicable fees.
DHS 172.05(5)(c)4.
4. The owner has modified, repaired or maintained the pool in a manner that is not in accordance with what the department recognizes as safe practice.
DHS 172.05(5)(c)5.
5. The owner, applicant, or permit holder has failed to provide the department or its agent with information required under
sub. (4).
DHS 172.05(5)(c)6.
6. The owner or applicant has violated
ch. 254, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the pool.
DHS 172.05(5)(d)
(d) If the department or its agent denies an application for a permit, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under
s. DHS 172.09.
DHS 172.05(6)
(6) Voided permit for failure to pay fees. If an applicant or owner fails to pay all applicable fees, late fees and processing charges under
s. DHS 172.06 within 15 days after the applicant or owner receives notice of an insufficiency under
s. DHS 172.06 (2), or within 45 days after the expiration of the permit, whichever occurs first, the permit is void. An owner whose permit is voided under this subsection may appeal the decision under
s. DHS 172.09. In an appeal concerning a voided permit under this subsection, the burden is on the permit applicant or owner to show that the entire 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 permit and is subject to the fees under
s. DHS 172.06 (1) (e) in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection.
DHS 172.05(7)
(7) Permit posting. A permit shall be posted in a place visible to the public. A permit may not be altered or defaced.
DHS 172.05 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
CR 09-115: am. (4) (a) 4.
Register May 2010 No. 653, eff. 6-1-10; correction in (4) (a) 4. made under s.
13.92 (4) (b) 7., Stats.,
Register May 2010 No. 653; correction in (4) (a) 2. to 4. made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register January 2012 No. 673.
DHS 172.06(1)(a)(a)
Pre-inspection fee. The owner of a pool shall pay the applicable pre-inspection fee listed in Table DHS 172.06 to the department before an initial or new permit is issued under
s. DHS 172.05 (1).
DHS 172.06(1)(b)
(b)
Permit fee. The owner of a pool shall pay the applicable permit fee listed in Table DHS 172.06 to the department for each pool that the operator applies for a permit to operate under
s. DHS 172.05 (1) or
(2).
DHS 172.06(1)(c)
(c)
Late fee. If the permit fee for a permit renewal is not paid before the expiration date of the permit, the owner of the pool shall pay to the department a late fee of $75 in addition to the renewal permit fee.
DHS 172.06(1)(d)
(d)
Re-inspection fee. If the department conducts a re-inspection of a pool under
s. DHS 172.07 (1) (b) 1. and
2., the owner shall pay to the department the applicable re-inspection fee listed in Table DHS 172.06. The department shall assess an additional $50 fee for any additional re-inspection conducted under
s. DHS 172.07 (1) (b) 4.
DHS 172.06(1)(e)
(e)
Fees for operating without a permit. Any pool found to be operating without a permit shall pay to the department an amount equal to the annual permit fee, in addition to all applicable fees and any processing charges under
s. DHS 172.05 (6).
DHS 172.06 Note
Note: Anyone operating a pool without a permit is also subject to a fine of not less than $25 nor more than $250 under s.
254.47 (3), Stats.
1 Including swimming, whirlpool, wading, therapy, exercise, cold soak, mobile, combination, diving pools, and experimental pools.
2 Including activity pools, interactive play attractions, leisure rivers, plunge, vortex, vanishing edge, and wave pools.
DHS 172.06(2)
(2) Method of payment. If the payment for an initial or renewal permit is by check or other draft drawn upon an account containing insufficient funds, the applicant or owner shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under
sub. (1) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
DHS 172.06 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08.
DHS 172.07(1)(a)(a)
Inspections. Under ss.
254.69 (2) and
254.85 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any pool area, including the recirculation equipment and piping area, at any reasonable time, for any of the following purposes:
DHS 172.07(1)(a)5.
5. To examine and copy relevant documents and records, provided such information is related to the operation of the pool.
DHS 172.07(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 172.07(1)(b)1.1. The department or its agent may re-inspect a pool whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the pool.
DHS 172.07(1)(b)2.
2. A re-inspection shall be scheduled to allow the owner a reasonably sufficient time to correct the deficiencies.
DHS 172.07(1)(b)3.
3. A re-inspection fee shall be charged for the re-inspection according to Table DHS 172.06, or applicable charges as determined by an agent of the department.
DHS 172.07(1)(b)4.
4. If an additional re-inspection is required because a violation has not been corrected in the scheduled time, the department shall assess the owner an additional $50 reinspection fee as authorized under
s. DHS 172.06 (1) (d), and the department may order the owner to show just cause why the permit should not be suspended or revoked under
s. DHS 172.08.
DHS 172.07(2)(a)(a) If upon inspection of a pool, the department or agent finds that the pool is not designed, constructed, equipped or operated as required under
ch. SPS 390 and this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.
DHS 172.07(2)(b)
(b) If the order to correct violations is not carried out by the expiration of the time period stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under
s. DHS 172.08 to suspend or revoke the permit to operate the pool.
DHS 172.07(2)(c)
(c) Any person who fails to comply with an order of the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her. A person may appeal a forfeiture under
s. DHS 172.09.
DHS 172.07(3)(a)(a) As provided in s.
254.85, Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health exists as a result of an inspection under
sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
DHS 172.07(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 172.07(3)(a)2.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health.
DHS 172.07(3)(b)1.1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in
par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
DHS 172.07(3)(b)2.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in
subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
DHS 172.07(3)(c)
(c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the department or agent, within the effective period of the temporary order specified in
par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
s. DHS 172.09 (2). The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 172.09 within 15 days after issuance of the notice.
DHS 172.07(3)(d)
(d) Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, under s.
254.85 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both. A person may appeal a forfeiture under
s. DHS 172.09.
DHS 172.07 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
correction in (2) (a) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 172.08
DHS 172.08 Suspension or revocation of permit. The department may, after a hearing under
s. DHS 172.09, suspend or revoke a permit for violation of s.
254.47, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under
s. DHS 172.09 (1).
DHS 172.08 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08.
DHS 172.09
DHS 172.09 Appeals of actions by the department. DHS 172.09(1)(a)
(a) Except as provided in
sub. (2) or
(3), a request for a hearing for denial of a permit, a voided permit, suspension, revocation, forfeiture, or an order given under
s. DHS 172.07 (1) (b) 4. or
s. DHS 172.07 (2) shall be submitted in writing to the department of administration's division of hearings and appeals within 15 days after receipt of the notice of the department's action.
DHS 172.09(1)(b)
(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark.
DHS 172.09(1)(c)
(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals.
DHS 172.09(1)(d)
(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division's facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day.
DHS 172.09 Note
Note: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
DHS 172.09(1)(e)
(e) As a condition for requesting a hearing under this subsection to appeal the voiding of a permit, an applicant or owner shall comply with
sub. (3). In an appeal concerning voiding a permit, the burden is on the applicant or owner to show that the entire applicable fees, late fees and processing charges have been paid.
DHS 172.09(2)
(2) A request for hearing on a temporary order given by the department under
s. DHS 172.07 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the owner agree to a later date, the immediate danger to health is removed, the order is not contested or the owner and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
DHS 172.09(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 172.09 Note
Note: A request for a hearing under sub. (2) may be submitted by mail or hand-delivered to the Department of Health Services, at 1 W. Wilson St., Room 650, P.O. Box 7850, Madison, WI, 53707-7850, or faxed to the Department at (608) 266-7882. The hearing may be conducted by the department secretary, the secretary's designee, or a hearing examiner under s.
227.43 (1) (bu).
DHS 172.09(3)
(3) If the department voids a permit under
s. DHS 172.05 (6), the owner shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
DHS 172.09 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08.
DHS 172.10
DHS 172.10 Appeals of actions by agent health departments. If an agent issues a permit under this chapter, the agent shall create enforcement and appeal procedures under ss.
66.0417 and
254.69 (2) (g), Stats.
DHS 172.10 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08.
DHS 172.11(1)(1)
General. Each pool shall have a water recirculation system with disinfection treatment and filtration equipment consisting of overflow gutters or skimmers, main drains, inlets, pumps, piping, and filters. The system shall be operated continuously except for seasonal closing or during periods of necessary maintenance.
DHS 172.11 Note
Note: See s.
SPS 390.14 for design requirements for the recirculation system.
DHS 172.11(2)(a)(a) The flow through each skimmer shall be adjusted as often as necessary to maintain a vigorous skimming action at each skimmer. The pool water level shall be maintained at an elevation so that continuous effective surface skimming is accomplished through skimmers or over the gutter lip. For gutter pools, approximately 75% of the required recirculation flow shall be through the gutter and 25% through the main drain during normal operation. For pools with skimmers, approximately 80% of the recirculation flow shall be through skimmers and 20% through the main drain. For reverse flow pools, 100% of the required circulation shall be through the gutter or skimmer.
DHS 172.11(2)(b)
(b) Skimmers, skimmer weirs, and overflow gutters and drains shall be maintained so that they are clean and shall be repaired or replaced as needed. Skimmer covers shall be securely seated on deck.
DHS 172.11(2)(c)
(c) Inlets shall be checked and adjusted to ensure that the rate of flow through each inlet is such that a uniform distribution pattern is established. Inlets in pools with surface skimmers shall be directed as necessary to ensure that there is effective skimming in all areas.
DHS 172.11(2)(d)
(d) Strainer baskets or screens shall be continuously in use and maintained. Clean spare strainer baskets or screens shall be available. Strainer baskets for skimmers and pump strainers shall be cleaned at least daily.
DHS 172.11(3)
(3) Surge tanks. Surge tanks shall be operated within designed water levels.
DHS 172.11(4)
(4) Pumps. The pump manufacturer's maintenance and operating instructions shall be followed. Recirculation pumps shall continuously achieve the designed pool water recirculation rate except during maintenance operations. The turnover time for pools shall be as follows:
DHS 172.11(4)(a)
(a)
Swimming or combination pools. The maximum turnover time for a pool used for swimming or for a combination pool shall be 6 hours.
DHS 172.11(4)(b)
(b)
Water attractions. The maximum turnover times for a water attraction constructed after the effective date of this rule shall be as listed in Table DHS 172.11-A.
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See PDF for table 
DHS 172.11(4)(c)
(c)
Wading pools. The maximum turnover time for a wading pool shall be 2 hours.
DHS 172.11(4)(d)
(d)
Whirlpools. The maximum turnover time for a whirlpool shall be 30 minutes.
DHS 172.11(4)(e)
(e) Therapy and exercise pools. The turnover times for exercise and therapy pools constructed after the effective date of this rule shall be as provided in Table DHS 172.11-B.
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See PDF for table
