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.
-
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 DHS 172.11(5)
(5) Flowmeters, valves, and gauges. Flowmeters, valves and gauges shall be maintained in operating condition.
DHS 172.11(5m)
(5m) Piping. Water treatment system piping shall have permanent labels, numbered tags or a color coding system that identifies valves, piping, and the direction of water flow. Labels, tags or color coding shall correspond to a conspicuously posted, easily-read chart that explains the system.
DHS 172.11(6)(a)(a)
General. The manufacturer's data plate shall be visible on all filters. Filter shells and appurtenances shall be maintained in operating condition.
DHS 172.11(6)(b)1.1. Rapid–rate sand filters shall be backwashed when the pressure differential is greater than 7 pounds per square inch or as recommended by the manufacturer, whichever is less.
DHS 172.11(6)(b)2.
2. High–rate sand filters shall be backwashed when the pressure differential is greater than 11 pounds per square inch or as recommended by the manufacturer, whichever is less.
DHS 172.11(6)(b)3.
3. Vacuum sand filters shall be backwashed when the vacuum increases 8 inches of mercury above the initial reading or as recommended by the manufacturer. The backwash procedure shall follow the filter manufacturer's written directions which shall be conspicuously posted in the filter area on an easily read chart.
DHS 172.11(6)(b)4.
4. Filter media shall be inspected annually and cleaned or replaced when necessary.
DHS 172.11(6)(c)1.1. Pressure–type diatomaceous earth filters shall be backwashed when the pressure differential is greater than 25 pounds per square inch or as recommended by the manufacturer, whichever is less.
DHS 172.11(6)(c)2.
2. Vacuum–type diatomaceous earth filters shall be backwashed when the vacuum gauge reading increases to greater than 8 inches of mercury or as recommended by the manufacturer.
DHS 172.11(6)(c)3.
3. Septum covers shall be removed, cleaned or replaced when they no longer provide effective filtration or create a friction loss preventing maintenance of the required recirculation rate.
DHS 172.11(6)(c)4.
4. Diatomaceous earth wastewater separation tanks, where installed, shall be cleaned according to manufacturer instructions.
DHS 172.11(6)(c)5.
5. Positive displacement feeder suction intake shall be suspended at least 6 inches above any sludge layer in the solution tank. Tanks for mixing and distribution of chemicals shall be appropriately labeled. A cover with a screened vent shall be provided on all mixing and distribution tanks. The installation shall be maintained to prevent backflow of water into the tanks and to prevent the chemicals from being siphoned out of the tanks into the pool recirculation system.
DHS 172.11(6)(c)6.
6. Diatomaceous earth slurry feeders. The lowest effective concentration of solution shall be used in a diatomaceous earth slurry feeder. The concentration of solution may not exceed 5% by weight. The diatomite slurry feeder head and lines shall be flushed once every 15 minutes for at least one minute to assure proper and continuous operation. Water from the discharge side of the recirculation pump may be used. If connection is to a potable water supply line, the supply line shall be equipped with an approved backflow or backsiphonage prevention device. Diatomite slurry tank agitators shall run continuously.
DHS 172.11(6)(d)1.1. Cartridge–type filters shall be removed and cleaned when the pressure differential is greater than 11 pounds per square inch or as recommended by the manufacturer.
DHS 172.11(6)(d)2.
2. Cartridges shall be replaced when plugged or damaged. A duplicate set of replacement cartridges shall be available on-site and used when removing a dirty cartridge from the filter for cleaning.
DHS 172.11 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
CR 09-115: am. (1), r. and recr. Table B
Register May 2010 No. 653, eff. 6-1-10.
DHS 172.12
DHS 172.12 Labeling, storing, mixing, and handling chemicals. DHS 172.12(1)(1)
Labeling. Except for erosion feeders, which require only the name of the chemical, all chemicals used in the operation and maintenance of pools, and bulk storage tanks containing the chemicals, shall be conspicuously labeled with the following information:
DHS 172.12(1)(f)
(f) The U.S. environmental protection agency registration number.
DHS 172.12(2)
(2) Storage. Chemicals shall be stored in the original or a properly-labeled container, which shall be covered and kept in a clean, dry, well ventilated and locked area away from flammables, incompatible chemicals, and heat sources. Only authorized personnel shall have access to the storage area. Chemicals may not be stored in chlorine gas storage areas. Food may not be stored in the chemical storage area. Smoking is prohibited in the chemicals storage area.
DHS 172.12(3)
(3) Mixing. A chemical solution shall be added to water, not by adding water to the chemical. Each chemical or chemical solution shall be separately added to the water.
DHS 172.12(4)(a)(a)
Smoking. Smoking by anyone handling chemicals or by anyone within the immediate vicinity of chemicals being mixed is prohibited.
DHS 172.12(4)(b)
(b)
Material safety data sheet. Material safety data sheets shall be readily available at the pool attraction area for every chemical used.
DHS 172.12 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08.
DHS 172.13
DHS 172.13 Disinfectant feeders and filter aid equipment. DHS 172.13(1)(1)
General. All disinfectant feeders shall be installed according to the manufacturer's directions and used only with the disinfectant recommended by the manufacturer and meet all of the following requirements:
DHS 172.13(1)(a)
(a) Feeders shall be automatic, easily adjustable, capable of providing the required chemical residuals, equipped with flow control valves upstream and downstream from the feeder, easily disassembled for cleaning and maintenance, durable, and capable of accurate feeding.
DHS 172.13(1)(b)
(b) Feeders shall be properly vented and incorporate antisiphon safeguards to prevent disinfectant feeding in the event of the failure of recirculation equipment.
DHS 172.13(1)(c)
(c) Feeder pumps shall be electrically connected to the recirculation pump control circuit and have a separate disconnect switch.
DHS 172.13(2)
(2) Equipment maintenance. All maintenance that presents a danger to the patrons, including changing the gas tanks, shall be performed when the pool is not in use or is closed to public use.
DHS 172.13(3)
(3) Repairs. Only personnel trained and licensed in handling gas chlorine by a certifying agency such as the Federal occupational health and safety administration may repair gas chlorinators.
DHS 172.13 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
CR 09-115: am. (1) (intro.) and (a)
Register May 2010 No. 653, eff. 6-1-10.
DHS 172.14
DHS 172.14 Disinfectant feeding and residuals. DHS 172.14(1)(1)
General. Each pool in use shall be automatically and continuously disinfected by means of disinfectant and feeding equipment that is in compliance with this section and
s. DHS 172.13.
DHS 172.14(2)(a)(a)
Disinfectant-producing chlorine and bromine and other chemicals. Disinfectant-producing chlorine or bromine and any supplemental chemical used shall meet all of the following requirements:
DHS 172.14(2)(a)1.
1. The disinfectant or supplemental chemical is registered with the U.S. environmental protection agency as a disinfectant, and the product label is registered with the Wisconsin department of agriculture, trade and consumer protection.
DHS 172.14(2)(a)2.
2. The disinfectant has an effective residual that can be measured easily and accurately by an approved field test procedure.
DHS 172.14(2)(a)3.
3. The disinfectant is compatible for use with other chemicals normally used in the water treatment or is clearly identified as having a use limitation.
DHS 172.14(2)(a)4.
4. The disinfectant does not impart toxic properties to the water when used according to the manufacturer's directions.
DHS 172.14(2)(a)5.
5. The disinfectant does not create an undue safety hazard when handled, stored or used according to the manufacturer's directions.
DHS 172.14(2)(b)
(b)
Bromine. Bromine may not be used in a waterslide, pool slide, plunge pool or wave pool without the department's approval.
DHS 172.14(2)(c)1.1. Where chlorine gas is used, all staff who operate equipment shall be trained in the handling and use of chlorine gas, including the use of the self–contained breathing apparatus.
DHS 172.14(2)(c)2.
2. A plastic bottle of ammonium hydroxide or another leak detection method approved by the department shall be available at the chlorine gas storage area. If an electronic leak detection system is installed, it shall be located in gas storage rooms and shall be maintained and tested annually. The results of the testing shall be maintained on the site.
DHS 172.14(2)(c)3.
3. A list of telephone numbers to contact appropriate emergency personnel in the event of an emergency related to chlorine use shall be conspicuously posted at a continuously accessible telephone located reasonably close to the chlorine gas storage room. A durable placard clearly stating the location of the nearest accessible phone shall be posted on the outside of the chlorine gas storage room door.
