DHS 172.31(1)(1) In responding to a fecal accident, the operator shall consider guidelines for fecal accidents in pools used for swimming published by the federal centers for disease control and prevention.
DHS 172.31(2)
(2) The operator shall document each fecal contamination as follows:
DHS 172.31(2)(a)
(a) The date and time of the event and the free available chlorine and pH level at the time of the event and after the event, before re-opening the pool to the public.
DHS 172.31(2)(c)
(c) The procedures followed in responding to the fecal contamination.
DHS 172.31(2)(d)
(d) The number of patrons in the pool and the length of time between the occurrence, detection, and resolution of the incident.
DHS 172.31 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08
.
DHS 172.32
DHS 172.32 Monthly reports and records. DHS 172.32(1)(1)
Operating reports. The pool operator or responsible supervisor shall complete monthly reports of daily pool operation on forms provided by the department or agent. The monthly reports shall be submitted, as requested, to the appropriate regional office of the department or to the agent as appropriate no later than the tenth day of the following month.
DHS 172.32 Note
Note: To obtain copies of the Department's form for monthly reporting of daily public pool operations or to determine which agent to contact to obtain copies, write or phone: Bureau of Environmental and Occupational Health, P.O. Box 2659, Madison, Wisconsin 53701-2659, 608-266-2835.
DHS 172.32(2)
(2) Death, injury, or illness reports. The operator shall report incidents resulting in death, or serious injury or illness that requires assistance from emergency medical personnel, by the end of the next working day following the incident by phone or fax to the department or agent.
DHS 172.32 Note
Note: Report deaths, injuries or illnesses to the Bureau of Environmental and Occupational Health by calling 608-266-2835 or fax to 608-267-3241.
DHS 172.32(3)(a)(a) The operator shall maintain on the premises a file containing a copy of each of the following:
DHS 172.32(3)(a)4.
4. In addition to the reports listed under
subds. 1.,
2., and
3. any other report submitted to the department or agent for the preceding 2 year period.
DHS 172.32(3)(a)7.
7. The manufacturer's pump performance curve, manual of instruction on filter operation, recommendations for operation and maintenance of all equipment, and instructions and other pertinent information on pool operation and maintenance.
DHS 172.32(3)(a)8.
8. The most recent Federal centers for disease control recommendations for fecal accidents or other plan in response to fecal accidents.
DHS 172.32(3)(b)
(b) All records shall be kept at least 7 years, except that monthly reports, fecal accident reports, daily inspection results, and operational tests shall be kept for at least 2 years.
DHS 172.32(3)(c)
(c) All of the documents under
par. (a) shall be accessible to the operator and the department or agent.
DHS 172.32 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08.
DHS 172.33
DHS 172.33 Facility maintenance, repair and sanitation. DHS 172.33(1)(a)(a)
General. Each pool shall be routinely brushed or vacuumed to keep the basin and surrounding appurtenances free of sediment, lint, hair, debris, algae and slime growth and discoloration. Cracks or other defects shall be repaired and the pool interior shall be refinished as necessary to maintain it in a cleanable condition. The pool and water area shall be maintained in a clean and sanitary condition. Glass and shatterable plastic items shall be prohibited in the pool area.
DHS 172.33(1)(b)
(b)
Deck maintenance and cleaning. Pool areas and appurtenances, including safety pads, shall be maintained in good repair and shall be rinsed daily to prevent microbial growth. Indoor pool decks shall be disinfected at least weekly. Depth markings along the edge of the pool shall be maintained to be clearly visible and readable. The deck shall be kept unobstructed except for easily portable furniture and equipment.
DHS 172.33(1)(c)
(c)
Walls, ceilings and floors. The walls, ceilings and floors in the pool area shall be maintained in a clean and sanitary condition.
DHS 172.33(1)(d)
(d)
Hosing. Hosing shall be provided in adequate lengths to flush the entire pool deck. All hose bibbs shall be protected against backsiphonage by the proper installation of an approved backflow prevention device as required under
s. SPS 390.16 (4).
DHS 172.33(1)(e)
(e)
Equipment. Pool equipment, including equipment on the deck, shall be properly located and installed and maintained and repaired as necessary.
DHS 172.33(1)(f)
(f)
Spectator areas. The spectator area shall be maintained in a clean condition. Spectator areas with tables, chairs and other obstructions may not block the deck.
DHS 172.33(1)(g)
(g)
Drinking fountain. Each drinking fountain required under
s. SPS 390.19 shall be maintained in clean and sanitary condition.
DHS 172.33(2)(a)(a) The walls, partitions and floors of showers, toilet rooms and dressing areas shall be maintained in good repair and shall be cleaned and disinfected daily and more often if necessary to provide clean and sanitary conditions.
DHS 172.33 Note
Note: See s.
SPS 390.19 for additional information.
DHS 172.33(2)(b)
(b) Showers shall be maintained in an operable condition and each shower shall provide 3 to 5 gallons of water per minute.
DHS 172.33(2)(c)
(c) Toilet room fixtures and diaper changing stations shall be kept clean and maintained in good repair.
DHS 172.33(2)(d)
(d) Lockers and furniture shall be cleaned as needed and maintained in good repair.
DHS 172.33(2)(e)
(e) Soap shall be continually provided at each hand washing sink and shower in permanently installed dispensing devices. The dispensers shall be maintained in operating condition.
DHS 172.33(2)(f)
(f) Individual towels in dispensers or hot air dryers shall be provided at hand washing sinks.
DHS 172.33(2)(g)
(g) A continuous supply of toilet tissue shall be provided in permanently installed dispensing devices.
DHS 172.33(2)(h)
(h) If bathing suits or towels or caps are furnished to patrons, they shall be thoroughly laundered with detergent and machine dried after each use. Clean suits, towels and caps shall be stored separately from unlaundered articles.
DHS 172.33(2)(i)
(i) Hose bibbs shall be conveniently located to adequately rinse and sanitize floors in shower, dressing, and toilet facilities.
DHS 172.33(3)
(3) Garbage and refuse. All garbage and refuse shall be stored in metal or rigid plastic containers having tight–fitting lids. A sufficient number of containers shall be provided for all garbage and refuse generated. Filled containers of garbage or refuse shall be covered and stored in a manner to prevent harborage for rodents, insect attraction and breeding areas, odors, environmental pollution and accidents. The contents of the containers shall be disposed of as needed and in a sanitary manner. All containers shall be kept clean and maintained in good repair.
DHS 172.33(4)(a)(a) Water heaters and heat exchangers shall be maintained in operating condition.
DHS 172.33(4)(b)
(b) Heating, ventilation, and exhaust equipment shall be maintained and operated to provide air movement as required by
chs. SPS 361 to
365 to prevent any excessive condensation and air quality problems in indoor enclosures.
DHS 172.33(4)(c)
(c) Electrical equipment and lighting shall be maintained in good repair and in operating condition.
DHS 172.33 Note
Note: Refer to s.
SPS 390.16 for department of safety and professional services installation requirements.
DHS 172.33 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
CR 09-115: am. (1) (d) and (g)
Register May 2010 No. 653, eff. 6-1-10; corrections in (1) (d) and (g), (4) (b) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 172.34(1)(1) Any object or material not specifically approved under this chapter or
ch. SPS 390 that may cause hazardous conditions or interfere with efficient operation of a pool, pool slide, waterslide or water attraction and deck may not be permitted in the pool area.
DHS 172.34(2)
(2) All gates and doors into the pool area shall be maintained and checked for proper operation. Gates and doors shall be locked when the pool is not open to the public or is not in use.
DHS 172.34(3)
(3) All outdoor pool enclosures shall be at least 5 feet high.
DHS 172.34(4)
(4) All pool areas shall be enclosed and have self-closing and latching gates or doors that are lockable.
DHS 172.34(5)
(5) During closed hours, a sign shall be conspicuously posted stating that the pool, pool slide, water slide, or water attraction and deck are closed.
DHS 172.34 Note
Note: See s.
SPS 390.18 (4) for additional rules relating to the outdoor pool enclosure.
DHS 172.34(6)
(6) Landscaping planters, pots or other plant containers may not be placed on the required deck area. Landscaping features such as bark, gravel, shrubs, or flowers may be located within the pool enclosure but shall be separated from the pool by an additional 5 feet of impervious area or maintained lawn, or the landscaping features must be installed in a 4-inch depression and the depressed area must be surrounded by a 42-inch high barrier. Landscaped areas within a pool enclosure shall be continually maintained to prevent debris from entering the water. Trees used as landscaping features may not overhang the required deck area. Sand may not be located within a pool enclosure unless the sand area is made inaccessible from the pool area by the location of a security-type barrier that is at least 42 inches high. There may be controlled entrances to the pool area if the entrances are controlled and provided with showers.
DHS 172.34 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
correction in (1) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 172.35
DHS 172.35 Waterslide and pool slide design. DHS 172.35(3)
(3) The portion of the pool water surface that is used as a plunge area for a pool slide or waterslide shall be continuously separated from other areas of the pool in a manner approved by the department as long as the slide is in use.
DHS 172.35 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
CR 09-115: am. (1) and (2)
Register May 2010 No. 653, eff. 6-1-10; corrections in (1) and (2) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 172.36
DHS 172.36 Water attraction, play features, and slide design. DHS 172.36(1)(a)(a) Water attractions and play features shall be designed, assembled, constructed and maintained in accordance with recognized safe practices as defined in
s. SPS 334.01 (15), and so that maximum patron loads do not stress any part of the water attraction beyond recognized safe practices.
DHS 172.36(1)(b)
(b) Interior and exterior parts of all water attractions a patron may come into contact with shall be free of abrasives and splinters, sharp edges and corners, protruding studs, bolts, screws and other hazardous projections.
DHS 172.36(1)(c)
(c) Padding or other means to minimize injury due to patron impact resulting from the action of the water attraction shall be provided in accordance with recognized safe practice, as defined in
s. SPS 334.01 (15).
DHS 172.36(1)(d)
(d) All hazardous parts, including but not limited to pinch points, and shear points of water attractions and play features, shall be enclosed, barricaded or otherwise arranged to effectively prevent injury in accordance with recognized safe practice, as defined in
s. SPS 334.01 (15).
DHS 172.36(1)(e)
(e) Guards removed for any purpose shall be replaced before normal operation of the water attraction is resumed.
DHS 172.36(1)(f)
(f) Wheels and levers used by patrons in the control of the action of the water attraction shall be designed and maintained to prevent pinches, strains, abrasions and body actions that could result in injuries. Wheels and levers shall be padded. Wheels shall have a solid center in lieu of spokes.
DHS 172.36(1)(g)
(g) Water attractions shall be fenced, barricaded or otherwise arranged in accordance with recognized safe practice, as defined in
s. SPS 334.01 (15), so that the public is effectively prevented from entering hazardous areas.
DHS 172.36(1)(h)
(h) Fences shall be constructed to meet all of the following requirements:
DHS 172.36(1)(h)1.
1. Fences shall be at least 42 inches above the surface on which the spectators or patrons stand.
DHS 172.36(1)(h)2.
2. Fences shall be constructed to reject a 4 inch ball at all openings, including between the bottom of the fence and the surface upon which it rests.
DHS 172.36(1)(h)3.
3. Fences shall be designed, constructed and erected to inhibit overturning by spectators or patrons.
DHS 172.36(1)(h)4.
4. Where used, gates shall open away from the water attraction unless equipped with a positive latching device.
DHS 172.36(1)(i)
(i) Gates shall be designed such that, if opened during the water attraction's operation, the gate will not contact the water attraction or cause a hazard to patrons.
DHS 172.36(1)(j)
(j) Fences and gates shall be constructed to inhibit spectator contact with the water attraction and patron contact with fences or gates.
DHS 172.36 Note
Note: Horizontal members in a fence or gate may be used to improve construction or efficiency, but should be minimized to reduce the ease of climbing.
DHS 172.36(1)(k)
(k) Loading and unloading areas which are an integral part of the water attraction shall be separated from moving parts by barriers or guardrails.
DHS 172.36(1)(L)
(L) A flexible barrier, such as a rope or chain, may be used to prevent access to the passenger–carrying devices, provided the barrier is no longer than necessary and is controlled by an authorized attendant.
DHS 172.36(1)(m)
(m) Water attractions with moving sweeps shall be guarded by a standard guardrail or a center cover designed and maintained to safely support a minimum load of 200 pounds.
