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.
DHS 172.36(1)(n)
(n) Where a spectator area is provided, it shall be separated by a railing or other barrier from the water area.
DHS 172.36(2)
(2) Interactive play attractions. All interactive play attractions shall comply with all of the following requirements:
DHS 172.36(2)(a)
(a) If access to the interactive play attraction is not restricted by an enclosure, an attendant shall be present to provide periodic supervision.
DHS 172.36(2)(c)
(c) Trees and vegetation may not be allowed in the interactive play attraction area.
DHS 172.36(2)(d)
(d) Water spray features shall be activated for 30 minutes before the daily opening of the interactive play attraction.
DHS 172.36 Note
Note: A ring buoy and shepherd's crook are not required to be present for an interactive play attraction.
DHS 172.36 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
CR 09-115: am. (2) (a)
Register May 2010 No. 653, eff. 6-1-10; corrections in (1) (a), (c), (d), (g) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2012 No. 673.
DHS 172.37
DHS 172.37 Maintenance, repair, and modifications of water attractions. DHS 172.37(1)(a)(a) Water attractions shall be maintained, repaired and modified in accordance with recognized safe practice, as defined in
s. SPS 334.01 (15).
DHS 172.37(1)(b)
(b) Improperly maintained, repaired or modified water attractions may not be opened to the public.
DHS 172.37(1)(c)1.1. Defective, improper, worn or missing parts shall be replaced or repaired. Maintenance, repair and replacement parts shall be of a quality equal to or better than the original parts.
DHS 172.37(1)(c)2.
2. All work shall be performed by a competent qualified mechanic capable of understanding the function of the parts and the proper installation.
DHS 172.37(1)(c)3.
3. Non-graded bolts, nails, fasteners and wire shall be used only for their intended purposes.
DHS 172.37(1)(c)4.
4. Rotted, split or otherwise structurally unsound material shall be replaced.
DHS 172.37(2)(a)(a)
General. The owner shall arrange for all water attractions to be periodically inspected and for operational tests to be performed as specified in this subsection. Such inspections and tests shall be documented by written records and the records shall be kept as specified in
s. DHS 172.32 (3).
DHS 172.37(2)(b)
(b)
Daily inspection and operational testing. Water attractions and all pool slides shall be inspected and their operation tested each day before use by patrons. The inspection and operational test shall include the operation of all control devices and safety equipment.
DHS 172.37(2)(c)
(c)
Waterslide inspection. Every five years all waterslides shall be evaluated by an engineer for the structural stability and integrity of the slide and platform. A copy of a report signed by the engineer shall be kept on site as pursuant to
s. DHS 172.32.
DHS 172.37 History
History: CR 06-086: cr.
Register August 2007 No. 620, eff. 2-1-08;
correction in (1) (a) made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
