Register September 2013 No. 693
Chapter SPS 390

Subchapter I — Administration
SPS 390.01   Authority and purpose.
SPS 390.02   Application.
SPS 390.03   Definitions.
SPS 390.04   Plan review and approval.
SPS 390.05   Construction.
SPS 390.07   Fines.
Subchapter II — The Design of Public Swimming Pool and Water Attractions
SPS 390.10   Minimum design requirements.
SPS 390.11   Basin design.
SPS 390.12   Entries and exits, stairs, ladders, swimouts and benches.
SPS 390.13   Deck.
SPS 390.14   Circulation systems.
SPS 390.16   Mechanical systems.
SPS 390.17   Sanitizing equipment.
SPS 390.18   Safety features.
SPS 390.19   Toilet room and sanitary facilities.
Subchapter III — Wading Pools, Whirlpools, Interactive Play Attractions and Cold Soak Pools — Special Requirements
SPS 390.20   Wading pools.
SPS 390.21   Whirlpools and cold soak pools.
SPS 390.22   Interactive play attractions.
Subchapter IV — Play Features and Slides
SPS 390.30   Play features.
SPS 390.31   Slides.
Subchapter V — Incorporation of Standards
SPS 390.40   Incorporation of standards by reference.
Ch. SPS 390 Note Note: Chapter HSS 171 as it existed on November 30, 1989 was repealed and a new chapter HSS 171 was created effective December 1, 1989; Chapter HSS 171 was renumbered Chapter ILHR 90, Register, March, 1994, No. 459, eff. 4-1-94; Chapter ILHR 90 was renumbered to be chapter Comm 90 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Register, May, 1998, No. 509. Chapter Comm 90 as it existed on February 28, 2009, was repealed and a new chapter Comm 90 was created effective March 1, 2009. Chapter Comm 90 was renumbered chapter SPS 390 under s. 13.92 (4) (b) 1., Stats., Register December 2011 No. 672.
Ch. SPS 390 Note Note: See ch. DHS 172 for rules relating to safety, maintenance and operation of public swimming pools.
subch. I of ch. SPS 390 Subchapter I — Administration
SPS 390.01 SPS 390.01 Authority and purpose. This chapter is promulgated under the authority of ss. 101.02 and 145.26, Stats., to regulate the design and construction, alteration or reconstruction of public swimming pools, water attractions and associated equipment in order to protect the health and safety of the public.
SPS 390.01 History History: CR 08-056: cr. Register February 2009 No. 638, eff. 3-1-09.
SPS 390.02 SPS 390.02 Application.
SPS 390.02(1)(1) Applicability. This chapter applies to the design and construction of all public swimming pools, water attractions and associated slides, and to the reconstruction or alteration of all public swimming pools, water attractions and associated slides.
SPS 390.02 Note Note: Also refer to administrative rules administered by the department of Health Services, specifically ch. DHS 172, for additional requirements regarding public swimming pools, water attractions and associated slides.
SPS 390.02 Note Note: For accessibility information, refer to the final accessibility guidelines for recreational facilities, Federal Register, Vol. 67, No. 170, as published Tuesday September 3, 2002. Requirements relating to swimming pools, wading pools and spas are found under ADAAG 15.8.
SPS 390.02(2) (2)Retroactivity. A rule of this chapter does not apply retroactively to public swimming pools, water attractions and associated slides existing prior to the effective date of the rule unless specifically stated in the rule.
SPS 390.02(3) (3)Local ordinances. A county, city, village or town or local board of health may enact ordinances for pools, water attractions and associated slides, provided the standards are not in conflict with this code.
SPS 390.02(4) (4)Petition for variance. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303.
SPS 390.02 Note Note: Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Form SBD-9890 is available at the Department's Web site at through links to Division of Industry Services forms.
SPS 390.02 History History: CR 08-056: cr. Register February 2009 No. 638, eff. 3-1-09; correction in (4) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
SPS 390.03 SPS 390.03 Definitions. In this chapter:
SPS 390.03(1) (1) "Accessible" means easily and readily exposed for inspection and the replacement of materials or parts with the use of tools.
SPS 390.03(2) (2) "ANSI" means the American National Standards, Institute, Inc.
SPS 390.03(3) (3) "Approved" means acceptable to the department based on its determination of conformance with this chapter and good public health practices.
SPS 390.03(4) (4) "ASME" means the American Society of Mechanical Engineers.
SPS 390.03(5) (5) "Basin" means any vessel constructed of manmade materials and designed to hold water to be used as a public swimming pool or water attraction.
SPS 390.03(6) (6) "Bed and breakfast establishment" has the meaning found in s. 254.61 (1), Stats.
SPS 390.03 Note Note: Section 254.61 (1), Stats., reads: "Bed and breakfast establishment" means any place of lodging that: (a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients; (b) Provides no meals other than breakfast and provides the breakfast only to renters of the place; (c) Is the owner's personal residence; (d) Is occupied by the owner at the time of rental; (e) Was originally built and occupied as a single-family residence or, prior to use as a place of lodging, was converted to use and occupied as a single-family residence; and (f) Has had completed, before May 11, 1990, any structural additions to the dimensions of the original structure, including by renovation, except that this limit does not apply to any of the following: 1. A structural addition, including a renovation, made to a structure after May 11, 1990, within the dimensions of the original structure. 2. A structural addition, made to a structure that was originally constructed at least 50 years before an initial or renewal application for a permit under s. 254.64 (1) (b) is made and for which no use other than as a bed and breakfast establishment is proposed.
SPS 390.03(7) (7) "Breakpoint" means the line of separation between the shallow portion and the deep portion of a pool, defined by a sharp change in the slope of the pool bottom.
SPS 390.03(8) (8) "Children's slide" means a slide that has a maximum height of 4 feet as measured vertically from the slide entrance to the slide terminus and terminating in less than 24 inches of water.
SPS 390.03(9) (9) "Circulation system" means the outlets, inlets, equipment and piping of pools and water attractions designed to circulate water at a predetermined quantity and velocity in order to treat and purify the water, but does not include backwash piping.
SPS 390.03(10) (10) "Common wall" means a partition separating two pools, water attractions or whirlpools, or any combination of the aforementioned.
SPS 390.03(11) (11) "Contrasting color" means a variance from a color of 2 steps or more in value and less than 6.5 in value on the Munsell color-order system.
SPS 390.03 Note Note: Contrasting colors may cross hue and chroma lines.
SPS 390.03(12) (12) "Deck" means the unobstructed walking surface immediately adjacent to the pool or water attraction.
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.