By eliminating the need for a variance and allowing flexibility of operation, a pool operator could experience lower operating costs and a direct reduction in cost to operate a pool telephone. A pool operator may now provide a phone with a cellular 911 service option with an approximate $400 one-time cost compared to the current land line requirement that costs as much as $1000 to $1800 per year.
For pool operators who fail to maintain active managerial control of risks at their pool, there would be a proposed cost of $300 to $500, to obtain pool operator certification. Failure to maintain active managerial control means that critical or numerous items are found during two inspections in a three year period, making the pool more amenable to illnesses and serious accidents.
Fiscal Estimate and Economic Impact Analysis
The Fiscal Estimate and Economic Impact Analysis is attached.
Effect on Small Business
See analysis and supporting documents used to determine effect on small business or in preparation of an economic impact analysis section, above.
The Department’s Regulatory Review Coordinator
Bradford Steine, Legislative Liaison
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-5024
Department Contact Person
Caitlin Jeidy, Program and Policy Analyst – Advanced
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4696
Where and When Comments May Be Submitted
Questions and comments related to this this rule may be directed to:
Caitlin Jeidy, Program and Policy Analyst – Advanced
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4696
_____________________________________________________________________________________
RULE TEXT
SECTION 1. ATCP 76 is repealed and recreated to read:
Subchapter I
Administration
ATCP 76.01 Authority and purpose. This chapter is promulgated pursuant to ss. 97.67 (1), (4) and 227.11 (2) (a), Stats., to prescribe rules for the maintenance and operation of public pools and water attractions for enforcement by the department or its agent to protect public health and safety. ATCP 76.02 Scope. (1) APPLICABILITY. This chapter applies to all public pools and water attractions. Unless the context clearly indicates otherwise, references to “pool” in these rules means a public pool, or, water attraction.
(2) VARIANCES. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular pool, the department may approve a variance from that provision requested by that pool operator if the operator provides the department with satisfactory proof that the approval of the variance will not jeopardize the public’s health, safety, or welfare.
(a) Procedure for variance request. 1. Request for modification or waiver of a requirement of this chapter shall be submitted in writing to the department or its agent, along with documentation specified in subd. 4.
2. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval.
3. On receipt of a complete variance request as specified in this section, the department shall review the request and grant or deny the request in writing within 30 working days. A variance approved by the department shall be made conditional for a defined period of time or shall expire 5 years from the date of issuance. The department or its agent shall maintain a copy of the variance in the license holder’s inspection history file.
4. Documentation justifying a proposed variance from the requirements of this chapter shall include all the following information: a. A statement of the proposed variance from this chapter requirement citing relevant chapter location numbers.
b. The rationale for how the potential public health hazards and nuisances addressed by the relevant chapter section will be alternatively addressed by the proposed variance.
(b) Conformance with an approved variance. If the department grants a variance as specified in sub. (2), the license holder shall do all of the following: 1. Comply with the department’s conditions for the variance approval. P
2. Maintain a copy of the approved variance at the pool.
(c) Transferability. An approved variance is not transferable to any other pool, entity, or licensee.
(d) Reissuance. A license holder who wishes to continue a variance after its expiration shall do all of the following: 1. File a request with the department for reissuance of the variance at least 30 days prior to its expiration, unless permission for a later date has been granted by the department.
2. When a license holder has made timely and sufficient application for the reissuance of a variance in reference to any activity of a continuing nature, the existing waiver does not expire until the application has been finally acted upon by the department.
Note: To obtain a form for requesting a variance, email datcpdfrsrec@wisconsin.gov or contact the bureau of food and recreational businesses at (608) 224−4702 or PO Box 8911, Madison, Wisconsin 53708−8911. ATCP 76.03 Definitions. In this chapter:
(1)
“AED” means automated external defibrillator.(2)
“Active managerial control” means that the risks at the pool are being managed so that the pool is in compliance pursuant to ch. ATCP 76, or conditions are monitored so that corrections necessary for compliance are in progress.(3)
“Activity pool” means a water attraction with a depth greater than 24 inches or 61 centimeters designed primarily for play activity that uses constructed features and devices, including pad walks, flotation devices, and similar attractions.(4)
“Administrative follow-up” means validation of a corrective action by the operator of a violation through electronic or other effective means by the department or its agent. (5)
“Adult” means a person 18 years of age or older.(6) “Agent” means the city, county, or village designated by the department pursuant to s. 97.615 (2), Stats., and ch. ATCP 74, to issue licenses to and make investigations or inspections of public pools and water attractions. (7) “Analyte” means a substance that a test is used to detect.
(8) “Approved” means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
(9)
“Attendant” means a person trained to control patrons in a safe and orderly manner.(10) “Barrier” means a fence, wall, or similar structure meeting the requirements pursuant to s. SPS 390.18 (4). (11) “Basin” means any vessel constructed of manmade materials designed to hold or receive water, including the splash zone of an interactive play attraction, or a run-out slide.
(12) “Breakpoint chlorination” means to create a hygienic environment in the pool by raising the free available chlorine level to 10 times the combined chlorine level to achieve the destruction of chloramines.
(13) “CPR” means cardiopulmonary resuscitation.
(14) “Certified operator” means an operator who is certified by successful completion of at least one of the following training courses:
(a)
The Pool and Hot Tub Alliance certified pool operator course.(b)
The National Recreation and Park Association aquatic facility operator course.(c)
An equivalent course approved by the department.(15) “Change of operator” means an existing license holder that sells or otherwise transfers ownership or operation of a pool to another person.
(16) “Children’s slide” means a slide that has a maximum height of 4 feet or 1.2 meters as measured vertically from the slide entrance to slide terminus and is located in less than 24 inches or 61 centimeters of water.
(17) “Cold soak pool” means a pool that uses cold water for therapy.
(18) “Combined chlorine” means the combination of free chlorine with other substance in the water.
(19) “Core item” means all of the following: (a) A provision in this rule that is not designated as a priority item or a priority foundation item.
(b) An item that usually relates to general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design, or general maintenance.
(20) “Current pool” means a pool that creates a current for the purpose of exercise.
(21) “Death, injury, or illness report” means the written record of all facts regarding an incident resulting in bodily harm that requires assistance from emergency medical personnel for a pool or its associated buildings and structures, including a locker room, equipment room, deck, shower, and toilet facilities.
(22)
“Deck” means the approved, unobstructed walking surface immediately adjacent to a pool.(23)
“Deep portion” means a portion of a pool having a design water depth greater than 5 feet or 1.5 meters.(24)
“Department” means the Wisconsin department of agriculture, trade and consumer protection.(25)
“Drop slide” means a slide where the terminus is located 20 inches or 50.8 centimeters or more above the water level. (26) “Electrical interconnection” means, in connection with a pool, where the recirculation pump and the chemical feed unit are interconnected in such a way that when the recirculation pump power is interrupted or lost, the power to the chemical feed unit is also disabled.
(27) “Enclosure” means the area within the barrier that separates the pool or water attraction area from other areas of the building or premises.
(28)
“Engineer” means a registered professional engineer licensed in Wisconsin.(29)
“Entry access point” means the area in which a patron enters a water attraction.
