ATCP 76.34(4)(a)1m.1m. Except as provided under subd.
2m. and par.
(b), all
pool
areas
shall
be
enclosed
P and
have gates and doors that are all of the following:
ATCP 76.34(4)(a)2m.
2m. This paragraph does not apply to emergency doors that cannot be opened from the outside of the pool enclosure.
ATCP 76.34 Note
Note: A primary entrance to a pool enclosure in which multiple doors must be passed through is considered to have a self-closing, latching, and lockable gate or door, if any of doors in the sequence are self-closing, latching, or lockable.
ATCP 76.34(4)(b)
(b)
Gates and doors — lifeguarded area. Gates and doors in a lifeguarded pool area shall meet all of the following:
ATCP 76.34(4)(b)1.
1. If gates and doors are not self-closing and latching, the gates and doors to the pool shall be staffed with an attendant and at least one lifeguard shall be present.
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ATCP 76.34(4)(b)2.
2. Documentation for staffing shall be included in the lifeguard staffing plan.
Pf
ATCP 76.34(5)
(5)
Signage. During closed
hours,
a
sign
shall
be
conspicuously
posted stating that the pool, pool slide, waterslide, and deck are
closed.
ATCP 76.34 Note
Note: See
s.
SPS 390.18 (4) for
additional
rules
relating
to
the
outdoor
pool
enclosure.
ATCP 76.34(6)(a)(a)
Restrictions. Landscaping planters, pots, or other plant containers may not be placed on the required deck area.
ATCP 76.34(6)(b)
(b)
Separation. 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.
ATCP 76.34(6)(c)
(c)
Maintenance. Landscaped areas within a pool enclosure shall be continually maintained to prevent debris from entering the water.
ATCP 76.34(6)(d)
(d)
Trees. Trees used as
landscaping
features
may
not
overhang
the
required
deck
area.
ATCP 76.34(6)(e)
(e)
Sand. Sand may not be located within a pool enclosure unless the sand area is made inaccessible from the pool area by
a barrier
that
is
at
least
42
inches
high. Alternatively there may be controlled entrances to the pool area if the entrances are controlled and provided with showers.
ATCP 76.34 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; renum. of (4) (a) (intro.), 1. to 4., 5. to (4) (a) 1m. (intro.), 1m. a. to d. and 2m. made under s.
13.92 (4) (b) 1., Stats., (4) (b) title created under s.
13.92 (4) (b) 2., Stats., and corrections in (4) (a) 1m. made under ss.
13.92 (4) (b) 4. and
35.17, Stats.,
Register June 2023 No. 810.
ATCP 76.35
ATCP 76.35
Waterslide and pool slide design. ATCP 76.35(1)(1)
Designed and installed. All
waterslides
and
pool
slides
shall
be
designed
, installed, and lubricated pursuant to s.
SPS 390.31.
Pf
ATCP 76.35(2)
(2)
Continuously separated. The portion of the pool water surface that is used as a plunge area for a drop slide or waterslide shall be continuously separated from
other
areas
of
the
pool
in
a
manner
approved
by
the department or its agent, as long as the slide is in
use.
P
ATCP 76.35 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.36
ATCP 76.36
Water attraction, play features, and slide design. ATCP 76.36(1)(1)
General. Water attraction, play features, and slide design shall meet all of the following:
ATCP 76.36(1)(a)
(a)
Design and construction requirements. 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.
Pf
ATCP 76.36(1)(b)
(b)
Free from hazardous projections. Interior
and
exterior
parts
of
any 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.
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ATCP 76.36(1)(c)
(c)
Padding. 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,
pursuant to s.
SPS 334.01 (15).
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ATCP 76.36(1)(d)
(d)
Enclosure of hazardous parts. All hazardous parts, including 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).
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ATCP 76.36(1)(e)
(e)
Guards. Guards removed for any purpose shall be replaced before normal operation of the water attraction is resumed.
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ATCP 76.36(1)(f)
(f)
Wheels and levers. 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.
Pf
ATCP 76.36(1)(g)
(g)
Fences and barriers. 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.
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ATCP 76.36(1)(h)
(h)
Fence design and construction. Fences shall be constructed to meet all of the following requirements:
ATCP 76.36(1)(h)1.
1. Be at least 42 inches above the surface on which the spectators or patrons
stand.
Pf
ATCP 76.36(1)(h)2.
2. Constructed to reject a 4 inch ball at all openings, including
between
the
bottom
of
the
fence
and
the
surface upon which it
rests.
P
ATCP 76.36(1)(h)3.
3. Be designed, constructed, and erected to inhibit overturning by spectators or
patrons.
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ATCP 76.36(1)(h)4.
4. Where used, gates shall open away from the water attraction unless equipped with a self-closing latching device.
Pf
ATCP 76.36(1)(i)
(i)
Gate opening. 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.
P
ATCP 76.36(1)(j)
(j)
Separation. Fences and gates shall be constructed to
inhibit
spectator contact
with
the
water
attraction
and
patron
contact
with
fences
or gates.
Pf 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.
ATCP 76.36(1)(k)
(k)
Loading and unloading areas. Loading
and
unloading
areas
that
are
an
integral
part
of the
water
attraction
shall
be
separated
from
moving
parts
by
barriers or
guardrails.
P
ATCP 76.36(1)(L)
(L)
Preventing access. 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.
Pf
ATCP 76.36(1)(m)
(m)
Moving sweeps. 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.
Pf
ATCP 76.36(1)(n)
(n)
Spectator area. Where
a
spectator
area
is
provided,
it
shall
be
separated
by a railing or other barrier from the water area.
Pf
ATCP 76.36(2)
(2)
Interactive play attractions. Interactive play attractions shall meet all of the following requirements:
ATCP 76.36(2)(a)
(a)
Attendant requirements. If access to the interactive play attraction is not restricted by
an
enclosure,
an
attendant
shall
be
present
to
provide
periodic supervision.
P
ATCP 76.36(2)(b)
(b)
Water drains. Water drains shall be in good working condition.
Pf
ATCP 76.36(2)(c)
(c)
Tree and vegetation prohibited. Trees
and
vegetation
may
not
be
allowed
in
the
interactive play attraction
area.
ATCP 76.36(2)(d)
(d)
Daily opening procedures. Water spray features shall be activated for 30 minutes before the daily opening of the interactive play attraction.
Pf
ATCP 76.36(2)(e)
(e)
Ring buoy and shepherd's crook. A ring buoy and shepherd's crook are not required to be present for an interactive play attraction.
ATCP 76.36 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.37
ATCP 76.37
Maintenance, repair, and modifications of water attractions. ATCP 76.37(1)(a)
(a)
Maintained safe.
Water attractions shall be maintained, repaired, and modified in accordance with recognized safe practice as defined in s.
SPS 334.01 (15).
P
ATCP 76.37(1)(b)
(b)
Closure. Improperly
maintained,
repaired,
or
modified
water
attractions may not be opened to the public.
P
ATCP 76.37(1)(c)1.1. Defective, improper, worn, or missing parts shall be replaced or repaired.
ATCP 76.37(1)(c)2.
2. Maintenance, repair, and replacement parts shall be of a quality equal to or better than the original parts.
P
ATCP 76.37(1)(c)3.
3. All work shall be performed by a competent qualified mechanic capable of understanding the function of the parts and the proper
installation.
Pf
ATCP 76.37(1)(c)4.
4. Non-graded bolts, nails, fasteners, and wire shall be used only for their intended
purposes.
Pf
ATCP 76.37(1)(c)5.
5. Rotted, split, or otherwise structurally unsound material shall be
replaced.
Pf
ATCP 76.37(2)(a)1.1. The owner shall arrange for all water attractions to be periodically inspected and for operational tests to be performed as specified in this subsection.
ATCP 76.37(2)(a)2.
2. Such inspections and tests shall be documented by written records and
the
records
shall
be
kept
pursuant to s.
ATCP 76.32 (3) (b).
ATCP 76.37(2)(b)1.
1. Water attractions shall be inspected and their operation tested each day before use by patrons.
P
ATCP 76.37(2)(b)2.
2. The inspection and operational test shall include the operation of all control devices and safety equipment.
P
ATCP 76.37(2)(c)
(c)
Waterslide inspection. Every 5 years, all waterslides 6 feet and higher 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.
ATCP 76.32.
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ATCP 76.37 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.38
ATCP 76.38
Virginia Graeme Baker Act. The operator shall ensure all the following for compliance with the Virginia Graeme Baker Act:
ATCP 76.38(1)(a)(a)
New pools. For a newly constructed pool, the operator shall have approved plans from the Wisconsin department of safety and professional services and shall maintain the pool plans onsite.
P
ATCP 76.38(1)(b)
(b)
Existing pools. For a pool constructed before the effective date of this rule, the operator shall provide at a minimum, the pump curve and the drain cover specification.
P
ATCP 76.38(2)
(2)
Documentation. Documentation shall include all of the following:
ATCP 76.38(2)(a)
(a)
Log maintenance. The operator shall maintain a log that can be used to evaluate the drain covers.
ATCP 76.38(2)(b)
(b)
Components. The log shall include all the following components related to the drain cover:
ATCP 76.38(2)(c)
(c)
Receipts or affidavits. In lieu of a log, receipts or affidavits from a pool service company shall be acceptable documentation as long as the make and model are indicated.
Pf
ATCP 76.38(2)(d)
(d)
Available. Documents shall be provided to the department or its agent upon request.
Pf
ATCP 76.38 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; renum. (1) (a) 1., 2. to (1) (a), (b) under s.
13.92 (4) (b) 1., Stats., and correction in (1) (a) (title) and creation of (1) (b) (title) under s.
13.92 (4) (b) 2., Stats.,
Register June 2023 No. 810.
