Register February 2017 No. 734
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 SPS 390 Note Note: Chapter HSS 171 as it existed on November 30, 1989 was repealed and a new chapter HSS 171 was created effective December 1, 1989; Chapter HSS 171 was renumbered Chapter ILHR 90, Register, March, 1994, No. 459, eff. 4-1-94;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 Chapter Comm 90 as it existed on February 28, 2009, was repealed and a new chapter Comm 90 was created effective March 1, 2009.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. ATCP 76 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 390.01Authority 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 390.02Application.
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. ATCP 76, 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 390.03Definitions. 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. 97.01 (1g), Stats.
SPS 390.03 Note Note: Section 97.01 (1g), Stats., reads: “Bed and breakfast establishment” means any place of lodging that satisfies all of the following:
SPS 390.03 Note (a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or transients.
SPS 390.03 Note (b) Provides no meals other than breakfast and provides the breakfast only to renters of the place.
SPS 390.03 Note (c) Is the owner's personal residence.
SPS 390.03 Note (d) Is occupied by the owner at the time of rental.
SPS 390.03 Note (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.
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.
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.