Section 254.47(1), Stats., directs the Department to define “public swimming pool,” in rule, for purposes of the regulatory program. The current rule definition has not been changed for many years and has some resulting ambiguity, one reason being that some types of facilities are called by new names.
The requirements under s. HSS 172.05(2)(a)3. for lifeguard certification have to be modified due to changes in American Red Cross and the American Heart Association courses. The rule changes will ensure that all lifeguards are qualified to fulfill their duties as specified in ch. HSS 172. The exception under s. HSS 172.05(2)(c) to lifeguard certification for persons holding a current American Red Cross Water Safety Instructor certificate is removed. This is because the American Red Cross Water Safety Instructor certification course no longer includes course work in lifesaving methods. The change, however, will allow persons currently certified under the old program to continue the use of that certification until it expires.
New lifeguard training incorporates use of rescue tubes. These tubes are therefore made required equipment when lifeguards are provided.
These changes in ch. HSS 172 have been in effect since June 22, 1996, when emergency rules were published.
Contact Person
To find out more about the hearing or to request copies of the proposed rules, write or phone:
Elmo Smyth
Bureau of Public Health
Room 88
1414 E. Washington Ave.
Madison, Wisconsin 53703
608-266-8294 or,
if you are hearing impaired,
608-266-1511 (TDD)
If you are hearing or visually impaired, do not speak English, or have other personal circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter, or a non-English, large print or taped version of the hearing documents, contact the person at the address or phone number above. A person requesting a non-English or sign language interpreter should make that request at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received at the above address no later than September 5, 1996, will be given the same consideration as testimony presented at a hearing.
Fiscal Estimate
The permit fee increases are to cover increased program costs. The total fee increase is $142,580. The Department regulates 16,275 establishments. A few campgrounds, camps and swimming pools regulated by the Department are operated by the Wisconsin Department of Natural Resources or by local governments. The fee increases are modest.
The amendments to rules for operation of public swimming pools clarify and update the definition of “public swimming pool,” update requirements for lifeguard certification and add rescue tubes as required equipment for lifeguards. Although Department staff regulate 974 public swimming pools and agent local government health department staff regulate 1092 public swimming pools, these rule changes will not affect the costs of administration of state government or local governments. Nor are costs expected to increase for the more than 400 public swimming pools in the state that are operated by state government or local governments, including school districts. Although the rulemaking order adds a requirement that a pool that provides lifeguards have a rescue tube available for each lifeguard, pools are likely to already have rescue tubes for their lifeguards because in 1995 the American Red Cross and other lifeguard certification programs made the use of rescue tubes part of training for certification.
Initial Regulatory Flexibility Analysis
A. Permit Fee Increases
These rule changes apply to all restaurants, hotels, motels, tourist rooming houses, bed and breakfast establishments, food and beverage vending operations and commissaries, campgrounds, camps and public swimming pools issued permits by the Department. Most of these facilities are small businesses as “small business” is defined in s. 227.114(1)(a), Stats.
The rules provide for an increase of about 10% in permit fees and also an increase in preinspection fees. The fee increases are to cover increased costs of program administration.
There is some variation in the new fees, as there is in the current fees, depending on the size of operations. For campgrounds the new annual fee ranges from $90 to $145, depending on number of campsites. For hotels and motels, the new annual fee ranges from $105 to $180, depending on number of rooms. For restaurants there is variation depending on type of restaurant and whether there are any physically separate food holding, serving or preparation areas. The variation is related to the amount of time that it takes to complete an inspection.
B. Public Swimming Pools
Many hotels, motels and apartment complexes that operate swimming pools are small businesses as defined in s. 227.114(1)(a), Stats. These small businesses will be affected by the changes being made through this order in ch. HSS 172, along with schools, government agencies, municipalities and private associations that operate swimming pools.
The purpose of the Department's rules for operation of public swimming pools is to protect the health and safety of the public. The rules provide a basis for enforcement action by the Department and agent county and city health departments.
The rule changes clarify and update the definition of public swimming pools; update lifeguard certification requirements so that they are consistent with changes made in American Red Cross and American Heart Association lifeguard and water safety instructor training courses and certifications; and require every lifeguard to have a rescue tube.
The proposed rule changes do not impose new reporting or bookkeeping procedures on pool operators. No new professional skills are necessary for pool operators to comply with the proposed changes.
Notice of Hearing
Health & Family Services
(Health, Chs. HSS 110--)
Notice is hereby given that pursuant to ss. 50.02 (2) (a) and (b) 2. and 50.36 (1) and (2) (b), Stats., as affected by 1995 Wis. Act 27, the Department of Health and Family Services will hold a public hearing to consider the proposed amendment of chs. HSS 124, 132 and 134, Wis. Adm. Code, relating to fees for the review of hospital, nursing home and facility for the developmentally disabled (FDD) construction plans, and emergency rules now in effect on the same subject.
Hearing Information
The public hearing will be held:
August 30, 1996 Room 141
Friday State Office Building
Beginning at One W. Wilson Street
9:00 a.m. MADISON, WI
The hearing site is fully accessible to people with disabilities. Parking for people with disabilities is available in the parking lot behind the building or in the Doty Street Parking Ramp. Disabled people may enter directly from the parking lot at the west end of the building or from Wilson Street through the side entrance at the east end of the building.
Analysis Prepared by the Dept. of Health & Family Services
Until recent enactment of the State Budget for 1995-97, 1995 Wis. Act 27, construction plans for nursing homes, hospitals and facilities for the developmentally disabled (FDD) were subject to review and approval by two state agencies. The Department of Industry, Labor and Human Relations (DILHR) reviewed the plans for conformance to the State Building Code, chs. ILHR 50 to 64, Stats. The Department of Health and Social Services (DHSS), the licensing agency, reviewed the plans for conformance to the Life Safety Code. Act 27 provided for consolidation of plan review and approval responsibility in the Department of Health and Social Services effective October 1, 1995. On that date, DILHR's nursing home, hospital and developmentally disabled facilities construction plan review responsibility and functions were transferred to DHSS. The State Building Code, however, remained a DILHR responsibility because it applies to other buildings in addition to those facilities. Through this rulemaking order, the Department of Health and Family Services (the new name for what was the Department of Health and Social Services) is incorporating in its licensing rules for nursing homes, hospitals and facilities for the developmentally disabled references to the parts of the State Building Code that are relevant for its new review of facility construction plans for conformance with the State Building Code, and establishing plan review fees.
Sections 50.02 (2) (b) and 50.36 (2), Stats., as affected by 1995 Wis. Act 27, direct the Department to conduct plan reviews of all capital construction and remodeling projects for nursing homes, hospitals and facilities for the developmentally disabled to ensure that the plans comply with building code requirements under ch. 101, Stats., and with physical plant requirements under ch. 50, Stats. Sections 50.02 (2) (b) and 50.36 (2), Stats., as affected by Act 27, further provide that the Department's fees for conducting the reviews are to be less than the sum of the amounts charged on September 30, 1995, for plan review under ch. 50, Stats., and for examination of hospital, nursing home and facility for the developmentally disabled plans under s. 101.19 (1) (a), 1993 Stats.
The Department, beginning October 1, 1995, under the authority of s. 9126 of 1995 Wis. Act 27, has been collecting fees for the combined plan reviews that are equal to the sum of the fees collectible on September 30, 1995, under ss. 50.02 (2) (b) and 50.36 (2), 1993 Stats., and s. 101.19 (1) (a), 1993 Stats. The Department continued to collect fees calculated on that basis through June 30, 1996, at which time the new fees went into effect by emergency order. The new fees are 95 percent of the sum of the separate fees.
Through this rulemaking order, the Department is also dividing subch. V of ch. HSS 124, rules for hospitals, into 10 sections, for ease of reference and to give greater visibility to major divisions of the subchapter. Until July 1, 1996, the entire subchapter, which relates to physical environment, consisted of one section, s. HSS 124.27.
Contact Person
To find out more about the hearing or to request a copy of the rules, write or phone:
Larry Hartzke, (608) 267-1438 or,
if you are hearing-impaired, (608) 267-9880 (TDD)
Bureau of Quality Assurance
Division of Supportive Living
P.O. Box 309
Madison, WI 53701
If you are hearing- or visually-impaired, do not speak English, or have circumstances which might make communication at a hearing difficult and if you, therefore, require an interpreter or a non-English, large print or taped version of the hearing document, contact the person at the address or phone number shown above. People requesting a non-English or sign language interpreter should contact the person at the address or phone number given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Written comments on the proposed rules received at the above address no later than September 6, 1996 will be given the same consideration as testimony presented at the hearing.
Fiscal Estimate
This rulemaking order establishes procedures for calculating fees the Department will charge for review of hospital, nursing home and facility for the developmentally disabled (FDD) construction or remodeling plans for compliance with both the Life Safety Code and the State Building Code.
The Department's fees for construction/remodeling plan review will be 95% of what the fees would have been if calculated separately by the two agencies doing reviews before 1995 Wis. Act 27 consolidated plan review responsibilities in the Department of Health and Social Services.
The rules will not affect expenditures or revenues of state government or local governments. State government operates 3 hospitals and 7 nursing homes and FDD's, and local governments (counties and cities) operate 5 hospitals and 76 nursing homes and FDD's. The rules provide that hospitals, nursing homes and FDD's that submit construction/remodeling plans for consolidated review by the Department will receive a 5% reduction in fees; however, this reduction is consistent with the intent of Act 27.
Initial Regulatory Flexibility Analysis
These rule changes will affect hospitals, nursing homes and facilities for the developmentally disabled (FDD's) that propose to undertake new construction or remodeling. Their plans for new construction or remodeling are subject to review and approval by the Department. About 185 of the 466 nursing homes and facilities for the developmentally disabled are small businesses as defined in s. 227.114 (1) (a), Stats.
The rule changes will not add to facility reporting or record-keeping requirements nor will they require new professional skills for compliance with the rules. The Department is simply incorporating in its rules parts of the State Building Code that are relevant for its new review of facility construction plans for conformance with the State Building Code, and is revising its plan review fees so that they are 95% of the sum of the fees previously charged by the two state agencies that reviewed the plans before October 1, 1995.
Notice of Hearings
Health & Family Services
(Health, Chs. HSS 110--)
Notice is hereby given that, pursuant to s. 252.04(1), (2) and (10), Stats., the Department of Health and Family Services will hold public hearings to consider the amendment of ch. HSS 144, Wis. Adm. Code, relating to immunization of students, and the amendment of ch. HSS 146, Wis. Adm. Code, relating to vaccine-preventable diseases.
Hearing Information
August 26, 1996 Room 450
Monday North Central Technical College
1 p.m. to 3 p.m. 1000 Campus Drive
Wausau, WI
August 27, 1996 Room 291
Tuesday Washington Square Office Bldg.
1 p.m. to 3 p.m. 1414 E. Washington Avenue
Madison, WI
August 28, 1996 Conference room #1
Wednesday Italian Community Center
1 p.m. to 3 p.m. 631 E. Chicago Street
Milwaukee, WI
The hearing sites are fully accessible to people with disabilities.
