The Division of Safety and Buildings within the Department of Commerce is responsible for protecting the health, safety and welfare of the public by establishing reasonable and effective safety standards for the construction, repair and maintenance of public buildings and places of employment. Chapter
Comm 90, Design and Construction of Public Swimming Pools, consists of minimum requirements that apply to the design and construction of all new public swimming pools, including whirlpools and water attractions, and to the reconstruction or alteration of any existing public swimming pool.
Section
101.19, Stats., provides the department the authority to fix and collect fees, which shall be as close as possible to the cost of providing the service.
Section
145.26, Stats., provides the department the authority for the establishment of administrative rules; defines public swimming pool and water attraction; provides authority for the department to establish fees for plan review and violations of this chapter. The statues also require plan submittal and approval prior to any construction, alteration or reconstruction of a public swimming pool.
The proposed rules are created to revise a portion of chapter Comm 90, Design and Construction of Public Swimming Pools, while considering a draft model standard for water parks, ANSI/NSPI-9, Standard for Aquatic Recreation Facilities. This national standard is not being officially adopted by reference, with permission, but was used as a base code, and subsequently modified for use in Wisconsin. The major proposed revisions to chapter Comm 90 relate to the creation of two subchapters:
Subchapter IV—Water Attractions, which includes water parks and other water attractions such as interactive play features, and Subchapter V—Slides, which is being created and expanded to address these common pool features.
Minor changes to the remainder of chapter Comm 90 were made either for consistency with the newly created subchapters, creating rules for slides and other play features installed in pools or water parks, or to reflect provisions in chapters Comm 81 to 87, the state uniform plumbing code and chapters Comm 61 to 65, the state commercial building code.
In addition, section
Comm 2.68, Fees, is proposed for minor revisions to fees for associated slides, and plan review and inspection fees for water attractions and water attraction complexes.
The following summarizes by section the more significant revisions proposed in this rule revision.
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Subchapter headings are created to assist in directing users to specific areas of the code. For example, slides are no longer contained within the same section as swimming pools; provisions for water attractions also are now contained in a separate subchapter.
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Section
Comm 90.03: With the addition of definitions specific to water attractions and play features, this section has been repealed and recreated. New definitions include: interactive play attraction and specific titles for water attractions to be consistent with NSPI-9.
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Section
Comm 90.04: The plan review and approval provisions are being revised to include the requirements for water attractions and slides. Submittal details have been revised to reflect the numerous items common to public swimming pools as well as pool and water attraction complexes.
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Section
Comm 90.11: Recirculation and turn over times have been revised to more accurately reflect industry standards and known health-related concerns.
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Sections
Comm 90.13 and
90.14: Minor revisions to the construction of public swimming pools are included in this revision. These revisions include performance standards for pool circulation systems and the location of hosebibbs provided for pool maintenance.
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Section
Comm 90.16: The layout and materials for dressing areas, shower rooms and toilet facilities have been revised to reflect the state commercial building code, chapters Comm 61 to 65. Revised sanitary fixture counts are proposed to address sanitation needs, particularly in instances where sanitary facilities are already available and accessible. Fixture counts are based on cumulative area of surface water of all pools and water attractions within a complex.
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Section
Comm 90.18: For water-conserving measures as well as acknowledging turnover times needed to initially treat water, whirlpools and wading pools may be filled using pool water, providing that water meets standards as specified in section
HFS 172.09 (2).
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Sections
Comm 90.20,
90.205 and
90.206: A new subchapter is proposed to specifically address water attractions, play features and interactive play attractions. The sections contained in this subchapter are additions and modifications to a draft model standard for water parks, ANSI/NSPI-9, Standard for Aquatic Recreation Facilities. Basic principles of water attraction design are enumerated in this new subchapter; many design parameters allow designers flexibility while providing the necessary health and safety features for the user.
- Permanently installed play features are being addressed in this rule revision. Design and installation specifications are provided in responding to user safety issues such as entrapment, falls and other safety hazards.
- Interactive play features, commonly known as splash pads, are being addressed in this rule revision; these include items which may use water for user play. Provisions include water quality and supply, turnover times and recirculation, access points and fencing.
• Section
Comm 90.30: Subchapter V is proposed regarding the design, manufacture and installation of all slides installed as appurtenances to public swimming pools or water attractions. Installation parameters are detailed in Table 90.30-1 by slide type; slides are now defined by height, amount of water running through the flume and depth of water at entry.
•Sections
Comm 90.40 and
90.405: Subchapter VI, Incorporation of Standards, is created. Two standards are being adopted: ANSI/NSF 50-2001 and ANSI/ASME A112.19.8M-1987 (R1996). Section
Comm 90.405 comprises previous section
Comm 90.21, Enforcement.
• Appendices: Proposed additions to the appendix include updated information regarding submittals and fees as well as representatives of the department who are authorized to conduct construction inspections as provided in this chapter. In addition, a listing of nationally recognized agencies that are deemed accepted to the department is included. Other items have been added for clarification purposes or reprinting of pertinent sections of chapters Comm 81-87, the state uniform plumbing code.
A comparison of the four neighboring states found that all states have regulations for public swimming pools. The depth of the regulation is inconsistent however, as Iowa requires only registration whereas Minnesota, Illinois and Michigan require pool plan approval prior to construction. The emphasis of this proposal is on water attractions (waterslides, splash pads, activity pools, etc.) and Wisconsin's neighboring states have various mechanisms (or lack of mechanisms) for addressing new technology and imaginative designs. Illinois has addressed the water attraction design variability by allowing individual review for any installation that is not specifically addressed in the code. The Illinois code also has specific language for spray pads (interactive play attractions), slides and lazy rivers (leisure rivers). Michigan has rules for waterslide and pool slide construction and installation while Minnesota requires an individual approval where the designer must prove a design's compliance with the intent of the code.
An internet search was conducted to review and compare any federal rules or proposed federal rules for “water attractions", “water parks", “water recreation facilities" and “public swimming pools." No Federal rule or proposed rule was found that addresses public swimming pools, water parks or in-pool water attractions or play devices.
An internet search to review and compare any federal rules or proposed federal rules for “pool slides" resulted in the finding of 16CFR, Part 1207, Consumer Product Safety Commission Standards regarding swimming pool slides (revised January 2004). It is found that 75% of pool slides are installed in residential pools, not within the scope of this rule. No Federal rule or proposed rule was found that addresses the manufacture, construction or installation of water slides as they exist in today's water parks.
The proposed rule revisions were developed with the assistance of the Commerce Pool Advisory Code Council. This council consists of the following individuals:
Name - Representing
Dave Baker - Pool Operators
Bill Branson - City of LaCrosse/Plumbing Inspectors
Tracynda Davis/David St. Jules - Wisconsin Department of Health & Family Services
Duane Jackson - Wisconsin Environmental Health Professionals
Roxanne Johnson - Ramaker & Associates / Engineers
Juliene Heftner/Tom Carrico - Wisconsin Park & Recreation Association
Daryl Matzke (past chair) - Ramaker & Associates / Pool Designers
Chuck Neuman/Dean Mueller - World Water Park Association
Bill Rollins - Stubenrausch/Pool Designers
Peter Simon (chair) - Neuman Pools Inc./ Pool Designers
Sean O'Connor - Badger Swim Pools/ Pool Construction Contractors
Doug Voegeli - Madison Dept. of Public Health/Municipal Agents
Jack Waterman - Wisconsin Innkeepers Association
The proposed rules and an analysis of the proposed rules are available on the Internet at the Safety and Buildings Division web site at:
Environmental Analysis
Notice is hereby given that the Department has considered the environmental impact of the proposed rules. In accordance with ch.
Comm 1, the proposed rules are a Type III action. A Type III action normally does not have the potential to cause significant environmental effects and normally does not involve unresolved conflicts in the use of available resources. The Department has reviewed these rules and finds no reason to believe that any unusual conditions exist. At this time, the Department has issued this notice to serve as a finding of no significant impact.
Initial Regulatory Flexibility Analysis
1. Types of small businesses that will be affected by the rules.
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Hotel/motel industry where construction or alteration includes a public pool, water slide, water attraction or play feature may be made.
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Apartment complexes or campgrounds where construction or alteration includes of a public pool, water slide, water attraction or play feature may be an amenity.
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Newly constructed or altered municipally-owned pools, water slides, water attractions or play features.
2. Reporting, bookkeeping and other procedures required for compliance with the rules.
None enumerated.
3. Types of professional skills necessary for compliance with the rules.
No additional skills are required to comply with this rule.
Fiscal Estimate
This order revises the Department's rules for licensing emergency medical technicians - intermediate (EMTs - intermediate). Revision of the rules will not significantly affect the expenditures or revenues of state government or local governments. The only additional costs would be associated with increased training hours for those services that want to be licensed at the new EMT-Intermediate level. There is no requirement for services to upgrade to this level of service, so any additional costs would be the result of the service wanting to increase their level of care.
Notice of Hearing
Health and Family Service
(Health, Chs.
110—)
Notice is hereby given that pursuant to ss.
227.16 (1),
227.17 and
227.18, Stats., the Department of Health and Family Services will hold a public hearing to consider the proposed amendment of s.
HFS 158.04, relating to the fee for monitoring radiation emissions in the vicinity of nuclear power plants.
Hearing Information
The public hearing will be held:
Date & Time Location
June 22, 2004 1 W. Wilson St
Tuesday Room B155
1-2 pm Madison, WI
The hearing site is fully accessible to people with disabilities. If you are hearing or visually impaired, do not speak English, or have circumstances that 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 given above at least 10 days before the hearing. With less than 10 days notice, an interpreter may not be available.
Deadline for Comment Submission
Written comments for this rule that are submitted using the Department's website or which the Department receives by mail or email to the contact person listed below, no later than 4:30 p.m., June 25, 2004, will be given the same consideration as testimony presented at the hearing.
Analysis Prepared by the Department of Health and Family Services
Under s.
254.41 of the Wisconsin statutes, the Department of Health and Family Services is responsible for monitoring radiation emissions around nuclear plants operating in or near Wisconsin. The Department assesses a fee to operating nuclear plants in Wisconsin that supports the Department's and local health agencies' collection of emissions and analysis activities. Chapter
HFS 158 specifies the Department's annual base fee, which is currently $47,500. Chapter
HFS 158 also allows the Department to raise the fee each year based on changes in the consumer price index. Consequently, the current fee is $55,940.
The Department's monitoring costs over the past 13 years have risen at a rate exceeding that of the consumer price index. In addition, federal and other funding sources that also supported monitoring activities have either been eliminated or reduced. Consequently, the fee has become the primary funding source for monitoring activities. In response to these revenue losses, the Department reduced the scope of monitoring activities rather than raise the base fee in ch.
HFS 158. However, the Department cannot further reduce monitoring activities without compromising minimal national standards. Therefore, to continue to monitor activities at a minimum level consistent with national standards, the Department is proposing to increase the base fee in ch.
HFS 158 to $95,000.
Statutory Authority
The Department's authority to amend and create these rules is found in s.
254.41, Stats.
Statutes Interpreted
The rules interpret s.
254.41, Stats.
Fiscal Estimate
The Department of Health and Family Services is mandated by s.
254.41, Stats., to conduct environmental radiation monitoring within 20 miles of any nuclear plant impacting Wisconsin. The Department assesses an annual fee to the operating plants in Wisconsin that supports the Department's sample collection and analysis activities. The fee established in rule may be increased annually by the cost of living index. The current fee is $55,940. Since the last fee increase by administrative rule in 1991, program costs have increased faster than the cost of living index. As a result, the Department is proposing to increase the fee in ch.
HFS 158 to $95,000.
The environmental monitoring program consists of 1.0 FTE with an SFY 2004 operating budget of $206,864. SFY personnel costs are $89,428 (salary and fringe) with total capital, supplies and services of $117,436. SFY 2004 operating revenue of $176,090 is derived from annual fees, voluntary contributions from the nuclear utility industry and SFY 03 carryover. The department projects a program deficit of $30,774 in SFY 04.
The fiscal effect on the utilities operating nuclear plants in Wisconsin will be minimal.
Effect on Small Business
This proposed rule change will not affect small businesses.
For More Information
A copy of the full text of the rule and the full text of the fiscal estimate, and other documents associated with this rulemaking may be obtained, at no charge, from the Wisconsin Administrative Rules website at
http://adminrules.wisconsin.gov. At this website, you can also register to receive email notification whenever the Department posts new information about this rulemaking. During the public comment period, you can submit comments on the rulemaking order and view comments that others have submitted about the rule.
A copy of the full text of the rule and the fiscal estimate may also be obtained by contacting:
Paul Schmidt
Chief, Radiation Protection Section
P.O. Box 2659
Madison, WI 53701-2659
