Chapters
Comm 60 to
66, Wisconsin Commercial Building Code.
Chapters
Comm 81 to
87, Wisconsin Uniform Plumbing Code.
Summary of proposed rules
The primary revisions to chapter Comm 90 reflect the most current edition of the American National Standards Institute/International Aquatics Foundation (ANSI/IAF) requirements for public swimming pools and aquatic recreation facilities. The proposed rules contain a number of modifications to the technical requirements within these standards, reorganization of current requirements and editorial changes. The public swimming pool portion of chapter Comm 90 has not been significantly revised since 1994 when the public swimming pool program was transferred to the Department of Commerce from the Department of Health and Family Services. The proposed code requirements include updates that reflect current technology and options for the design and installation of public swimming pools and water attractions. The proposed revision of chapter Comm 90 also combines the public swimming pools and water attractions sections of the present code.
The following is a summary of the major rule changes to this chapter:
a. Creates uniformity between the regulations for public swimming pools and water attractions.
b. Provides more consistency between Wisconsin's code and the national standards (ANSI/IAF–1, 2 and 9).
c. Provides clearer code language to eliminate the need for web interpretations on various issues (for example, vanishing edge pools).
d. Delineates requirements for entries and exits serving public swimming pools and water attractions.
e. Creates requirements and allowances for swimouts and underwater seats and benches.
f. Expands the requirement for automatic chemical controllers to public swimming pools. Current code requires controllers for water attractions.
g. Defines the enclosing building to be an acceptable barrier for indoor public swimming pools or water attractions.
Comparison with federal regulations
In December 2007, the United States Congress and President George Bush signed the Virginia Graeme Baker Pool and Spa Safety Act into law. This new federal law requires safety improvements in public pools and spas including the inspection and replacement of all drain covers with anti-entrapment devices or systems. Such devices or systems are expected to reduce injury due to the suction effects around drain outlets. The proposed revisions to Chapter
Comm 90 are intended to reflect the public pool and water attractions requirements of the Pool and Spa Safety Act Section 1404.
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, 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 for swimming pool slides (revised January 2008). It was found that 75 percent of pool slides are installed in residential pools and not within the scope of this proposal. No federal rule or proposed rule was found that addresses the manufacture, construction or installation of waterslides as they exist in today's water parks.
An Internet search to review and compare any federal rules or proposed federal rules for accessibility guidelines for persons with disabilities resulted in the finding of 36CFR, Part 1191, Architectural and Transportation Barriers Compliance Board's final rule on accessibility guidelines for recreational facilities for persons with disabilities (
Federal Register, Vol. 67, No. 170, February 3, 2002). The guidelines ensure that newly constructed and altered recreation facilities including public swimming pools and spas meet the requirements of the Americans with Disabilities Act (ADA). In addition, the Architectural and Transportation Barriers Compliance Board provided significant input to the ANSI/IAF–1 Public Pool Standard Committee and worked to ensure consistency between the ANSI/IAF–1 standard and the ADA accessibility guidelines. The proposed changes to Chapter
Comm 90 references Vol. 67, No. 170, of the
Federal Register, plus they are based on the ANSI/IAF–1 standard.
Comparison with rules in adjacent states
A comparison of the four adjacent states found that all had regulations for public swimming pools and require pool plan approval before construction. This proposal also relates to water attractions (waterslides, splash pads, activity pools, etc.) and Wisconsin's neighboring states have various mechanisms for addressing new technology and imaginative designs.
The following information was ascertained during an Internet-based search of adjacent states:
a. The Illinois Department of Public Health provides for the inspection and licensing of all public swimming pools, spas, waterslides, wading pools, and bathing beaches. Effective February 2003, the Department reviews all plans and specifications before construction can begin.
b. The Iowa Department of Public Health, Division of Environmental Health oversees the design, construction and reconstruction of public swimming pools. It issues permits and certifies that the plans for swimming pools, spas, wading pools, waterslides, wave pools, and spray pads comply with rules and statutes that were revised May 2005.
c. The Minnesota Department of Health provides plan review and construction inspection for all public pools within the state. The requirements include the design, construction, installation and alteration of a public pool including individual approval where the designer must prove a design's compliance with the intent of the code. The Department also is responsible for issuing permits.
d. The Water Bureau, Drinking Water and Environmental Health Section of the Michigan Department of Environmental Quality is responsible for issuing construction permits for public swimming pools (including spas, leisure pools, activity pools, water slide pools, and lazy rivers). The Department also requires a permit for the modification of any existing public swimming pool.
Summary of factual data and analytical methodologies
The primary methodology for updating the Wisconsin Administrative Code, chapter Comm 90 has been a review and assessment of the latest edition of the national technical standards for the design and construction of public swimming pools and water attractions. Staff prepared a comprehensive comparison of what is currently adopted under Comm 90 to the latest edition of the ANSI/IAF–1 Public Swimming Pools standard.
The Department's review and assessment process involved the participation of the Pool Advisory Code Council. The members of that Council represent many stakeholders involved in the pool and water attractions industry, including designers, manufacturers, inspectors, contractors and operators of public swimming pools. (A listing of the Pool Advisory Code Council is provided at the end of this analysis.)
The Department believes that the national model codes reflect current societal values with respect to protecting public health, safety and welfare in the design, construction, use, operation and maintenance of public swimming pools, water attractions and associated equipment. The ANSI/IAF use a process open to all parties in the development of its standards. More information on the development of these standards may be obtained from the ANSI web site at:
www.ansi.org.
Analysis and supporting documents used to determine effect on small business
The Department used the Pool Advisory Code Council to gather and analyze information on potential impacts in complying with both the technical and administrative requirements of the codes. Many small businesses belong to the industry associations that sit on the advisory council. A responsibility of council members is to bring forth concerns that their respective organizations may have with the requirements including economic impact.
In addition to posting rule development and council activities on the Department's web site, the Department offers an Email subscription service that is available to small businesses. This service provides Email notification of council meetings, meeting, agendas and council meeting progress reports so small businesses can follow proposed code changes.
It is anticipated this requirement will not have a significant impact on small businesses owning, designing, building, altering, or remodeling public swimming pools, water attractions and associated equipment.
Environmental Analysis
NOTICE IS HEREBY GIVEN that the Department has considered the environmental impact of the proposed rules. In accordance with chapter 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
Summary
The Department believes the rules will not increase the effect on small businesses from what the current rules impose on them. An economic impact report has not been required pursuant to s.
227.137, Stats.
Types of small businesses that will be affected by the rules.
The proposed rules will affect any business that owns or is involved with the design, construction, installation, repair, alteration, and reconstruction of public swimming pools, water attractions, and associated equipment.
Reporting, bookkeeping and other procedures required for compliance with the rules.
There are no additional reporting, bookkeeping or other procedures required for compliance with the rules.
Types of professional skills necessary for compliance with the rules.
There are no additional professional skills necessary for compliance with the rules.
Will rules have a significant economic impact on small businesses?
No.
Fiscal Estimate
Summary
The Safety and Buildings Division is responsible for administering and enforcing rules relating to the design, construction, alteration or reconstruction of public swimming pools, water attractions and associated equipment. The proposed rules are based upon the latest edition of the American National Standards Institute/International Aquatics Foundation (ANSI/IAF) requirements for aquatic recreation facilities (swimming pools and water attractions) and clarify existing technical requirements. The division does not anticipate that the proposed rules will increase its workload and the workload can be accommodated with current resources.
The proposed rules will not have a fiscal effect on other state agencies or local governments.
The proposed rules will not increase the effect from what the current rules impose on small businesses that own or are involved in the design, construction, alteration or reconstruction of public swimming pools and water attractions.
State fiscal effect
None.
Local fiscal effect
None.
Long-range fiscal implications
None are anticipated.
Notice of Hearing
Insurance
NOTICE IS HEREBY GIVEN that pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth in under s.
227.18, Stats., the Office of the Commissioner of Insurance will hold a public hearing to consider the adoption of a rulemaking order affecting sections
Ins 50.01,
50.05,
50.08,
50.10,
50.11,
50.12,
50.13,
50.14,
50.15,
50.16,
50.17,
50.18, Wis. Adm. Code, relating to audit, control and financial reporting requirements.
Hearing Information
Date: July 8, 2008
Time: 10:00 a.m.,
or as soon thereafter as the matter may be reached
Place: Office of the Commissioner of Insurance
Room 227, 125 South Webster St 2nd Floor
Madison, WI
Submission of Written Comments
Written comments can be mailed to:
James W. Harris
Legal Unit - OCI Rule Comment for Rule Ins 5000
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
James W. Harris
Legal Unit - OCI Rule Comment for Rule Ins 5000
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
James W. Harris
The deadline for submitting comments is 4:00 p.m. on the 7th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule and Agency Contact Person
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the OCI internet Web site at
http://oci.wi.gov/ocirules.htm or by contacting Inger Williams, Public Information and Communications, OCI, at:
inger.williams@wisconsin.gov, (608) 264-8110, 125 South Webster Street – 2
nd Floor, Madison WI or PO Box 7873, Madison WI 53707-7873.
Small Business Regulatory Coordinator
The OCI small business coordinator is Eileen Mallow and may be reached at phone number (608) 266-7843 or at email address
eileen.mallow@wisconsin.gov
Analysis Prepared by the Office of the Commissioner of Insurance
Statutes interpreted
