Long-range fiscal implications
None known.
Agency Contact Person
Pat Benesh, Quality Assurance Program Spec-Senior
Division of Quality Assurance
1 West Wilson St., Room 534
Madison, WI 53701
Phone: 608-264-9896
Fax: 608-267-0352
Notice of Proposed Rulemaking
(Without Hearing)
Health Services
NOTICE IS HEREBY GIVEN that pursuant to s.
227.11 (2) (a), Stats., and according to the procedure set forth in s.
227.16 (2) (e), Stats., the Department of Health Services will adopt a rule as proposed in this notice, without public hearing unless within 30 days after publication of this notice in the Wisconsin Administrative Register on January 1, 2010, the Department of Health Services is petitioned for a public hearing by 25 natural persons who will be affected by the rule; a municipality which will be affected by the rule; or an association which is representative of a farm, labor, business or professional group which will be affected by the rule.
The rule repeals Chapters
DHS 117,
160 and
253, and revises Chapter
DHS 172, relating to fees for copies of health care provider records, registration of sanitarians, child support cooperation for food stamps, and safety, maintenance and operation of public swimming pools and water attractions, and affecting small businesses.
Submission of Written Comments
General questions may be submitted to:
Rosie Greer
Department of Health Services
608-266-1279
Analysis Prepared by the Department of Health Services
Similar to the legislature's need to periodically make corrections and minor revisions to the Wisconsin statutes, the Department must periodically make such revisions to the Department's section of the Wisconsin administrative code and to its administrative rules. The changes made under this order are due to changes made to state law or rules and are intended to have little or no substantive effect on persons regulated by the rules.
DHS 117
The legislature, under
2009 Act 28, established a fee schedule for medical record copies under s.
146.83, Stats., which replaces the medical record copy fee schedule established by the department under ch.
DHS 117. Under this order, the department repeals ch.
DHS 117.
DHS 160
The legislature, under
2005 Act 25, transferred authority to regulate sanitarians to the department of regulation and licensing (DRL). DRL subsequently promulgated chs.
RL 174 to
177 to regulate sanitarians. The department's rules for sanitarians are under ch.
DHS 160. Under this order, the department repeals ch.
DHS 160.
DHS 172
The department of commerce repealed and recreated ch. Comm 90 (
Clearinghouse Rule 08-056) which resulted in the renumbering of various sections of that chapter. Chapter
DHS 172 includes cross-references to a number of sections in ch.
Comm 90. In addition to inaccurate cross-references, the DHS 172 contains language in need of correction or clarification. Under this order, the department updates the cross-references, and revises language in ch.
DHS 172.
DHS 253
The legislature, under
2007 Act 20, repealed s. 49.79 (2) (a), Stats., the child support cooperation requirement for food stamp eligibility. The department's rules for implementing these requirements are under ch.
DHS 253. Under this order, the department repeals ch.
DHS 253.
Comparison with federal regulations
Not applicable.
Comparison with rules in adjacent states
Illinois:
Not applicable.
Iowa:
Not applicable.
Michigan:
Not applicable.
Minnesota:
Not applicable.
Summary of factual data and analytical methodologies
The department reviewed statutes, Acts, and the rules presented in this order to determine which rules needed to be repealed or revised.
Analysis and supporting documents used to determine effect on small business
The revisions will not have a fiscal effect on businesses.
Small Business Impact
The revisions will not have a fiscal effect on businesses.
Fiscal Estimate
There will be no fiscal effect on the state, local, or the private sector.
Summary
Similar to the legislature's need to periodically make corrections and minor revisions to the Wisconsin statutes, the Department must periodically make such revisions to the Department's section of the Wisconsin administrative code and to its administrative rules. The changes made under this order are due to changes made to state law or rules and are intended to have little or no substantive effect on persons regulated by the rules.
The legislature, under
2009 Act 28, established a fee schedule for medical record copies under s.
146.83, Stats., which replaces the medical record copy fee schedule established by the department under ch.
DHS 117. Under this order, the department repeals ch.
DHS 117.
The legislature, under
2005 Act 25, transferred authority to regulate sanitarians to the department of regulation and licensing (DRL). DRL subsequently promulgated chs.
RL 174 to
177 to regulate sanitarians. The department's rules for sanitarians are under ch.
DHS 160. Under this order, the department repeals ch.
DHS 160.
The legislature, under
2007 Act 20, repealed s. 49.79 (2) (a), Stats., the child support cooperation requirement for food stamp eligibility. The department's rules for implementing these requirements are under ch.
DHS 253. Under this order, the department repeals ch.
DHS 253.
The department of commerce repealed and recreated ch. Comm 90 (
Clearinghouse Rule 08-056) which resulted in the renumbering of various sections of that chapter. Chapter
DHS 172 includes cross-references to a number of sections in ch.
Comm 90. In addition to inaccurate cross-references, the DHS 172 contains language in need of correction or clarification. Under this order, the department updates the cross-references, and revises language in ch.
DHS 172.
State fiscal effect
None.
Local government fiscal effect
None.
Private sector fiscal effect
None.
Long-range fiscal implications
None known.
Text Of Proposed Rule
SECTION 1. Chapter DHS 117 is repealed.
SECTION 2. Chapter DHS 160 is repealed.
SECTION 3. DHS 172.04 (13), (27) (c) 1., (39), (40), and (45) are amended to read:
DHS 172.04 (13) “Deep portion" means a water depth greater than 5.5 portion of a pool having a design water depth greater than 5 feet.
(27) (c) 1. A certificate from the American Red Cross “CPR for the Professional RescuerCPR-AED for Lifeguards" course.
(39) “Pool and water attraction area" means, in an outdoor facility, the pool or water attraction and the area within the basin's enclosure and, in an indoor facility, the pool or water attraction and the required deck as specified in s. Comm 90.09 Comm 90.13 (1) &and (2).
(40) “Pool slide" means a slide where the drop from the slide terminus to water is less than 20 inches (50.8 centimeters) and the flume carries less than 100 gallons of water per minute.
(45) “Superchlorination" means the addition of an oxidizing product such as chlorine to pool water to raise the level of the oxidizer to raise the level of oxidizer to at least 10 ppm. “Superchlorination" is sometimes referred to as “superoxidation".
SECTION 4. DHS 172.05 (4) (a) 4. is amended to read:
DHS 172.05 (4) (a) 4. A statement from an engineer who worked on the pool indicating that it was completed in accordance with the pool's construction plan under s. Comm 90.0490.05 (1) (c).
SECTION 5. DHS 172.11 (1) is amended to read:
DHS 172.11 (1) GENERAL. As required by s. Comm 90.11, each Each pool shall have a water recirculation system with disinfection treatment and filtration equipment consisting of overflow gutters or skimmers, main drains, inlets, pumps, piping, and filters. The system shall be operated continuously except for seasonal closing or during periods of necessary maintenance.
Note: See s.
Comm 90.14 for design requirements for the recirculation system.
SECTION 6. DHS 172.11 Table B is amended to read:
Table DHS 172.11-B
Maximum Turnover Time for Therapy and Exercise Pools
|
Temperature in º F. (º C.)
|
Load (gals/person)a
|
Maximum Turnover Time (hours)
|
<72-93
(22-33 º C.)
|
> 2,500
|
4
|
<72-93
(22-33 º C.)
|
> 450
|
2
|
<72-93
(22-33 º C.)
|
< 450
|
1
|
>93-104
(33-40 º C.)
|
N/A
|
0.5
|
N/A = not applicable.
a The number is equal to posted patron load.
|
SECTION 7. DHS 172.13 (1) (intro.) and (a) are amended to read:
DHS 172.13 (1) GENERAL. As required in s. Comm 90.12 (1) (b), all All disinfectant feeders shall be approved by the department of commerce and installed according to the manufacturer's directions,and used only with the disinfectant recommended by the manufacturer and meet all of the following requirements:
(a) Feeders shall be automatic, easily adjustable, capable of providing the required chemical residuals, equipped with flow control valves upstream and downstream from the feeder, easily disassembled for cleaning and maintenance, durable, and capable of accurate feeding with a rate-of-flow meter installed to accurately measure the flow through the feeder system.
SECTION 8. Table DHS 172.14 is amended to read:
Table DHS 172.14
Minimum Disinfectant Residuals
|
Minimum Free
Chlorine Residual
|
Total
Bromine
|
Swimming and Activity Pools
|
|
|
Swimming and Activity Pool
|
1.0 ppm
|
3.0 ppm
|
Swimming and Activity Pool With Stabilizer
|
1.5 ppm
|
N/A
|
Wading Pools
|
|
|
Wading Pool
|
2.0 ppm
|
4.0 ppm
|
Wading Pool With Stabilizer
|
3.0 ppm
|
N/A
|
Whirlpool, Exercise,
Therapy Pools
|
|
|
Whirlpool, Exercise, or Therapy Pool
|
3.0 ppm
|
7.0 ppm
|
Whirlpool With Stabilizer
|
4.0 ppm
|
N/A
|
Water Attractions Other Than Those Specified
|
|
|
Water Attraction Other Than Those Specified
|
1.0 ppm
|
3.0 ppm
|
Water Attraction Other Than Those Specified With Stabilizer
|
1.5 ppm
|
N/A
|
Plunge Pools and Wave Pools
|
|
|
Plunge and Wave Pool
|
2.0 ppm
|
5.0ppm
|
Plunge/ Wave Pool With Stabilizer
|
3.0 ppm
|
N/A
|
Interactive Play Attractions
|
|
|
Interactive Play Attraction
|
2.0 ppm
|
5.0 ppm
|
Interactive Play Attraction With
Stabilizer
|
3.0 ppm
|
7.0 ppm
|
Waterslides and Pool Slides
|
|
|
Waterslides and Pool Slides
|
2.0 ppm
|
5.0 ppm
|
Waterslides With Stabilizer
|
3.0 ppm
|
N/A
|
SECTION 9. DHS 172.14 (2) (c) 8.
Note is repealed.
SECTION 10. DHS 172.15 (1) is amended to read:
DHS 172.15 (1)
CHLORINE GENERATORS. Chlorine generators shall be NSF approved and installed according to NSF and manufacturer instructions. An additional disinfection system shall remain on line to provide the capacity to superchlorinate the water as specified in s. Comm 90.12 (1) (c)and maintain the required sanitizer residual.
SECTION 11. DHS 172.17 (3) is amended to read:
DHS 172.17 (3)
The disinfectant testing reagent shall be diethyl–p–phenylene diamine (DPD) in powder or liquid form. A test kit using the titrimetric method (FAS-DPD) for chlorine and bromine testing and colorimetric comparators used for additional water testing shall be approved by the department and shall provide for accurate comparison in the required range for each test as stated in s.
DHS 172.14 (4). The test equipment shall provide for direct measurement of free and combined chlorine from 0 to 10 ppm in increments of 0.2 ppm. If bromine is used, the testing equipment shall provide for direct measurement of total bromine from 0 to 20 ppm in increments of
0.2 0.5 ppm.
