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 Chapter DHS 117 is repealed.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 Chapter DHS 160 is repealed.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.
SECTION 12. DHS 172.19 (4) (b)
is amended to read:
DHS 172.19 (4) (b) Except in par. (d), the water temperature of an indoor pool shall be between 72ºF. (2522ºC.) and 95ºF. (35ºC.). The minimum water temperature for an outdoor pool shall be 65ºF. (18ºC.).
SECTION 13. DHS 172.22 (2) (b) 1. and 3. are amended to read:
DHS 172.22 (2) (b) 1.
American Red Cross Water Park Lifeguard Training certificate.
3. National Pool and Water park International Lifeguard Training Program certificate.
SECTION 14. Table DHS 172.23 B is amended to read:
Table DHS 172.23-B
Required Number of Lifeguards and Attendants Based on Pool Type
|
Pool Type
|
Lifeguard and Attendant Staffing Requirements
|
Activity Pools
|
At least one lifeguard is required if the pool contains one of the following:
1. A pad walk.
2. A tethered floatable more than 18 inches long in 2 directions. Appendages such as alligator feet should not be included in determining the length.
3. A non-tethered floatable. Non-tethered floatables do not include tire inner tubes used in leisure rivers or waterslides.
|
Leisure Rivers
|
At least one attendant is required at the entrance of the leisure river. The attendant shall have a clear line of sight for all areas of the river, or additional attendants are required so that all areas of the river are in view of at least one attendant.
|
Vanishing Edge Pools
|
At least one lifeguard regardless of the square footage, unless the water attraction is limited to adult use only.
|
Vortex Pools and Current Pools
|
At least one lifeguard is required whenever the pool is occupied by a patron.
|
Wave Pools
|
At least one lifeguard is required regardless of the square footage of the pool. Additional lifeguard staffing shall be based on the patron load requirements in Table DHS 172.23-A.
|
Pools with a Visual Obstruction
|
At least one attendant is required if the pool has a visual obstruction larger than 10 feet in length by 6 feet in height by 5 feet in width or if the visual obstruction covers more than 20 percent of the pool's basin.
|
Pools with Diving Boards or Platforms
|
At least one lifeguard for every 2 diving boards or platforms in the same pool.
|
Pools with Slides
|
1. Children's Slide: No attendant is required.
2. Poolslide: Greater than 4 feet but less than 6 feet in height, which drops into water greater than 4 feet deep: At least one lifeguard.
3. Poolslide: Less than 6 feet in height, with an obstructed view of slide terminus at 43 inches at entry point: At least one lifeguard.
4. Drop slide: Less than 6 feet in height: At least one lifeguard
5. Run-out slide:
Greater than 6 feet in height clear view of the terminus end: At least one attendant on top platform.
Greater than 6 feet obstructed view of the terminus end: At least one attendant on top and bottom of run-out.
Less than 6 feet clear view of terminus end: No attendant or lifeguard required
6. Waterslide:
Greater than 6 feet: Attendant on top of the slide, lifeguard on bottom and means of 2-way communication between attendants and lifeguards.
Less than 6 feet with a clear view of terminus end and no obstructions around slide: At least one lifeguard.
|
Wading Pools
|
Wading pools do not require a lifeguard or attendant unless there is a large obstruction per ss. Comm 90.18 (3)90.20 (4) and 90.30 (3) (90.30 (3).
|
Exercise Pools
|
Exercise pools do not require a lifeguard or attendant.
|
Whirlpools
|
If a whirlpool is located within a water attraction complex, at least one attendant shall provide periodic supervision of the whirlpool. If a whirlpool is not guarded or attended with an attendant assigned at all times, a sign shall be posted that states in letters that are at least 4 inches high: Non-guarded area.
|
Therapy Pools
|
At least one attendant who has current CPR certification is required for a therapy.
|
Interactive Play Attraction
(Splash Pads)
|
An interactive play attraction not restricted by an enclosure shall have at least one attendant on the premises. The attendant shall provide periodic supervision of the water attraction as specified in the staffing plan.
|
SECTION 15. DHS 172.26 (1) (b) and (c) and (2) Note are amended to read:
DHS 172.26 (1) (b) For each basin of water over 4 feet in length and over 2 feet deep, a shepard'sshepherd's crook-type pole shall be provided. In addition, for each lifeguard chair, or for a pool 30 feet or more in width that does not have lifeguard chairs, at least one of the following shall be provided:
(c) The safety rope required in s. Comm 90.08 (4)
90.18 (1) shall remain in place except during a lifeguarded activity or adult only lap swim. The responsible supervisor shall ensure the rope is in place during required times.
(2) Note: A request for an alternative location for a telephone or another system of communication that provides access to emergency service during hours of pool operation may be made under s. DHS 173.02 (2)172.03 (2).
SECTION 16. DHS 172.29 (3) (f) is amended to read:
DHS 172.29 (3) (f) Minors under the age of 6 and under are not permitted in the whirlpool.
SECTION 17. DHS 172.33 (1) (d) and (g), (2) (a) Note, and (4) (c) Note are amended to read:
DHS 172.33 (1) (d) Hosing. Hosing shall be provided in adequate lengths to flush the entire pool deck. All hose bibbs shall be protected against backsiphonage by the proper installation of an approved backflow prevention device as required under s. Comm 90.13 (6)90.16 (4).
(g) Drinking fountain. Each drinking fountain required under ss.s.Comm 90.09 (3) and 90.16 90.19 shall be maintained in clean and sanitary condition.
(2) (a) Note: See chapter s. Comm 9090.19 for additional information.
(4) (c) Note: Refer to chapter s. Comm 9090.16 for department of commerce installation requirements.
SECTION 18. DHS 172.34 (5) Note is amended to read:
DHS 172.34 (5) Note: See chapter s. Comm 9090.18 (4) for additional rules relating to the outdoor pool enclosure.
SECTION 19. DHS 172.35 (1) and (2) are amended to read:
DHS 172.35 (1) All waterslides and pool slides shall be designed and installed as required in s. Comm 90.30
90.31.
(2) Waterslide and pool slide lubrication shall be in accordance with s. Comm 90.30 (4) 90.31 (4). Run-out slide flume lubrication systems shall comply with the requirements in s. Comm 90.206 (3) (b) 2. and 3 90.31 (4) (a).
SECTION 20. DHS 172.36 (2) (a) is amended to read:
DHS 172.36 (2) (a) If access to the interactive play attraction is not restricted by an enclosure, an attendant shall be present to provide periodic supervision.
SECTION 21. Chapter DHS 253 is repealed.
Agency Contact Person
Rosie Greer
Department of Health Services
608-266-1279
Notice of Hearing
Insurance
(Reprinted with Rescheduled Hearing)
NOTICE IS HEREBY GIVEN That pursuant to the authority granted under s.
601.41 (3), Stats., and the procedures set forth under ss.
227.18 and
227.24 (4), Stats., subject to the Commissioner's approval of the Statement of Scope, the Office of the Commissioner of Insurance (OCI ) will hold a public hearing to consider the adoption of emergency rules and proposed permanent rules creating section
Ins 3.34, Wis. Adm. Code, relating to coverage of dependents to age 27 and affecting small business.
Hearing Information
Date: January 14, 2010
Time: 10:00 a.m., or as soon thereafter as the matter
may be reached
Place: OCI, Room 227 (2nd Floor)
125 South Webster Street, Madison, WI
Submission of Written Comments
Written comments can be mailed to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 334
Office of the Commissioner of Insurance
PO Box 7873
Madison WI 53707-7873
Written comments can be hand delivered to:
Julie E. Walsh
Legal Unit - OCI Rule Comment for Rule Ins 334
Office of the Commissioner of Insurance
125 South Webster St – 2nd Floor
Madison WI 53703-3474
Comments can be emailed to:
Julie E. Walsh
Comments submitted through the Wisconsin Administrative Rule Web site at: http://adminrules. wisconsin.gov on the proposed rule will be considered.
The deadline for submitting comments is 4:00 p.m. on the 14th day after the date for the hearing stated in this Notice of Hearing.
Copies of Proposed Rule and Fiscal Estimate
A copy of the full text of the proposed rule changes, analysis and fiscal estimate may be obtained from the Web site at:
http://oci.wi.gov/ocirules.htm or by contacting:
Inger Williams, OCI Services
Phone: (608) 264-8110
