The proposed rule modifies the criteria for assigning license fees and uses a clearer and simpler licensing model. Instead of licensing by activity area, the licensing model in the revised rule is based on assigning complexity based on basic basin characteristics, and assigning add-on fees based on what is added to the basin. This greatly clarifies the licensing process, and brings the fee for the pool into alignment with the time it takes to inspect it and manage the program.
Three fee models were discussed and one was chosen with input from industry.
The model chosen with industry feedback contains a lower fee increase for a simple pool. The proposed fee increased from $150 to $200 for an annual license. Because almost half of the state-inspected pools are simple in complexity, many operators will benefit from this fee model.
The fee category for moderate complexity, including whirlpools, is now more closely aligned with the time spent by inspectors on enforcement and education, and by the program on consultation and investigation. Whirlpools have more complex chemistry due to their higher water temperatures and the evaporation of chemicals used to control sanitation. Also, whirlpools are more likely than swimming pools to be associated with a Legionella outbreak, if the water chemistry is not carefully controlled. The proposed fee for a moderate pool license is $300, an increase of $150.
The proposed fee category for a complex pool that includes large pools and water attractions is $375, an increase of $225.
The proposed fees are per pool basin and additional fess are applied if the pool basin is also equipped with features.
For example, a pool with a larger basin with features such as slides, waves and pad-walks, requires additional inspection time. A leisure river with slides, for example, is currently $425 per year to license. With the proposed fee structure, it will be complex with features and cost $507, an increase of $82.
Limited-use public pools have a proposed license fee of $150.
Pools and water attractions need a secondary containment system for storage of disinfectants or acids. An estimated cost for the container is $85 to $200.
Although, the department has proposed fee increases in the new rule, the department has also communicated with industry to find alternative methods that will reduce the overall cost to maintain a swimming pool, whirlpool or water attraction. The following are examples of cost savings to pool operators:
By eliminating the need for a variance and allowing flexibility of operation, a pool operator could experience lower operating costs and a direct reduction in cost to operate a pool telephone. A pool operator may now provide a phone with a cellular 911 service option with an approximate $400 one-time cost compared to the current land line requirement that costs as much as $1000-$1800 per year.
For pool operators who fail to maintain active managerial control of risks at their pool, there would be a proposed cost of $300-$500, to obtain pool operator certification. Failure to maintain active managerial control means that critical or numerous items are found during two inspections in a three year period, making the pool more amenable to illnesses and serious accidents.
Reporting, Bookkeeping and other Procedures
The proposed rule would require additional recordkeeping. The chemical interlock is a critical safety feature to predict chemical accidents. The interlock must be tested monthly or as recommended by manufacturer. In addition, the revised rule requires operators to keep information related to their pumps and drain covers, and new pools to keep pool plans. These documents are all essential for assessing safety. When pool operators do not have these documents, it results in undue hardship and extra work to obtain the documents.
Professional Skills Required
The proposed rule does not require any new professional skills by small businesses. If there is a lack of active managerial control as documented by two re-inspections within a three year period, the pool operator will be required to provide a certified pool operator. Existing requirements for certified pool operators are only in place for water attractions.
Accommodation for Small Business
A major change in these rules is the chart that assigns points for risk in licensing. This rule makes accommodation for the complexity of the business. The proposed changes in criteria for license fees were tested by applying the criteria to businesses familiar to industry members.
Conclusion
The Department believes that the provisions in this proposed rule will benefit Wisconsin’s pool industry and is expected to impose very limited additional costs. The Department expects stakeholders may favorably view consideration of rule provisions that allow industry more flexibility in meeting standards and more fairly allocate regulatory requirements.
This rule will not have a significant adverse effect on “small business” and is not subject to the delayed “small business” effective date provided in s. 227.22(2)(e), Stats. DATCP will, to the maximum extent feasible, seek voluntary compliance with this rule.
