Department Contact Person
Caitlin Jeidy, Program and Policy Analyst – Advanced
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4696
Where and When Comments May Be Submitted
Questions and comments related to this this rule may be directed to:
Caitlin Jeidy, Program and Policy Analyst – Advanced
Division of Food and Recreational Safety
Department of Agriculture, Trade and Consumer Protection
P.O. Box 8911
Madison, WI 53708-8911
Telephone: (608) 224-4696
Comments will be accepted up to two weeks after the last public hearing is held on this rule. Hearing dates will be scheduled after this hearing draft rule is approved by the board of agriculture, trade and consumer protection.
RULE TEXT
SECTION 1. ATCP 76 is repealed and recreated to read:
Subchapter I
Administration
ATCP 76.01 Authority and purpose. This chapter is promulgated pursuant to ss. 97.67 (1), (4) and 227.11 (2) (a), Stats., to prescribe rules for the maintenance and operation of public swimming pools and water attractions for enforcement by the department and agent local health departments to protect public health and safety. ATCP 76.02 Scope. (1) APPLICABILITY. This chapter applies to all public pools and water attractions, except that Subchapter VII, applies only to limited-use public pools.
(a) Pool or water attraction. A pool or water attraction is a public pool or water attraction if it serves or is installed for use by the state, a political subdivision of the state, a motel, a hotel, a resort, a camp, a campground, a club, an association, a housing development, an apartment complex with 3 or more dwelling units, condominium complex, or housing complex having homeowners’ association, a school, a religious, charitable or youth organization, an educational or rehabilitative facility.
(b) Limited-use public pool. A pool is considered a limited-use public pool if the pool is advertised for use to the general public and is associated with one or two family dwelling that is not part of a condominium association.
((c) Reference to the term “pool”. Unless the context clearly indicates otherwise, references to “pool” in these rules means a public pool, water attraction or a limited-use public pool.
(2) VARIANCES. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular pool, the department may approve a variance from that provision requested by that pool operator if the operator provides the department with satisfactory proof that the approval of the variance will not jeopardize the public’s health, safety, or welfare.
(3) PROCEDURE FOR VARIANCE REQUEST. (a) Application. Request for modification or waiver of a requirement of this chapter shall be submitted in writing to the department or its agent having jurisdiction, along with documentation specified in par. (d).
(b) Local review. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval.
(c) Department action on a variance. On receipt of a complete variance request as specified in this section, the department shall review the request and grant or deny the request in writing within 30 working days. A variance approved by the department shall be made conditional for a defined period of time, or shall expire 5 years from the date of issuance. The department or its agent shall maintain a copy of the variance in the license holder’s inspection history file.
(d) Application contents. Documentation justifying a proposed variance from the requirements of this chapter shall include the following information:
1. A statement of the proposed variance from this chapter requirement citing relevant chapter location numbers;
2. The rationale for how the potential public health hazards and nuisances addressed by the relevant chapter section will be alternatively addressed by the proposed variance.
(4) CONFORMANCE WITH AN APPROVED VARIANCE. If the department grants a variance as specified in sub. (2), the license holder shall: (a) Conditions. Comply with the department’s conditions for the variance approval P and
(b) Retention. Maintain a copy of the approved variance at the pool.
(5) TRANFERABILITY. An approved variance is not transferable to any other pool, entity, or licensee.
(6) REISSUANCE. A license holder who wishes to continue a variance after its expiration shall:
(a) Request for reissuance. File a request with the department for reissuance of the variance at least 30 days prior to its expiration, unless permission for a later date has been granted by the department.
(b) Continued validity. When a license holder has made timely and sufficient application for the reissuance of a variance in reference to any activity of a continuing nature, the existing waiver does not expire until the application has been finally acted upon by the department.
Note: To obtain a form for requesting a variance, e-mail datcpdfrsrec@wisconsin.gov or contact the Bureau of Food and Recreational Businesses at (608) 224−4702 or PO Box 8911, Madison, Wisconsin 53708−8911. ATCP 76.03 Definitions. In this chapter:
(1) “Active Managerial Control” means that the risks at the pool are being managed so that the pool is in compliance pursuant to ch. ATCP 76, or conditions are monitored so that corrections necessary for compliance are in progress. (2) “Activity pool” means a water attraction with a depth greater than 24 inches or 61 centimeters designed primarily for play activity that uses constructed features and devices including pad walks, flotation devices, and similar attractions.
(3)“Administrative follow-up” means a type of inspection in lieu of a reinspection. The administrative follow-up does not require an in-person visit to the facility because the corrective action can be validated through electronic or other effective means.
(4)“Adult” means a person 18 years of age or older.
(5) “AED” means automated external defibrillator.
(6)“Agent” means the city, county or village designated by the department pursuant to s. 97.615 (2), Stats., and ch. ATCP 74, to issue licenses to and make investigations or inspections of public pools and water attractions. (7)“Analyte” means a substance that a test is used to detect.
(8)“Approved” means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
(9)“Attendant” means a person trained to control patrons in a safe and orderly manner.
(10) “Barrier” means a fence, wall or similar structure meeting the requirements pursuant to s. SPS 390.18 (4). (11) “Basin” means any vessel constructed of manmade materials designed to hold water to be used as a public swimming pool or water attraction, the splash zone of an interactive play attraction, or a stand-alone run-out slide.
(12)“Breakpoint chlorination” means establishing a hygienic environment in the pool by raising the free available chlorine level to 10 times the combined chlorine level to achieve the destruction of chloramines.
(13) “Certified operator” means an operator who is certified by successful completion of at least one of the following training courses:
(a) The Pool and Hot Tub Alliance certified pool operator course.
(b)The National Recreation and Park Association aquatic facility operator course.
(c) An equivalent course approved by the department
(14) “CPR” means cardiopulmonary resuscitation.
(15) “Children’s slide” means a slide that has a maximum height of 4 feet or 1.2 meters as measured vertically from the slide entrance to slide terminus, and located in less than 24 inches or 61 centimeters of water.
(16) “Cold soak pool” means a pool that uses cold water for therapy.
(17) “Combined chlorine” means the combination of free chlorine with other substance in the water.
(18) (a) “Core item” means a provision in this rule that is not designated as a priority item or a priority foundation item.
(b) “Core item” includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design, or general maintenance.
(19) “Current pool” means a pool that creates a current for the purpose of exercise.
(20) “Death, injury or illness report” means the written record of all facts regarding an incident resulting in bodily harm that requires assistance from emergency medical personnel, for a pool or its associated buildings and structures including a locker room, equipment room, deck, shower, and toilet facilities.
(21) “Deck” means the approved, unobstructed walking surface immediately adjacent to a pool.
(22) “Deep portion” means a portion of a pool having a design water depth greater than 5 feet or 1.5 meters.
(23) “Department” means the Wisconsin department of agriculture, trade and consumer protection.
(24) “Drop slide” means a slide where the terminus is located 20 inches or 50.8 centimeters or more above the water level.
(25)“Enclosure” means the area within the barrier that separates the pool or water attraction area from other areas of the building or premises.
(26) “Engineer” means a registered professional engineer licensed in Wisconsin.
(27) “Entry access point” means the area in which a patron enters a water attraction.
(28) “Equipment” means all the necessary items for the operation of a public swimming pool.
(29) “Erosion feeder” means a chemical feed device in which powder, tablets, briquettes, or sticks are placed in a container and through which a water stream is passed, eroding and dissolving the chemical.
(30)“Exercise pool” means a pool of shallow depth that operates with or without a current.
(31) “Existing pool” means a pool operating with a license first issued by the department or its agent before June 30, 2023.
(32) (a) “Feature” means a physical object installed in a pool or water attraction that is intended for recreational use.
(b) A “feature includes slides, water slides, pad walks, basketball hoops, diving boards, wave generators, treadmills, vortex pools, current pools, swim-up bars, vanishing edge pools, tethered or untethered floatables, spray features, pool depths greater than 16 feet or a play feature pursuant to s. SPS 390.30. (33) “Filter aid” means finely powdered diatomaceous earth or similar approved material used to coat a septum type filter.
(34) “Flume” means that part of a slide within which sliding takes place.
(35) “Free chlorine residual” means the portion of the total available chlorine that is not “combined chlorine” and is primarily present as hypochlorous acid or HOCl-, hypochlorite ion or OCl-, or Cyanurate-bound available chlorine.
(36) “General public” means any person who patronizes a pool. “General public” does not include members of a household or their personal guests.
(37) “Imminent health hazard” means a condition that presents a substantial likelihood to cause severe adverse health consequences or death.
(38) (a) “Instructional Program” means an activity occurring in the water that is led by a person teaching a participant how to do an exercise, movement, skill or similar activity.
(b) “Instructional Program” includes a swimming class, an exercise class or a water aerobics class.
