ATCP 76.19 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.20(1)(a)(a)
General requirement. Each pool shall be under the supervision of at least one operator, except that if multiple pools are located on the same premise, and licensed by the same person, they may be supervised by one operator.
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ATCP 76.20(1)(b)
(b)
Operator responsibilities. Each operator shall be responsible
for
pool
operation
and
maintenance
including
equipment
shut-down, backwashing, daily maintenance and vacuuming, and maintenance of water quality pursuant to ch.
ATCP 76.
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ATCP 76.20(2)(a)1.1. Each water attraction or multiple water attractions on the same premise shall
have
at
least
one
certified operator.
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ATCP 76.20(2)(a)2.
2. An owner of a pool who demonstrates a lack of active managerial control over the pool operation by having 2 or more reinspections in a 3-year period is required to have a certified operator.
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ATCP 76.20(2)(a)3.
3. Pool operator certification for a water attraction shall be obtained within 90 days of receiving a new license or a pool meeting the conditions under subd.
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ATCP 76.20(2)(a)3.a.
a. A pool that is required to have a certified operator under subd. 2, may contract with a certified operator.
ATCP 76.20(2)(a)4.
4. The owner of a pool shall replace a certified operator within 90 days after a certified operator's departure.
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ATCP 76.20(2)(b)
(b)
Certified operator duties. A certified operator is responsible for all of the following:
ATCP 76.20(2)(c)
(c)
Documentation of certification. A current copy of the certified operator's certification
shall
be
maintained
at
the pool.
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ATCP 76.20 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.21(1)(a)(a)
Supervision. Each pool shall
be
under
the
supervision
of
at
least
one
responsible
supervisor at
all
times
when
the
pool
is
in
use
or
is
open
to
the
public.
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ATCP 76.21(1)(b)
(b)
Availability. The responsible supervisor
shall
be
on
the
premises
or
immediately available
via
a phone number posted by the emergency phone and shall respond to an unsafe or
unsanitary
condition
within 15 minutes, at
any
time
the
pool
is
open
for
use.
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ATCP 76.21(1)(c)
(c)
Duties. The
responsible
supervisor
shall ensure all of the following:
ATCP 76.21(1)(c)6.
6. Monthly secondary anti-entrapment device testing is performed, if applicable.
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ATCP 76.21(1)(c)9.
9. The
rope separating the shallow and deep portions of the pool
is
in
place during required
times.
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ATCP 76.21(1)(c)11.
11. A pool cover or blanket, if provided, does not pose a safety hazard to patrons.
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ATCP 76.21 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.22(1)(1)
Lifeguard and attendant staffing plans. A pool that is not required to have an attendant or lifeguard is not required to have a lifeguard or attendant staffing plan.
ATCP 76.22(1)(a)
(a)
Staffing plan requirements. The owner or operator of
a
pool,
including
a
whirlpool
over
4
feet
deep
and
a
pool
with a visual obstruction, shall
have
a
written
lifeguard and attendant staffing plan.
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ATCP 76.22(1)(b)
(b)
Plan criteria. The written lifeguard and attendant staffing plan shall include all of the following:
ATCP 76.22(1)(b)4.
4. The location of each lifeguard station, lifeguard roaming or walking patrol ensuring that glare conditions are assessed from each location to determine if the bottom and objects in the pool are clearly visible.
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ATCP 76.22(1)(b)7.
7. Diagrams shall be provided with the following information for each use of the pool, for both average and maximum capacity:
ATCP 76.22(1)(b)8.
8. A
method
of
communication
when
2
or
more
attendants
or lifeguards are required.
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ATCP 76.22(1)(b)9.
9. If applicable, the method that will be used for periodic supervision within a pool enclosure that contains a combination of lifeguarded and non-lifeguarded pools.
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ATCP 76.22(1)(c)
(c)
Availability. The owner or operator shall keep a copy of the written lifeguard and attendant staffing plan at the pool and make it available to the department or its agent upon request, for review and approval.
ATCP 76.22(2)
(2)
Qualifications. A lifeguard shall be required to have current certifications in all of the following:
ATCP 76.22(2)(a)
(a)
Certification requirements. A copy of each certification held by lifeguard staff
shall
be
maintained
at
the
pool
and
shall
be
made
available for inspection by the
department or its agent.
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ATCP 76.22(2)(b)
(b)
Attendants. Attendants
may
staff
water
attractions,
waterslides,
or
pool slides to assist patrons, pursuant to
s. ATCP 76.23. Attendants may not be used in place of lifeguards.
ATCP 76.22(3)(a)
(a)
Identification and equipment. At all times
when
on
duty
a
lifeguard
shall have all the following:
ATCP 76.22(3)(a)1.
1. Clothing or equipment
that
is
conspicuously marked
“Lifeguard”
or
“Guard”
.
ATCP 76.22(3)(a)2.
2. A
rescue
tube
with
a
harness
as
instructed
in
national
certification
courses.
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ATCP 76.22(3)(b)
(b)
Assigned duties. A lifeguard who is assigned to supervise a pool may not be assigned duties that may distract the lifeguard's attention from observing a patron in the pool or
that
may
hinder
the
lifeguard's
ability
to
provide immediate assistance to a
patron.
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ATCP 76.22 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23;
correction in (2) (a) 1. made under s. 13.92 (4) (b) 7., Stats., Register November 2023 No. 815. ATCP 76.23
ATCP 76.23
Lifeguard and attendant placement and staffing requirements. ATCP 76.23(1)(a)1.1. Each pool having a
surface
area
of
2,000
square
feet
or
more
shall
be
staffed pursuant to ss.
ATCP 76.23 Table A, and
ATCP 76.23 Table B, when the pool
is
in
use
or
is
open
to
the
public.
If
the
requirements
in
s. ATCP 76.23 Table A or B, conflict, the pool shall comply with
the
strictest
requirements
of
s. ATCP 76.23
Table A or B.
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ATCP 76.23(1)(a)2.
2. An
operator
may
close
a
portion
of
a
pool
to
patrons
in
order to meet
the
lifeguard staffing requirements for square footage pursuant to s.
ATCP 76.23 Table A, except that at least one lifeguard shall be provided.
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ATCP 76.23(1)(a)3.
3. An
operator
may
limit the number of patrons
in
order to meet
s. ATCP 76.23
Table A,
for
lifeguard staffing.
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ATCP 76.23(1)(a)4.
4. When the patron load of a pool exceeds 336 patrons, one lifeguard shall
be
provided
for
each
additional
100
patrons
or
fraction thereof.
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ATCP 76.23(1)(b)
(b)
Department evaluation required. For a pool type that is not addressed in s.
ATCP 76.23 Table A or B, the operator shall request evaluation by the department and follow the requirements specified by the department following the evaluation.
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ATCP 76.23(1)(c)
(c)
Slide flumes. An
additional
lifeguard
shall
be
provided
for
every
2
slide flumes installed
at
a
pool
other
than
a
separate
waterslide
plunge pool.
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ATCP 76.23(1)(d)
(d)
Waterslide attendant. An attendant responsible for enforcing waterslide usage rules shall be stationed at the entrance to the waterslide flume.
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ATCP 76.23(2)
(2)
Signage. Each pool that is not required to have a lifeguard shall post a sign with letters at least 4 inches high stating: “Warning: No Lifeguard on Duty.”
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ATCP 76.23 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.24
ATCP 76.24
Patron safety during pool maintenance. ATCP 76.24(1)(1)
Maintenance operations. The operator shall ensure that no patrons are in the pool during pool maintenance operations.
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ATCP 76.24(2)
(2)
Recirculation system interuption. Patrons shall be removed from the pool when the pool recirculation system is interrupted. Once the recirculation system is restored, patrons shall not reenter the pool until chemical levels are determined to be within acceptable ranges.
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ATCP 76.24 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
