ATCP 76.33(3)(d)
(d)
Disposal as needed. The contents of the containers shall be
disposed
of
as
needed
and
in
a
sanitary
manner.
ATCP 76.33(3)(f)
(f)
Good repair. Containers shall be maintained in good
repair.
ATCP 76.33(4)
(4)
Water heaters, ventilation, electrical. Water heaters, ventilation, and electrical shall meet the following:
ATCP 76.33(4)(a)
(a)
Operating condition. Water heaters
and
heat
exchangers
shall
be
maintained
in
operating
condition.
ATCP 76.33(4)(b)
(b)
Air movement. Heating,
ventilation,
and
exhaust
equipment
shall
be
maintained and operated to provide air movement pursuant to chs.
SPS 361 to
365, to prevent any excessive condensation and air quality problems in indoor enclosures, as enforced by the Wisconsin department of safety and professional services.
ATCP 76.33(4)(c)
(c)
Maintained in good repair. Electrical equipment and lighting shall be maintained in good repair and in operating
condition.
ATCP 76.33(4)(d)
(d)
Carbon monoxide alarms. The operator shall install functioning carbon monoxide alarms, as applicable and meet all of the following:
ATCP 76.33(4)(d)1.
1. A pool equipment room that has a fuel burning appliance shall install and maintain a carbon monoxide alarm.
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ATCP 76.33(4)(d)2.
2. For indoor pools, a carbon monoxide alarm shall be installed and maintained in the pool area, if there is a fuel burning appliance in the equipment room that is also located within the pool area.
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ATCP 76.33 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.335
ATCP 76.335 Dog swims. A pool operator shall ensure all of the following during dog swim events:
ATCP 76.335(1)(a)(a)
Water level. Before the dog swim event, the water level shall be adjusted so that the pool water in the basin does not enter the recirculation system.
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ATCP 76.335(1)(b)
(b)
Disinfectant residual. Initial disinfectant residual must be 4 ppm free chlorine or 8 ppm if cyanuric acid present.
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ATCP 76.335(1)(c)
(c)
Registration. Registration of the dog and caretaker are required.
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ATCP 76.335(1)(d)
(d)
Rabies vaccination. All dogs shall be 6 months of age or older and the owner shall provide proof of a current rabies vaccination.
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ATCP 76.335(1)(e)
(e)
Prohibited. Splash pads, spray features, play structures, whirlpools, diving boards, and slides are prohibited from operation.
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ATCP 76.335(1)(f)
(f)
Relief area. Grass or an alternate area shall be provided and accessible to patrons with their dogs with adequate space and trash receptacles.
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ATCP 76.335(1)(g)
(g)
Waste water. Pool water shall be drained by bypassing the filtration system.
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ATCP 76.335(1)(h)2.
2. The pool shall be superchlorinated before startup occurs during the following season.
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ATCP 76.335(1)(i)
(i)
Restrooms and showers available. Locker rooms may be closed, but restrooms with handwashing facilities and showers must be conveniently located.
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ATCP 76.335(1)(j)
(j)
Responsible supervisor. The responsible supervisor or designee shall be present at the pool before, during, and after the dog swim event.
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ATCP 76.335(1)(k)
(k)
Duration. Event shall be limited to 3 hours total from time when the first dog enters the water.
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ATCP 76.335(2)
(2)
Rules. The following rules must be conveyed to patrons:
ATCP 76.335(2)(a)(a) Only dogs are allowed in the pool, except in the event of an emergency.
ATCP 76.335(2)(b)
(b) A dog must be capable of swimming, unassisted by a human, in the depth and type of pool used for the dog swim.
ATCP 76.335(2)(c)
(c) A dog must be willing and comfortable participating in the swim.
ATCP 76.335(2)(h)
(h) The patron must clean up any feces immediately and dispose of waste properly.
ATCP 76.335(3)
(3)
Number of dogs per patron. A maximum of one dog per person may participate in a dog swim event.
ATCP 76.335 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.34(1)(1)
Hazardous conditions. Any object or material not specifically approved pursuant to this chapter or ch.
SPS 390 that may cause a hazardous condition or interfere with the safe and efficient
operation
of a pool, pool slide, waterslide, or deck is not permitted in the pool
area.
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ATCP 76.34(2)(a)
(a)
Maintained. All
gates
and
doors
into
the
pool
area
shall
be
maintained and checked for proper operation.
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ATCP 76.34(2)(b)
(b)
Self-closing latching and lockable mechanism; location. A self-closing latching and lockable mechanism shall be installed at least 54 inches from the bottom of the gate or door.
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ATCP 76.34(2)(c)
(c)
Locked. Gates and doors shall be locked when the pool is not open to the public or is not in use.
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ATCP 76.34(3)
(3)
Pool fence or barrier height. A pool fence or barrier shall meet all of the following:
ATCP 76.34(3)(b)
(b) A pool with a fence or barrier less than 5 feet in height that was previously approved by the department is acceptable, including at a change of operator, if maintained in good repair. If more than 20 feet of a fence needs replacement, plan review is required by the Wisconsin department of safety and professional services.
ATCP 76.34(4)
(4)
Enclosures and entrances. Enclosures and entrances shall meet all of the following:
ATCP 76.34(4)(a)1m.1m. Except as provided under subd.
2m. and par.
(b), all
pool
areas
shall
be
enclosed
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have gates and doors that are all of the following:
ATCP 76.34(4)(a)2m.
2m. This paragraph does not apply to emergency doors that cannot be opened from the outside of the pool enclosure.
ATCP 76.34 Note
Note: A primary entrance to a pool enclosure in which multiple doors must be passed through is considered to have a self-closing, latching, and lockable gate or door, if any of doors in the sequence are self-closing, latching, or lockable.
ATCP 76.34(4)(b)
(b)
Gates and doors — lifeguarded area. Gates and doors in a lifeguarded pool area shall meet all of the following:
ATCP 76.34(4)(b)1.
1. If gates and doors are not self-closing and latching, the gates and doors to the pool shall be staffed with an attendant and at least one lifeguard shall be present.
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ATCP 76.34(4)(b)2.
2. Documentation for staffing shall be included in the lifeguard staffing plan.
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ATCP 76.34(5)
(5)
Signage. During closed
hours,
a
sign
shall
be
conspicuously
posted stating that the pool, pool slide, waterslide, and deck are
closed.
ATCP 76.34 Note
Note: See
s.
SPS 390.18 (4) for
additional
rules
relating
to
the
outdoor
pool
enclosure.
ATCP 76.34(6)(a)(a)
Restrictions. Landscaping planters, pots, or other plant containers may not be placed on the required deck area.
ATCP 76.34(6)(b)
(b)
Separation. Landscaping features such
as
bark,
gravel,
shrubs,
or
flowers
may
be
located
within
the pool enclosure but shall be separated from the pool by an additional 5 feet of impervious area or maintained lawn.
ATCP 76.34(6)(c)
(c)
Maintenance. Landscaped areas within a pool enclosure shall be continually maintained to prevent debris from entering the water.
ATCP 76.34(6)(d)
(d)
Trees. Trees used as
landscaping
features
may
not
overhang
the
required
deck
area.
ATCP 76.34(6)(e)
(e)
Sand. Sand may not be located within a pool enclosure unless the sand area is made inaccessible from the pool area by
a barrier
that
is
at
least
42
inches
high. Alternatively there may be controlled entrances to the pool area if the entrances are controlled and provided with showers.
ATCP 76.34 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23; renum. of (4) (a) (intro.), 1. to 4., 5. to (4) (a) 1m. (intro.), 1m. a. to d. and 2m. made under s.
13.92 (4) (b) 1., Stats., (4) (b) title created under s.
13.92 (4) (b) 2., Stats., and corrections in (4) (a) 1m. made under ss.
13.92 (4) (b) 4. and
35.17, Stats.,
Register June 2023 No. 810.
ATCP 76.35
ATCP 76.35
Waterslide and pool slide design. ATCP 76.35(1)(1)
Designed and installed. All
waterslides
and
pool
slides
shall
be
designed
, installed, and lubricated pursuant to s.
SPS 390.31.
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ATCP 76.35(2)
(2)
Continuously separated. The portion of the pool water surface that is used as a plunge area for a drop slide or waterslide shall be continuously separated from
other
areas
of
the
pool
in
a
manner
approved
by
the department or its agent, as long as the slide is in
use.
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ATCP 76.35 History
History: CR 22-021: cr.
Register June 2023 No. 810, eff. 9-24-23.
ATCP 76.36
ATCP 76.36
Water attraction, play features, and slide design. ATCP 76.36(1)(1)
General. Water attraction, play features, and slide design shall meet all of the following:
ATCP 76.36(1)(a)
(a)
Design and construction requirements. Water attractions and play features
shall
be
designed,
assembled,
constructed,
and
maintained
in accordance with recognized safe practices as defined in s.
SPS 334.01 (15), and so that maximum patron loads do not stress any part of the water attraction beyond recognized safe practices.
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ATCP 76.36(1)(b)
(b)
Free from hazardous projections. Interior
and
exterior
parts
of
any water
attractions
a
patron may come into contact with shall be free of abrasives and splinters,
sharp
edges
and
corners,
protruding
studs,
bolts,
screws,
and other hazardous
projections.
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ATCP 76.36(1)(c)
(c)
Padding. Padding or other means to minimize injury due to patron impact resulting from the action of the water attraction shall be provided in
accordance
with
recognized
safe
practice,
pursuant to s.
SPS 334.01 (15).
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ATCP 76.36(1)(d)
(d)
Enclosure of hazardous parts. All hazardous parts, including pinch points and shear points of water attractions and play features, shall
be
enclosed,
barricaded,
or
otherwise
arranged
to
effectively prevent injury in accordance with recognized safe practice, as defined in s.
SPS 334.01 (15).
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ATCP 76.36(1)(e)
(e)
Guards. Guards removed for any purpose shall be replaced before normal operation of the water attraction is resumed.
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ATCP 76.36(1)(f)
(f)
Wheels and levers. Wheels and levers used by patrons in the control of the action of
the
water
attraction
shall
be
designed
and
maintained
to prevent pinches, strains, abrasions, and body actions that could result in injuries. Wheels and levers shall be padded. Wheels shall have a solid center in lieu of
spokes.
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ATCP 76.36(1)(g)
(g)
Fences and barriers. Water attractions shall be fenced, barricaded, or otherwise arranged in accordance with recognized safe practice, as defined in s.
SPS 334.01 (15), so that the public is effectively prevented from entering hazardous areas.
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ATCP 76.36(1)(h)
(h)
Fence design and construction. Fences shall be constructed to meet all of the following requirements:
ATCP 76.36(1)(h)1.
1. Be at least 42 inches above the surface on which the spectators or patrons
stand.
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ATCP 76.36(1)(h)2.
2. Constructed to reject a 4 inch ball at all openings, including
between
the
bottom
of
the
fence
and
the
surface upon which it
rests.
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ATCP 76.36(1)(h)3.
3. Be designed, constructed, and erected to inhibit overturning by spectators or
patrons.
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