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
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Pool Type
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Lifeguard and Attendant Staffing Requirements
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Activity Pools
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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.
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Leisure Rivers
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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.
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Vanishing Edge Pools
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At least one lifeguard regardless of the square footage, unless the water attraction is limited to adult use only.
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Vortex Pools and Current Pools
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At least one lifeguard is required whenever the pool is occupied by a patron.
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Wave Pools
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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.
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Pools with a Visual Obstruction
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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.
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Pools with Diving Boards or Platforms
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At least one lifeguard for every 2 diving boards or platforms in the same pool.
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Pools with Slides
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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.
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Wading Pools
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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).
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Exercise Pools
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Exercise pools do not require a lifeguard or attendant.
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Whirlpools
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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.
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Therapy Pools
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At least one attendant who has current CPR certification is required for a therapy.
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Interactive Play Attraction
(Splash Pads)
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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.
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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
Address: 125 South Webster Street — 2nd Floor
Madison WI 53703-3474
Mail: PO Box 7873, Madison, WI 53707-7873
Analysis Prepared by the Office of the Commissioner of Insurance (OCI)
Statutes interpreted
Statutory authority
Explanation of agency authority
The commissioner is authorized by s.
601.41, Stats., to propose rules in accordance with s.
227.11 (2), Stats., in order for the commissioner to administer and enforce the insurance statutes. Since passage of
2009 Wis. Act 28, the commissioner has been made aware of dramatic differences in interpretation and approaches to implementation that necessitate rule making.
Related statutes or rules
None.
Plain language analysis
The proposed rule interprets and implements the requirements of s.
632.885, Stats., by clarifying and defining eligibility criteria and providing guidance as to how insurers and self-insured health plans are to determine an adult child's eligibility for coverage. The proposed rule clarifies that the mandate applies to individual and group health insurance, limited-scope health insurance including vision and dental plans as well as self-insured health plans. The rule also clarifies that this mandate does not apply to certain insurance products including long-term care and Medigap policies. Further, as described in the applicability provisions of
2009 Wis. Act 28, the rule states when the mandate first applies, including the initial applicability for collectively bargained health plans.
The proposed rule provides clarity through definitions of “premium contribution" and “premium amount." The commissioner received the greatest volume of inquiries seeking guidance on how the premium comparison was to be conducted. The proposed rule simplifies and guides insurers and self-insured plans on exactly what is to be compared for this element of eligibility determination.
Guidance is provided regarding to whom an offer of coverage for an eligible adult child is to be given and reinforces the statutory provision that it is only the applicant or the insured who determines whether or not an eligible dependent is added to his or her health plan. The rule further informs insurers and self-insured plans on prohibited practices that would unduly restrict an otherwise eligible dependent from coverage contrary to the intent of the statute.
Specifically the rule provides specific guidance to insurers offering individual health insurance products as compared to insurers or self-insured health plans offering group health insurance coverage. Insurers offering individual health insurance may rate, may utilize pre-existing condition waiting periods and may apply elimination riders to an eligible adult child but may not impose such limitations as coverage would be rendered illusory. Insurers offering group health insurance or limited-scope insurance and self-insured health plans must comply with s.
632.746, Stat., with regards to pre-existing condition waiting periods and application of creditable coverage. The rule also requires insurers and self-insured health plans to treat an eligible adult child as a new entrant and provide annually at least a 30-day enrollment period.
Finally, the rule clarifies s.
632.885 (2) (a) 3. and
(b) 3., Stats. An adult child is an eligible adult child when the child is between the ages of 17 and 27, is not married and who is not eligible for his or her employer sponsored coverage or whose employer does not offer health insurance to its employees. An adult child who has been called to federal active duty is an eligible adult child when a full-time student, less than 27 years of age when called to active duty. The rule clarifies that the adult child will have up to 12 months after completing active duty to apply for full-time student status at an institution of higher education, and that if the adult child is called more than once in four years of the first call to active duty, insurers and self-insured health plans may only use the adult child's age at the time of the first call to active duty when determining eligibility.
Comparison with federal regulations
There is no existing regulation directly related to this new mandate. The federal government, US House and Senate are currently debating health insurance reform and at this time the office is aware that some of the proposals will be revised to contain similar requirements for extending coverage to adult children, but none have passed as of this date.
Comparison of similar rules in adjacent states
Illinois:
215 ILCS 5/356z.12 provides parents with the option of keeping unmarried dependents on their health care insurance up to age 26. Parents with dependents who are veterans can keep dependents on the plans up to age 30. The veterans must be unmarried, must be Illinois residents, and must have received a discharge other than dishonorable. Veterans do not have to be enrolled as full-time students.
Iowa:
Iowa Code § 509.3 and Iowa Code § 514E.7 requires that health insurance providers continue to cover unmarried children under their parents' coverage provided that the child: 1) is under the age of 25 and a current resident of Iowa, 2) is a full-time student, or 3) has a disability. Iowa Code § 509A.13.B, effective July 1, 2009, allows reenrollment of the same children in previously existing coverage under certain circumstances.
Michigan:
No comparable regulations found. Michigan Code §
500.3406g prohibits the denial of enrollment on certain grounds for plans offering dependent coverage, and §
500.3406h addresses the eligibility of parents for dependent coverage and the health coverage of children through noncustodial parents. §
500.2264 provides exception for the termination of dependent coverage at specified age if a child is incapable of self-support due to mental or physical disability.
Minnesota:
Minnesota Chapter 62E.02 Defines "dependent" as a spouse or unmarried child under age 25, or a dependent child of any age who is disabled.
Ohio:
