reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter I - Administration › Section ATCP 76.045 - License holder qualifications

Current through June 24, 2024
To qualify for a license, an applicant shall do all of the
					 following:
(1) OWNER. Be an owner of
				  the pool or an officer of the legal entity owning the pool.
(2) PAYMENT OF FEES. Pay the applicable
				  license fees at the time the application is submitted.
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter I - Administration › Section ATCP 76.046 - License holder responsibilities

Current through June 24, 2024
Upon acceptance of the license issued by the department or
					 its agent, the license holder shall do all of the following in order to retain
					 the license:
(1) Allow an authorized
				  representative of the department or its agent access to the pool and provide
				  any required information to that authorized representative.
(2) Comply with the provisions of this
				  chapter.
(3) Follow reporting
				  requirements to the department or its agent, as applicable, as outlined in this
				  chapter.
(4) Immediately
				  discontinue operations directly related to an imminent health hazard and notify
				  the department or its agent.
(5)
				  Replace existing facilities and equipment that no longer comply with the
				  criteria set forth in this chapter.
(6) Comply with directives of the department
				  or its agent, including deadlines for taking corrective actions specified in
				  inspection reports, notices, orders, warnings, and other directives issued by
				  the department or its agent for the license holder's pool or in response to
				  community emergencies.
(7) Accept
				  notices issued and served by the department or its agent according to
				  law.
(8) Be subject to the
				  administrative, civil, injunctive, and criminal remedies authorized in law for
				  failure to comply with this chapter, and any other directive of the department
				  or its agent, including deadlines for corrective actions specified in
				  inspection reports, notices, orders, warnings, and other directives.
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter I - Administration › Section ATCP 76.06 - Department fees

Current through June 24, 2024
(1) FEE SCHEDULE.
				  Pursuant to s. 97.67(5),
				  Stats., no license may be issued until all applicable fees have been paid. Fees
				  specified under s. ATCP 76.06 Table B or C, apply to pool licenses issued by
				  the department or its agent under this chapter for each basin.
Note:
Pursuant to s.
					 97.615(2) (d),
					 Stats., a local health department can establish and collect fees for a license.
					 For a license issued by a local health department, contact the local health
					 department for its license fee schedule.
(2) LICENSE CATEGORY ASSIGNMENT.
(a)
Criteria.
1. The department or its agent shall assign a
				  pool basin to a license category by evaluating the complexity of the pool basin
				  based on the criteria pursuant to s. ATCP 76.06 Table A, in this
				  section.
2. The department or its
				  agent shall assign a pool basin with a point value that is 0 to 2, to the
				  simple license category.
3. The
				  department or its agent shall assign a pool basin with a point value that is
				  greater than 2, but not more than 3, to the moderate license
				  category.
4. The department or its
				  agent shall assign a pool basin with a point value that is 3.5 or greater, to
				  the complex license category.
5. If
				  the department or its agent orders a pool closed because of a confirmed
				  waterborne illness outbreak or chemical release incident, associated with the
				  operation of the pool, the department or its agent shall immediately assign the
				  pool to the complex category for the current and following licensing year. If
				  no further outbreaks or closures occur, the department or its agent may reduce
				  the license to the appropriate license category assignment.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter I - Administration › Section ATCP 76.07 - Enforcement

Current through June 24, 2024
(1) INSPECTIONS AND
				  ACCESS TO THE PREMISES.
(a)
Inspections.
Pursuant to ss.
				  97.615(2) and
				  97.65(1),
				  Stats., an authorized employee of the department or its agent, upon presenting
				  proper identification, may enter any pool or equipment area, and any other
				  associated area at any reasonable time, for any of the following purposes:
1. To inspect the pool.
2. To determine if there has been a violation
				  of this chapter or s.
				  97.67, Stats.
3. To determine compliance with previously
				  written violation orders.
4. To
				  secure samples or specimens.
5. To
				  examine and copy relevant documents and records related to the operation of the
				  pool.
6. To obtain photographic or
				  other evidence needed to enforce this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter I - Administration › Section ATCP 76.08 - Suspension or revocation of license

Current through June 24, 2024
The department or its agent may, by summary order and
					 without prior notice or hearing, suspend a license issued under this chapter if
					 the department or its agent finds that there has been a substantial failure to
					 comply with the applicable requirements of this chapter and that the
					 continuation of the violations constitutes a serious danger to public health.
					 The order shall be in writing, have the force and effect of an order issued
					 pursuant to s. 93.18, Stats., and is subject to
					 right of hearing before the department or its agent, if requested within 10
					 days after date of service.
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter I - Administration › Section ATCP 76.09 - Appeals of actions by the department

Current through June 24, 2024
If requested in writing within 10 days after date of the
					 service of an order, a hearing shall be conducted pursuant to ch. ATCP 1.
					 Enforcement of the order shall not be stayed pending action on the hearing. A
					 request for hearing does not automatically stay or modify a summary special
					 order.
Note:
A request for hearing shall be submitted
					 to the DATCP Secretary via email at datcpappeals@wisconsin.gov, faxed to (608)
					 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand
					 delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may
					 be conducted by the department secretary or designee.
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter I - Administration › Section ATCP 76.10 - Appeals of actions by agent health departments

Current through June 24, 2024
If an agent issues a license under this chapter, the
					 operator shall appeal enforcement action to the agent health
					 department.
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter II - Standards for Pools › Section ATCP 76.105 - Qualifications of an authorized representative conducting inspections

Current through June 24, 2024
An authorized representative of the department or its
					 agent who inspects a pool or conducts a plan review for compliance pursuant to
					 ch. ATCP 76 shall meet the staffing qualification requirements pursuant to s.
					 ATCP 74.08.
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter II - Standards for Pools › Section ATCP 76.106 - Inspections

Current through June 24, 2024
(1) REFUSED
				  INSPECTION; PROCESS. If a person denies access to the department or its agent
				  to the licensed pool, the department or its agent shall inform the person of
				  all the following:
(a)
Department
				  access.
The license holder is required to allow access to the
				  department or its agent pursuant to s.
				  97.65(1),
				  Stats.
(b)
License
				  condition.
Access is a condition of the acceptance and retention of a
				  pool license pursuant to s. ATCP 76.046 (1).
(c)
Denied access.
If the
				  pool license holder denies access to an authorized representative of the
				  department or its agent, the department or its agent may apply for an
				  inspection warrant to allow access pursuant to s.
				  66.0119,
				  Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.11 - Recirculation system

Current through June 24, 2024
(1) GENERAL. Each
				  pool shall have a water recirculation system with disinfection treatment and
				  filtration equipment consisting of overflow gutters or skimmers, main drains,
				  inlets, pumps, piping, holding tanks, and filters. The system shall be operated
				  continuously except for seasonal closing or during periods of necessary
				  maintenance. 
				  P
Note:
See s. SPS 390.14 for design
					 requirements for the recirculation system.
(2) SKIMMERS AND RECIRCULATION FLOW. Skimmers
				  and recirculation flow shall meet all of the following:
(a)
Skimmer flow.
1. The flow through each skimmer shall be
				  adjusted as often as necessary to maintain a vigorous skimming action at each
				  skimmer. 
				  Pf
2. The pool water level shall be maintained
				  at an elevation so that continuous effective surface skimming is accomplished
				  through skimmers or over the gutter lip. 
				  Pf
a. For gutter pools, approximately 75 percent
				  of the required recirculation flow shall be through the gutter and 25 percent
				  through the main drain during normal operation. 
				  Pf
b. For pools with skimmers, approximately 80
				  percent of the recirculation flow shall be through skimmers and 20 percent
				  through the main drain. 
				  Pf
c. For reverse flow pools, 100 percent of the
				  required recirculation shall be through the gutter or skimmer. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.12 - Labeling, storing, mixing, and handling chemicals, including gaseous chlorine

Current through June 24, 2024
All labeling, storing, mixing, and handling of chemicals
					 must be in compliance with applicable local, state, and federal regulations. 
					 Pf
(1) LABELING.
(a)
Chemical container.
Except as provided in par. (b), all chemicals used in the operation and
				  maintenance of pools, and bulk storage tanks containing the chemicals, shall be
				  conspicuously labeled with all the following information: 
				  Pf
1. Name of the product. 
				  Pf
2. Manufacturer's name and address. 
				  Pf
3. Active ingredients. 
				  Pf
4. Directions for use. 
				  Pf
5. Hazardous ingredient warning. 
				  Pf
6. For chemicals used for the primary purpose
				  of controlling microbial or algal growth, the United States environmental
				  protection agency registration number. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.13 - Chemical feeders and filter aid equipment

Current through June 24, 2024
(1) GENERAL.
				  Chemical feeders and filter aid equipment shall be all of the following:
(a)
Installed.
Installed
				  according to the manufacturer's directions.
(b)
Used.
C
hemical feeders shall only be used with the disinfectant or
				  sanitizer recommended by the manufacturer and be all of the following: Pf
1. Automatic. 
				  Pf
2. Easily adjustable. 
				  Pf
3. Capable of providing the required chemical
				  residuals. 
				  Pf
(c)
Interlocked.
All
				  recirculation systems shall be equipped with a chemical feed interlock pursuant
				  to s. SPS 390.17 (2) (c) and (d), as enforced by the Wisconsin department of
				  safety and professional services. 
				  P
1.
				  The interlock device shall meet all of the following requirements:
a. If power to the recirculation pump is
				  interrupted, the chemical feed stops. 
				  Pf
b. Except as provided in subd. 5., if flow in
				  the recirculation system is interrupted, the chemical feeds stops. 
				  Pf
2. The operator or their designee shall
				  demonstrate knowledge to the department or its agent on the pool's interlock
				  system in all the following areas:
a.
				  Describes the location of chemical feed connections and system flow sensing
				  interlocks in the recirculation system. 
				  P
b. Describes how the chemical feeder
				  electrical interlock functions. 
				  P
c. Describes how the system flow sensing
				  interlock functions, if applicable. 
				  P
d. Describes how monthly testing is
				  performed. 
				  P
e. Describes what safety measures that must
				  be employed during monthly testing. 
				  P
3. Once monthly, challenge testing of the
				  chemical feeder system shall be conducted to assess the interlock pursuant to
				  subd. 1. 
				  P
4. A log of the monthly test shall be kept
				  and meet all of the following:
a. Documented
				  with the date, results, and the name of the person performing the test. 
				  P
b. Made available to the department or its
				  agent upon request.
5.
				  The system flow sensing interlock requirement does not apply to pools
				  constructed before February 2009, unless the pool has been involved in a
				  chemical release incident in which the installation of a flow sensing interlock
				  would have prevented the chemical release.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.14 - Disinfectant or sanitizer feeding and residuals

Current through June 24, 2024
(1) GENERAL. Each
				  pool in use shall be automatically and continuously disinfected by means of
				  disinfectant or sanitizer and feeding equipment that is in compliance with this
				  section and s. ATCP 76.13. 
				  P
(2) CHEMICAL USE REQUIREMENTS.
(a)
Disinfectant or
				  sanitizer-producing chlorine and bromine and other chemicals.
Disinfectant or sanitizer-producing chlorine or bromine and any supplemental or
				  alternative chemical used shall meet all the following requirements:
1. Registered with the United States
				  environmental protection agency as a disinfectant or sanitizer, except
				  algaecides shall be registered as algaecide. 
				  Pf
2. The product label is registered with the
				  department. 
				  Pf
3. Has an effective residual that can be
				  measured easily and accurately by an approved field test procedure. 
				  Pf
4. Is compatible for use with other chemicals
				  normally used in the water treatment or is clearly identified as having a use
				  limitation. 
				  Pf
5. Does not impart toxic properties to the
				  patrons in the water when used according to the manufacturer's directions. 
				  P
6. Does not create an undue safety hazard
				  when handled, stored, or used according to the manufacturer's directions. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.15 - Alternative or supplemental disinfection systems

Current through June 24, 2024
Any one of the following alternative or supplemental
					 systems may be added to a pool if an automated disinfection system is in place
					 and on line to maintain the disinfectant or sanitizer residuals pursuant to s.
					 ATCP 76.14 Table A. 
					 Pf
(1) CHLORINE GENERATORS.
(a)
NSF 50.
Chlorine
				  generators, including salt systems, shall be certified and installed to NSF 50
				  and manufacturer instructions. 
				  Pf
(b)
Disinfectant system on
				  line.
An additional disinfection system shall remain on line and able
				  to automatically provide the capacity to superchlorinate the water and maintain
				  the required sanitizer residual. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.16 - Water quality

Current through June 24, 2024
(1) GENERAL
				  REQUIREMENT. Pool water shall be free of chemical, physical, and microbial
				  substances known to be, or suspected of being, capable of creating toxic
				  reactions or skin or membrane irritations. 
				  P
(2) WATER CLARITY. Pool water shall be
				  transparent and free from cloudiness. The main drain grating shall be readily
				  visible from the pool deck, including the outline of the main drain and the
				  main drain cover pattern. 
				  P
(3) WATER SAMPLING.
(a)
Sample collection and
				  analysis.
The department or its agent may collect samples of pool
				  water for microbiological analysis in evaluating water quality. The analysis of
				  water samples shall be performed by a laboratory accredited by the department.
				  These monitoring activities may be supplemented with additional microbiological
				  analysis, which shall be performed by an accredited laboratory certified in
				  those methods. 
				  Pf
Note:
A list of accredited laboratories may be
					 obtained by calling the department at (608)224-4712 or by email
					 at.
(b)
Bacteriological standards.
Water quality shall be maintained
				  to meet the following standards:
1. When
				  bacteriological analysis of total
coliforms
,
Staphylococcus aureus, Pseudomonas aeruginosa
or
Legionella pneumophila
is performed, no detectable levels are
				  present in a 100 milliliter sample. 
				  P Any approved method for each analyte
				  may be reported as either colony forming units or most probable
				  number.
2. When bacteriological
				  analysis is performed for the heterotrophic plate count, the total count may
				  not exceed 200 colony forming units per milliliter (CFU/mL) in a 100 milliliter
				  sample. 
				  Pf
3. If a pool is closed due to a water sample
				  that contains total
coliforms
pursuant to s. ATCP 76.30 (1)
				  (b), the pool can be reopened when the pool system is properly working, the
				  disinfectant or sanitizer concentration is maintained pursuant to s. ATCP 76.14
				  Table A, and any fecal accidents have been treated pursuant to s. ATCP 76.31. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.17 - Water test kits

Current through June 24, 2024
(1) APPROVED. A
				  test kit of a type approved by the department shall be maintained for testing
				  the pool water pH; the disinfectant or sanitizer residual; the combined
				  chlorine level, when chlorine is used; the total alkalinity; and the cyanuric
				  acid concentration. The test kits shall meet the following specifications, as
				  described in s. ATCP 76.17 Table A. 
				  Pf
s. ATCP 76.17 Table A Required Test Kit Accuracy and
					 Increment
-
Minimum Accuracy
Pf
Maximum Increment
Pf
Chlorine and combined
								  chlorine
+/- 0.2 ppm
0.2 ppm
pH
+/- 0.2 pH unit*
0.2 units
Alkalinity
+/- 25 percent
10 ppm
Cyanuric
+/- 20 percent
20 ppm
Bromine
+/- 10 percent
0.5 ppm
Note:
*Operators who do not want to use a pH
					 meter and are using a test kit with a pH accuracy of +/- 0.2 pH units must be
					 able to maintain the pH within a range of 7.4 to 7.6. Due to a common degree of
					 error in many available test kits for pH, it is strongly encouraged to use a pH
					 meter, with an accuracy greater than 0.1 or better, to determine the PH reading
					 on the higher and lower end. If the Taylor test kit is used and natural light
					 is not available, the Taylor light box should be used as instructed in the
					 manufacturer's directions.
(2) TEST REAGENTS USE AND STORAGE. Test kit
				  reagents shall meet all of the following:
(a)
Stored.
Stored in the original container or per manufacturer
				  directions. 
				  Pf
(b)
Replaced.
Replaced as
				  recommended by the manufacturer. 
				  Pf
(c)
Temperature range.
Stored within the temperature range specified by the manufacturer for storage. 
				  Pf
(d)
Use.
Used and properly
				  disposed of before the expiration date. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.18 - Water testing frequency

Current through June 24, 2024
(1) ALL POOLS,
				  EXCEPT WHIRLPOOLS, THERAPY, AND EXCERCISE POOLS.
(a)
pH and disinfectant or
				  sanitizer.
Except as provided under sub. (3), water shall be tested
				  for pH and disinfectant or sanitizer residual at the following times:
1. Daily before the pool is open to the
				  public or before the pool is in use. 
				  Pf
2. At least one other time during the day's
				  peak patron load. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter III - Water Treatment Systems and Water Quality › Section ATCP 76.19 - Water supply and temperature

Current through June 24, 2024
(1) WATER supply
				  protection. A minimum air gap of 2 pipe diameters or 6 inches, whichever is
				  less, shall exist between the potable water supply inlet and the overflow point
				  of any pool, makeup tank, surge tank, solution tank, or slurry tank unless
				  another approved backflow and backsiphonage prevention device is provided. 
				  P
(2) WATER SOURCE. The water supplied to a
				  pool shall be from a source approved by the Wisconsin department of natural
				  resources pursuant to ch. NR 108, 811, or 812. 
				  P
(3) WATER LEVEL. Proper water level shall be
				  maintained at all times when the pool is open. 
				  Pf
(a)
Skimmers.
Water levels
				  in pools with skimmers shall be maintained at a level such that the weir is
				  half submerged or in the case of a floating weir, used according to
				  manufacturer's directions. 
				  Pf
(b)
Gutters.
Pools designed
				  with gutters shall have a continuous water supply over the gutter to provide
				  effective skimming. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter IV - Staffing Pools › Section ATCP 76.20 - Operator

Current through June 24, 2024
(1) POOLS.
(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. 
				  Pf
(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. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter IV - Staffing Pools › Section ATCP 76.21 - Responsible supervisor

Current through June 24, 2024
(1)
				  RESPONSIBILITIES.
(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. 
				  P
(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. 
				  P
(c)
Duties.
The responsible
				  supervisor shall ensure all of the following:
1. Order is maintained. 
				  P
2. Safety and rescue equipment is in place. 
				  P
3. Pool use regulations are enforced. 
				  P
4. Sanitation and water testing is performed.
				  
				  P
5. Monthly interlock testing is
				  performed.
6. Monthly secondary
				  anti-entrapment device testing is performed, if applicable. 
				  P
7. Records are maintained. 
				  P
8. Chemical safety training is provided to
				  staff. 
				  P
9. The rope separating the shallow and deep
				  portions of the pool is in place during required times. 
				  P
10. The pool is closed pursuant to s. ATCP
				  76.30. 
				  P
11. A pool cover or blanket, if provided,
				  does not pose a safety hazard to patrons. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter IV - Staffing Pools › Section ATCP 76.22 - Lifeguards and attendants

Current through June 24, 2024
(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.
(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. 
				  Pf
(b)
Plan criteria.
The
				  written lifeguard and attendant staffing plan shall include all of the
				  following:
1. The square footage of the pool. 
				  Pf
2. The maximum and average patron load. 
				  Pf
3. The hours of operation. 
				  Pf
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. 
				  Pf
5. The location of each first aid station. 
				  Pf
6. The number of lifeguards or attendants on
				  duty pursuant to s.
				  ATCP
				  76.23. 
				  Pf
7. Diagrams shall be provided with the
				  following information for each use of the pool, for both average and maximum
				  capacity:
a. The placement of attendants. 
				  Pf
b. The placement of lifeguards. 
				  Pf
c. The location of the lifeguard roaming area
				  or walking patrol. 
				  Pf
d. Location of lifeguard chairs or stations. 
				  Pf
e. Location of each obstruction. 
				  Pf
8. A method of communication when 2 or more
				  attendants or lifeguards are required. 
				  Pf
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. 
				  Pf
(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.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter IV - Staffing Pools › Section ATCP 76.23 - Lifeguard and attendant placement and staffing requirements

Current through June 24, 2024
(1) GENERAL.
(a)
Staffing requirements.
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. 
				  P
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. 
				  P
3. An operator may limit the number of
				  patrons in order to meet s. ATCP 76.23 Table A, for lifeguard staffing. 
				  P
4. When the patron load of a pool exceeds 336
				  patrons, one lifeguard shall be provided for each additional 100 patrons or
				  fraction thereof. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter IV - Staffing Pools › Section ATCP 76.24 - Patron safety during pool maintenance

Current through June 24, 2024
(1) MAINTENANCE
				  OPERATIONS. The operator shall ensure that no patrons are in the pool during
				  pool maintenance operations. 
				  P
(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. 
				  P
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.25 - Maximum patron load

Current through June 24, 2024
(1) WATER
				  ATTRACTIONS. The maximum number of patrons permitted to be in an individual
				  water attraction at any one time shall be calculated on the basis of allowing
				  one patron for every 15 square feet of water surface area. The splash zone of
				  any water attraction shall be included in the calculation of the water surface.
				  
				  Pf
(2) POOLS.
(a)
Pools used for swimming.
The maximum number of patrons permitted to be in the water of a pool used for
				  swimming at any one time shall be computed on the basis of allowing one patron
				  for every 15 square feet of the shallow portion of the pool and one patron for
				  every 25 square feet of the deep portion of the pool. 
				  Pf
(b)
Whirlpools.
The maximum
				  number of patrons permitted to be in the water of a whirlpool at any one time
				  shall be computed on the basis of allowing one patron for every 10 square feet
				  of whirlpool surface area. 
				  Pf
(c)
Wading pools.
The
				  maximum number of patrons permitted to be in the water of a wading pool at any
				  one time shall be computed on the basis of allowing one patron for every 15
				  square feet of wading pool surface area. 
				  Pf
(d)
Therapy and exercise
				  pools.
The maximum number of patrons permitted to be in the water of a
				  therapy or exercise pool at any one time shall be computed on the basis of
				  allowing one patron every 15 square feet of the shallow portion of the pool and
				  one patron for every 25 square feet of the deep portion of the pool. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.26 - Rescue equipment

Current through June 24, 2024
Rescue equipment shall meet all of the following:
(1) REQUIRED EQUIPMENT.
(a)
Good repair and
				  accessible.
1. All rescue equipment
				  shall be maintained in good repair. 
				  P
2. Rescue equipment shall be mounted or
				  positioned in a conspicuous place and shall be readily accessible. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.27 - First aid supplies

Current through June 24, 2024
(1) AVAILABILITY.
(a)
Pool area.
A first aid
				  kit shall be available at each pool area. 
				  P
(b)
Contents.
The first aid
				  kit shall contain all of the following items: 
				  Pf
1. Gauze pads.
2. Adhesive bandages.
3. Gauze roller bandage.
4. Adhesive tape.
5. Eye wash.
6. Elastic bandage.
7. Disposable surgical gloves.
8. Resuscitation pocket face mask.
9. Instant cold
				  packs.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.28 - Food and drink

Current through June 24, 2024
(1) LOCATION. Food
				  or drink service facilities may not be located within 12 feet of the water's
				  edge of a pool, except for swim-up bars. 
				  Pf
(2) UTENSILS. Only shatter-proof utensils for
				  food and drink shall be used in the pool area, except for approved swim-up
				  bars. 
				  Pf
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.29 - Posting pool rules

Current through June 24, 2024
(1) GENERAL.
(a)
Posting of rules; all
				  pools.
1. The operator shall post
				  pool use rules governing safety and sanitation and shall enforce those
				  rules.
2. Rules shall be conveyed
				  using words with letters at least one inch high, or symbols that are at least 4
				  inches in height and clearly visible to patrons.
3. A legible sign showing pool use rules
				  shall be posted in a conspicuous place.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.30 - Pool closing criteria

Current through June 24, 2024
(1) Reasons for
				  closure. The operator or responsible supervisor shall close a pool for any of
				  the following:
(a) The presence of a
				  hazardous substance or object in the pool or the existence of any condition
				  creating an immediate danger to health or safety, including fecal accident
				  events. 
				  P
(b) Failure to comply with the water quality
				  requirements pursuant to s. ATCP 76.16. 
				  P
(c) Failure to comply with the disinfectant
				  or sanitizer residual levels pursuant to s. ATCP 76.14, or pH values that are
				  less than 6.8 or equal to or greater than 8.0. 
				  P
(d) A nonoperational circulation pump,
				  filter, or disinfectant or sanitizer feeder. 
				  P
(e) Failure to comply with the number of
				  lifeguards or attendants pursuant to s. ATCP
				  76.23.P
(f) Absence or non-availability of a
				  responsible supervisor. 
				  P
(g) Nonfunctional emergency phone. 
				  P
(h) The pool is undergoing maintenance or
				  repair. 
				  P
(i) The pool gate or door is not equipped
				  with a self-closing and latching mechanism, except when staffed by a lifeguard
				  or attendant. 
				  P
(j) A cyanuric acid level above 300 ppm. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.31 - Fecal accident, vomit, and blood response

Current through June 24, 2024
(1) GUIDELINES FOR
				  RESPONSE. In responding to a fecal accident, vomit, and blood incident, the
				  operator shall follow the guidelines for a fecal accident, vomit, and blood
				  incident in pools used for swimming published by the United States centers for
				  disease control and prevention. 
				  P
Note:
United States centers for disease
					 control and prevention guidelines for responding to fecal accidents, vomit, and
					 blood spills may be viewed at:
https://www.cdc.gov/healthywater/swimming/aquatics-professionals/fecalresponse.html#fecal-incident
.
(2) DOCUMENTATION. The operator
				  shall document each fecal, vomit and blood contamination incident as follows:
(a)
Date, time, and chemical
				  concentrations when the event occurred.
Record the date and time of
				  the event, and the free available chlorine or bromine concentration, cyanuric
				  acid concentration, and pH of the pool water. 
				  Pf
(b)
Date, time, and chemical
				  concentrations after clean-up has occurred.
Record the date and time
				  after clean-up has occurred, and the free available chlorine concentration,
				  cyanuric acid concentration, and pH of the pool water before reopening the pool
				  to the public. 
				  Pf
(c)
Stool description.
For
				  fecal accident, whether the stool is formed or loose. 
				  Pf
(d)
Procedures followed.
The
				  procedures followed in responding to the fecal, vomit or blood contamination. 
				  Pf
(e)
Patron count.
The number
				  of patrons in the pool. 
				  Pf
(f)
Duration.
Length of time
				  between the occurrence, detection, and resolution of the incident. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.315 - Posting pool rules

Current through June 24, 2024
(1) HEALTH
				  DEPARTMENT NOTIFICATION. The operator shall contact the department or its agent
				  for operational and testing guidance when notified of a suspected waterborne
				  illness. 
				  P
(2) SUSPECTED WATERBORNE ILLNESS OUTBREAK. In
				  the event of a suspected waterborne illness outbreak, the operator shall close
				  the pool to use and contact the department or its agent for instructions
				  regarding sampling, corrective actions, and reopening procedures. 
				  P
(3) Filter media. If
Pseudomonas
				  aeruginosa, Staphylococcus aureus, or Legionella pneumophila
is
				  detected in any sample from a pool, the pool must be cleaned and sanitized and
				  filter media must be changed, as applicable, or as directed by the department
				  or its agent. 
				  P
This section is created eff. 9-24-23 by CR
						22-021.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.32 - Reports and records

Current through June 24, 2024
(1) OPERATING
				  REPORTS. The pool operator or responsible supervisor shall complete reports of
				  the pool operation on forms provided by the department or its agent to include
				  verification and documentation of all of the following:
(a) Chemical testing pursuant s. ATCP
				  76.14.
(b) Backwashing
				  completion.
(c) Breakpoint
				  chlorination.
(d) Interlock
				  testing.
(e) Anti-entrapment system
				  testing.
(f) Water
				  temperature.
(g) Safety and rescue
				  equipment maintained pursuant to ss. ATCP 76.26 and ATCP 76.27.
(h) If monthly reports are requested by the
				  department or its agent, they shall be submitted no later than the tenth day of
				  the following month. 
				  Pf
Note:
To obtain copies of the form for monthly
					 reporting of daily public pool operations, or to determine which agent to
					 contact to obtain copies, contact the bureau of food and recreational
					 businesses at (608) 224-4682 or PO Box 8911, Madison, Wisconsin
					 53708-8911.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.33 - Facility maintenance, repair, and sanitation

Current through June 24, 2024
(1) POOL AREA.
(a)
Basin.
The pool basin
				  area shall meet all of the following and be:
1. Routinely brushed or vacuumed to keep the
				  basin and surrounding appurtenances free of sediment, lint, hair, debris,
				  algae, and slime growth and discoloration.
2. Maintained free of cracks or other defects
				  and repaired or refinished as necessary to maintain it in a cleanable
				  condition.
3. Maintained in a clean
				  and sanitary condition.
4. Free of
				  glass and shatterable plastic items, except for pool test kit contents while in
				  use to test pool water according to manufacturer's instructions and in drink
				  preparation areas of a swim up bar. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter V - Operation and Management › Section ATCP 76.335 - Dog swims

Current through June 24, 2024
A pool operator shall ensure all of the following during
					 dog swim events:
(1) OPERATION.
(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. 
				  P
(b)
Disinfectant residual.
Initial disinfectant residual must be 4 ppm free chlorine or 8 ppm if cyanuric
				  acid present. 
				  P
(c)
Registration.
Registration of the dog and caretaker are required. 
				  Pf
(d)
Rabies vaccination.
All
				  dogs shall be 6 months of age or older and the owner shall provide proof of a
				  current rabies vaccination. 
				  P
(e)
Prohibited.
Splash pads,
				  spray features, play structures, whirlpools, diving boards, and slides are
				  prohibited from operation. 
				  Pf
(f)
Relief area.
Grass or an
				  alternate area shall be provided and accessible to patrons with their dogs with
				  adequate space and trash receptacles. 
				   Pf
(g)
Waste water.
Pool water
				  shall be drained by bypassing the filtration system. 
				  P
(h)
Post-event cleaning.
1. Pool shall be scrubbed and cleaned after
				  draining. 
				  P
2. The pool shall be superchlorinated before
				  startup occurs during the following season. 
				  P
(i)
Restrooms and showers
				  available.
Locker rooms may be closed, but restrooms with handwashing
				  facilities and showers must be conveniently located. 
				  Pf
(j)
Responsible supervisor.
The responsible supervisor or designee shall be present at the pool before,
				  during, and after the dog swim event. 
				  P
(k)
Duration.
Event shall be
				  limited to 3 hours total from time when the first dog enters the water. 
				  Pf
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter VI - Pool Construction and Design › Section ATCP 76.34 - Pool design

Current through June 24, 2024
(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. 
				  P
(2) GATES AND DOORS MAINTAINED.
(a)
Maintained.
All gates
				  and doors into the pool area shall be maintained and checked for proper
				  operation. 
				  P
(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. 
				  P
(c)
Locked.
Gates and doors
				  shall be locked when the pool is not open to the public or is not in use. 
				  P
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 76 - Safety, Maintenance, and Operation of Public Pools and Water Attractions › Subchapter VI - Pool Construction and Design › Section ATCP 76.35 - Waterslide and pool slide design

Current through June 24, 2024
(1) DESIGNED AND
				  INSTALLED. All waterslides and pool slides shall be designed, installed, and
				  lubricated pursuant to s. SPS 390.31. 
				  Pf
(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.
				  
				  P
This section is created eff. 9-24-23 by CR
						22-021.