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Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter I - Administration › Section SPS 390.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Accessible" means easily and readily
					 exposed for inspection and the replacement of materials or parts with the use
					 of tools.
(2) "ANSI" means the
					 American National Standards, Institute, Inc.
(3) "Approved" means acceptable to the
					 department based on its determination of conformance with this chapter and good
					 public health practices.
(4) "ASME"
					 means the American Society of Mechanical Engineers.
(5) "Basin" means any vessel constructed of
					 manmade materials and designed to hold water to be used as a public swimming
					 pool or water attraction.
(6) "Bed
					 and breakfast establishment" has the meaning found in s.
					 97.01(1g),
					 Stats.
Note:
Section
						97.01(1g),
						Stats., reads: Bed and breakfast establishment means any place of lodging that
						satisfies all of the following:
(a)
					 Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or
					 transients.
(b) Provides no meals
					 other than breakfast and provides the breakfast only to renters of the
					 place.
(c) Is the owner's personal
					 residence.
(d) Is occupied by the
					 owner at the time of rental.
(e) Was
					 originally built and occupied as a single-family residence, or, prior to use as
					 a place of lodging, was converted to use and occupied as a single-family
					 residence.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter I - Administration › Section SPS 390.05 - Construction

Current through June 24, 2024
(1). CONSTRUCTION SUPERVISION.
(a)
Options.
1. The installation, alteration or
					 reconstruction of any public swimming pool or water attraction shall be under
					 the supervision of a construction contractor pursuant to s.
					 443.14(6),
					 Stats., or a Wisconsin registered architect or engineer.
Note:
Section
						443.14(6),
						Stats., reads: Notwithstanding any other provision of this chapter,
						contractors, subcontractors or construction material or equipment suppliers are
						not required to register under this chapter to perform or undertake those
						activities which historically and customarily have been performed by them in
						their respective trades and specialties, including, but not limited to, the
						preparation and use of drawings, specifications or layouts within a
						construction firm or in construction operations, superintending of
						construction, installation and alteration of equipment, cost estimating,
						consultation with architects, professional engineers or owners concerning
						materials, equipment, methods and techniques, and investigations or
						consultation with respect to construction sites, provided all such activities
						are performed solely with respect to the performance of their work on buildings
						or with respect to supplies or materials furnished by them for buildings or
						structures or their appurtenances which are, or which are to be, erected,
						enlarged or materially altered in accordance with plans and specifications
						prepared by architects or professional engineers, or by persons exempt under
						subs. (1) to (5) while practicing within the scope of their exemption.
2. The supervising construction
					 contractor, architect or engineer shall be responsible for the public swimming
					 pool or water attraction being in conformance with this chapter and the plans
					 and specifications approved by the department.
3. At the time of the arranging the first
					 inspection, the owner or the owner's authorized agent shall designate to the
					 department the name and address of the supervising construction contractor or
					 the name and certification number of the supervising architect or
					 engineer.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter I - Administration › Section SPS 390.07 - Fines

Current through June 24, 2024
Any person who violates this chapter or any plan or
						specification included as part of an approval that is issued under this chapter
						shall be fined pursuant to s.
						145.26(6),
						Stats., not less than $100 nor more than $5,000 for each violation. Each day of
						continued violation is a separate offense.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.10 - Minimum design requirements

Current through June 24, 2024
(1). GENERAL
					 REQUIREMENTS.
(a) Any construction or
					 alteration of a pool or water attraction shall be designed and installed as
					 specified under this subchapter.
(b) The design of pools and water attractions
					 shall be based on generally accepted engineering practices. Some of the details
					 of design, construction and installation may vary from the specifications of
					 this code, but the basic engineering principles desirable and necessary to
					 protect the health and safety of pool users and patrons shall be used by the
					 department for situations not addressed in this subchapter.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.11 - Basin design

Current through June 24, 2024
(1). GENERAL.
(a) Except as provided in par. (b) or (c),
					 pool and water attraction basins shall conform to all of the requirements in
					 this section.
(b) Therapy pool
					 basin designs shall comply with the basic principles in s.
					 SPS 390.10(1)
					 (b).
(c) Competition pool basins may be designed
					 in accordance with the standards of the sanctioning organization.
(d) Competition pool basins that do not
					 comply with s.
					 SPS
					 390.10(8) and made available for open
					 swim shall be permitted only where another pool or water attraction that
					 complies with s.
					 SPS
					 390.10(8) is available at the site
					 for open swim.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.12 - Entries and exits, stairs, ladders, swimouts and benches

Current through June 24, 2024
(1). ENTRIES AND
					 EXITS. The minimum number, type and location of entries and exits shall be in
					 accordance with Table 390.12-1.
Table 390.12-1
Entry and Exit Locations and Type
Basin Type
Entry and Exit Requirements
POOLS
Swimming Pools
Minimum of two exits
Exits within 75 feet along perimeter
Therapy Pools
As approved by the department
Wading Pools
Minimum of 50 percent of the pool
Whirlpools or Cold Soak Pools
Recessed stairs 25 feet from any point in the
									 poola
WATER ATTRACTIONS
Wave Pools
Entry and exit at zero-depth entry,
									 onlyb
Activity Pools
Exits within 50 feet from any point in the
									 pool
Plunge Pools
Entry from slide, only
Exits within 50 feet from any point
in the poola
Leisure Rivers
Minimum of one entry and exit
Vortex Pools
Minimum of one entry and exit
DIVING AREAS as delineated in s.
									 SPS
									 390.11(3)
Diving Areas
On the perimeter of the pool within 50 feet of
									 any point in the diving areaa
Other Basin Types
Contact the department
a Travel to stairs is measured
						as the most direct path within the basin.
b Emergency exits may be permitted
						with written approval of the department.
a Travel to stairs is measured
						as the most direct path within the basin.
b Emergency exits may be
						permitted with written approval of the department.
(2). ZERO-DEPTH AND SHALLOW ENTRIES.
(a) Except as permitted in par. (b) stairs,
					 ladders, recessed treads and swimouts may serve as acceptable entries and
					 exits.
(b) Where the distance from
					 the pool floor to deck surface is 24 inches or less, such areas shall be
					 considered as providing their own natural mode for entry and exit.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.13 - Deck

Current through June 24, 2024
(1)
					 MINIMUM DECK.
(a) Except as permitted in
					 pars. (b) to (e), deck shall extend around the entire perimeter of all basins
					 within the same enclosure.
(b) A
					 water attractions shall be provided with deck immediately adjacent to a basin
					 where patrons are allowed to walk.
(c) A wading pool shall be provided with deck
					 around at least 50 percent of the basin perimeter.
(d) A whirlpool shall be provided with deck
					 around at least 50 percent of the basin perimeter.
(e) A therapy pool shall be provided with
					 deck at all entry and exit points.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.14 - Circulation systems

Current through June 24, 2024
A water circulation system consisting of pumps, piping
						return inlets and suction outlets, filters and other necessary equipment shall
						be provided that complies with all of the following requirements:
(1).TURNOVER RATE. Circulation system
					 equipment shall be designed to produce a turnover rate as specified in Table
					 390.14-1 or Table 390.14-2.
Note:
See ch. SPS 390 Appendix for further
						information.
Table 390.14-1
Maximum Turnover
						Ratesa
Area/Basin
									 Typeb
Maximum Turnover Rate
									 (hours)c
Swimming/Diving
6
Activity
2d
Interactive Play Attraction
0.5
Lap Lanes
6
Leisure River
2
Plunge
1
Runout Slide
1
Vortex
1
Wave
2
Cold Soak
4
Wading Pool
1
Whirlpool
0.5
a Calculate an average
						turnover time for multi-sectional basins.
b For pool types not listed
						herein, contact the department.
c Based on flow and pressure
						drop with a clean filter condition.
d Or as otherwise approved by
						the department.
Table 390.14-2
Therapy/Exercise Turnover Times
Temperature in ºF
Loada
										(gals/person)
Maximum Turnover Time
									 (hours)
< 72 - 93
>= 2,500
4
< 72 - 93
>= 450
2
< 72 - 93
<= 450
1
> 93 - 104
N/A
0.5
N/A Not applicable
a The number of persons is
						equal to the posted patron load.
Note:
A therapy area within a multi-section
						pool having a temperature of < 93 oF is considered to be an activity
						pool.
(2). SEPARATE
					 SYSTEMS. The circulation system shall be separate for each public swimming pool
					 or water attraction.
(3).
					 SEPARATION FROM SLIDES AND PLAY FEATURES.
(a)
					 Except as provided in pars. (b) and (c), public swimming pool or water
					 attraction circulation systems may not serve slide or spray features.
(b) A maximum of 10 percent of the required
					 circulation system rate may be provided for the lubrication of slides or to
					 spray features.
(c) Flow in excess
					 of the required circulation rate may serve slides and spray features.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.16 - Mechanical systems

Current through June 24, 2024
(1). ELECTRICAL. Electrical components shall
					 comply with the requirements of ch. SPS 316.
(2). WATER HEATERS.
(a) Water heating equipment shall comply with
					 chs.
					 SPS 364 and
					 365.
(b) A thermometer accurate to within plus or
					 minus 2oF of the operating range shall be installed in the circulation
					 piping.
(c) The thermometer
					 required in par. (b) shall be accessible for reading.
(d) The use of a toxic solution, such as, but
					 not limited to, heat transfer fluid in a single-wall heat exchanger, is
					 prohibited.
(e) Water heaters and
					 hot water storage tanks shall be equipped with temperature and pressure relief
					 valves in accordance with ch. SPS 384.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.17 - Sanitizing equipment

Current through June 24, 2024
(1) EQUIPMENT STANDARDS.
(a) Sanitizing equipment shall be certified
					 to comply with the requirements of NSF/ANSI 50.
(b) A chemical system that provides the
					 residual required by ch. ATCP 76 shall be installed when an alternative means
					 of disinfection is proposed.
Note:
Alternative disinfection systems
						include ultraviolet light, ozone and electrolytic chlorine generation, but are
						not limited to those systems.
(c) Sanitizing equipment shall be capable of
					 introducing a sufficient quantity of a U.S. EPA-approved sanitizer for normal
					 operating procedures.
Note:
See ch. ATCP 76 for disinfectant
						concentration and efficacy requirements.
(d) Sanitizing equipment shall be certified
					 by a nationally recognized testing laboratory.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.18 - Safety features

Current through June 24, 2024
(1). ROPE AND FLOAT LINES.
(a)
1.
					 Except as permitted in subd. 2., a rope and float line shall be provided in all
					 basins:
a. To separate activity areas, such
					 as plunge areas, climbing walls, pad walks and other areas where patron
					 activity may harm others.
b. To
					 restrict access to the caisson wall in wave pools.
c. To identify water depth greater than 5.5
					 feet in combination pools and activity pools.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter II - The Design of Public Swimming Pool and Water Attractions › Section SPS 390.19 - Toilet room and sanitary facilities

Current through June 24, 2024
(1). GENERAL
					 REQUIREMENTS.
(a) Toilet and handwash
					 facilities, and public drinking fountains shall be located so to be accessible
					 by a length of paved walking surface no greater than 300 feet from the nearest
					 rim of the most distant public swimming pool or water attraction.
(b) Showers and dressing facilities shall be
					 provided and located on the premises and accessible by a length of paved
					 walking surface.
Note:
All applicable building requirements
						of chs.
						SPS
						361 to
						366 shall apply to the
						construction of bathhouses.
(c)
1. The
					 floors of toilet rooms and dressing areas serving public swimming pools or
					 water attractions shall have a smooth, hard, nonabsorbent, slip-resistant
					 surface.
2. A smooth, hard,
					 nonabsorbent surface shall extend upward on the walls at least 6
					 inches.
3. Junctions between walls
					 and floors shall be coved.
4. When
					 floor drains are installed, drain openings shall be ¼ inch or less in
					 width or diameter.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter III - Wading Pools, Whirlpools, Interactive Play Attractions and Cold Soak Pools - Special Requirements › Section SPS 390.20 - Wading pools

Current through June 24, 2024
Wading pools shall be in compliance with the applicable
						requirements of ss.
						SPS
						390.04 to
						390.19 and with this section:
(1) The maximum depth of water in a wading
					 pool may not exceed 24 inches.
(2)
					 The maximum depth of water at the accessible perimeter of a wading pool may not
					 exceed 18 inches.
(3) A piping
					 system may be used to allow a wading pool to be filled using pool water from an
					 adjacent basin, other than a whirlpool, when the water quality meets the
					 requirements in ch. ATCP 76 prior to use.
Note:
See ch. SPS 390 Appendix for filling
						options.
(4) Obstructions
					 extending from the walls or bottom of the wading pool are not permitted except
					 with the approval of the department based on design safety.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter III - Wading Pools, Whirlpools, Interactive Play Attractions and Cold Soak Pools - Special Requirements › Section SPS 390.21 - Whirlpools and cold soak pools

Current through June 24, 2024
Whirlpools and cold soak pools shall be in compliance
						with the applicable requirements of ss.
						SPS
						390.04 to
						390.19 and with this section:
(1) All walls within 5 feet of the whirlpool
					 or cold soak pool shall be constructed of impervious material to a height of at
					 least 3 feet above the deck.
(2)
(a)
1.
					 Except as provided in subd. 2. or 3., an observation window shall be provided
					 if a whirlpool is located in a separate, enclosed room to allow the owner or
					 operator a clear observation of the whirlpool or cold soak pool from outside
					 the room.
2. A private guest room
					 equipped with a telephone.
3. A
					 whirlpool or cold soak pool room where a camera and remote observed monitor is
					 provided.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter III - Wading Pools, Whirlpools, Interactive Play Attractions and Cold Soak Pools - Special Requirements › Section SPS 390.22 - Interactive play attractions

Current through June 24, 2024
Interactive play attractions shall be in compliance with
						the applicable requirements of ss.
						SPS
						390.04 to
						390.19 and with this section.
(1).DESIGN AND MATERIALS.
(a) All materials for walking surfaces on an
					 interactive play attraction shall be slip-resistant.
(b)
1. A
					 splash zone of an interactive play attraction shall be sloped to drain to the
					 surge tank or pool within the same basin.
2. All exterior walking surfaces shall be
					 sloped to drain away from the splash zone.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter IV - Play Features and Slides › Section SPS 390.30 - Play features

Current through June 24, 2024
(1). GENERAL. Structures and devices not
					 intended for patron activities such as climbing, walking and hanging shall be
					 either designed or supervised to prevent such action.
(2). IN-WATER PLAY FEATURES.
(a) In-water play features installed shall be
					 subject to this subsection.
Note:
Examples of in-water play features
						include, but are not limited to, floating boats and trucks, floatable walks,
						floatables, spray pad features not in conjunction with a pool or water
						attraction with a circulation system and other permanently installed
						features.
(b)
1. Floating play features may not be
					 installed in pools with water depths of less than 36 inches.
2.
a.
					 Except as provided in subd. 2. b., a minimum 3 feet of water depth shall be
					 maintained at least 6 feet in every direction from any tethered play
					 feature.
b. A tethered play feature
					 may be located within 6 feet of a wall when that portion of the wall is padded
					 to a point 6 feet from the play feature.
Note:
Padding need only cover the wall
						above the waterline.
(c) The means of anchoring of tethered play
					 features shall be configured in such a manner as to minimize circumstances of
					 possible entrapment of patrons, bodies, hair, limbs or appendages when in
					 contact with any element of the play feature or its anchors.
Note:
The use of jacketed chains or cables
						meets this requirement.
(d)
					 All in-water play features shall be designed and installed to prevent injury to
					 the user and constructed so as not to create a safety hazard.
(e)
1.
					 Except as permitted in subd. 2., the length and width of a tethered, in-water
					 play feature shall not exceed 42 inches.
2. A tethered, in-water play feature may
					 exceed 42 inches in length when the width, excluding appendages, does not
					 exceed 24 inches.
3. The height of
					 a tethered, in-water play feature shall not exceed 20 inches.
(f)
1. When more than one pad walk is located in
					 the same pool basin, a minimum separation of 10 feet between pad walks shall be
					 provided.
2. All deck or basin
					 obstructions within 6 feet of a pad walk shall be padded or encased so as to
					 protect users from abrasion, laceration or contusion.
(g) Two floatables, other than two pads
					 within a pad walk, shall be separated by a minimum of 10 feet.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter IV - Play Features and Slides › Section SPS 390.31 - Slides

Current through June 24, 2024
(1). GENERAL. All slides installed as an
					 appurtenance to a public swimming pool or water attraction shall be designed,
					 manufactured and permanently installed so as to provide a safe and healthy
					 environment for the rider and other occupants of the facility.
Note:
For accessibility information, refer
						to the final accessibility guidelines for recreational facilities, Federal
						Register, Vol. 67, No. 170, as published Tuesday, September 3, 2002.
(2). DESIGN AND MANUFACTURING.
(a) The total water volume of a separate
					 balancing tank serving runout slides shall be a minimum of 2 times the combined
					 flow rate of the pumps or of a sufficient volume based on velocity and time of
					 the propulsion system and backwash requirements.
(b) Pool slides, drop slides and waterslides
					 shall be so designed that parts with external surfaces that may come in contact
					 with a person using the slide are assembled, arranged and finished so that they
					 are smooth and continuous with and will not cut, pinch, puncture or cause an
					 abrasion to any person.
(c) All
					 slide flumes shall be designed and constructed so as each person using the
					 waterslide remains inside the flume path during normal use.
(d) All curves, turns and tunnels on the path
					 of a flume shall be designed and constructed so as not to present a hazard to
					 any person using the slide under normal use.
(e) Pool slides, drop slides and waterslides
					 shall be designed to support the intended use.
(f) On-site constructed towers, stairs,
					 platforms and elevated decks providing access to slides shall conform to chs.
					 SPS
					 361 and
					 362.
(g)
1.
					 Slides installed in facilities without a lifeguard staffing plan shall occupy
					 no more than 10 percent of the pool perimeter.
2. Slide structures shall have a maximum
					 individual obstruction width of 20 feet.
(h) For waterslides and runout slides, all
					 closed curved flumes shall be a minimum of 32 inches in diameter.
(i) For all other slides listed in Table
					 390.31-1, the slide terminus shall be designed to not allow riders to cross
					 into the path of another rider.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 390 - Design And Construction Of Public Swimming Pools And Water Attractions › Subchapter V - Incorporation of Standards › Section SPS 390.40 - Incorporation of standards by reference

Current through June 24, 2024
(1). CONSENT.
					 Pursuant to s.
					 227.21(2),
					 Stats., the attorney general has consented to the incorporation by reference of
					 the standards listed in sub. (3).
Note:
Copies of the adopted standards are
						on file in the offices of the department and the Legislative Reference Bureau.
						Copies of the standards may be purchased through the respective organizations
						listed in Tables 390.40 -1 to 390.40-2.
(2). ALTERNATE STANDARDS.
(a)
1.
					 Alternate standards that are equivalent to or more stringent than the standards
					 referenced in this code may be used in lieu of the referenced standards when
					 approved by the department or if written approval is issued by the department
					 in accordance with par. (b).
2.
					 Upon receipt of a fee as specified in ch. SPS 302 and a written request, the
					 department may issue an approval for the use of the alternate
					 standard.
3. The department shall
					 review and make a determination on an application for approval within 40
					 business days of receipt of all forms, fees and documents required to complete
					 the review.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.01 - Purpose

Current through June 24, 2024
This chapter has the following purposes:
(1) This chapter establishes minimum
				  standards and criteria for the design, installation and maintenance of
				  sanitation systems and devices which are alternatives to water-carried waste
				  plumbing fixtures and drain systems so that these sanitation systems and
				  devices are safe and will safeguard public health and the waters of the
				  state.
(2) This chapter establishes
				  criteria for equal speed of access to toilets for each gender in restrooms
				  serving an amusement facility and a specialty event center where the public
				  congregates.
Chapter
						SPS
						361 to
						366 relating to commercial
						buildings and structures specifies the minimum number of toilet facilities for
						women and men.
Note: Chapter
						SPS 390 relating to swimming
						pools and water attractions contains minimum number of toilet facilities for
						women and men.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.02 - Scope

Current through June 24, 2024
(1)
				  This chapter has the following applications:
(a) This chapter applies to all composting
				  toilet systems, incinerating toilets, pit privies and vault privies installed
				  or constructed on or after the effective date of this chapter.
(b) This chapter applies to separate-gender
				  restrooms serving an amusement facility and a specialty event center where the
				  public congregates that are constructed or altered as specified in s.
				  SPS
				  391.14.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Amusement facility" has the meaning
				  given in s.
				  101.128(1)
				  (a), Stats.
(2) "Composting toilet system" means a method
				  that collects, stores and converts by bacterial digestion nonliquid-carried
				  human wastes or organic kitchen wastes, or both, into humus.
(3) "Department" means the department of
				  safety and professional services.
(4) "Facility where the public congregates"
				  has the meaning given in s.
				  101.128(1)
				  (b), Stats.
(5) "Incinerating toilet" means a
				  self-contained device for the treatment of nonliquid carried wastes that
				  deposits the wastes directly into a combustion chamber, reduces the solid
				  portion to ash and evaporates the liquid portion.
(6) "Pit privy" means an enclosed nonportable
				  toilet into which nonwater-carried human wastes are deposited to a subsurface
				  storage chamber that is not watertight.
(7) "Portable restroom" means a
				  self-contained portable unit that includes fixtures, incorporating holding tank
				  facilities, designed to receive human excrement.
(8) "Specialty event center" has the meaning
				  given in s.
				  101.128(1)
				  (g), Stats.
(9) "Vault privy" means an enclosed
				  nonportable toilet into which nonwater-carried human wastes are deposited to a
				  subsurface storage chamber that is watertight.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.04 - Registrations

Current through June 24, 2024
The installation of a vault privy or a pit privy to serve a
					 state-owned facility shall be registered with the department prior to
					 installation. The registration of a vault privy shall be accompanied by
					 sufficient information to determine compliance with s.
					 SPS
					 384.25. The registration of a pit privy shall be
					 accompanied by sufficient soil information to determine compliance with s.
					 SPS
					 383.44(4) (b).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.10 - Composting toilet systems

Current through June 24, 2024
(1) The materials,
				  design, construction and performance of a composting toilet system shall
				  conform to NSF Standard 41.
(2) All
				  composting toilet systems shall be listed by a testing agency acceptable to the
				  department.
Note:
Listing agencies acceptable to the
					 department include the American Gas Association; Canadian Standards
					 Association; NSF International; Underwriter's Laboratories; and Warnock
					 Hersey.
(3)
(a) Components for the storage or treatment
				  of wastes shall be continuously ventilated.
(b) Ventilation ducts or vents for the
				  composting toilet system shall conform to s. SPS 382.31 (16).
Note:
See appendix for a reprint of portions
					 of s. SPS 382.31 (16).
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.11 - Incinerating toilets

Current through June 24, 2024
(1) The design, construction and installation
				  of a gas-fired incinerating toilet shall conform to ANSI Z21.61.
(2) The materials, design, construction, and
				  performance of an electric-fired incinerating toilet shall conform to NSF
				  Protocol P157.
(3) All electric and
				  gas-fired incinerating toilets shall be listed by a testing agency acceptable
				  to the department.
Note:
Listing agencies acceptable to the
					 department include the American Gas Association, Canadian Standards
					 Association, NSF International, Underwriter's Laboratories, and Warnock
					 Hersey.
(4)
(a) The disposal of the end product shall be
				  of in accordance with 40 CFR Part 503, Standards for the Use or Disposal of
				  Sewage Sludge.
Note:
Materials relating to 40 CFR part 503,
					 including, "Domestic Septage Regulatory Guidance: A Guide to the EPA 503 Rule",
					 are available at epa.org.
(b) The disposal of any liquid from an
				  incinerating toilet shall be either to a public sanitary sewer system or a
				  POWTS conforming to ch. SPS 383.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.12 - Privies

Current through June 24, 2024
(1)
(a) The
				  storage chamber of a vault privy shall conform with the requirements of s.
				  SPS
				  384.25 relating to holding tanks, and shall have a
				  minimum storage capacity of 200 gallons or one cubic yard.
(b)
1. The
				  storage chamber of a pit privy shall be sited and located in soil recognized to
				  provide treatment and dispersal in accordance with s.
				  SPS
				  383.44(4) (b).
Note: Chapter
					 SPS
					 385 establishes procedures for conducting soil
					 evaluations and preparing soil evaluation reports. Section
					 SPS 305.33
					 delineates the qualifications and certification procedures for individuals who
					 conduct soil evaluations.
2. Governmental units may set standards for
				  the structure above the vault or pit for one- and two-family
				  dwellings.
3. Privies for public
				  use shall meet the requirements of this section and chs.
				  SPS
				  361 to
				  366.
Note: Chapters
					 NR 811 and 812 establish minimum
					 separation distances between a pit or vault privy and a potable well. Chapters
					 NR 811 and 812 are administered by
					 the department of natural resources.
(c) The storage chamber of a vault privy
				  shall be anchored to prevent flotation caused by saturated soil
				  conditions.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.13 - Portable restrooms

Current through June 24, 2024
(1) The storage chamber of a portable
				  restroom into which human waste is to be deposited shall be
				  watertight.
(2) The entire floor
				  and the side walls to a height of not less than 4 inches of a portable restroom
				  shall be of a material impervious to water.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.14 - Equal speed of access to toilets

Current through June 24, 2024
(1) APPLICATION.
				  This section applies to the toilet fixtures in separate-gender restrooms
				  serving an amusement facility and a specialty events center where the public
				  congregates that are constructed or renovated on or after January 1, 2006 only
				  if one of the following occurs:
(a) New
				  separate-gender restrooms are constructed or separate-gender toilets are
				  provided, in which case this section applies only to the new
				  restrooms.
(b) More than 50 percent
				  of the square footage of an existing separate-gender restroom is renovated, in
				  which case this section applies only to the renovated portion.
Note:
Under section
					 101.128(1)
					 (d), Stats., " `renovation' means any
					 structural remodeling, improvement or alteration of an existing facility where
					 the public congregates. `Renovation' does not include any of the
					 following:
1. Reroofing.
2. Cosmetic remodeling, including painting or
				  the installation of wall covering, of paneling, of floor covering or of
				  suspended ceilings.
3. An
				  alteration to an electrical or mechanical system."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Section SPS 391.20 - Incorporation of standards by reference

Current through June 24, 2024
(1) CONSENT.
				  Pursuant to s.
				  227.21,
				  Stats., the attorney general has consented to the incorporation by reference of
				  the standards listed in sub. (3).
(2) COPIES. Copies of the adopted standards
				  are on file in the offices of the department and the legislative reference
				  bureau. Copies of the standards may be purchased through the respective
				  organizations listed in sub. (3).
(3) ADOPTION OF STANDARDS. The standards
				  referenced in pars.
(a) to (c) are
				  incorporated by reference into this chapter.
(a) ANSI Z21.61-1983: Gas-Fired Toilets,
				  American National Standard Institute, 25 West 43 rd Street, 4 th Floor, New
				  York, NY 10036.
(b) NSF 41-2016:
				  Non-Liquid Saturated Treatment Systems, NSF International, 6300 Interfirst
				  Drive, Ann Arbor, MI 48108.
(c) NSF
				  Protocol P157-2014: Electrical Incinerating Toilets - Health and Sanitation,
				  NSF International, 6300 Interfirst Drive, Ann Arbor, MI 48108.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 391 - Sanitation › Appendix - SPS 391 Appendix

Current through June 24, 2024
The material and information contained in this appendix is
					 for clarification purposes only. Appendix material and information are numbered
					 to correspond to the rule number as it appears in the text of the code.
					 Material and information included in this appendix is subject to change without
					 notice, including names, addresses, phone numbers and forms, and reflects
					 information known at the time of publication.
A-391.10 (3) (b) Section
					 SPS 382.31(16) (a) to
					 (f) reads as follows:
382.31 (16) VENT TERMINALS. All vents and vent systems
					 shall terminate in the open air in accordance with this subsection.
(a) Extension above roofs. Extensions of vents through a
					 roof shall terminate at least 8 inches above the roof. Where the roof is to be
					 used for any purpose other than weather protection, the vents shall extend at
					 least 7 feet above the roof.
(b) Waterproof flashings. The penetration of a roof system
					 by a vent shall be made watertight with an approved flashing.
(c) Prohibited uses. Vent terminals shall not be used as
					 flag poles, support for antennas or other similar purposes.
(d) Location of vent terminals.
1. A vent shall not terminate under the overhang of a
					 building.
2. All vent terminals shall be located:
a. At least 10 feet from an air intake;
b. At least 5 feet from a power exhaust vent;
c. At least 10 feet horizontally from or 2 feet above roof
					 scuttles, doors and openable windows; and
d. At least 5 feet from or 2 inches above parapet
					 walls.
3. Where a structure has an earth covered roof extending
					 from surrounding grade, the vent extension shall run at least 7 feet above
					 grade and terminate with an approved vent cap. The portion of vent pipe outside
					 the structure shall be without joints, except one fitting may be installed
					 where the pipe leaves the top or side of the structure.
(e) Extension through wall. Where approved by the
					 department, a vent may terminate through an exterior wall. Such a vent shall
					 terminate at least 10 feet horizontally from any lot line and shall terminate
					 downward. The vent shall be screened and shall comply with par. (d).
(f) Extensions outside buildings. Drain or vent pipe
					 extensions shall not be located or placed on the outside of an exterior wall of
					 any new building, but shall be located inside the building.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 456 - MANUFACTURED HOUSING REHABILITATION AND RECYCLING › Section SPS 456.40 - Applying for a grant from the department

Current through June 24, 2024
The format that is currently prescribed can be obtained
						from the department at MHRR, P.O. Box 8935, Madison, WI 53708-8935; and may be
						available by accessing the department's Web site at
http://dsps.wi.gov
and searching for
						the manufactured housing rehabilitation and recycling program.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 500 - SMALL BUSINESS ENFORCEMENT DISCRETION › Section SPS 500.01 - Purpose

Current through June 24, 2024
This chapter does not limit the department's general
						statutory authority, such as under s.
						101.02,
						Stats., to exercise discretion in the enforcement of rules in order to gain
						compliance by any business.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 301-399 - Safety, Buildings, and Environment › SPS 388 - General, Part IV › Chapter SPS 500 - SMALL BUSINESS ENFORCEMENT DISCRETION › Section SPS 500.03 - Definitions

Current through June 24, 2024
Section
						227.114(1),
						Stats., reads in part, as follows: 'Small business' means a business entity,
						including its affiliates, which is independently owned and operated and not
						dominant in its field, and which employs 25 or fewer full-time employees or
						which has gross annual sales of less than $5,000,000."
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 400 - Educational Approval › Chapter SPS 404 - Approval Of Schools › Section SPS 404.01 - Approval of schools and courses of instruction

Current through June 24, 2024
(1) APPROVAL
				REQUIRED. A school shall not operate, conduct business, offer any program,
				advertise or enroll students unless it has been approved or determined to be
				exempt under s.
				440.52(1)
				(e), Stats. The department may issue a cease
				and desist order to any school that is in violation of this
				subsection.
(2) INVESTIGATION AND
				INSPECTION. Upon application, the department shall investigate and evaluate
				schools doing business within this state, whether located within or outside
				this state, and programs offered by these schools, and approve schools and
				programs including schools with branches in more than one location.
(2m) DENIAL OF APPROVAL.
(a) The department may deny an initial
				request for school or program approval if the school fails to provide the
				information required under s.
				SPS
				404.03 or fails to meet the criteria under s.
				SPS
				404.04, as determined by the department.
(b) A decision to deny initial school
				approval shall be sent by certified mail, return receipt requested, to the last
				address of record.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 400 - Educational Approval › Chapter SPS 404 - Approval Of Schools › Section SPS 404.02 - Approval of schools prior to operation

Current through June 24, 2024
(1) CRITERIA.
				Schools planned or proposed for operation can be approved upon application as
				provided by s. SPS 404.03 which gives evidence that the planned or proposed
				school meets approval requirements.
(2) PERIOD OF INITIAL APPROVAL. A school not
				yet in operation may be approved for a period of operation not to exceed 6
				months. Prior to beginning the second month of operation, the school shall
				submit to the department full descriptions of physical space, materials, and
				equipment in use and qualifications of instructional staff currently
				employed.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 400 - Educational Approval › Chapter SPS 404 - Approval Of Schools › Section SPS 404.03 - Application for approval

Current through June 24, 2024
(1) No school shall
				be approved unless it makes application, through its officers or an owner, upon
				department forms. An application for approval shall include, at a minimum:
(a) Mission of the school.
(b) Bylaws and regulations established for
				the school's governance and operation.
(c) A description of the degrees and programs
				offered, including learning outcomes.
(d) A copy of the enrollment agreement, if
				any, the school anticipates using in Wisconsin; meeting the requirements of ch.
				SPS 406.
(e) A statement of its
				cancellation policy meeting the minimum requirements set out in ch. SPS
				408.
(f) A description of the
				school's placement services.
(g) A
				copy of all advertising recently used or reasonably expected to be used in
				Wisconsin by the school.
(h) A
				current balance sheet and income statement using department forms.
(i) A surety bond as required by s. SPS
				404.06.
(j) A description of the
				school's location, buildings, and equipment.
(k) A list of faculty members indicating
				their education, preparation and experience.
(L) Documentation that applicable fire,
				safety, and health codes are met at schools and teaching locations (except for
				public school buildings).
(m) A
				statement that the school provides equal opportunity for all persons regardless
				of age, race, creed, disability, sex, religion, sexual preference, or political
				affiliation.
(n) Any other
				information so that the school and its programs may be evaluated according to
				the criteria set forth in s. SPS 404.04.
Wisconsin Administrative Code › Department of Safety and Professional Services › SPS 400 - Educational Approval › Chapter SPS 404 - Approval Of Schools › Section SPS 404.04 - Criteria for approval of schools and programs of instruction

Current through June 24, 2024
(1) CONTENT AND
				INSTRUCTION.
(a) The program, curriculum and
				instruction must be of such quality, content and length as may reasonably and
				adequately achieve the stated objective for which offered and comparable to
				similar programs in approved schools.
(b) The administrators and instructors of the
				school shall have suitable educational qualifications and experience, and be of
				good reputation and character.
(c)
				The school shall have a sufficient number of instructors to provide adequate
				student-teacher ratios.
(cm) The
				school shall demonstrate that its instructors have the occupational, academic
				and teaching qualifications needed for the programs they teach.
(d) The approval of programs, which are
				innovative and not comparable to currently approved private or public programs,
				shall be based on demonstrable quality and documented labor market needs, a
				description of the program development process and evidence of third-party
				review.