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 76.05 - License to operate a pool

Current through June 24, 2024
(1) LICENSE
				  REQUIRED. A license is required for a public pool if it serves or is installed
				  for use by the state, a political subdivision of the state, a motel, a hotel, a
				  resort, a camp, a campground, a club, an association, a housing development, an
				  apartment complex with 3 or more dwelling units, a condominium complex, or a
				  housing complex having a homeowners' association, a school, a religious,
				  charitable or youth organization, or an educational or rehabilitative facility.
(a)
Conditions requiring a
				  license.
No person may operate a pool without a license from the
				  department or its agent, except as provided under par. (c) 2. A separate
				  license is required for each pool basin.
(b)
Pool modification.
A
				  pool for which a license has been issued and is later modified into a different
				  pool type shall require a new license and the operator shall pay all applicable
				  fees.
(c)
Transfer of
				  ownership.
1. If a license holder
				  sells or otherwise transfers ownership or operation of a pool to another
				  person, a new license is required pursuant to s.
				  97.67(2) (a),
				  Stats., and the pool may not be opened to the public until the department or
				  its agent issues a new license.
2.
				  Pursuant to s. 97.67(2) (b) and
				  (c), Stats., an individual may transfer a
				  license to an immediate family member if the individual is transferring
				  operation of the pool. A sole proprietorship that reorganizes as a business
				  entity, as defined in s.
				  180.1100(1g),
				  Stats., or a business entity that reorganizes as a sole proprietorship or a
				  different type of business entity, may transfer a license to the newly formed
				  business entity or sole proprietorship if the pool remains at the location for
				  which the license was issued and at least one individual who had an ownership
				  interest in the sole proprietorship or business entity to which the license was
				  issued has an ownership interest in the newly formed sole proprietorship or
				  business entity.
3. Except as
				  provided in this paragraph, no license issued under this chapter is
				  transferable from one premise to another or from one person or entity to
				  another.
4. An operator who wishes
				  to transfer a license under par. (c) shall notify the department or its agent
				  prior to the transfer of the operation of the pool.
Note:
To notify the department of a transfer
					 of ownership, call (608) 224-4923 or send an email to
					 datcpdfslicensing@wi.gov.
(d)
Preinspection required.
Before the department or its agent may issue a license to operate a pool under
				  sub. (1), the department or its agent shall conduct a preinspection. A
				  preinspection is not required for a transfer of a license under par. (c)
				  2.