(1) APPLICABILITY.
This chapter applies to all public pools and water attractions. Unless the
context clearly indicates otherwise, references to "pool" in these rules means
a public pool or water attraction.
(2) VARIANCES. When it appears to the
department that strict adherence to a provision of this chapter is impractical
for a particular pool, the department may approve a variance from that
provision requested by that pool operator if the operator provides the
department with satisfactory proof that the approval of the variance will not
jeopardize the public's health, safety, or welfare.
(a)
Procedure for variance
request.1. Request for modification
or waiver of a requirement of this chapter shall be submitted in writing to the
department or its agent, along with documentation specified in subd.
4.
2. A local inspector shall
review the request and forward it to the department with recommendations for
approval or disapproval.
3. On
receipt of a complete variance request as specified in this section, the
department shall review the request and grant or deny the request in writing
within 30 working days. A variance approved by the department shall be made
conditional for a defined period of time or shall expire 5 years from the date
of issuance. The department or its agent shall maintain a copy of the variance
in the license holder's inspection history file.
4. Documentation justifying a proposed
variance from the requirements of this chapter shall include all the following
information:
a. A statement of the proposed
variance from this chapter requirement citing relevant chapter location
numbers.
b. The rationale for how
the potential public health hazards and nuisances addressed by the relevant
chapter section will be alternatively addressed by the proposed
variance.
(b)
Conformance with an approved variance. If the department
grants a variance as specified in sub. (2), the license holder shall do all of
the following:
1. Comply with the
department's conditions for the variance approval.
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2. Maintain a copy of the approved variance
at the pool.
(c)
Transferability. An approved variance is not transferable to
any other pool, entity, or licensee.
(d)
Reissuance. A license
holder who wishes to continue a variance after its expiration shall do all of
the following:
1. File a request with the
department for reissuance of the variance at least 30 days prior to its
expiration, unless permission for a later date has been granted by the
department.
2. When a license
holder has made timely and sufficient application for the reissuance of a
variance in reference to any activity of a continuing nature, the existing
waiver does not expire until the application has been finally acted upon by the
department.
Note: To obtain a form for requesting a
variance, email datcpdfrsrec@wisconsin.gov or contact the bureau of food and
recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin
53708-8911.
This section is created eff. 9-24-23 by CR
22-021.
