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

Universal Citation: WI Admin Code ยง ATCP 76.05

Current through August 26, 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.

(2) LICENSE DURATION AND RENEWAL.

(a) Expiration. Each license issued under this chapter expires on June 30, except that a new pool license issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.

(b) Annual renewal. Each existing pool license shall be renewed annually as provided in sub. (4).

(3) NEW LICENSE.

(a) Application. To apply for a new pool license, the applicant shall apply on an application form provided by the department or its agent. The completed application shall be accompanied by all of the following:
1. The applicable fees pursuant to s. ATCP 76.06 Table B or C, and any fees previously due to the department or its agent.

2. Proof that the Wisconsin department of safety and professional services, pursuant to s. SPS 390.04 (1), has approved plans and specifications for the pool, including modifications.

3. The completed final inspection report and approval from the Wisconsin department of safety and professional services authorized inspector.

4. A statement from a supervising construction contractor, architect, or engineer who worked on the pool indicating that it was completed in accordance with the pool's construction plan pursuant to s. SPS 390.05 (1) (c).

5. Information, as determined by the department or its agent, indicating that the pool will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the pool that will protect the health, safety, and welfare of the public.

Note: To obtain a copy of the pool operator license application form, or to determine which agent to contact for an application form, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov.

(b) Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection pursuant to sub. (1) (d), before operating a new pool open to the general public.

Note: To obtain a copy of the pool license application form, or to arrange for a preinspection, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov.

(4) LICENSE RENEWAL.

(a) Renewal fee. To renew an existing pool license, the operator shall pay the department or its agent the applicable license fee pursuant to s. ATCP 76.06 Table B or C, before the license expires. If payment to renew a license fee is not received by the department or its agent before the expiration date of the license, the late fee pursuant to s. ATCP 76.06 Table B or C, shall be paid in addition to the license fee. An application for a renewal license is not required.

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.

(b) Department action on a license renewal.
1. The department or its agent may refuse to renew a new pool license as provided under sub. (5) (a).

2. The department or its agent shall not renew an existing pool license as provided under sub. (5) (b).

(5) DEPARTMENT OR AGENT ACTION ON LICENSE APPLICATION.

(a) Department decision on a license. The department or its agent may not issue a new pool license or renew an existing pool license unless all of the following conditions are met:
1. The operator has corrected a condition for which the department or its agent has issued a written health or safety related order.

2. The operator, applicant, or license holder has provided the department or its agent with the information required under sub. (3) (a) 2. to 5.

3. The department or its agent has determined that the operator, applicant, or license holder is not in violation of ch. 97, Stats., or has only a minor violation as defined in s. 227.04(1) (a), Stats.

(b) License prohibited. The department or its agent shall refuse to issue a new pool license or renew an existing pool license under any of the following circumstances:
1. A fully and accurately completed, signed, and dated application has not been received by the department or its agent.

2. The department or its agent has not conducted the preinspection pursuant to sub. (1) (d).

3. The department or its agent has not received pool documentation pursuant to s. ATCP 76.04.

4. The operator has not paid all of the applicable fees pursuant to s. ATCP 76.06 Table B or C.

5. The operator has modified, repaired, or maintained the pool in a manner that is not in accordance with what the department or its agent recognizes as safe practice as outlined in this chapter.

(c) Conditional license. Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned upon the requirement that the license holder correct a violation of this chapter, s. 97.67, Stats., or ordinances adopted pursuant to s. 97.615(2) (g), Stats., within a specified period of time. If the condition is not satisfied within the specified time or after an extension of time approved by the department or its agent, the license is void. No person may operate a pool after a license has been voided. Any person who does so shall be subject to a penalty pursuant to s. 97.72, Stats., an injunction pursuant to s. 97.73, Stats., and fees pursuant to s. ATCP 76.06 (3) (e). An operator whose license is voided under this paragraph may appeal the decision pursuant to s. ATCP 76.09.

(d) Granting or denial of a license.
1. The department or its agent shall issue or deny a new pool license or shall renew an existing pool license within 30 days after the applicant meets all of the requirements pursuant to sub. (3) or (4), as applicable.

2. If the department or its agent denies an application for a license, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights pursuant to s. ATCP 76.09.

(6) VOIDED LICENSE FOR FAILURE TO PAY FEES.

(a) Payment time frame. If an applicant or operator fails to pay all applicable fees, late fees, and processing charges pursuant to s. ATCP 76.06, within 45 days after the expiration of the license, the license is void.

(b) Notice of insufficiency. If the department or its agent receives a notice of an insufficiency pursuant to s. ATCP 76.06 (4), the applicant or operator shall have 15 days after receipt of notice from the department or its agent of the insufficiency to pay all applicable fees and processing charges or the license is void.

(c) Appeal rights. An operator whose license is voided under this subsection may appeal the decision as pursuant to s. ATCP 76.09. The burden is on the license applicant or operator to show that all applicable fees, late fees, and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the pool is deemed to be operation without a license and is subject to the fees pursuant to s. ATCP 76.06 (3) (e), in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection.

(7) LICENSE POSTING. A license shall be posted in a place visible to the public. A license may not be altered or defaced.

This section is created eff. 9-24-23 by CR 22-021.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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