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

Universal Citation: WI Admin Code ยง ATCP 76.06

Current through August 26, 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.

(b) Point values for determining factors for assigning a pool license category. -

Determining Factors for Pool License Category (per Basin)

Point Value

A. Basin

1.0

B. The pool type is a whirlpool or therapy pool

1.0

C. Choose the applicable recirculation system

1. Recirculation system is designated to a single pool basin

1.0

2. Recirculation system is shared with another pool basin

0.5

D. The basin is greater than 1999 square feet in area

1.0

E. The pool is defined as a water attraction

1.0

(c) Fee schedule tables.

ATCP 76.06 Table B Fee Schedule - SFY 2023

For licenses issued April 1, 2023 through March 31, 2025 -

Type of Facility

License Fee

Preinspection Fee

First Reinspection or Administrative Follow-Up Fee

Second and Subsequent Reinspection or Administrative Follow-Up Fee

Late Fee

Simple pool

$200

$200

$100

$150

$40

Simple pool with features

$332

$332

$100

$150

$66

Moderate pool

$300

$300

$100

$150

$60

Moderate pool with features

$432

$432

$100

$150

$86

Complex pool

$375

$375

$100

$150

$75

Complex pool with features

$507

$507

$100

$150

$101

ATCP 76.06 Table C Fee Schedule - SFY 2025

For licenses issued on or after April 1, 2025 -

Type of Facility

License Fee

Preinspection Fee

First Reinspection or Administrative Follow-Up Fee

Second and Subsequent Reinspection or Administrative Follow-Up Fee

Late Fee

Simple pool

$208

$208

$100

$150

$42

Simple pool with features

$345

$345

$100

$150

$69

Moderate pool

$312

$312

$100

$150

$62

Moderate pool with features

$450

$450

$100

$150

$90

Complex pool

$390

$390

$100

$150

$78

Complex pool with features

$527

$527

$100

$150

$105

(3) TYPES OF FEES.

(a) Preinspection fee. The operator shall pay the applicable preinspection fee pursuant to s. ATCP 76.06 Table B or C, to the department or its agent before a new license is issued pursuant to s. ATCP 76.05 (3).

(b) License fee. The operator shall pay the applicable license fee pursuant to s. ATCP 76.06 Table B or C, to the department or its agent for each pool for which the operator applies for a new or renewal license.

(c) Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the operator of the pool shall pay to the department or its agent the late fee pursuant to s. ATCP 76.06 Table B or C, and pursuant to s. 93.21(5) (b), Stats., in addition to the renewal license fee.

(d) Reinspection or administrative follow-up fee. If the department or its agent conducts a reinspection or administrative follow-up of a pool pursuant to s. ATCP 76.07 (1) (b) 1. or 4., the operator shall pay to the department or its agent the applicable reinspection or administrative follow-up fee pursuant to s. ATCP 76.06 Table B or C. The department or its agent shall assess an additional fee pursuant to s. ATCP 76.06 Table B or C, for any second or subsequent reinspection or administrative follow-up conducted pursuant to s. ATCP 76.07 (1) (b) 4.

(e) Fees for operating without a license. If a pool is found to be operating without a license, the operator shall pay to the department or its agent a fee of $749.00, in addition to all applicable fees and any processing charges under sub. (4).

Note: Anyone operating a pool without a license is also subject to a penalty pursuant to s. 97.72, Stats., and an injunction pursuant to s. 97.73, Stats.

(f) Duplicate license. The department or its agent may charge the operator of a pool $15.00 for the request of a duplicate license.

(g) Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department or its agent responsibilities for issuing licenses, the department or its agent shall charge the operator or the entity requesting the inspection or consultation $175.00.

Note: Pursuant to s. 97.615(2) (d), Stats., a local health department can establish and collect fees. For a fee issued by a local health department, contact the local health department for its fee schedule.

(4) PENALTIES FOR INSUFFICIENCY OF PAYMENT. If the payment for a new or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 days after receipt of notice from the department or its agent of the insufficiency, pay all applicable fees under sub. (1), and the financial institution's processing charges by cashier's check, other certified draft, or money order.

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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