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 76.07 - Enforcement

1. To inspect the pool.

2. To determine if there has been a violation of this chapter or s. 97.67, Stats.

3. To determine compliance with previously written violation orders.

4. To secure samples or specimens.

5. To examine and copy relevant documents and records related to the operation of the pool.

6. To obtain photographic or other evidence needed to enforce this chapter.

1. The department or its agent may perform a reinspection or administrative follow-up of a pool whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the pool.

2. A reinspection or administrative follow-up shall be scheduled to allow the operator a reasonably sufficient amount of time to correct the deficiencies.

3. The department or its agent shall assess a reinspection or administrative follow-up fee for the reinspection or administrative follow-up pursuant to s. ATCP 76.06 Table B or C.

4. If an additional reinspection or administrative follow-up is required because a violation has not been corrected in the scheduled period of time, the department or its agent shall assess a second or subsequent reinspection or administrative follow-up fee pursuant to s. ATCP 76. 06 Table B or C, as authorized pursuant to s. ATCP 76.06 (3) (d), and the department or its agent may order the operator to show just cause why the license should not be suspended or revoked pursuant to s. ATCP 76.08.

1. If a violation is not corrected by the expiration of the time period stated in the order given under par. (a), or any extension of time granted under par. (c), the department or its agent may issue an order pursuant to s. ATCP 76.08, to suspend or revoke the license to operate the pool. An order for suspension or revocation shall take effect pursuant to s. ATCP 76.08.

2. Pursuant to s. 97.12(5), Stats., any person who fails to comply with an order of the department or its agent shall forfeit $50 for each day of noncompliance after the order is served upon or directed to that person. A person may appeal a forfeiture pursuant to s. ATCP 76.09.

1. The department or its agent may extend the time period to correct a violation based on a determination of the seriousness of the violation, the operator's progress towards correcting the violation, and the operator's previous history of compliance.

2. To request an extension to correct a violation, the operator shall submit a written request to the department or its agent before the date specified in the written order to correct the violation. The operator shall provide information that demonstrates to the department or its agent that corrective action has been initiated, but additional time is needed to fully correct the violation.

1. Prohibit the continued operation or method of operation of specific equipment.

2. Require the premises or affected areas within the premises to cease operations and close until remedies are applied that eliminate the immediate danger to health or safety.

1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of its delivery, but a temporary order may be reissued for one additional 14 day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.

2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or its agent until the order has terminated or the time period specified in subd. 1., has expired, whichever occurs first, unless as provided under par. (c), the department or its agent provides a notice that an immediate danger to health or safety is present. If, upon completed analysis or examination, the department or its agent determines that construction, sanitary condition, operation, or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or its agent shall immediately notify the owner, operator, or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.

1. A description of the violation and code citation.

2. The steps the operator will take to correct the violation.

3. The date compliance will be achieved.