Current through August 26, 2024
(1) REFUSED
INSPECTION; PROCESS. If a person denies access to the department or its agent
to the licensed pool, the department or its agent shall inform the person of
all the following:
(a)
Department
access. The license holder is required to allow access to the
department or its agent pursuant to s.
97.65(1),
Stats.
(b)
License
condition. Access is a condition of the acceptance and retention of a
pool license pursuant to s. ATCP 76.046 (1).
(c)
Denied access. If the
pool license holder denies access to an authorized representative of the
department or its agent, the department or its agent may apply for an
inspection warrant to allow access pursuant to s.
66.0119,
Stats.
(2) REPORTING OF
REFUSED ACCESS. If the person in charge continues to refuse access after the
department or its agent presents credentials, provides the explanation in sub.
(1), and makes a final request for access, the department or its agent shall
document details of the denial of access on an inspection report form.
(3) FREQUENCY OF INSPECTION. The
department or its agent shall inspect a pool at least once during the licensing
period or as approved by the department.
(4) INSPECTION DOCUMENTATION. The department
or its agent shall document all of the following on an inspection report form:
(a)
Establishment
information. Administrative information about the pool's legal
identity, street and mailing addresses, type of establishment and operation,
inspection date, and other information such as type of water supply and sewage
disposal, status of the license, and personnel certificates that may be
required at the pool.
(b)
Inspection findings. The conditions or other violations from
this chapter that require corrective action by the license holder. An
accompanying narrative shall contain all of the following:
1. A factual description of the violation
observed, including location of the observed violation.
2. Citation and a brief description of the
statute, administrative rule, or local ordinance for the observed
violation.
3. A statement
indicating what corrective action the license holder has taken, or shall take,
to regain compliance with the administrative rule, statute, or local
ordinance.
4. Unless otherwise
indicated on the inspection report, each violation shall have a corrective
action deadline. The corrective action deadline shall be based on the following
criteria:
a. The nature of the potential
hazard involved and the complexity of the corrective action needed. The
department or its agent may agree to or specify additional time, not to exceed
72 hours after the inspection, for the license holder to correct violations of
a priority item.
b. The license
holder has a maximum time of 10 calendar days after the inspection for the
license holder to correct violations of a priority foundation item.
c. The license holder shall correct core
items by a deadline agreed to or specified by the department or its agent, but
no later than 90 calendar days after the inspection. The department or its
agent may approve a written compliance schedule that extends beyond 90 calendar
days, if the license holder submits a written schedule of compliance and no
health hazard exists, or will result, from allowing an extended schedule for
compliance.
(5) ISSUING A REPORT AND OBTAINING
ACKNOWLEDGMENT OF RECEIPT. At the conclusion of the inspection, an authorized
representative of the department or its agent shall sign the completed
inspection report. The department or its agent shall then perform an exit
interview and obtain a signature on the inspection report from the license
holder's designated person in charge. A copy of the inspection report shall be
left with the person in charge at the completion of the inspection, emailed, or
otherwise presented within 2 business days after completion of the
inspection.
(6) REFUSAL TO SIGN
INSPECTION REPORT. If the license holder's designated person in charge refuses
to sign the inspection report, the department or its agent shall do all of the
following:
(a)
Receipt of inspection
report. Inform the person who declines to sign the inspection report
that a written acknowledgment of receipt is not an agreement with
findings.
(b)
License
holder's obligation. Inform the person that refusal to sign the
inspection report will not affect the license holder's obligation to correct
the violations noted in the inspection report by the deadlines
specified.
(c)
Refusal
documentation. Document the refusal to sign in the inspection
report.
(7) POSTING OF
INSPECTION REPORTS. The department or its agent shall make inspection reports
available to the public on the internet.
This section is created eff. 9-24-23 by CR
22-021.
