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 IV - Staffing Pools
Section ATCP 76.23 - Lifeguard and attendant placement and staffing requirements

Current through August 26, 2024

(1) GENERAL.

(a) Staffing requirements.
1. Each pool having a surface area of 2,000 square feet or more shall be staffed pursuant to ss. ATCP 76.23 Table A, and ATCP 76.23 Table B, when the pool is in use or is open to the public. If the requirements in s. ATCP 76.23 Table A or B, conflict, the pool shall comply with the strictest requirements of s. ATCP 76.23 Table A or B. P

2. An operator may close a portion of a pool to patrons in order to meet the lifeguard staffing requirements for square footage pursuant to s. ATCP 76.23 Table A, except that at least one lifeguard shall be provided. P

3. An operator may limit the number of patrons in order to meet s. ATCP 76.23 Table A, for lifeguard staffing. P

4. When the patron load of a pool exceeds 336 patrons, one lifeguard shall be provided for each additional 100 patrons or fraction thereof. P

(b) Department evaluation required. For a pool type that is not addressed in s. ATCP 76.23 Table A or B, the operator shall request evaluation by the department and follow the requirements specified by the department following the evaluation. P

(c) Slide flumes. An additional lifeguard shall be provided for every 2 slide flumes installed at a pool other than a separate waterslide plunge pool. P

(d) Waterslide attendant. An attendant responsible for enforcing waterslide usage rules shall be stationed at the entrance to the waterslide flume. P

(2) SIGNAGE. Each pool that is not required to have a lifeguard shall post a sign with letters at least 4 inches high stating: "Warning: No Lifeguard on Duty." Pf

s. ATCP 76.23 Table A Required Number of Lifeguards Based on Square Footage -

Actual Patron Load*

Lifeguards for a Pool or Water Attraction with a Surface Area of 2,000 to 4,999 sq. ft.

Lifeguards for a Pool or Water Attraction with a Surface Area of 5,000 to 9,999 sq. ft.

Lifeguards for a Pool or Water Attraction with a Surface Area of 10,000 or more sq. ft.

1 - 60

1

2

3

61 - 136

2

3

4

137 - 236

3

4

5

237 - 336*

4

5

6

* When the patron load exceeds 336 patrons, one lifeguard shall be provided for each additional 100 patrons or fraction thereof.

s. ATCP 76.23 Table B Required Number of Lifeguards and Attendants Based on Pool Type -

Pool Type

Pool or Slide Details

Lifeguard and Attendant Staffing Requirements

Activity Pool.

Pool contains one of the following:

1. A pad walk.

2. A tethered floatable more than 18 inches long in 2 directions. An appendage such as alligator feet should not be included in determining the length.

3. A nontethered floatable. A nontethered floatable does not include a tire inner tube used in a leisure river or waterslide.

At least one lifeguard is required

Leisure River or any feature that convey a rider seated or standing.

At least one lifeguard, more based on square footage pursuant to s. ATCP 76.23 Table A.

Vortex Pool.

At least one lifeguard is required.

Current Pool; Pool with Treadmill.

Whenever the pool is occupied by a patron and the current or treadmill is operating.

At least one lifeguard is required.

Vanishing Edge Pool.

At least one lifeguard regardless of square footage, unless the vanishing edge pool is limited for adult usage only.

Wave Pool or any pool that involves patron interacting with moving water or is designed to allow patron to fall into water.

At least one lifeguard is required regardless of the square footage of the pool. Additional lifeguard staffing shall be based on the patron load requirements pursuant to s. ATCP 76.23 Table A.

Pool with a Visual Obstruction, except for Wading Pool.

The pool has a visual obstruction larger than 10 feet in length by 6 feet in height by 5 feet in width or if the visual obstruction covers more than 20 percent of the pool's basin.

At least one attendant is required.

Wading Pool with a Visual Obstruction.

If a variance is not obtained from the department for an alternate method of coverage.

At least one attendant is required.

Medical, Rehabilitation or Training Facility, and Therapy Pools, including those with current or treadmill.

If medical, rehabilitation or training staff are trained in CPR, AED, first aid, and have received training for safely extricating a patient from the water if a rescue is needed.

No lifeguard or attendant is required.

Pool with Diving Board or Platform.

For every 2 diving boards or platforms in the same pool.

At least one lifeguard is required.

Pool with a climbing wall

At least one lifeguard is required.

Wading Pool.

No lifeguard or attendant is required.

Whirlpool.

If a whirlpool is located within a water attraction complex.

At least one attendant shall provide periodic supervision

All other whirlpools

A sign shall be posted that states in letters that are at least 4 inches high: "No Lifeguard on Duty".

Pools with Slide.

Children's Slide.

Pool slide: Less than 6 feet in height that drops into water 4 feet or less in depth

Pool slide: Less than 6 feet in height with an obstructed view of slide terminus and the obstruction is more than 43 inches high.

Pool slide that drops into water greater than 4 feet deep

Run-out slide: 6 feet or greater in height with a clear view of the slide terminus.

Run-out slide: 6 feet or greater in height with an obstructed view of the slide terminus.

Run-out slide: Less than 6 feet with a clear view of slide terminus.

Run-out slide: Less than 6 feet with an obstructed view of slide terminus.

Waterslide or Drop slide: 6 feet or greater in height.

Waterslide or Drop slide: Less than 6 feet with a clear view of slide terminus and no obstructions around slide.

No attendant is required. No lifeguard or attendant is required.

At least one lifeguard.

At least one lifeguard.

At least one attendant on top platform.

At least one attendant on top platform and one attendant at bottom of run-out slide.

No lifeguard or attendant is required.

At least one attendant.

At least one attendant on top of the platform or slide and one lifeguard at bottom of slide. A means of 2-way communication between attendant and lifeguard.

At least one lifeguard.

Pool Type

Pool or Slide Details

Lifeguard and Attendant

Interactive Play Attraction (Splash Pads).

An interactive play attraction not restricted by an enclosure.

At least one attendant on the premises. The attendant shall provide periodic supervision of the water attraction as specified in the staffing plan.

Swim-up bar.

When open.

Shall have a written plan that addresses all of the following:

1.Supervision of the swim up bar.

2.Patrons who are ill.

3.Patrons who are adversely affecting sanitation.

4.Patrons who are engaging in dangerous behavior.

5.Patrons who are injured.

Any pool or water attraction with instructional program.

A pool that is used for an activity occurring in the water that is led by a person teaching a participant how to do an exercise, movement, skill, or similar activity.

At least one lifeguard when the instructional program is in session.

If the coach or instructor that provides instruction during the program is a lifeguard, the requirement of this subsection is met provided the coach or instructor can supervise the entire group. A pool that normally requires a lifeguard and that is open to the public during an instructional program session shall be supervised by an additional lifeguard or attendant pursuant to s. ATCP 76.23.

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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