Section ATCP 76.34 - Pool design(1) HAZARDOUS CONDITIONS. Any object or material not specifically approved pursuant to this chapter or ch. SPS 390 that may cause a hazardous condition or interfere with the safe and efficient operation of a pool, pool slide, waterslide, or deck is not permitted in the pool area. P(2) GATES AND DOORS MAINTAINED. (a)Maintained. All gates and doors into the pool area shall be maintained and checked for proper operation. P(b)Self-closing latching and lockable mechanism; location. A self-closing latching and lockable mechanism shall be installed at least 54 inches from the bottom of the gate or door. P(c)Locked. Gates and doors shall be locked when the pool is not open to the public or is not in use. P(3) POOL FENCE OR BARRIER HEIGHT. A pool fence or barrier shall meet all of the following: (a) Be at least 5 feet high and enclose the pool area.(b) A pool with a fence or barrier less than 5 feet in height that was previously approved by the department is acceptable, including at a change of operator, if maintained in good repair. If more than 20 feet of a fence needs replacement, plan review is required by the Wisconsin department of safety and professional services.(4) ENCLOSURES AND ENTRANCES. Enclosures and entrances shall meet all of the following: (a)Gates and doors.1m. Except as provided under subd. 2m. and par. (b), all pool areas shall be enclosed P and have gates and doors that are all of the following:d. Not require a key, punch code, or electronic method to exit a pool enclosure. P2m. This paragraph does not apply to emergency doors that cannot be opened from the outside of the pool enclosure. Note: A primary entrance to a pool enclosure in which multiple doors must be passed through is considered to have a self-closing, latching, and lockable gate or door, if any of doors in the sequence are self-closing, latching, or lockable.
(b)Gates and doors - lifeguarded area. Gates and doors in a lifeguarded pool area shall meet all of the following:1. If gates and doors are not self-closing and latching, the gates and doors to the pool shall be staffed with an attendant and at least one lifeguard shall be present. P2. Documentation for staffing shall be included in the lifeguard staffing plan. Pf(5) SIGNAGE. During closed hours, a sign shall be conspicuously posted stating that the pool, pool slide, waterslide, and deck are closed. Note: See s. SPS 390.18 (4) for additional rules relating to the outdoor pool enclosure.
(6) LANDSCAPING. (a)Restrictions. Landscaping planters, pots, or other plant containers may not be placed on the required deck area.(b)Separation. Landscaping features such as bark, gravel, shrubs, or flowers may be located within the pool enclosure but shall be separated from the pool by an additional 5 feet of impervious area or maintained lawn.(c)Maintenance. Landscaped areas within a pool enclosure shall be continually maintained to prevent debris from entering the water.(d)Trees. Trees used as landscaping features may not overhang the required deck area.(e)Sand. Sand may not be located within a pool enclosure unless the sand area is made inaccessible from the pool area by a barrier that is at least 42 inches high. Alternatively there may be controlled entrances to the pool area if the entrances are controlled and provided with showers.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 76.34
Renumbered from DHS 172.34 Register June 2016 No. 726 ; correction in (6) made under s. 35.17, Stats., Register June 2016 No. 726, eff. 7/1/2016Adopted by, CR 22-021: cr. Register June 2023 No. 810, eff. 9-24-23; renum. of (4) (a) (intro.), 1. to 4., 5. to (4) (a) 1m. (intro.), 1m. a. to d. and 2m. made under s. 13.92 (4) (b) 1, Stats., (4) (b) title created under s. 13.92 (4) (b) 2, Stats., and corrections in (4) (a) 1m. made under ss. 13.92 (4) (b) 4 and 35.17, Stats., Register June 2023 No. 810, eff. 9/24/2023This section is created eff. 9-24-23 by CR 22-021.