Section SPS 390.02 - Application(1) APPLICABILITY. This chapter applies to the design and construction of all public swimming pools, water attractions and associated slides, and to the reconstruction or alteration of all public swimming pools, water attractions and associated slides. Note: Also refer to administrative rules administered by the department of Health Services, specifically ch. ATCP 76, for additional requirements regarding public swimming pools, water attractions and associated slides.
Note: For accessibility information, refer to the final accessibility guidelines for recreational facilities, Federal Register, Vol. 67, No. 170, as published Tuesday September 3, 2002. Requirements relating to swimming pools, wading pools and spas are found under ADAAG 15.8.
(2) RETROACTIVITY. A rule of this chapter does not apply retroactively to public swimming pools, water attractions and associated slides existing prior to the effective date of the rule unless specifically stated in the rule.(3) LOCAL ORDINANCES. A county, city, village or town or local board of health may enact ordinances for pools, water attractions and associated slides, provided the standards are not in conflict with this code.(4) PETITION FOR VARIANCE. The department shall consider and may grant a variance to a provision of this chapter in accordance with ch. SPS 303.Wis. Admin. Code Department of Safety and Professional Services SPS 390.02
CR 08-056: cr. Register February 2009 No. 638, eff. 3-1-09; correction in (4) made under s. 13.92(4) (b) 7, Stats., Register December 2011 No. 672.Amended by, correction in (1) (Note [1]) made under s. 13.92(4) (b) 7, Stats., Register February 2017 No. 734, eff. 3/1/2017Chapter SPS 303 requires the submittal of a petition for variance form (SBD-9890) and a fee, and that an equivalency is established in the petition for variance that meets the intent of the rule being petitioned. Form SBD-9890 is available at the Department's Web site at http://dsps.wi.gov through links to Division of Industry Services forms.