Section SPS 390.05 - Construction(1). CONSTRUCTION SUPERVISION. (a)Options.1. The installation, alteration or reconstruction of any public swimming pool or water attraction shall be under the supervision of a construction contractor pursuant to s. 443.14(6), Stats., or a Wisconsin registered architect or engineer. Note: Section 443.14(6), Stats., reads: Notwithstanding any other provision of this chapter, contractors, subcontractors or construction material or equipment suppliers are not required to register under this chapter to perform or undertake those activities which historically and customarily have been performed by them in their respective trades and specialties, including, but not limited to, the preparation and use of drawings, specifications or layouts within a construction firm or in construction operations, superintending of construction, installation and alteration of equipment, cost estimating, consultation with architects, professional engineers or owners concerning materials, equipment, methods and techniques, and investigations or consultation with respect to construction sites, provided all such activities are performed solely with respect to the performance of their work on buildings or with respect to supplies or materials furnished by them for buildings or structures or their appurtenances which are, or which are to be, erected, enlarged or materially altered in accordance with plans and specifications prepared by architects or professional engineers, or by persons exempt under subs. (1) to (5) while practicing within the scope of their exemption.
2. The supervising construction contractor, architect or engineer shall be responsible for the public swimming pool or water attraction being in conformance with this chapter and the plans and specifications approved by the department.3. At the time of the arranging the first inspection, the owner or the owner's authorized agent shall designate to the department the name and address of the supervising construction contractor or the name and certification number of the supervising architect or engineer.(b)Operation and maintenance instructions. Upon completion of any public swimming pool or water attraction, the owner or owner's agent shall be given complete written instructions concerning operation of the pool or water attraction, all equipment, the circulation system, and the maintenance of the water quality.(c)Certification of compliance.1. Prior to the completion of the final inspection of any public swimming pool or water attraction, the supervising construction contractor, architect or engineer shall provide to the department a compliance statement.2. The compliance statement shall certify that the installation is in compliance with this chapter.3. The compliance statement shall be in a format acceptable to the department.(2). CONSTRUCTION INSPECTION. (a) Every new installation, alteration or reconstruction of a public swimming pool or water attraction shall be inspected as required in this section.(b) The construction, alteration or reconstruction of any public swimming pool or water attraction shall be inspected by an authorized representative of the department. Note: See ch. SPS 390 Appendix A-390.05 (3) for listing of additional authorized representatives of the department.
(c)1. A rough-in inspection shall be conducted when the piping system is installed and before the piping system is covered.2. The supervising construction contractor, architect or engineer shall notify the department's authorized representative by telephone when underground work is complete and ready for an inspection to be scheduled.3. Except as provided under subd. 3., work may not proceed until the inspection has been completed.4. If the inspection is not made by the end of the normal business day following the day of notification, not including Saturday, Sunday or legal holidays, the installation work may proceed.(d)1. A final inspection shall be made when the construction, alteration or reconstruction is complete. Note: A final inspection includes, but is not limited to, sanitary facilities, pools, fences and decks.
2. The supervising construction contractor, architect or engineer shall notify the department's authorized representative by telephone when all work is complete and ready for an inspection to be scheduled.3. A request for the final inspection shall be made at least 24 hours prior to the requested time for the inspection.4. The final inspection shall be completed within 5 business days of the requested inspection date. Note: Inspections are only available during standard business hours.
(e) The supervising construction contractor, architect or engineer shall provide the necessary equipment and personnel required for the inspection as requested by the authorized representative of the department.(f) If the authorized representative of the department finds that the installation does not comply with this chapter, necessary corrections shall be made to achieve compliance. The authorized representative of the department shall be notified by the supervising construction contractor, architect or engineer when the corrections are completed.(3). AUTHORIZED INSPECTION AGENT. (a) Upon request from a governmental unit, the department may delegate to the governmental unit the responsibility to conduct construction inspections of any public swimming pool or water attraction in accordance with this section.(b) The delegation of inspection authority by the department shall be contingent upon a request by the governmental unit demonstrating sufficient capabilities to complete the construction inspections.(c) The department shall provide the governmental unit with a written decision of authorization or denial relative to the request under this subsection concerning construction inspection.(d) The department shall monitor and periodically evaluate the construction inspection functions that are authorized to the governmental unit under this section.(e) If a governmental unit wishes to discontinue the authorized construction inspection function under this section, written notification shall be made to the department at least 30 days prior to the discontinuance.(f) The authorization to conduct construction inspections may be revoked by the department at the department's sole discretion.Wis. Admin. Code Department of Safety and Professional Services SPS 390.05
CR 08-056: cr. Register February 2009 No. 638, eff. 3-1-09.