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Register January 2012 No. 673
Chapter DHS 172
SAFETY, MAINTENANCE AND OPERATION OF
PUBLIC POOLS AND WATER ATTRACTIONS
Subchapter I — Administration
DHS 172.01   Authority and purpose.
DHS 172.02   Applicability.
DHS 172.03   Approved comparable compliance.
DHS 172.04   Definitions.
DHS 172.05   Permits.
DHS 172.06   Fees.
DHS 172.07   Enforcement.
DHS 172.08   Suspension or revocation of permit.
DHS 172.09   Appeals of actions by the department.
DHS 172.10   Appeals of actions by agent health departments.
Subchapter II — Water Treatment Systems and Water Quality
DHS 172.11   Recirculation system.
DHS 172.12   Labeling, storing, mixing, and handling chemicals.
DHS 172.13   Disinfectant feeders and filter aid equipment.
DHS 172.14   Disinfectant feeding and residuals.
DHS 172.15   Alternative disinfection systems.
DHS 172.16   Water quality.
DHS 172.17   Water test kits.
DHS 172.18   Water testing frequency.
DHS 172.19   Water supply and temperature.
Subchapter III — Staffing Pools
DHS 172.20   Operator.
DHS 172.21   Responsible supervisor.
DHS 172.22   Lifeguards and attendants.
DHS 172.23   Lifeguard and attendant placement and staffing requirements.
DHS 172.24   Instructional programs.
Subchapter IV — Operation and Management
DHS 172.25   Permissible patron load.
DHS 172.26   Rescue equipment.
DHS 172.27   First aid supplies.
DHS 172.28   Food and drink.
DHS 172.29   Posting pool and water attraction rules.
DHS 172.30   Pool closing criteria.
DHS 172.31   Fecal accident response.
DHS 172.32   Monthly reports and records.
DHS 172.33   Facility maintenance, repair and sanitation.
Subchapter V — Pool, Slide, and Water Attraction Construction and Design
DHS 172.34   Pool design.
DHS 172.35   Waterslide and pool slide design.
DHS 172.36   Water attraction, play features, and slide design.
DHS 172.37   Maintenance, repair, and modifications of water attractions.
Ch. DHS 172 Note Note: Chapter H 72 as it existed on August 31, 1978 was repealed and a new chapter H 72 was created effective September 1, 1978. Chapter H 72 was renumbered Chapter HSS 172, effective May 1, 1982. Chapter HSS 172 as it existed on November 30, 1989 was repealed and a new chapter HSS 172 was created effective December 1, 1989. HSS 172 was renumbered Chapter HFS 172 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 493; correction made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1998, No. 512; CR 06-086: r. and recr. ch. HFS 172, Register August 2007 No. 620, eff. 2-1-08. Chapter HFS 172 was renumbered chapter DHS 172 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
subch. I of ch. DHS 172 Subchapter I — Administration
DHS 172.01 DHS 172.01 Authority and purpose. This chapter is promulgated under the authority of ss. 250.04 (1) and (7) and 254.47, Stats., to regulate the maintenance and operation of public pools and water attractions in order to protect the health and safety of the public.
DHS 172.01 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08.
DHS 172.02 DHS 172.02Applicability.
DHS 172.02(1)(1) This chapter applies to the operation of public pools and water attractions.
DHS 172.02(1)(a) (a) A pool or water attraction is a public pool or water attraction if it is installed in a "place of employment," as defined in s. 101.01 (11), Stats., or in a "public building," as defined in s. 101.01 (12), Stats., or if it serves or is installed for use by the state, a political subdivision of the state, a motel, a hotel, a tourist rooming house, a bed and breakfast establishment, a resort, a camp, a campground, a club, an association, a housing development, such as an apartment complex, condominium complex or housing complex having a homeowners' association, a school, a religious, charitable or youth organization, or an educational or rehabilitative facility.
DHS 172.02(1)(b) (b) A pool or water attraction is not a public pool or water attraction if it serves fewer than 3 individual residences, unless it is used on a regular basis by persons other than the residents.
DHS 172.02(2) (2) Unless the context clearly indicates otherwise, references to "pool" in these rules means a public pool or water attraction.
DHS 172.02 History History: CR 06-086: cr. Register August 2007 No. 620, eff. 2-1-08.
DHS 172.03 DHS 172.03Approved comparable compliance.
DHS 172.03(1)(1) The department may approve an alternative to a method, practice, material, equipment or design required under this chapter that will not be contrary to public health, safety or welfare, if the department is provided with satisfactory proof that the alternative will achieve results which are closely equivalent to the results of literal application of the requirement.
DHS 172.03(2) (2) An alternative approved under sub. (1) may, at the department's discretion, be made conditional for any of the following:
DHS 172.03(2)(a) (a) A defined period of time.
DHS 172.03(2)(b) (b) Experimental or trial purposes.
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