§ 7.44 — MINIMUM STANDARDS FOR PUBLIC SWIMMING POOLS

7.44 - MINIMUM STANDARDS FOR PUBLIC SWIMMING POOLS.

Wis. Admin. chs. SPS 390 and ATCP 76 and all subsequent amendments, additions and recodifications thereto are hereby adopted by reference. The minimum standards as provided herein shall apply to all public swimming pools except where a more stringent standard is provided in chs. SPS 390 and ATCP 76 in which case the provision of the Wisconsin Administrative Code shall apply. (1) Definitions. "Operator" means the owner of a pool or the person responsible to the owner for the operation of a pool, including the mechanical systems operations of the pool. "Owner" means the state, a political subdivision of the state, corporation, company, association, firm, partnership, or individual owning or controlling any pool. "Public pool" means a structure, basin, chamber, or tank, and appurtenant buildings and equipment, used for wading, swimming, diving, water recreation, or therapy, including an exercise pool, mobile pool, whirlpool, cold soak pool, or water attraction. "Public pool" does not include an inflated mobile structure, basin, chamber, or tank; a swim pond; an individual therapeutic pod, tub, or bath; a fixed or mobile structure, basin, chamber, or tank that serves fewer than three (3) individual residences; or a fixed or mobile structure, basin, chamber, or tank that is used solely for animal training, therapy, or exercise and the only individuals in the pool are the animal trainer or handler, animal health or wellness professional or the animal's individual owner. (2) Public Swimming Pool Licenses. (a) No person, firm or corporation may operate a public swimming pool unless Public Health Madison and Dane County has first issued a Public Swimming Pool license. (b) No license shall be issued unless the swimming pool is in full compliance with Sec. 7.44, MGO, Wis. Admin. Code chs. SPS 390 and ATCP 76. (c) At least seven (7) days prior to opening for business the owner of a public swimming pool shall make application to the Clerk of the City of Madison for a license. The City Clerk shall transmit such application to Public Health Madison and Dane County. Public Health Madison and Dane County shall make such inspections as are necessary to determine whether all requirements of this section has been satisfied. Licenses shall be issued by Public Health Madison and Dane County the City Clerk only after the application therefore has been approved in writing by Public Health Madison and Dane County. (c) Public Swimming Pool licensing year shall be from July 1 through the following June 30. However, licenses issued on or after April 1 of one year shall be effective through June 30 of the following year. (d) Public Swimming Pool Licenses shall be established by the Board of Health in an amount sufficient to recover the costs incurred by the City and may be reestablished by the Board of Health as needed. City fees for licenses required by Madison General Ordinances Chapter 7 shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. No license shall be issued unless the operator shall have first submitted an application for a license and a license fee. Renewal licenses shall be obtained on or before June 30 of each year or be subject to a late filing fee of twenty-five percent (25%) of the license fee. Payment of the late filing fee shall not relieve any person from any other penalties prescribed in this chapter for failure to possess or obtain a license. (e) In addition to any other remedies provided by Sec. 7.44, MGO, Wis. Admin. Code chs. SPS 390 and ATCP 76, any license issued pursuant to this subsection may be suspended for up to thirty (30) days or revoked by the Director of Public Health Madison and Dane County for noncompliance with the provisions of Sec. 7.44, MGO, Wis. Admin. Code chs. SPS 390 and ATCP 76. Upon denial of a license or revocation or suspension of the license of any operator of a public swimming pool the operator may appeal the determination of the Director of Public Health Madison and Dane County to the Board of Health for Madison and Dane County within ten (10) days of the determination by filing a notice of appeal with the City Clerk who shall then promptly notify the members of the Administrative Hearings Committee of the appeal who shall promptly convene for consideration of the appeal. By majority vote, the Committee may reverse or modify the determination of the Director of Public Health Madison and Dane County. Any further appeal shall be to the Circuit Courts of Dane County. (f) Every license holder of a public swimming pool license shall promptly notify Public Health Madison and Dane County in writing of their intention to cease operations and shall also supply the Public Health Madison and Dane County with the names and post office addresses of any prospective new operators. (g) A license shall not be granted to an applicant without a pre-inspection. (h) The license shall be conspicuously displayed in the licensed facility. (i) License Contingent on Payment of Fees. The City Clerk or Public Health Madison and Dane County may not issue or renew a swimming pool license unless the license applicant or holder pays all fees which are due and payable under this section. (3) Pre-inspection Fee. (a) Every license applicant within this section who requests an inspection shall pay the pre-inspection fee herein set forth before said inspection. (b) A applicant for a public swimming pool license shall schedule a pre-inspection with Public Health Madison and Dane County after submitting their application and prior to Public Health Madison and Dane County or City Clerk issuing their license. (c) The pre-inspection fee for a public swimming pool license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (d) The pre-inspection fee for a public swimming pool license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (4) Reinspection Fee. (a) If Public Health Madison and Dane County re-inspects an establishment regulated under Madison General Ordinance Chapter 7 because Public Health Madison and Dane County finds a violation of Madison General Ordinances, Public Health Madison and Dane County shall charge the license holder a re-inspection fee. (b) The reinspection fee for a public swimming pool license shall be established by the Board of Health and may be reestablished by the Board of Health as needed. (c) The reinspection fee for a public swimming pool license established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (d) The reinspection fee is payable when the reinspection is completed and is due upon written demand from Public Health Madison and Dane County. (5) Fees for Special Conditions Inspections. Public Health Madison and Dane County may charge for an inspection or on-site consultation services that are not directly related to Public Health Madison and Dane County's licensing responsibilities. Public Health Madison and Dane County may charge the license holder requesting the inspection or on-site consultation a fee as set forth in the Public Health Madison and Dane County Fee Schedule. The fee for a special conditions inspection shall be established by the Board of Health and shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on the Public Health Madison and Dane County's website. (Cr. by ORD-24-00079, 12-4-24) (6) Fees for a Risk Control Plan. Public Health Madison and Dane County may charge a fee as set forth in the Public Health Madison and Dane County Fee Schedule for a Risk Control Plan. The fee shall be established by the Board of Health and may be reestablished by the Board of Health as needed. The fee shall be established by the Board of Health shall be published in the Public Health Madison and Dane County Fee Schedule, which shall be publicly available at the City Clerk's Office and posted on Public Health Madison and Dane County's website. A separate Risk Control Plan fee shall be paid for each Risk Control plan. (Cr. by ORD-24-00079, 12-4-24) (7) Plan Review Requirement and Fee. Public Health Madison and Dane County shall require an operator of a public swimming pool to submit plans for new pool construction or modifications. The plan review fee for a public swimming pool license shall be as set forth in the Public Health Madison and Dane County Fee Schedule as required in this section. (Cr. by ORD-24-00079, 12-4-24) (8) Fees for Operating Without Public Swimming Pool License. Any operator of a public swimming pool license establishment found to be operating without a license, shall pay to the Public Health Madison and Dane County a fee as set forth in the Public Health Madison and Dane County Fee Schedule, in addition to applicable fees. (Cr. by ORD-24-00079, 12-4-24) (9) Penalty. (a) Any person violating any of the provisions of this chapter for which a penalty is not already provided herein shall be punished by a forfeiture of not less than ten dollars ($10) nor more than one hundred dollars ($100) for each offense. Each day or portion thereof shall constitute a separate offense. (b) In addition to the above penalties, the department may order the suspension or revocation of the license issued to an establishment under this section. (c) Wis. Stat. § 66.0417(5)(b), regarding the impeding of city inspectors in the performance of their duties and the giving of false information to such inspectors, and all subsequent amendments, additions, and recodifications thereto are hereby adopted by reference.

(Cr. by ORD-24-00079, 12-4-24) (Am. by Ord. 12,055, 3-13-98; Ord. 13,306, 4-30-03; Ord. 13,446, 11-7-03; Ord. 13,505, 2-10-04; Am. by ORD-05-00033, 2-24-05; ORD-06-00156, 11-23-06; ORD-08-00120, 10-24-08; ORD-12-00075, 6-20-12; Am. by ORD-14-00012, 1-14-14; Am. by ORD-22-00125, 12-15-22; Am. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Cr. by ORD-24-00079, 12-4-24) (Sec. 7.44 R/Re-Cr by Ord. 11,211, 3-31-95; Am. by Ord. 13,446, 11-7-03; ORD-12-00035, 3-28-12; ORD-15-00009, 1-28-15; Am. & Renum. by ORD-24-00079, 12-4-24) (Sec. 7.44 R/Re-Cr by Ord. 11,211, 3-31-95; Am. by Ord. 13,446, 11-7-03; ORD-12-00035, 3-28-12; ORD-15-00009, 1-28-15)