Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 76.22 - Lifeguards and attendants

(1) LIFEGUARD AND ATTENDANT STAFFING PLANS. A pool that is not required to have an attendant or lifeguard is not required to have a lifeguard or attendant staffing plan.

(a) Staffing plan requirements. The owner or operator of a pool, including a whirlpool over 4 feet deep and a pool with a visual obstruction, shall have a written lifeguard and attendant staffing plan. ^Pf

(b) Plan criteria. The written lifeguard and attendant staffing plan shall include all of the following:

1. The square footage of the pool. ^Pf

2. The maximum and average patron load. ^Pf

3. The hours of operation. ^Pf

4. The location of each lifeguard station, lifeguard roaming or walking patrol ensuring that glare conditions are assessed from each location to determine if the bottom and objects in the pool are clearly visible. ^Pf

5. The location of each first aid station. ^Pf

6. The number of lifeguards or attendants on duty pursuant to s. ATCP 76.23. ^Pf

7. Diagrams shall be provided with the following information for each use of the pool, for both average and maximum capacity:

a. The placement of attendants. ^Pf

b. The placement of lifeguards. ^Pf

c. The location of the lifeguard roaming area or walking patrol. ^Pf

d. Location of lifeguard chairs or stations. ^Pf

e. Location of each obstruction. ^Pf

8. A method of communication when 2 or more attendants or lifeguards are required. ^Pf

9. If applicable, the method that will be used for periodic supervision within a pool enclosure that contains a combination of lifeguarded and non-lifeguarded pools. ^Pf

(c) Availability. The owner or operator shall keep a copy of the written lifeguard and attendant staffing plan at the pool and make it available to the department or its agent upon request, for review and approval.

(2) QUALIFICATIONS. A lifeguard shall be required to have current certifications in all of the following:

(a) Certification requirements. A copy of each certification held by lifeguard staff shall be maintained at the pool and shall be made available for inspection by the department or its agent. ^P Certifications required include all of the following:

1. Lifeguarding certification as defined under s. ATCP 76.03 (44). ^P

2. First aid certification. ^P

3. CPR with AED certification. ^P

(b) Attendants. Attendants may staff water attractions, waterslides, or pool slides to assist patrons, pursuant to s. ATCP 76.23. Attendants may not be used in place of lifeguards.

(3) LIFEGUARD IDENTIFICATION AND ASSIGNMENT.

(a) Identification and equipment. At all times when on duty a lifeguard shall have all the following:

1. Clothing or equipment that is conspicuously marked "Lifeguard" or "Guard".

2. A rescue tube with a harness as instructed in national certification courses. ^P

3. A whistle. ^P

(b) Assigned duties. A lifeguard who is assigned to supervise a pool may not be assigned duties that may distract the lifeguard's attention from observing a patron in the pool or that may hinder the lifeguard's ability to provide immediate assistance to a patron. ^P

Notes

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 76.22

Renumbered from DHS 172.22 Register June 2016 No. 726; correction in (1) (a) 5., (c), (2) (b) made under s. 13.92(4) (b) 7, Stats., Register June 2016 No. 726, eff. 7/1/2016 Adopted by, CR 22-021: cr. Register June 2023 No. 810, eff. 9/24/2023 Amended by, correction in (2) (a) 1. made under s. 13.92 (4) (b) 7, Stats., Register November 2023 No. 815, eff. 12/1/2023

This section is created eff. 9-24-23 by CR 22-021.