Dane County, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)
Key Facts
- Permit issued by
- County Health Officer
- Application decision deadline
- 30 days
- Daily forfeiture
- $50-$200 (Ch. 46 general)
- Pool definition sourced to
- Wis. Admin. Code SPS 390.03(23)
- Governing law
- Dane County Code ch. 46, § 46.33
Summary
Dane County requires every public swimming pool to hold a valid permit from the county health officer before opening, decided within 30 days of a complete application under Chapter 46. Pools posing an imminent danger to public health can be shut down immediately, and 'public swimming pool' is defined by reference to the state's technical pool-safety code.
(4) Permits required. From and after the date on which this section takes effect, no operator of any regulated facility shall operate, maintain or establish any such facility unless he or she first has in his or her possession a valid permit issued by the health officer. Within 30 days after receiving a completed application, the department shall either approve the application and issue a permit or deny the application. If the application for a permit is denied, the department shall give the applicant reasons, in writing, for the denial. [...] (8) Suspensions for imminent danger. In cases where the continued operation of any regulated facility poses a threat of imminent danger to the health or safety of the public, the health officer may immediately suspend the operator's permit and such a suspension shall require that the regulated facility be immediately closed to the public.
Full Breakdown
33 folds public swimming pools into the same permitting regime as beaches, campgrounds, hotels, and retail food establishments regulated by Public Health Madison and Dane County. 33(4) bars any operator from operating, maintaining, or establishing a regulated facility, pools included, without 'a valid permit issued by the health officer,' who must approve or deny a completed application within 30 days and give written reasons for any denial. 03(15) defines 'public swimming pool' by adopting the meaning in Wis. Admin. 03(23), which is where the technical safety specs (barriers, drain covers, alarms) actually live; the county's role is permitting, inspection, and enforcement of those state standards, not writing them. 33(6)-(9).
Violations & Fines
Section 46.27 sets a chapter-wide forfeiture of $50 to $200 per day for any Chapter 46 violation, with each day of continued violation a separate offense. Section 46.33(10) additionally allows prosecution under the Wisconsin Statutes or county ordinance for violations of the permitting section itself, again treating each day as a distinct offense, and Corporation Counsel may pursue an injunction under § 46.28 alongside any forfeiture action.
Frequently Asked Questions
Does Dane County set its own swimming pool safety standards?
Can a Dane County public pool be closed immediately?
What happens if a pool operates without a permit?
Sources & Official References
Other rules in Dane County
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