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Dane County, WI Swimming Pools & Spas: Fencing & Safety Requirements (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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.

City-specific rules exist: Middleton, Sun Prairie, Fitchburg, and Madison have their own fencing & safety requirements rules that differ from Dane County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

(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.

Source: Wisconsin Administrative Code SPS 390View official code

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?
Not the technical specs. Section 46.03(15) defines 'public swimming pool' by pointing to Wis. Admin. Code § SPS 390.03(23), so barrier, drain-cover, and alarm requirements come from state code; the county's Chapter 46 role is permitting, inspecting, and enforcing those standards.
Can a Dane County public pool be closed immediately?
Yes. Under § 46.33(8), the health officer can immediately suspend a pool's permit and require immediate closure to the public whenever continued operation poses an imminent danger to health or safety, without waiting for a revocation hearing.
What happens if a pool operates without a permit?
It violates § 46.33(4), and Chapter 46's general penalty in § 46.27 sets a forfeiture of $50 to $200 for each day of the violation, with Corporation Counsel also authorized to seek an injunction.

Sources & Official References

Other rules in Dane County

All Dane County rules

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