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

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

License required
Public Swimming Pool license
Issuing authority
Public Health Madison and Dane County
Application deadline
7 days before opening
License year
July 1 - June 30
Late renewal fee
25% of license fee
Penalty
$10-$100 forfeiture/day

Summary

Madison requires every public swimming pool to hold a Public Swimming Pool license before opening, issued jointly by Public Health Madison and Dane County under Sec. 7.44, MGO. The section adopts Wis. Admin. Code chs. SPS 390 and ATCP 76 by reference as the minimum safety and sanitation standards a licensed pool must meet.

"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... (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.

Source: WI DHS Public PoolsView official code

Full Breakdown

Sec. 44, MGO, 'Minimum Standards for Public Swimming Pools,' adopts Wis. Admin. Code chs. SPS 390 and ATCP 76 by reference, applying local standards to public pools 'except where a more stringent standard is provided in chs. ' The ordinance defines a covered 'public pool' broadly as any structure or tank 'used for wading, swimming, diving, water recreation, or therapy, including an exercise pool, mobile pool, whirlpool, cold soak pool, or water attraction,' while excluding small setups serving fewer than three individual residences. No person may operate a public pool 'unless Public Health Madison and Dane County has first issued a Public Swimming Pool license,' and owners must apply to the City Clerk at least seven days before opening; the Clerk forwards the application to the joint city-county health department, which inspects the facility and approves the license in writing.

Licenses run July 1 through June 30, renewals are due by June 30 or face a 25% late fee on top of the license fee, and a pre-inspection is required before any license issues. The Director of Public Health Madison and Dane County may suspend a license for up to 30 days or revoke it for noncompliance; an operator can appeal to the Board of Health for Madison and Dane County within 10 days, with further appeal to Dane County Circuit Court. Separately, Madison's Building Code sets a physical barrier standard for residential in-ground pools: Sec. '

Violations & Fines

Operating a public pool without a license, or in violation of Sec. 7.44 or the adopted SPS 390/ATCP 76 standards, draws a forfeiture of $10 to $100 per offense under Sec. 7.44(9)(a), with each day a separate offense, plus a fee for operating unlicensed and possible suspension or revocation of the license by Public Health Madison and Dane County.

Frequently Asked Questions

Who licenses public swimming pools in Madison?
Public Health Madison and Dane County, the joint city-county health department, issues the Public Swimming Pool license under Sec. 7.44, MGO, after the City Clerk forwards the application and the department completes a pre-inspection.
What standards does a Madison public pool have to meet?
Sec. 7.44 adopts Wis. Admin. Code chs. SPS 390 and ATCP 76 by reference as the minimum standards, and defers to the state code whenever it sets a more stringent requirement than the city ordinance.
Does the license requirement cover residential hot tubs?
No. The 'public pool' definition in Sec. 7.44(1) excludes a structure serving fewer than three individual residences, so a single-family backyard hot tub is not licensed under this section; it instead falls under the residential pool barrier rule at Sec. 29.27, MGO.
Can Madison suspend a pool's license?
Yes. The Director of Public Health Madison and Dane County can suspend a Public Swimming Pool license for up to 30 days or revoke it for noncompliance with Sec. 7.44; the operator may appeal to the Board of Health for Madison and Dane County within 10 days.

Sources & Official References

Other rules in Madison

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