Madison, WI Swimming Pools & Spas: Fencing & Safety Requirements (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.
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?
What standards does a Madison public pool have to meet?
Does the license requirement cover residential hot tubs?
Can Madison suspend a pool's license?
Sources & Official References
Other rules in Madison
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Fencing & Safety Requirements in Nearby Cities
How other cities in Dane County handle fencing & safety requirements.