Safety and Buildings Division Comm 90 Swimming Pool Code Q&A

Most recent entries - May 11, 2007:  Comm 90.03(18) Constructed swim pond?

Use "find" (Control + F) to locate a key word or code section.
All attachments are PDF files. Explanation of File Formats

Comm code or statute reference - Date

2.68  2/7/06 
Where is the six-foot measurement taken for the determination of slide structural review?
For slides located on the deck, the measurement is taken from the deck surface.  For slides located in the pool, the measurement is taken from the pool floor.

90.02 1/29/03
Are mobile pools required to have plan review under Comm 90?
No. However the Department of Health Services may require a license for the operation or rental of these pools. The definition of a mobile pool is a transportable structure holding water intended for bathing or swimming.

  90.02(1) 2/7/06
When may code requirements be applied to existing pools?
When a pool was constructed after April 1, 1994 the inspector will enforce the code as written at the time of installation.

90.03 6/8/01
When is a splash pad considered a public swimming pool?
When a splash pad water supply is recirculated for reuse, it must be reviewed as a public swimming pool. If the water is not reused and is delivered via the public water supply or a potable well, it is considered a shower.

90.03 2/25/05 (Renumbered)
If a waterslide is removed from a pool that has an obstruction wall, does the pool become a conventional swimming pool?
No, the obstruction wall would still make the pool a water attraction until the Department of Commerce and Department of Health Services are notified and a determination on the pool type is made.

  90.03(18) 5/11/07
When is a constructed pond considered to be a public swimming pool?
A public swimming pool is a structure, basin, chamber or tank constructed of some type of man-made liner, serves three or more individual residences or the public, and is designed to be used for wading, swimming, diving, water recreation, therapy, or bathing.

90.06.02 12/23/03
May a single-walled heat exchanger be used to heat pool water under any circumstances?
Yes. If non-toxic exchange fluid is used in the water heater. See the attached drawing (PDF) for more information on water heaters for pool applications.

90.08(8)(a) 9/27/04
What bolt projections are permitted in a pool?
Bolts located at an elevation of six feet, eight inches or less on a deck or basin obstruction must be protected in one of the following methods: One thread showing and sharp edges ground down, or bolts covered to prevent abrasion. Caution should be used when cutting bolts to keep from reducing the structural integrity of the structure. Where the bolts are part of the structural support, contact the manufacturer or designer for recommendations.

90.08(8)(a) 6/1/04
Is an obstruction permitted that doesn't comply with the obstruction language in this code section?
Yes, with an approved petition for variance or the designation of the pool as a water attraction. Both approvals will require a lifeguard plan approved by the state Department of Health Services. No submerged obstructions will be permitted. This interpretation includes walls for steps that protrude into pool basins. The wall separating a whirlpool from an adjacent pool is an exception to this interpretation.

  90.09 10/4/05
Are pool stair walls considered basin obstructions?
Yes. An alternate approval has been issued by the department that will allow the installation of pool stair walls. The alternate approval has the following stipulations:
- The stairs may only be installed in the corner of a pool.
- The stair wall width must be no more than 12 inches at the surface.
- The stair wall may not be submerged.
- The wall may not extend more than one foot beyond the termination of the steps.
- The wall includes a code-compliant handrail on the step side of the wall.

  90.09, 90.18(6), 90.19 (6) 10/4/05
What width deck is required along pools?
There are different requirements for the various type of public swimming pools. The deck requirements for water attractions are found in 90.20(5).

Wading pools or whirlpools in corners.
- Any distance is permitted on two sides.
- Only 20” may drain into the pool. - When the area is more than 20 inches it must drain to deck drains or, for exterior pools, off the deck.

Swimming pools in corners
- A reduced deck  width around a swimming pool is not permitted by code language.

90.09(1) and (4) 6/01/04
What natural landscaping is permitted within a pool enclosure?
In addition to the requirements for unobstructed deck in Comm 90.09 (1) (a) 2. the following interpretations should be enforced:
- Landscaping features such as bark, gravel, shrubs, flowers, etc. may be located within the pool enclosure but shall be separated from the pool by an additional 5 feet of impervious area or maintained lawn OR the landscaping features must be installed in a 4-inch depression and the depressed area must be surrounded by a 42-inch high barrier.
- Trees used as landscaping features may not overhang the required deck area.
- Sand may not be located within a pool enclosure unless the sand area is made inaccessible from the pool area by the location of a security-type barrier that is at least 42 inches high. There may be controlled entrances to the pool area if the entrances are controlled and provided with showers.

90.09(1)(e) 10/5/05
What minimum deck is necessary to meet the easily accessible requirement?
In order to be easily accessible for all emergency medial rescuers, an unobstructed path of at least 4 feet must be provided around the permitted deck obstructions. This interpretation is for swimming pools.  The language in 90.20 (5) addresses this issue for water attractions.  See drawing for further information.

90.09(2) 4/1/05
Is safing required for deck drains located on a second story above a habitable space?
Yes, Comm 90.09(2), 90.05(2) and 90.20(5 (b)1 have requirements for safing deck drains when deck drains are located on a second story. This does not apply to slide or play towers.

90.10 10/26/98
Can a fence around a pool be shorter than 5 feet?
The attached petition (partial of the petition) was denied. The code section requires a fence 5-foot high and with no openings larger than 3.5 inches. The request was to have a fence 4 feet 3 inches to 4 feet 5 inches high and gates. Note: Petitions have been approved with 4-inch openings.

  90.10 10/4/05
What are the requirements for the enclosure around an outdoor patio that’s adjacent to a pool deck?
If an outdoor patio is not separated from a pool deck by a code compliant enclosure, the outdoor patio must be considered part of the pool facility.  The enclosure around the patio would then need to comply with the requirements found in Comm 90.10.

  90.10(1) 9/27/04
What is meant by the requirement for a “self-closing and latching” gate?
For exterior pools, there needs to be a means to keep unattended children from entering the pool. The code does not define the type of self-closing or latching mechanism. The gate must be located at the shallow end of the pool. Water attractions are permitted to have one fence around the entire complex.

  90.11 2/7/06 
May spray features, slides, water falls or other appurtenances to a swimming pool use water from the recirculation system of that swimming pool?
Much like the water attraction code restriction found in Comm 90.30(4)(a), up to 10 percent of the water from the recirculation system may be used for features connected to the swimming pool.

90.11(4)(b) 3/16/04
Does securely fastening a skimmer basket cover mean that the cover must be screwed down?
No, the code intent is that the skimmer basket cover installed fit correctly in the skimmer.

90.16(2)(b) 11/15/05
Are floor drains required in dressing and toilet rooms?
Yes, with few exceptions.  The pool code does not require the installation of a floor drain in all restrooms or dressing rooms serving a pool. However, only pool decks may drain to deck drains.  Sanitary wastewater (like the drainage from a bathroom floor) must not drain to a deck drain.  Where a bathroom is adjacent to a pool deck, a sanitary floor drain is required in the bathroom.

  90.16(2)(b) 2/7/06 
Are floor drains required in dressing rooms?
Yes, with few exceptions.  The pool code does not require the installation of a floor drain in all restrooms or dressing rooms serving a pool.  However, only pool decks may drain to deck drains.  Sanitary wastewater (like the drainage from a bathroom floor) must not drain to a deck drain.  Where a bathroom is adjacent to a pool deck, a sanitary floor drain is required in the bathroom.

90.16(2)(j) 2/11/05
Pool Sanitary Facility Determination
Outdoor Pools, spas, and water attractions:  All outdoor facilities must meet the minimum requirements of Comm 90.
Indoor Pools, spas, and water attractions:  Indoor pools and water attractions deck area: must meet the minimum requirements of Comm 90.  Indoor pools and water attractions, other than deck area must meet building code sanitary fixture requirements. (What’s a deck? The area that’s sloped to deck drains and complies with the material and maintenance requirements. The minimum deck width is prescribed in Comm 90.)

90.16(2)(j)
How do you calculate the required number of fixtures for additions or remodeling?  
When adding a new pool to an existing facility, how much credit do I get for the existing sanitary facilities? See PDF file.

90.18(3) 8/16/02
What obstructions or play features are permitted in a wading pool?
There are many obstructions that can be incorporated into the design of a wading pool. When the obstructions exceed the following recommendations, a lifeguard plan must be submitted to the Department of Health Services. Obstructions permitted in unguarded wading pool: Obstructions can cover up to 20 percent of pool basin; Obstructions need to be at least 10 feet apart; Obstructions are allowed to be a maximum of 10 feet in length, 5 feet in width, and a maximum of 6 feet high.

90.18(3) 6/1/04
May an umbrella of a width greater than 5 feet be installed in a wading pool?
Yes, if the height to the bottom of the umbrella does not obstruct the line of vision.

90.18(6), 90.09, 90.19 (6) 10/4/05
What width deck is required along pools?
There are different requirements for the various type of public swimming pools. The deck requirements for water attractions are found in 90.20 (5).

Wading pools or whirlpools in corners.
- Any distance is permitted on two sides.
- Only 20” may drain into the pool.
- When the area is more than 20 inches it must drain to deck drains or, for exterior pools, off the deck.

Swimming pools in corners
>- Less than the 6 feet of required deck is only approved via petition, alternate or experimental approval.
- A reduction in the width of deck has only been permitted (by petition) on two sides of the pool.
- Only 20” may drain into the pool.
- Petitions will only be considered where deck widths between 20” and 48” is blocked or themed to discourage pedestrian traffic.

90.19(2)(d) 11/15/05
Is an observation window required for a whirlpool installation when the whirlpool is in a room with a swimming pool?
No.  Unless the whirlpool is in a separate, enclosed room an observation window is not required.

  90.19(2)(d)  2/7/06 
Is an observation window required for a whirlpool installation when the whirlpool is in a room with a swimming pool?
No, unless the whirlpool is in a separate, enclosed room, an observation window is not required.

90.19(4) 1/26/01
May a longer distance be allowed between stairways?
Yes. The attached letter explains a petition that was approved on this subject. The petitioner showed diagram of rectangular and circular whirlpool and illustrated how the exit distance from any point in the whirlpool is less than the other pools.

90.19(6), 90.09, 90.18(6) 10/4/05
What width deck is required along pools?
There are different requirements for the various type of public swimming pools. The deck requirements for water attractions are found in 90.20 (5).

Wading pools or whirlpools in corners.
- Any distance is permitted on two sides.
- Only 20” may drain into the pool. ;
- When the area is more than 20 inches it must drain to deck drains or, for exterior pools, off the deck.

Swimming pools in corners
- Less than the 6 feet of required deck is only approved via petition, alternate or experimental approval.
- A reduction in the width of deck has only been permitted (by petition) on two sides of the pool.
- Only 20” may drain into the pool.
- Petitions will only be considered where deck widths between 20” and 48” is blocked or themed to discourage pedestrian traffic.

  90.19(9)(b)  2/7/06 
May there be any connection between the whirlpool agitation system and the whirlpool circulation system?
No.  The code does not permit a connection between the circulation system and the agitation system.

  90.20(2)(h) 4/1/05
Is a fence required around a water attraction that’s located in a building?
No. The code permits a barrier to be a building, so the building provides the barrier to access.
If an interior fence is installed around a water attraction, the fence may not create a tripping hazard. A height of 36” is considered high enough to eliminate the possibility of creating a tripping hazard.

  90.20(5)(b)5b 4/1/05
How do I know if the deck “effectively drains”?

A simple test to determine if a deck effectively drains is to stack two quarters on the deck. If the water on the deck does not cover the quarters, the deck is said to be code compliant in regards to drainage and the code requirement to effectively drain.

  90.20(6)  2/7/06
Must all pumps installed on the job be identical to the pump specified on the plan?
Yes.  If the pump model is not as specified on the plan, information in a signed and sealed plan or letter must be submitted to the pool plan reviewer and the contractor/designer must receive an acceptance from the reviewer before the inspector will accept the substitute pump.

  90.20(6)  2/7/06
Must the velocity of water in play feature piping comply with the requirements in Comm 90.20(6)?
The pipe velocity requirements do not apply to the feature piping.  However, the suction outlet requirements found in Comm 90.20(8)(h) must be met for any outlet installed in the pool, whirlpool, or water attraction.

90.20(13) 4/1/05
May deck drains in a water attraction discharge to the surge tank? May water attraction surge tanks have grated covers?
Deck drains in a water attraction may not discharge to a surge tank. Comm 82.33(9)(k) requires that deck drains discharge via air gap to a sanitary or storm drain system. Surge tanks may only have grated covers if the cover is one inch higher than the deck drains serving the deck and would not create a tripping hazard. Areas where the water attraction is designed to overflow onto deck area (e.g. roll back, splash zone and runout slide termination points) may be drained and discharged to the surge tank. However, surrounding deck areas may not discharge to these drains. These surrounding deck areas must be sloped to deck drains.

90.205(1) 4/1/05
Do play feature stairs need to comply with the requirements of 90.20(18)(c)?
Not always. Play features less than six feet in height frequently have stairs that do not meet the requirements for stairways. Slides over six feet in height are required to meet the building code requirements for stairways.

Links -- County Web sites || City/Town/Village Web sites || State Portal || Licensing and Permitting || Build Your Business

Email this page's manager, Todd Taylor, ttaylor@commerce.state.wi.us or 608-267-3606

The Department of Commerce Safety and Buildings Division is an equal opportunity service provider and employer. If you need assistance to access services or need material in an alternate format, please contact us, 608-266-3151, TTY 608-264-8777, or ttaylor@commerce.state.wi.us