reglab/statecodes huggingface dataset:
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.01 - Authority and purpose

Current through June 24, 2024
Section
				  97.625,
				  Stats., gives the department authority to prescribe rules for hotels, including
				  motels, and tourist rooming houses and to enforce these rules for the purpose
				  of protecting public health and safety.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.02 - Scope of rules

Current through June 24, 2024
(1) APPLICABILITY. The provisions of this
				chapter apply to the operator of any hotel, motel, or tourist rooming
				house.
(2) APPROVED COMPARABLE
				COMPLIANCE. When it appears to the department that strict adherence to a
				provision of this chapter is impractical for a particular hotel, motel, or
				tourist rooming house, the department may approve a modification in that rule
				for that facility if the department is provided with satisfactory proof that
				the grant of a variance will not jeopardize the public's health, safety or
				welfare.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.04 - Licenses

Current through June 24, 2024
(1) LICENSE REQUIRED.
(a) No hotel, motel, or tourist rooming house
				may be opened to the public until the operator of the facility has obtained a
				license from the department or its agent by submitting an application under
				sub. (4) and paying the applicable fee specified in s. ATCP 72.05. A separate
				license is required for each hotel, motel, or tourist rooming house.
(b) If any license holder sells or otherwise
				transfers ownership or operation of a hotel, motel, or tourist rooming house to
				another person, except as provided in sub. (3), a new initial license is
				required, and the hotel, motel, or tourist rooming house may not be opened to
				the public until the department has issued a new initial license.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.05 - Department fees

Current through June 24, 2024
(1) FEE SCHEDULES. The fees listed in Table
				ATCP 72.05 A shall apply to licenses issued from April 1, 2009 through March
				31, 2011. The fees listed in Table ATCP 72.05 B shall apply to licenses issued
				on or after April 1, 2011.
(2)
				TYPES OF FEES.
(a)
Preinspection
				fee.
The operator of a hotel, motel or tourist rooming house shall,
				pursuant to sub. (1) , pay the applicable preinspection fee listed in Table
				ATCP 72.05 A or B to the department before an initial or new license is issued
				under s.
				ATCP 72.04.
(b)
License fee.
The
				operator of a hotel, motel, or tourist rooming house shall, pursuant to sub.
				(1) , pay the applicable license fee listed in Table ATCP 72.05 A or B to the
				department for each hotel, motel, or tourist rooming house that the operator
				applies for a license to operate under s.
				ATCP 72.04(1) or
				(2).
(c)
Late fee.
If the license
				fee for a license renewal is not paid before the expiration date of the
				license, the operator of the hotel, motel, or tourist rooming house shall pay
				to the department a late fee of $85.00 in addition to the renewal license
				fee.
(d)
Reinspection
				fee.
If the department conducts a reinspection of a hotel, motel, or
				tourist rooming house under s.
				ATCP 72.06(1)
				(b), the operator shall, pursuant to sub. (1)
				, pay to the department the applicable reinspection fee listed in Table ATCP
				72.05 A or B. The department shall assess an additional reinspection fee as
				listed in Table ATCP 72.05 A or B, whichever is applicable, for any additional
				reinspection conducted under s.
				ATCP 72.06(1) (b)
				4.
(e)
Fees for operating without a
				license.
Any hotel, motel, or tourist rooming house found to be
				operating without a license shall pay to the department an amount of $749.00,
				in addition to all applicable fees and any processing charges under s.
				ATCP
				72.04(6).
Note:
Anyone operating a hotel, motel, or
				  tourist rooming house without a license is also subject to a fine of not less
				  than $100 nor more than $1,000 under s.
				  97.72,
				  Stats.
(f)
Duplicate
				license.
The department shall charge the operator of a hotel, motel,
				or tourist rooming house $15 for a duplicate license.
(g)
Fees for special condition
				inspections.
For inspection or consultation activities that are not
				directly related to the department's licensing responsibilities, the department
				shall charge the operator or the entity requesting the inspection or
				consultation $175.00.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.06 - Enforcement

Current through June 24, 2024
(1) INSPECTIONS AND ACCESS TO THE PREMISES.
(a)
Inspections.
Under ss.
				97.615(2)
				and
				97.65(1),
				Stats., an authorized employee or agent of the department, upon presenting
				proper identification, may enter any hotel, motel or tourist rooming house at
				any reasonable time, for any of the following purposes:
1. To inspect the hotel, motel or tourist
				rooming house.
2. To determine if
				there has been a violation of this chapter or ss.
				97.603
				to
				97.65,
				Stats.
3. To determine compliance
				with previously written violation orders.
4. To secure samples or specimens.
5. To examine and copy relevant documents and
				records provided such information is related to the operation of the hotel,
				motel, or tourist rooming house.
6.
				To obtain photographic or other evidence needed to enforce this
				chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.07 - Suspension or revocation of licenses

Current through June 24, 2024
The department may, after a hearing under s.
				  ATCP
				  72.08, suspend or revoke a license for violation of
				  subch. III of ch. 97, Stats., this chapter or an order issued by the
				  department. The suspension or revocation order shall take effect 15 days after
				  the date of issuance unless a hearing is requested under s.
				  ATCP
				  72.08(1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.08 - Appeals of actions by the department

Current through June 24, 2024
(1)
(a) Except as provided in sub. (2) or (3), a
				request for a hearing for denial of a license, a voided license, suspension,
				revocation, forfeiture, or an order given under s.
				ATCP 72.06(1) (b) 4. or
				(2) shall be submitted in writing to the
				department of administration's division of hearings and appeals within 15 days
				after receipt of the notice of the department's action.
(b) A request for hearing that is mailed to
				the division of hearings and appeals shall be considered filed with the
				division on the date of the postmark.
(c) A request for hearing that is
				hand-delivered to the division of hearings and appeals shall be considered
				filed on the date the request is received by the division of hearings and
				appeals.
(d) A request for hearing
				transmitted by facsimile to the division of hearings and appeals shall be
				considered filed on the date and time imprinted by the division's facsimile
				machine on the transaction report that accompanies the document. Documents
				received by facsimile after midnight local time shall be deemed filed on the
				first following business day.
Note:
Effective 7-1-16, pursuant to 2015 Wis.
				  Act 55 and s.
				  227.43(1m),
				  Stats., a request for hearing shall be submitted to the DATCP Secretary via
				  e-mail at datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box
				  8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture
				  Drive, Madison, Wisconsin 53718.
(e) As a condition for requesting a hearing
				under this subsection to appeal the voiding of a license, an applicant or
				operator shall comply with sub. (3). In an appeal concerning voiding a license,
				the burden is on the applicant or operator to show that the entire applicable
				fees, late fees and processing charges have been paid.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.09 - Appeals of actions by agent health departments

Current through June 24, 2024
If an agent issues a license under this chapter, the agent
				  shall create enforcement and appeal procedures under ss.
				  66.0417
				  and
				  97.615(2)
				  (g), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.11 - Furnishings, equipment and utensils

Current through June 24, 2024
(1) DESIGN. All
				equipment, utensils and furnishings shall be designed, made of a kind of
				material and constructed to be easily cleanable and to be durable.
(2) INSTALLATION. All furnishings and
				equipment shall be installed in a way that facilitates the cleaning of the
				furnishings and equipment and all adjacent areas.
(3) UTENSIL SANITATION.
(a) Whenever multi-use glasses, ice buckets
				or other utensils are provided for a guest, the items shall be washed, rinsed
				and sanitized in an approved manner before being provided for use by a
				different guest. Utensils, when furnished, shall be free of cracks or chips.
				The food-content surfaces shall be smooth, nontoxic, corrosion-resistant,
				nonabsorbent, and easily accessible for cleaning.
(b) The reuse of single-service utensils is
				prohibited.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.12 - Food

Current through June 24, 2024
(1) LICENSE. Any hotel, motel, or tourist
				rooming house operator who prepares, sells or serves lunches or meals shall
				meet the requirements of subch. III of ch. ATCP 75 and obtain a retail food
				establishment - restaurant license.
Note:
Effective 7-1-16, pursuant to 2015 Wis.
				  Act 55, the restaurant permit referenced in this subsection is a retail food
				  establishment license. To obtain a copy of the application form for the
				  license, call (608) 224-4923 or send an e-mail to
				  datcpdfslicensing@wi.gov.
(2) ICE. All ice used in a hotel, motel, or
				tourist rooming house for cooling drinks or food by direct contact shall be
				made from a public water supply or an approved private water supply. All
				ice-making machines shall have tight-fitting doors which are kept closed
				between service. New or replacement ice-making machines or bins shall be of the
				mechanical dispensing type unless ice is dispensed by an employee. Ice tongs or
				ice scoops shall be used in handling ice used for cooling beverages or food and
				shall be properly protected against contamination when stored. All ice shall be
				stored and served in a smooth-surfaced, easily-cleanable container. Packaged
				ice shall be stored in a clean area and protected against
				contamination.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.13 - Employee health

Current through June 24, 2024
Persons who have a communicable disease shall refrain from
				  working in a hotel, motel, or tourist rooming house. No operator may employ any
				  person suspected of having a communicable disease.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.14 - Building structure and safety

Current through June 24, 2024
(1) STATE BUILDING
				CODE. All hotels, motels, and tourist rooming houses shall comply with the
				state commercial building code, chs.
				SPS
				361 to 365. The department shall enforce the rules of
				chs.
				SPS
				361 to 365 relating to fire safety, including but not
				limited to rules on isolation of fire hazards, fire escapes, fire exits, fire
				extinguishers, fire alarm systems, smoke detectors, exit lights, space heaters,
				ventilation, and directions of escape.
(2) ADDITIONAL REQUIREMENTS.
(a)
Ventilation with gas space
				heaters.
Any room where a gas space heater is located shall have
				access to a constant supply of fresh air through a permanent opening which
				shall not be closed. The size of the opening shall be minimum of 10 square
				inches (65 square cm) and at least one square inch for each 1,000 BTU per hour
				of the rated heating capacity of the heater, or be so constructed that the air
				used in the combustion of the fuel is taken directly from the
				outside.
(b)
Size of
				sleeping rooms.
Every sleeping room shall be of sufficient size to
				afford at least 400 cubic feet (12 cum) of air space for each occupant over 12
				years of age and 200 cubic feet (6 cum) for each occupant 12 years and under.
				Every sleeping room shall have a minimum ceiling height of 7 feet (2.13 m). No
				greater number of sleeping occupants than the number established by application
				of these standards is permitted in any sleeping room.
(c)
Smoke detection.
Each
				cabin or cottage shall be provided with at least one approved, listed and
				labeled smoke detector located in a manner consistent with the manufacturer's
				recommendations.
(d)
Door
				locks.
Doors to all sleeping rooms, cabins and cottages shall be
				provided with facilities for key locking from the outside and non-key locking
				from the inside.
(e)
Window
				screens.
All windows that can be opened in sleeping rooms shall be
				screened, using 16 mesh or finer material. If sleeping rooms are not
				effectively air-conditioned, doors opening to the outside shall be similarly
				screened.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.145 - Carbon monoxide detectors

Current through June 24, 2024
(1) PURPOSE. The
				purpose of this section is to implement the requirements of s.
				97.625(1)
				(am) and (1g), Stats., with respect to
				facilities in a manner consistent with the standards in s.
				101.149,
				Stats., and ss.
				SPS
				321.097 and 362.0915.
Note:
Section
				  97.625(1)
				  (am), Stats., was repealed by 2017 a.
				  330.
(2) DEFINITIONS. In
				this section:
(a) "Carbon monoxide detector"
				means an electronic or battery-operated device that sounds an alarm when an
				unsafe level of carbon monoxide is in the air. A carbon monoxide detector is
				referred to as a "carbon monoxide alarm" by the Underwriters Laboratories,
				Inc., standards and ss.
				SPS
				320.24(2), 321.097, and
				362.0915.
(b) "Fuel-burning
				appliance" means a device that is used or intended to be used in a residential
				building and burns fossil fuel or carbon based fuel where carbon monoxide is a
				combustion by-product. "Fuel-burning appliance" includes stoves, ovens, grills,
				clothes dryers, furnaces, boilers, water heaters, heaters, and
				fireplaces.
(c) "Inspection agent"
				means an individual holding certification under s.
				SPS 305.71 as an
				HVAC qualifier, who has been retained by the department or its agent to conduct
				the inspections of sealed combustion units required under this section and ss.
				97.625(1)
				(am) and
				101.149(5)
				(c), Stats.
Note:
Sections
				  97.625(1)
				  (am) and
				  101.149(5)
				  (c), Stats., were repealed by 2017 a.
				  330.
(d) "Listed" means
				equipment that is tested by an independent testing agency and accepted by the
				department of safety and professional services.
(e) "Residential building" means a facility's
				building, any part of which is offered for pay as sleeping or lodging
				accommodations to tourists or transients.
(f) "Sealed combustion appliance" means a
				listed fuel-burning appliance that acquires all air for combustion through a
				dedicated sealed passage from the outside to a sealed combustion chamber and
				for which all combustion products are vented to the outside through a separate
				dedicated sealed vent.
(g)
				"Sleeping area" means the area of the unit in which the bedrooms or sleeping
				rooms are located. Bedrooms or sleeping rooms separated by another use area
				such as a kitchen or living room are separate sleeping areas but bedrooms or
				sleeping rooms separated by a bathroom are not separate sleeping
				areas.
(h) "Unit" means a part of a
				residential building that is offered for pay as a sleeping place or sleeping
				accommodations to an individual or a group of individuals maintaining a common
				household, to the exclusion of others. It includes, but is not limited to, an
				individually rented room or suite of rooms in a hotel or an individually rented
				tourist cabin or cottage.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.15 - Maintenance

Current through June 24, 2024
(1) GENERAL. Every hotel, motel and tourist
				rooming house shall be maintained and equipped in a manner conducive to the
				health, comfort, and safety of its guests.
(2) ROOMS. The floors, walls, and ceilings of
				all rooms shall be maintained in a clean and sanitary condition and in a good
				state of repair.
(3) INSECT AND
				RODENT CONTROL. Effective measures intended to minimize the presence of
				rodents, flies, cockroaches, and other insects on the premises shall be
				employed. The premises shall be kept in a condition which will prevent the
				harborage or feeding of insects or rodents.
(4) PREMISES. The premises shall be
				maintained in a clean, neat condition, free from refuse and other objectionable
				conditions or hazards. Land surfaces surrounding the hotel, motel, or tourist
				rooming house shall be well-drained. Parking areas shall be properly graded,
				drained and treated to minimize dust and dirt. The exterior of all buildings
				shall be well-maintained and kept in good repair.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 72 - Hotels, Motels, And Tourist Rooming Houses › Section ATCP 72.16 - Registration of guests

Current through June 24, 2024
Each hotel, motel, and tourist rooming house shall provide a
				  register and require all guests to register their true names and addresses
				  before being assigned sleeping quarters. The register shall be kept intact and
				  available for inspection by representatives of the department for at least one
				  year.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.01 - Authority and purpose

Current through June 24, 2024
Section
				  97.625,
				  Stats., gives the department authority to prescribe rules for bed and breakfast
				  establishments and to enforce these rules for the purpose of protecting public
				  health and safety.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.02 - Scope

Current through June 24, 2024
(1) APPLICABILITY. The provisions of this
				chapter apply to the operator of any bed and breakfast establishment.
(2) APPROVED COMPARABLE COMPLIANCE. When it
				appears to the department that strict adherence to a provision of this chapter
				is impractical for a particular bed and breakfast establishment, the department
				may approve a modification in that rule for that facility if the department is
				provided with satisfactory proof that the grant of a variance will not
				jeopardize the public's health, safety, or welfare.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.03 - Definitions

Current through June 24, 2024
In this chapter:
(1) "Agent" means the city or county
				designated by the department to issue licenses to and make investigations or
				inspections of bed and breakfast establishments.
(2) "Approved" means acceptable to the
				department, based on its determination of conformance to this chapter and good
				public health practices.
(3) "Bed
				and breakfast establishment" means any place of lodging that provides 8 or
				fewer rooms for rent to no more than a total of 20 tourists or other transients
				for more than 10 nights in a 12-month period, is the owner's personal
				residence, is occupied by the owner at the time of rental, and in which the
				only meal served to guests is breakfast.
(4) "Department" means the department of
				agriculture, trade and consumer protection.
(5) "Furnishings" means, in connection with
				the operation of a bed and breakfast establishment, linens, beds, bedding,
				chairs, tables, shelves, drapes, carpeting, curtains, decorations, fixtures,
				and similar items provided in the sleeping rooms and common areas of the
				facility.
(6) "Potentially
				hazardous food" means any food that consists in whole or in part of milk or
				milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other
				ingredients, including synthetic ingredients, in a form capable of supporting
				rapid and progressive growth of infectious or toxigenic microorganisms.
				"Potentially hazardous food" does not include clean, whole, uncracked, and
				odor-free shell eggs or foods which have a pH level of 4.6 or below or a water
				activity (a w) value of 0.85 or less.
(7) "Premises means the tract of land on
				which the bed and breakfast establishment is located.
(7m) "Tourist or transient" means a person
				who travels to a location away from his or her permanent address for a short
				period of time for vacation, pleasure, recreation, culture, business, or
				employment.
(8) "Utensil" means any
				kitchenware, tableware, glassware, cutlery, container, or similar item with
				which food or drink comes in contact during storage, preparation or
				serving.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.04 - Licenses

Current through June 24, 2024
(1) LICENSE REQUIRED.
(a) No bed and breakfast establishment may be
				opened to the public until the operator of the bed and breakfast establishment
				has obtained a license from the department or its agent by submitting an
				application under sub. (4) and paying the applicable fee specified in s. ATCP
				73.05. A separate license is required for each bed and breakfast
				establishment.
(b) A new initial
				license is required if a license holder sells or otherwise transfers ownership
				or operation of a bed and breakfast establishment to another person, except as
				provided in sub. (3).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.05 - Department fees

Current through June 24, 2024
(1) FEE SCHEDULES. The fees listed in Table
				ATCP 73.05 A shall apply to licenses issued from April 1, 2009 through March
				31, 2011. The fees listed in Table ATCP 73.05 B shall apply to licenses issued
				on or after April 1, 2011.
Note:
Local health departments that are agents
				  for the department have authority under s.
				  97.615(2)
				  (d), Stats., to establish and collect fees
				  for licenses issued by the local health department. If your establishment was
				  licensed by a local health department, contact the local health department for
				  its license fee schedule.
(2) TYPES OF FEES.
(a)
Preinspection fee.
The
				owner of a bed and breakfast establishment shall, pursuant to sub. (1) , pay
				the applicable preinspection fee listed in Table ATCP 73.05 A or B to the
				department before an initial or new license is issued under s.
				ATCP 73.04.
(b)
License fee.
The owner
				of a bed and breakfast establishment shall, pursuant to sub. (1) , pay the
				applicable license fee listed in Table ATCP 73.05 A or B to the department for
				each bed and breakfast establishment that the operator applies for a license to
				operate under s.
				ATCP 73.04(1) or
				(2).
(c)
Late fee.
If the license
				fee for a license renewal is not paid before the expiration date of the
				license, the owner of the bed and breakfast establishment shall pay to the
				department a late fee of $85.00 in addition to the renewal license
				fee.
(d)
Reinspection
				fee.
If the department conducts a reinspection of a bed and breakfast
				establishment under s.
				ATCP 73.06(1) (b)
				1. and 2., the owner shall, pursuant to s.
				sub. (1) , pay to the department the applicable reinspection fee listed in
				Table ATCP 73.05 A or B. The department shall assess an additional fee as
				specified in Table ATCP 73.05 A or B, whichever is applicable, for any
				additional reinspection conducted under s.
				ATCP 73.06(1) (b)
				4.
(e)
Fees for operating without a
				license.
Any bed and breakfast establishment found to be operating
				without a license shall pay to the department an amount of $749.00, in addition
				to all applicable fees and any processing charges under s.
				ATCP
				73.04(6).
Note:
Anyone operating a bed and breakfast
				  establishment without a license is also subject to a fine of not less than $100
				  nor more than $1,000 under s.
				  97.72,
				  Stats.
(f)
Duplicate
				license.
The department shall charge the operator of a bed and
				breakfast establishment $15 for a duplicate license.
(g)
Fees for special condition
				inspections.
For inspection or consultation activities that are not
				directly related to the department's licensing responsibilities, the
				departments shall charge the operator or the entity requesting the inspection
				or consultation $175.00.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.06 - Enforcement

Current through June 24, 2024
(1) INSPECTIONS AND ACCESS TO THE PREMISES.
(a)
Inspections.
Under ss.
				97.615(2)
				and
				97.65(1),
				Stats., an authorized employee or agent of the department, upon presenting
				proper identification, may enter any bed and breakfast establishment at any
				reasonable time, for any of the following purposes:
1. To inspect the bed and breakfast
				establishment.
2. To determine if
				there has been a violation of this chapter or ss.
				97.603
				to
				97.65,
				Stats.
3. To determine compliance
				with previously written violation orders.
4. To secure samples or specimens.
5. To examine and copy relevant documents and
				records provided such information is related to the operation of the bed and
				breakfast establishment.
6. To
				obtain photographic or other evidence needed to enforce this chapter.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.07 - Suspension or revocation of license

Current through June 24, 2024
The department may, after a hearing under s.
				  ATCP
				  73.08, suspend or revoke a license for violation of
				  ss.
				  97.603
				  to
				  97.65,
				  Stats., this chapter or an order issued by the department. The suspension or
				  revocation order shall take effect 15 days after the date of issuance unless a
				  hearing is requested under s.
				  ATCP
				  73.08(1).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.08 - Appeals of actions by the department

Current through June 24, 2024
(1)
(a) Except as provided in sub. (2) or (3), a
				request for a hearing for denial of a license, a voided license, suspension,
				revocation, forfeiture, or an order given under s.
				ATCP 73.06(1) (b) 4. or
				(2) shall be submitted in writing to the
				department of administration's division of hearings and appeals within 15 days
				after receipt of the notice of the department's action.
(b) A request for hearing that is mailed to
				the division of hearings and appeals shall be considered filed with the
				division on the date of the postmark.
(c) A request for hearing that is
				hand-delivered to the division of hearings and appeals shall be considered
				filed on the date the request is received by the division of hearings and
				appeals.
(d) A request for hearing
				transmitted by facsimile to the division of hearings and appeals shall be
				considered filed on the date and time imprinted by the division's facsimile
				machine on the transaction report that accompanies the document. Documents
				received by facsimile after midnight local time shall be deemed filed on the
				first following business day.
Note:
Effective 7-1-16, pursuant to 2015 Wis.
				  Act 55 and s.
				  227.43(1m),
				  Stats., a request for hearing shall be submitted to the DATCP Secretary via
				  e-mail at datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box
				  8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture
				  Drive, Madison, Wisconsin 53718.
(e) As a condition for requesting a hearing
				under this subsection to appeal the voiding of a license, an applicant or owner
				shall comply with sub. (3). In an appeal concerning voiding a license, the
				burden is on the applicant or owner to show that the entire applicable fees,
				late fees and processing charges have been paid.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.09 - Appeals of actions by agent health departments

Current through June 24, 2024
If an agent issues a license under this chapter, the agent
				  shall create enforcement and appeal procedures under ss.
				  66.0417
				  and
				  97.615(2)
				  (g), Stats.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.11 - Toilet, handwashing and bathing facilities

Current through June 24, 2024
(1) GENERAL. Bed
				and breakfast establishments shall be provided with clean and sanitary toilet,
				handwashing, and bathing facilities. These facilities, and laundry facilities
				used in conjunction with bed and breakfast establishments, shall be cleaned at
				least daily, if used, and maintained in good repair.
(2) FIXTURES. One toilet, lavatory, and
				shower or bathtub shall be provided for every 10 guests or fraction
				thereof.
(3) HOT AND COLD WATER.
				All lavatories and baths shall be supplied with hot and cold running water.
				Each person who is provided accommodations shall be provided individual soap
				and clean, individual bath cloths, and towels.
(4) LINENS. Clean towels and bath cloths
				shall be stored and handled in a manner which avoids contamination.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.12 - Furnishings, equipment and utensils

Current through June 24, 2024
(1) DESIGN. All
				equipment, utensils and furnishings shall be designed, made of a kind of
				material and constructed to be easily cleanable and to be durable. Surfaces
				with which food or drink comes into contact shall be easily accessible for
				cleaning and shall be nontoxic, corrosion-resistant, nonabsorbent, and free of
				defects. Disposable articles shall be made from nontoxic materials.
(2) INSTALLATION OF FURNISHINGS AND
				EQUIPMENT. All furnishings and equipment shall be installed in a way that
				facilitates the cleaning of the furnishings and equipment and all adjacent
				areas.
(3) CONDITION OF FURNISHINGS
				AND EQUIPMENT. Furnishings and equipment shall be kept clean and in good
				repair.
(4) UTENSIL SANITATION.
(a) Utensils shall be kept clean and in good
				repair.
(b) Multi-use eating and
				drinking utensils shall be thoroughly cleaned after each use. Facilities needed
				for the operations of washing, rinsing and sanitizing shall be
				provided.
(c) Pots, pans and other
				utensils used in the preparation or serving of food or drink and all food
				storage utensils shall be thoroughly cleaned after each use. Cooking surfaces
				of equipment, if any, shall be cleaned at least once each day. Nonfood contact
				surfaces of equipment shall be cleaned at intervals that will keep them in a
				clean and sanitary condition.
(d)
				Residential sinks and home-style mechanical dishwashing machines are acceptable
				facilities for washing multi-use eating and drinking utensils, and pots, pans
				and other cooking utensils.
(e)
				Immediately following either manual or mechanical washing of eating and
				drinking utensils, and pots, pans, and other cooking utensils, these utensils
				shall be effectively sanitized by being submerged in a hypochlorite solution
				with a chlorine concentration continuously maintained at 100 parts per million,
				or another approved sanitizing solution which shall be used at the
				concentration at which tested and approved by the department. Dishpans may be
				used to accomplish the final sanitizing rinse.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.13 - Food

Current through June 24, 2024
(1) STORAGE. All food storage facilities
				shall be kept clean and free of vermin. Residential kitchen cabinets are
				acceptable storage facilities.
(2)
				FOOD SUPPLIES. Food, including milk and milk products, shall be clean,
				wholesome, free from spoilage, free from adulteration and misbranding, and safe
				for human consumption. Milk of only pasteurized Grade A quality may be used.
				Use of home-canned food is prohibited except for jams and jellies.
(3) FOOD PROTECTION.
(a) Foods shall be protected from
				contamination while being stored, prepared and served, and during
				transportation. Perishable foods shall be stored at temperatures that will
				protect them against spoilage. Potentially hazardous food shall be maintained
				at safe temperatures of 40°F. (4°C.) or below, or 150°F.
				(66°C.) or above, as appropriate, except during necessary periods of
				preparation and serving. Frozen food shall be kept at temperatures that will
				keep them frozen, except when being thawed for preparation or use. Potentially
				hazardous frozen food shall be thawed at refrigerator temperatures of 40°F.
				(4°C.) or below, quick-thawed as part of the cooking process, or thawed by
				another method approved by the department. An indicating thermometer shall be
				located in each refrigerator. Raw fruits and vegetables shall be washed
				thoroughly before use. Stuffings, poultry, stuffed meats and poultry, and pork
				and pork products shall be cooked to heat all parts of the food to at least
				165°F. (74°C.) before being served. Salads made of meat, poultry,
				potatoes, fish, shellfish, or eggs, and other potentially hazardous prepared
				food, shall be prepared from chilled products, with a minimum of manual
				contact. Portions of food once served to an individual may not be served
				again.
(b) Refrigeration
				facilities, hot food storage facilities and effective insulated facilities
				shall be provided as needed to ensure that all food is maintained at safe
				temperatures of 40°F. (4°C.) or below, or 150°F (66°C.) or
				above, as appropriate, during storage, preparation and serving.
(c) Containers of food shall be stored above
				the floor, on clean racks, shelves, or other clean surfaces, in such a manner
				as to be protected from splash and other contamination.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.14 - Building safety

Current through June 24, 2024
(1) VENTILATION WITH SPACE HEATERS.
(a) Any room where a gas space heater is
				located shall have a constant supply of fresh air through a permanent opening
				which shall not be closed. The size of the opening shall be at least one square
				inch for each 1,000 BTU per hour of the rated heating capacity of the heater,
				with a minimum of 10 square inches (65 square cm), or be so constructed that
				the air used in the combustion of the fuel is taken directly from the
				outside.
(b) The use of unvented
				gas, kerosene, oil or other fossil fuel space heaters is prohibited.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.145 - Carbon monoxide detectors

Current through June 24, 2024
(1) PURPOSE. The
				purpose of this section is to implement the requirements of s.
				97.625(1)
				(am) and (1g), Stats., with respect to bed
				and breakfast establishments in a manner consistent with the standards in s.
				101.149,
				Stats., and ss.
				SPS
				321.097 and 362.0915.
Note:
Section
				  97.625(1)
				  (am), Stats., was repealed by 2017 a.
				  330.
(2) DEFINITIONS. In
				this section:
(a) "Carbon monoxide detector"
				means an electronic or battery-operated device that sounds an alarm when an
				unsafe level of carbon monoxide is in the air. A carbon monoxide detector is
				referred to as a "carbon monoxide alarm" by the Underwriters Laboratories,
				Inc., standards and ss.
				SPS
				320.24(2), 321.097 and
				362.0915.
(b) "Fuel-burning
				appliance" means a device that is used or intended to be used in a residential
				building and burns fossil fuel or carbon based fuel where carbon monoxide is a
				combustion by-product. "Fuel-burning appliance" includes stoves, ovens, grills,
				clothes dryers, furnaces, boilers, water heaters, heaters, and
				fireplaces.
(c) "Inspection agent"
				means an individual holding certification under s.
				SPS 305.71 as an
				HVAC qualifier, who has been retained by the department or its agent to conduct
				the inspections of sealed combustion units required under this section and ss.
				101.149(5)
				(c) and
				97.625(1)
				(am), Stats.
Note:
Sections
				  97.625(1)
				  (am) and
				  101.149(5)
				  (c), Stats., were repealed by 2017 a.
				  330.
(d) "Listed" means
				equipment that is tested by an independent testing agency and accepted by the
				department of safety and professional services.
(e) "Residential building" means a bed and
				breakfast establishment.
(f)
				"Sealed combustion appliance" means a listed fuel-burning appliance that
				acquires all air for combustion through a dedicated sealed passage from the
				outside to a sealed combustion chamber and for which all combustion products
				are vented to the outside through a separate dedicated sealed vent.
(g) "Sleeping area" means the area of the
				unit in which the bedrooms or sleeping rooms are located. Bedrooms or sleeping
				rooms separated by another use area such as a kitchen or living room are
				separate sleeping areas but bedrooms or sleeping rooms separated by a bathroom
				are not separate sleeping areas.
(h) "Unit" means a part of a residential
				building that is offered for pay as a sleeping place or sleeping accommodations
				to an individual or a group of individuals maintaining a common household to
				the exclusion of others. Every room or set of rooms that is rented out
				separately is a "unit."
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 73 - Bed And Breakfast Establishments › Section ATCP 73.15 - Maintenance

Current through June 24, 2024
(1) GENERAL. Every bed and breakfast
				establishment shall be maintained and equipped in a manner conducive to the
				health, comfort, and safety of its guests.
(2) ROOMS. The floors, walls and ceilings of
				all rooms shall be maintained in a clean and sanitary condition and in a good
				state of repair.
(3) BUILDINGS AND
				GROUNDS. Buildings and grounds shall be maintained in a clean, neat condition,
				free from refuse and other objectionable conditions or hazards. The exterior of
				all buildings shall be well-maintained and kept in good repair.
(4) INSECT AND RODENT CONTROL. Effective
				measures intended to minimize the presence of rodents, flies, cockroaches, and
				other insects on the premises shall be employed. The premises shall be kept in
				a condition which will prevent the harborage or feeding of insects or
				rodents.
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.02 - Scope

Current through June 24, 2024
(1) This chapter applies to agent program
				inspection and regulatory oversight of licensees and establishments, as defined
				in this chapter.
(2) An agent
				program shall ensure that licensees operating retail food establishments under
				its jurisdiction comply with ch. ATCP 75 Appendix.
Note:
Pursuant to s.
				  227.14(1s),
				  Stats., the department has published ch. ATCP 75 Appendix in the format of the
				  model food code published by the United States food and drug
				  administration.
(3) An agent
				program shall enforce applicable provisions in ch. ATCP 70, at retail food
				establishments conducting food processing operations but exempt from the
				requirement to hold a food processing plant license, pursuant to s.
				ATCP
				70.03(7) (a).
Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 74 - Local Agents and Regulation › Section ATCP 74.04 - Agent status

Current through June 24, 2024
(1) AGENT PROPOSED PROGRAM PLAN. To become a
				new agent, a local health department shall submit a written proposed program
				plan to the department, in a form specified by the department, describing the
				proposed agent program. The proposed program plan shall describe all of the
				following:
(a) Employee positions that will
				issue licenses or conduct investigations and inspections.
(b) Staffing and budget plans for issuing
				licenses, making investigations and inspections, providing technical
				assistance, and enforcing applicable state statutes and rules and local
				ordinances.
(c) A list of the
				licenses that may be issued by the agent. A local ordinance may combine and
				expand license categories, so long as those categories include all of the types
				of establishments that shall be licensed under the agent contract.
(d) A list of the fees to be charged by the
				agent to licensees. A local ordinance may establish local license fees that
				differ from fees charged under chs.
				ATCP 72, 73, 75, 76, 78, and 79
				and ch. ATCP 75 Appendix, for licenses issued by the department. All license
				fees shall be based on the agent's reasonable program costs, pursuant to s.
				97.41(4), Stats.
(e) A description
				of the inspection and enforcement program to be implemented by the agent
				including a copy of applicable village, city, or county ordinances or
				regulations.
(f) Procedures to
				ensure cooperation between the agent and appropriate federal, state, local, and
				tribal agencies in the event of a natural disaster or other
				emergency.
(g) Procedures for
				investigating complaints concerning licensees under the contract and unlicensed
				activity that may require licensing and inspection.
(h) Procedures for notifying the department
				when the agent receives information or a complaint concerning an establishment
				that may need to be licensed or inspected within the agent's geographical area
				but under the department's jurisdiction.
(i) Procedures for investigating reports of
				suspected foodborne illness, including cooperation with the
				department.
(j) Procedures to
				ensure the time period, within which the agent will make a determination on an
				application for a license, does not exceed 30 days following receipt of a
				complete application.
(k) Any other
				information that the department may reasonably require for its review of the
				agent's program plan.