Register November 2011 No. 671
Chapter DHS 192
CITIES, COUNTIES AND VILLAGES DESIGNATED AS AGENTS OF THE
DEPARTMENT FOR PUBLIC HEALTH PROTECTION PURPOSES
DHS 192.01 Authority and purpose.
DHS 192.02 Applicability.
DHS 192.08 Reports and records.
DHS 192.09 Reimbursements and other payments for services.
DHS 192.10 Expiration of permits.
DHS 192.11 Termination, revocation or suspension of agent agreement.
DHS 192.12 Evaluation and training.
Ch. DHS 192 Note
Note: Chapter HSS 192 was renumbered to Chapter HFS 192 under s. 13.93 (2m) (b) 1., Stats., and corrections made under s. 13.93 (2m) (b) 6. and 7., stats.,
Register, August, 1998, No. 512. Chapter HFS 192 was renumbered chapter DHS 192 under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 192.01
DHS 192.01
Authority and purpose. This chapter is promulgated under the authority of ss.
254.69 (2) (b) and
250.04 (7), Stats., to provide standards for villages, cities and counties designated by the department to be its agents in issuing permits to and making investigations and inspections of hotels and motels, tourist rooming houses, restaurants, bed and breakfast establishments, campgrounds, including camping resorts, recreational and educational camps, mobile home parks and public swimming pools, and in making investigations and inspections of food vending machines, their operators and vending machine commissaries.
DHS 192.01 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1995, No. 476.
DHS 192.02
DHS 192.02
Applicability. This chapter applies to a village, city or county designated as an agent of the department or applying for agent status.
DHS 192.02 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-1-88.
DHS 192.03
DHS 192.03
Definitions. In this chapter:
DHS 192.03(1)
(1) "Agent" means a village, city or county which has organized or appointed a county, city and county or multiple county health department under s.
251.02, Stats., a health commission or committee under
s. 141.01, 1991 Stats., a city board of health or health officer under
s. 141.015,
141.02 or
141.04, 1991 Stats., or a community human services board under s.
46.23, Stats., has a population greater than 5,000, and has entered into an agent agreement with the department.
DHS 192.03(2)
(2) "Agent agreement" means a written agreement authorized by s.
254.69, Stats., between the department and a village, city or county, whereby the village, city or county is authorized to enforce, on behalf of the department, s.
254.47, Stats., and subch.
VII of ch. 254, Stats., and related administrative rules.
DHS 192.03(3)
(3) "Department" means the Wisconsin department of health services.
DHS 192.03(4)
(4) "Facility" means a hotel or motel, tourist rooming house, restaurant, bed and breakfast establishment, food vending machine or vending machine commissary under subch.
VII of ch. 254, Stats., or a camping resort or other campground, recreational camp, educational camp, mobile home park or public swimming pool under s.
254.47, Stats.
DHS 192.03(5)
(5) "Fiscal year" means the state fiscal year, July 1 through the following June 30.
DHS 192.03(6)
(6) "New agent" means a village, city or county that has applied for and has been granted agent status for the first time, or a village, city or county that has reapplied for and has been granted agent status after termination of the original agent agreement.
DHS 192.03(8)
(8) "Related administrative rules" means department rules that implement s.
254.47, Stats., or subch.
VII of ch. 254, Stats., namely,
chs. DHS 172,
175,
178,
195,
196,
197 and
198, or equivalent or more stringent local requirements.
DHS 192.03 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1995, No. 476; correction in (7) made under s. 13.93 (2m) (b) 7., Stats.,
Register, June, 2001, No. 546; corrections in (3), (7) and (8) made under s. 13.92 (4) (b) 6. and 7., Stats.,
Register January 2009 No. 637; correction in (7) made under s. 13.92 (4) (b) 7., Stats.,
Register March 2011 No. 663; correction in (7) made under s. 13.92 (4) (b) 7., Stats.,
Register November 2011 No. 671.
DHS 192.04(1)(1)
Agent plan for administration and enforcement. A village, city or county wishing to become a new agent shall enter into an agent agreement with the department by submitting a written proposal to the department which shall include a plan for the administration and enforcement of s.
254.47, Stats., and subch.
VII of ch. 254, Stats., and related administrative rules. The plan shall include, at minimum:
DHS 192.04(1)(a)
(a) Identification of the agency or agencies of village, city or county government that will issue permits and conduct investigations and inspections;
DHS 192.04(1)(b)
(b) A description of the projected staffing and budget for issuing permits, making investigations and inspections, providing technical assistance, and enforcing applicable state rules and local ordinances;
DHS 192.04(1)(c)
(c) A list of the fees to be charged by the village, city or county for facilities issued permits under the agent agreement;
DHS 192.04(1)(d)
(d) A description of the proposed permit issuance and recordkeeping system to be maintained by the village, city or county under the agent agreement;
DHS 192.04(1)(e)
(e) A declaration that the village, city or county granted agent status will contract with the department, as permitted by s.
254.69 (2) (dm), Stats., if the village, city or county wants the department to collect fees and issue permits;
DHS 192.04(1)(f)
(f) A description of the proposed inspection and enforcement program to be implemented by the village, city or county, with a copy of the applicable city or county ordinance;
DHS 192.04(1)(g)
(g) A plan of action to ensure that there will be cooperation with appropriate federal, state and local agencies in the event of a natural disaster or other emergency;
DHS 192.04(1)(h)
(h) Procedures for the investigation and follow-up of citizen complaints about facilities that were issued permits under the agent agreement;
DHS 192.04(1)(i)
(i) Procedures for the investigation and follow-up of reports of suspected foodborne illness;
DHS 192.04(1)(j)
(j) The time period within which the village, city or county will make a determination on an application for a permit. The time period may not exceed 30 days following receipt of a complete application;
DHS 192.04(1)(k)
(k) An assurance of continued support by the village, city or county for carrying out the agent agreement; and
DHS 192.04(1)(L)
(L) Any other information which the department considers necessary or relevant for its review of a village, city or county plan.
DHS 192.04(2)
(2) Department review of agent plan. The department shall review the agent's plan under
sub. (1) for completeness and for the adequacy and appropriateness of the proposed program, fee schedules and procedures for proper administration and enforcement of s.
254.47, Stats., and subch.
VII of ch. 254, Stats., and related administrative rules.
DHS 192.04(3)
(3) Agent agreement. If the department approves the agent's plan, the department shall prepare an agent agreement. The agent agreement shall be signed by both parties. By signing the agent agreement, the village, city or county agrees to comply with this chapter. In return, the department authorizes the village, city or county to enforce, on behalf of the department, s.
254.47, Stats., and subch.
VII of ch. 254, Stats., and related administrative rules.
DHS 192.04(4)(a)(a) Dependent on local ordinance. The implementation of the agent agreement shall be contingent on the village, city or county adopting an ordinance that incorporates the department's rules by reference or an ordinance that consists of requirements which are at least as stringent as those in the department's rules and do not conflict with those rules. Nothing in this chapter shall prevent a village, city or county from adopting more stringent requirements.
DHS 192.04(4)(b)
(b) Agent authority and responsibility. Upon both parties signing the agent agreement, the agent shall have the authority and responsibility to enforce provisions of s.
254.47, Stats., and subch.
VII of ch. 254, Stats., and related administrative rules.
DHS 192.04(4)(c)1.1. Upon execution of an agent agreement, the department shall discontinue all permit issuance and enforcement activities under s.
254.47, Stats., and subch.
VII of ch. 254, Stats., in the area of the agent's jurisdiction for the period of the agreement, except as provided in
s. DHS 192.07 (4) and s.
254.69 (2) (h), Stats.
DHS 192.04(4)(d)
(d) Duration and amendment. An agent agreement shall continue in effect until terminated by the agent or terminated, suspended or revoked by the department pursuant to
s. DHS 192.11. An agent agreement may be amended by the written agreement of both parties.
DHS 192.04(4)(e)
(e) Permit issuance and inspection. The agent shall issue permits to facilities and make investigations and inspections of facilities as specified in the agent agreement.
DHS 192.04 History
History: Cr.
Register, January, 1988, No. 385, eff. 2-1-88; corrections made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1995, No. 476.
DHS 192.05(1)(1)
Hiring criteria. The agent's inspection staff shall meet hiring criteria set forth in local ordinances and personnel policies and the educational or experience requirements established for sanitarian registration under
chs. SPS 174 to
177.
DHS 192.05(2)
(2) Registered sanitarian. Inspections shall be made by a sanitarian registered under
chs. SPS 174 to
177 or by a person supervised by a Wisconsin registered sanitarian. The person making inspections shall be working to obtain registration under
chs. SPS 174 to
177 if he or she is not already a registered sanitarian.
