Register January 2012 No. 673
Chapter DHS 195
HOTELS, MOTELS AND TOURIST ROOMING HOUSES
DHS 195.01   Authority and purpose.
DHS 195.02   Scope of rules.
DHS 195.03   Definitions.
DHS 195.04   Permits.
DHS 195.05   Department fees.
DHS 195.06   Enforcement.
DHS 195.07   Suspension or revocation of permit.
DHS 195.08   Appeals of actions by the department.
DHS 195.09   Appeals of actions by agent health departments.
DHS 195.10   Water supply and waste disposal.
DHS 195.11   Furnishings, equipment and utensils.
DHS 195.12   Food.
DHS 195.13   Employee health.
DHS 195.14   Building structure and safety.
DHS 195.145   Carbon monoxide detectors.
DHS 195.15   Maintenance.
DHS 195.16   Registration of guests.
Ch. DHS 195 Note Note: Chapter HSS 195 as it existed on June 30, 1985, was repealed and a new chapter HSS 195 was created effective July 1, 1985. Chapter HSS 195 was renumbered chapter HFS 195 under s. 13.93 (2m) (b) 1., Stats., corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 493. Chapter HFS 195 was renumbered chapter DHS 195 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 195.01 DHS 195.01 Authority and purpose. Section 254.74, 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.
DHS 195.01 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1995, No. 469; CR 08-073: renum. from HFS 195.01 Register January 2009 No. 637, eff. 2-1-09.
DHS 195.02 DHS 195.02 Scope of rules.
DHS 195.02(1)(1) Applicability. The provisions of this chapter apply to the operator of any hotel, motel or tourist rooming house.
DHS 195.02(2) (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.
DHS 195.02 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 195.02 Register January 2009 No. 637, eff. 2-1-09.
DHS 195.03 DHS 195.03 Definitions. In this chapter:
DHS 195.03(1) (1) "Agent" means the city or county designated by the department to issue permits to and make investigations or inspections of hotels, motels or tourist rooming houses.
DHS 195.03(2) (2) "Approved" means acceptable to the department, based on its determination of conformance with this chapter and good public health practices.
DHS 195.03(3) (3) "Communicable disease" has the meaning prescribed in s. DHS 145.03 (4).
DHS 195.03(4) (4) "Department" means the department of health services.
DHS 195.03(5) (5) "Easily cleanable" means readily accessible and made of a kind of material and finish and so fabricated that residue may be completely removed by normal cleaning methods.
DHS 195.03(6) (6) "Employee" means any person working in a hotel, motel or tourist rooming house.
DHS 195.03(7) (7) "Equipment" means, in connection with the operation of a hotel, motel or tourist rooming house, stoves, ranges, hoods, counters, refrigerators, ice-making machines, sinks and similar appliances and other items used to prepare or hold foods or to clean utensils.
DHS 195.03(8) (8) "Existing", in reference to a hotel, motel or tourist rooming house, means operating with a permit from the department before the adoption of this chapter.
DHS 195.03(9) (9) "Facility" means a hotel, motel or tourist rooming house.
DHS 195.03(10) (10) "Furnishings" means, in connection with the operation of a hotel, motel or tourist rooming house, 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.
DHS 195.03(11) (11) "Hotel" means a place where sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all related rooms, buildings and areas.
DHS 195.03(12) (12) "Motel" means a hotel that furnishes on-premise parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a "motel" rather than a"hotel" at the request of the operator.
DHS 195.03(13) (13) "New", in reference to a hotel, motel or tourist rooming house, means operating with a permit from the department for the first time on or after the effective date of this chapter.
DHS 195.03(14) (14) "Operator" means the person legally responsible for the operation of the hotel, motel or tourist rooming house.
DHS 195.03(15) (15) "Person" means an individual, partnership, association, firm, company, corporation, municipality, county or town, whether tenant, owner, lessee, licensee, or the agent, heir or assignee of any of these.
DHS 195.03(16) (16) "Premises" means the tract of land on which a hotel, motel or tourist rooming house is located and all associated buildings on that land.
DHS 195.03(17) (17) "Privy" means a structure not connected to a plumbing system, which is used by persons for the disposal of human body wastes.
DHS 195.03(18) (18) "Sleeping accommodations offered for pay" means all sleeping rooms on the premises including quarters occupied by permanent guests but excluding sleeping rooms occupied by the operator or owner or his or her immediate family.
DHS 195.03(19) (19) "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.
DHS 195.03(20) (20) "Tourist rooming house" means all lodging places and tourist cabins and cottages, other than hotels and motels, in which sleeping accommodations are offered for pay to tourists or transients. It does not include private boarding or rooming houses not accommodating tourists or transients, or bed and breakfast establishments regulated under ch. DHS 197.
DHS 195.03(21) (21) "Utensil" means any kitchenware, tableware, glassware, cutlery, container or similar item with which food or drink comes into contact during storage, preparation or serving.
DHS 195.03 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; am. (19), Register, November, 1986, No. 371, eff. 12-1-86; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557; CR 08-073: renum. from HFS 195.03 and am. (4) Register January 2009 No. 637, eff. 2-1-09; corrections in (3) and (20) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637.
DHS 195.04 DHS 195.04 Permits.
DHS 195.04(1)(1) Permit required.
DHS 195.04(1)(a)(a) No hotel, motel or tourist rooming house may be opened to the public until the operator of the facility has obtained a permit from the department or its agent by submitting an application under sub. (4) and paying the applicable fee specified in s. DHS 195.05. A separate permit is required for each hotel, motel or tourist rooming house.
DHS 195.04(1)(b) (b) If any permit 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 permit 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 permit.
DHS 195.04(2) (2)Permit duration and renewal.
DHS 195.04(2)(a)(a) Each permit issued under this chapter expires on June 30, except that a permit initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.
DHS 195.04(2)(b) (b) Each permit shall be renewed annually as provided in sub. (4) (b).
DHS 195.04(3) (3)Transferability of permits. An individual may transfer a permit to an immediate family member, as defined in s. 254.64 (4) (a) 2., Stats., if the individual is transferring operation of the hotel, motel or tourist rooming house. A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit to the newly formed business entity or sole proprietorship if the hotel, motel or tourist rooming house remains at the location for which the permit was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity. Except as provided in this subsection, no permit issued under this chapter is transferable from one premise to another or from one person or entity to another.
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