DHS 195.04 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; emerg. am. (1), cr. (1m), eff. 9-1-94; am. (1), cr. (1m),
Register, January, 1995, No. 469, eff. 2-1-95; emerg. r. (1m) (a) 2., renum. (1m) (a) 3. and am., am. (1m) (b) to (d), eff. 7-1-96; r. (1m) (a) 2., renum. (1m) (a) 3. to be (1m) (a) 2. and am., am. (1m) (b) to (d),
Register, January, 1997, No. 493, eff. 2-1-97; am. (1m) (a) to (c), (1m) (d) 1., renum. (1m) (d) 1., cr. (1m) (d) 1. a. to c., 2. and (3),
Register, August, 1998, No. 512, eff. 9-1-98;
CR 01-016: am. (1m) (a) 2., (d) 1., r. (1m) (e)
Register May 2002 No. 557, eff. 6-1-02;
CR 08-073: renum. from HFS 195.04, r. and recr.
Register January 2009 No. 637, eff. 2-1-09; corrections in (4) (b) and (6) made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 195.05(1)(1)
Fee schedules. The fees listed in Table DHS 195.05 A shall apply to permits issued from April 1, 2009 through March 31, 2011. The fees listed in Table DHS 195.05 B shall apply to permits issued on or after April 1, 2011.
DHS 195.05(2)(a)(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 DHS 195.05 A or B to the department before an initial or new permit is issued under
s. DHS 195.04.
DHS 195.05(2)(b)
(b)
Permit fee. The operator of a hotel, motel or tourist rooming house shall, pursuant to
sub. (1), pay the applicable permit fee listed in Table DHS 195.05 A or B to the department for each hotel, motel or tourist rooming house that the operator applies for a permit to operate under
s. DHS 195.04 (1) or
(2).
DHS 195.05(2)(c)
(c)
Late fee. If the permit fee for a permit renewal is not paid before the expiration date of the permit, 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 permit fee.
DHS 195.05(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of a hotel, motel or tourist rooming house under
s. DHS 195.06 (1) (b), the operator shall, pursuant to
sub. (1), pay to the department the applicable reinspection fee listed in Table DHS 195.05 A or B. The department shall assess an additional reinspection fee as listed in Table DHS 195.05 (1) A or B, whichever is applicable, for any additional reinspection conducted under
s. DHS 195.06 (1) (b) 4.
DHS 195.05(2)(e)
(e)
Fees for operating without a permit. Any hotel, motel or tourist rooming house found to be operating without a permit shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under
s. DHS 195.04 (6).
DHS 195.05 Note
Note: Anyone operating a hotel, motel or tourist rooming house without a permit is also subject to a fine of not less than $100 nor more than $1,000 under s.
254.88, Stats.
DHS 195.05(2)(f)
(f)
Duplicate permit. The department shall charge the operator of a hotel, motel or tourist rooming house $15 for a duplicate permit.
DHS 195.05(2)(g)
(g)
Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's permitting and licensing responsibilities, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.
DHS 195.05(3)
(3) Method of payment. If the payment for an initial or renewal permit is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under
sub. (1) and the financial institution's processing charges by cashier's check or other certified draft, money order, or cash.
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See PDF for table 
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See PDF for table DHS 195.05 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 195.06(1)(a)(a)
Inspections. Under ss.
254.69 (2) and
254.85 (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:
DHS 195.06(1)(a)5.
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.
DHS 195.06(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 195.06(1)(b)1.1. The department or its agent may reinspect a hotel, motel or tourist rooming house whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the hotel, motel or tourist rooming house.
DHS 195.06(1)(b)2.
2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.
DHS 195.06(1)(b)3.
3. The reinspection fee under Table DHS 195.05 A or B or applicable charges as determined by an agent of the department shall be charged for the reinspection.
DHS 195.06(1)(b)4.
4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the operator an additional reinspection fee according to Table DHS 195.05 and the department may order the operator to show just cause why the permit should not be suspended or revoked under
s. DHS 195.07.
DHS 195.06(2)(a)(a) If upon inspection of a hotel, motel or tourist rooming house, the department or agent finds that the hotel, motel or tourist rooming house is not designed, constructed, equipped or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.
DHS 195.06(2)(b)
(b) If the order to correct violations is not carried out by the expiration of the time period stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under
s. DHS 195.07 to suspend or revoke the permit to operate the hotel, motel or tourist rooming house.
DHS 195.06(2)(c)
(c) Under s.
254.88, Stats., any person who fails to comply with an order of the department shall forfeit $50 for each day of noncompliance after the order is served upon or directed to that person. A forfeiture may be appealed under
s. DHS 195.08.
DHS 195.06(3)(a)(a) As provided in s.
254.85, Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under
sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:
DHS 195.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 195.06(3)(a)2.
2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.
DHS 195.06(3)(b)1.1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in
par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be re-issued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.
DHS 195.06(3)(b)2.
2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in
subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.
DHS 195.06(3)(c)
(c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in
par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under
s. DHS 195.08. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 195.08 within 15 days after issuance of the notice.
DHS 195.06(3)(d)
(d) Under s.
254.85 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both.
DHS 195.06 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 195.07
DHS 195.07
Suspension or revocation of permit. The department may, after a hearing under
s. DHS 195.08, suspend or revoke a permit for violation of s.
254.64, 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. DHS 195.08 (1).
DHS 195.07 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09; corrections made under s.
13.92 (4) (b) 7., Stats.,
Register January 2009 No. 637.
DHS 195.08
DHS 195.08
Appeals of actions by the department. DHS 195.08(1)(a)
(a) Except as provided in
sub. (2) or
(3), a request for a hearing for denial of a permit, a voided permit, suspension, revocation, forfeiture, or an order given under
s. DHS 195.06 (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.
DHS 195.08(1)(b)
(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.
DHS 195.08(1)(c)
(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.
DHS 195.08(1)(d)
(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.
DHS 195.08 Note
Note: A request for hearing can be submitted by mail or hand-delivered to the Division of Hearings and Appeals, at 5005 University Ave., Room 201, Madison, WI 53705-5400, or faxed to the Division at (608) 264-9885.
DHS 195.08(1)(e)
(e) As a condition for requesting a hearing under this subsection to appeal the voiding of a permit, an applicant or operator shall comply with
sub. (3). In an appeal concerning voiding a permit, the burden is on the applicant or operator to show that the entire applicable fees, late fees and processing charges have been paid.
DHS 195.08(2)
(2) A request for hearing on a temporary order given by the department under
s. DHS 195.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s.
227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health:
DHS 195.08(2)(b)
(b) Changes in or cessations of any operation or method of operation of the equipment or premises.
DHS 195.08 Note
Note: A request for a hearing under sub. (2) may be submitted by mail or hand-delivered to the Department of Health Services, at 1 W. Wilson St., Room 650, P.O. Box 7850, Madison, WI, 53707-7850, or faxed to the Department at (608) 266-7882. The hearing may be conducted by the department secretary, the secretary's designee, or a hearing examiner under s.
227.43 (1) (bu), Stats.
DHS 195.08(3)
(3) If the department voids a permit under
s. DHS 195.04 (6), the operator shall submit, within 15 days after receipt of the notice of the department's action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department.
DHS 195.08 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 195.09
DHS 195.09
Appeals of actions by agent health departments. If an agent issues a permit under this chapter, the agent shall create enforcement and appeal procedures under ss.
66.0417 and
254.69 (2) (g), Stats.
DHS 195.09 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 195.10
DHS 195.10
Water supply and waste disposal. DHS 195.10(1)(1)
Service availability. The requirements covering water supply and sewage disposal facilities for all hotels, motels and tourist rooming houses are based upon the availability of public utilities as well as the practicability of connection to public utilities.
DHS 195.10(2)
(2) Public utilities. If an approved public water supply and approved public sewerage facilities are available to the premises of a hotel, motel or tourist rooming house, connection and use are required.
DHS 195.10(3)
(3) Private wells. A private well is permitted as a source of water when a public water facility is not available to the premises. The well shall be located on the premises and be constructed and the pump installed in accordance with
ch. NR 812, rules of the department of natural resources governing well drilling and pump installation. Whenever safe water cannot be obtained consistently from a well constructed in apparent compliance with
ch. NR 812, as evidenced by laboratory reports, the well shall be reconstructed or a new well constructed in accordance with
ch. NR 812 except that if the reconstruction or new construction is determined to be impractical or is found to be ineffective, the use of the well shall be discontinued and water shall be transported on a temporary basis from a source and in a manner approved by the department.
DHS 195.10(4)
(4) Plumbing. All plumbing and fixtures shall meet the requirements contained in
ch. SPS 382 and shall be maintained in good repair and in a sanitary condition.
DHS 195.10(5)(a)(a) A private sewage disposal system as defined in s.
145.01 (12), Stats., is permitted when a public sewer facility is not available to the premises. The system shall be located on the premises and shall be designed, constructed and operated in accordance with
chs. SPS 382 and
383 and s.
145.245, Stats.
DHS 195.10(5)(b)
(b) Failed on-site private waste disposal systems shall be replaced or rehabilitated. A failed system has the meaning prescribed for "failing private sewage system" in s.
145.245 (4), Stats.
DHS 195.10(5)(c)
(c) Plans and installation details covering the design and construction, alteration or extension of private sewage disposal systems shall receive the approval of the department of safety and professional services or its designated agent prior to the construction, alteration or extension of the systems.
DHS 195.10(5)(d)
(d) All plumbing fixtures shall be connected to the building drainage system with discharge to a public sewer or private sewage disposal system.
DHS 195.10(5)(e)
(e) Privies are only acceptable at existing hotels, motels and tourist rooming houses. They shall be constructed in accordance with the applicable requirements of
s. SPS 362.2900 and
ch. SPS 391 and shall be approved by the department. When a new operator takes over the management of a hotel, motel or tourist rooming house, privies shall be eliminated.
DHS 195.10(6)(a)(a) Private fixtures. All toilet facilities in conjunction with each guest room shall include a toilet, lavatory and shower or bathtub.
DHS 195.10(6)(b)1.1. All hotels and motels, all new tourist rooming houses and all existing tourist rooming houses changing ownership, which do not have a toilet, lavatory and shower or bathtub in conjunction with each guest room, shall have separate toilet facilities for each sex, except that one toilet, lavatory and shower or bathtub is acceptable in cabins or cottages rented to family units. One toilet, lavatory and shower or bathtub shall be provided for every 10 persons or fraction thereof of each sex accommodated.
DHS 195.10(6)(b)2.
2. Existing tourist rooming houses which are not undergoing a change in ownership and do not have toilet facilities in each guest room shall provide at least one toilet, lavatory and shower or bathtub for use by guests.
DHS 195.10(6)(c)
(c) Water. Hot and cold water under pressure shall be available at all sinks and other washing facilities in all employee, public and guest's toilet rooms.
DHS 195.10(6)(d)
(d) Soap and towels. Soap, single-service towels, or other approved means of drying hands shall be provided in each toilet room.
DHS 195.10(6)(e)
(e) Room designations. The door leading into each toilet room shall be marked to identify whether it is for men or women. Words such as "men" or "women" shall be in letters not less than one inch high. Symbols may be used in place of words.
DHS 195.10(7)
(7) Drinking water. All hotels, motels and tourist rooming houses which do not provide drinking water in the guest rooms shall be equipped with at least one drinking fountain or water cooler of an approved type so placed that it is available at all times to the guests. If drinking cups are used, they shall be single-service items and shall be dispensed by means of an approved dispenser which protects the interior and lip contact surfaces from dust and handling.
DHS 195.10(8)(a)(a) All garbage not disposed of through a garbage disposal unit connected to the sewerage system shall be kept in separate, leakproof, nonabsorbent containers equipped with tightfitting covers, unless otherwise protected from rodents, flies and insects. The contents shall be disposed of as often as necessary to prevent decomposition or overflow.
DHS 195.10(8)(b)
(b) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food preparation areas.
DHS 195.10(8)(c)
(c) The use of wooden or paper containers for garbage is prohibited.
DHS 195.10(8)(d)
(d) Separate fly-tight containers with covers shall be provided for cans, bottles and other rubbish.
DHS 195.10 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats.,
Register, January, 1995, No. 469; correction in (5) (e) made under s. 13.93 (2m) (b) 7., Stats.,
Register, August, 1998, No. 512; corrections in (5) (c) and (e) made under s. 13.93 (2m) (b) 6. and 7., Stats.,
Register May 2002 No. 557;
CR 08-073: renum. from HFS 195.05
Register January 2009 No. 637, eff. 2-1-09; corrections in (4), (5) (a), (c), (e) made under s. 13.92 (4) (b) 6., 7., Stats.,
Register January 2012 No. 673.
DHS 195.11
DHS 195.11
Furnishings, equipment and utensils. DHS 195.11(1)(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.
DHS 195.11(2)
(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.
