DHS 197.03(2)
(2) "Approved" means acceptable to the department, based on its determination of conformance to this chapter and good public health practices.
DHS 197.03(3)
(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.
DHS 197.03(4)
(4) "Department" means the department of health services.
DHS 197.03(5)
(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.
DHS 197.03(6)
(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 (aw) value of 0.85 or less.
DHS 197.03(7)
(7) "Premises means the tract of land on which the bed and breakfast establishment is located.
DHS 197.03(7m)
(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.
DHS 197.03(8)
(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.
DHS 197.03 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; am. (3), cr. (7m),
Register, November, 1986, No. 371, eff. 12-1-86;
CR 08-073: renum. from HFS 197.03 and am. (4)
Register January 2009 No. 637, eff. 2-1-09.
DHS 197.04(1)(a)(a) No bed and breakfast establishment may be opened to the public until the operator of the bed and breakfast establishment 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 197.05. A separate permit is required for each bed and breakfast establishment.
DHS 197.04(1)(b)
(b) A new initial permit is required if a permit holder sells or otherwise transfers ownership or operation of a bed and breakfast establishment to another person, except as provided in
sub. (3).
DHS 197.04(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 197.04(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 bed and breakfast establishment. 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 bed and breakfast establishment 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.
DHS 197.04 Note
Note: Under s.
254.64 (4) (a) 2., Stats., "Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under ss.
254.64 (4) (a) 1. and
179.70 (1), Stats., a "business entity" means: a corporation, as defined in s.
180.0103 (5), Stats., a limited liability company, as defined in s.
183.0102 (10), Stats., a limited partnership, or a corporation, as defined in s.
181.0103 (5), Stats., a foreign limited liability company, as defined in s.
183.0102 (8), Stats., a foreign limited partnership, a foreign corporation, as defined in s.
180.0103 (9), Stats., or a foreign corporation, as defined in s.
181.0103 (13), Stats.
DHS 197.04(4)(a)(a)
Initial permit. Application for an initial or new permit shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following:
DHS 197.04(4)(a)2.
2. Documentation that the department of safety and professional services has approved plans and specifications for the bed and breakfast, if required.
DHS 197.04(4)(a)3.
3. Information, as determined by the department or its agent, indicating that the bed and breakfast establishment will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the bed and breakfast establishment that will protect the health, safety, and welfare of the public.
DHS 197.04 Note
Note: To obtain a copy of the application form for a permit to operate a bed and breakfast establishment or to determine which agent to contact for an application form, write or phone: Bureau of Environmental and Occupational Health (BEOH), P.O. Box 2659, Madison, Wisconsin 53701-2659 (608-266-2835). You may also contact the BEOH at
www.dhs.wi.gov/fsrl.
DHS 197.04(4)(b)
(b)
Renewal permit. To renew the permit of the bed and breakfast establishment, the operator shall pay the department, the applicable establishment permit fee specified under
s. DHS 197.05 before the permit expires. If the payment to renew the permit of a bread and breakfast establishment is not made to the department before the expiration date of the establishment permit, the late fee specified under
s. DHS 197.05 shall be paid in addition to the permit fee.
DHS 197.04 Note
Note: Local health departments that are agents for the department have authority under s.
254.69 (2) (d), Stats., to establish and collect fees for permits issued by the local health department. If your establishment was permitted by a local health department, contact the local health department for its permit fee schedule.
DHS 197.04(5)(a)(a) The department or its agent shall issue or deny a permit within 30 days after receiving a complete application, all applicable fees, and the other information required under
sub. (4).
DHS 197.04(5)(b)
(b) Except as provided in ss.
250.041 and
254.115, Stats., the initial issuance, renewal or continued validity of a permit issued under this subsection may be conditioned upon the requirement that the permit holder correct a violation of this chapter, ss.
254.61 to
254.88, Stats., or ordinances adopted under s.
254.69 (2) (g), Stats., within a period of time specified. If the condition is not met within the specified time or after an extension of time approved by the department, the permit is void. No person may operate a bed and breakfast establishment after a permit has been voided under this paragraph, and any person who does so shall be subject to the penalties under s.
254.88, Stats. An owner whose permit is voided under this paragraph may appeal the decision under
s. DHS 197.08.
DHS 197.04(5)(c)
(c) The department or its agent may refuse to issue or renew a permit to operate a bed and breakfast establishment under any of the following circumstances:
DHS 197.04(5)(c)1.
1. The department or its agent has not conducted a preinspection of the bed and breakfast establishment for which an initial or new permit is required under
sub. (1).
DHS 197.04(5)(c)2.
2. The owner of a bed and breakfast establishment has not corrected a condition for which the department or agent has issued a written health or safety–related order.
DHS 197.04(5)(c)3.
3. All applicable fees under
s. DHS 197.05 have not been paid, including the permit fee, preinspection fee, reinspection fee, or other applicable fees.
DHS 197.04(5)(c)4.
4. The owner has modified, repaired or maintained the bed and breakfast establishment in a manner that is not in accordance with what the department recognizes as safe practice as outlined in this chapter.
DHS 197.04(5)(c)5.
5. The owner, applicant, or permit holder has failed to provide the department or its agent with information required under
sub. (4).
DHS 197.04(5)(c)6.
6. The owner or applicant has violated
ch. 254, Stats., this chapter, or any order, ordinance, or regulation created by a village, city, county, or local board of health having jurisdiction, provided such violation is related to the operation of the bed and breakfast establishment.
DHS 197.04(5)(d)
(d) If the department or its agent denies an application for a permit, the applicant shall be given reasons, in writing, for the denial and information regarding appeal rights under
s. DHS 197.08.
DHS 197.04(6)
(6) Voided permit for failure to pay fees. If an applicant or owner fails to pay all applicable fees, late fees and processing charges under
s. DHS 197.05 within 15 days after the applicant or owner receives notice of an insufficiency under
s. DHS 197.05, or within 45 days after the expiration of the permit, whichever occurs first, the permit is void. An owner whose permit is voided under this subsection may appeal the decision under
s. DHS 197.08. In an appeal concerning a voided permit under this subsection, the burden is on the permit applicant or owner to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the bed and breakfast establishment is deemed to be operation without a permit and is subject to the fees under
s. DHS 197.05 (2) in addition to the fees otherwise due, unless the applicant or owner meets its burden of proof under this subsection.
DHS 197.04(7)
(7) Permit posting. A current permit issued by the department shall be posted in a place visible to the public. A permit may not be altered or defaced.
DHS 197.04 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85; emerg. am. (1), cr. (1m), eff. 7-1-94; am. (1), cr. (1m),
Register, January, 1995, No. 469; emerg. am. (1m), eff. 7-1-96; am. (1m),
Register, January, 1997, No. 493, eff. 2-1-97; am. (1m), cr. (1m) (e),
Register, August, 1998, No. 512, eff. 9-1-98;
CR 01-016: am. (1m) (a) and (d) and r. (1m) (e)
Register May 2002 No. 557, eff. 6-1-02;
CR 08-073: renum. from HFS 197.04, r. and recr.
Register January 2009 No. 637, eff. 2-1-09;
correction in (4) (a) 2. made under s.
13.92 (4) (b) 6., Stats.,
Register January 2012 No. 673.
DHS 197.05(1)(1)
Fee schedules. The fees listed in Table DHS 197.05 A shall apply to permits issued from April 1, 2009 through March 31, 2011. The fees listed in Table DHS 197.05 B shall apply to permits issued on or after April 1, 2011.
DHS 197.05 Note
Note: Local health departments that are agents for the department have authority under s.
254.69 (2) (d), Stats., to establish and collect fees for permits issued by the local health department. If your establishment was permitted by a local health department, contact the local health department for its permit fee schedule.
DHS 197.05(2)(a)(a)
Preinspection fee. The owner of a bed and breakfast establishment shall, pursuant to
sub. (1), pay the applicable preinspection fee listed in Table DHS 197.05 A or B to the department before an initial or new permit is issued under
s. DHS 197.04.
DHS 197.05(2)(b)
(b)
Permit fee. The owner of a bed and breakfast establishment shall, pursuant to
sub. (1), pay the applicable permit fee listed in Table DHS 197.05 A or B to the department for each bed and breakfast establishment that the operator applies for a permit to operate under
s. DHS 197.04 (1) or
(2).
DHS 197.05(2)(c)
(c)
Late fee. If the permit fee for a permit renewal is not paid before the expiration date of the permit, the owner of the bed and breakfast establishment shall pay to the department a late fee of $85.00 in addition to the renewal permit fee.
DHS 197.05(2)(d)
(d)
Reinspection fee. If the department conducts a reinspection of a bed and breakfast establishment under
s. DHS 197.06 (1) (b) 1. and
2., the owner shall, pursuant to s.
sub. (1), pay to the department the applicable reinspection fee listed in Table DHS 197.05 A or B. The department shall assess an additional fee as specified in Table DHS 197.05 A or B, whichever is applicable, for any additional reinspection conducted under
s. DHS 197.06 (1) (b) 4.
DHS 197.05(2)(e)
(e)
Fees for operating without a permit. Any bed and breakfast establishment 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 197.04 (6).
DHS 197.05 Note
Note: Anyone operating a bed and breakfast establishment 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 197.05(2)(f)
(f)
Duplicate permit. The department shall charge the operator of a bed and breakfast establishment $15 for a duplicate permit.
DHS 197.05(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 departments shall charge the operator or the entity requesting the inspection or consultation $175.00.
DHS 197.05(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 owner 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.
-
See PDF for table 
-
See PDF for table DHS 197.05 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 197.06(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 bed and breakfast establishment at any reasonable time, for any of the following purposes:
DHS 197.06(1)(a)5.
5. To examine and copy relevant documents and records provided such information is related to the operation of the bed and breakfast establishment.
DHS 197.06(1)(a)6.
6. To obtain photographic or other evidence needed to enforce this chapter.
DHS 197.06(1)(b)1.1. The department or its agent may reinspect a bed and breakfast establishment 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 bed and breakfast establishment.
DHS 197.06(1)(b)2.
2. A reinspection shall be scheduled to allow the owner a reasonably sufficient time to correct the deficiencies.
DHS 197.06(1)(b)3.
3. A reinspection fee shall be charged for the reinspection according to Table DHS 197.05 A or B, or applicable charges as determined by an agent of the department.
DHS 197.06(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 owner an additional fee as specified in Table DHS 197.05 A or B as authorized under
s. DHS 197.05 (2) (d), and the department may order the owner to show just cause why the permit should not be suspended or revoked under
s. DHS 197.07.
DHS 197.06(2)(a)(a) If upon inspection of a bed and breakfast establishment, the department or agent finds that the bed and breakfast establishment 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 197.06(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 197.07 to suspend or revoke the permit to operate the bed and breakfast establishment.
DHS 197.06(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 him or her. A person may appeal a forfeiture under
s. DHS 197.08.
DHS 197.06(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 197.06(3)(a)1.
1. Prohibit the continued operation or method of operation of specific equipment.
DHS 197.06(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 197.06(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 197.06(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 197.06(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 197.08. The notice shall include a statement that the facility has a right to request a hearing under
s. DHS 197.08 within 15 days after issuance of the notice.
DHS 197.06(3)(d)
(d) Any person who fails to comply with a temporary order issued by the department shall forfeit $10 for each day of noncompliance after the order is served upon or directed to him or her and, 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. A person may appeal a forfeiture under
s. DHS 197.08.
DHS 197.06 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 197.07
DHS 197.07
Suspension or revocation of permit. The department may, after a hearing under
s. DHS 197.08, suspend or revoke a permit for violation of ss.
254.61 to
254.88, 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 197.08 (1).
DHS 197.07 History
History: CR 08-073: cr.
Register January 2009 No. 637, eff. 2-1-09.
DHS 197.08
DHS 197.08
Appeals of actions by the department. DHS 197.08(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 197.06 (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 197.08(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 197.08(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.
