DHS 197.145(2)(a)
(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
362.1200.
DHS 197.145(2)(b)
(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.
DHS 197.145(2)(c)
(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
254.74 (1) (am), Stats.
DHS 197.145(2)(d)
(d) "Listed" means equipment that is tested by an independent testing agency and accepted by the department of safety and professional services.
DHS 197.145(2)(e)
(e) "Residential building" means a bed and breakfast establishment.
DHS 197.145(2)(f)
(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.
DHS 197.145(2)(g)
(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.
DHS 197.145(2)(h)
(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."
DHS 197.145(3)(a)
(a) Except as provided in
par. (b) or in
sub. (6), the operator shall install a carbon monoxide detector in each residential building in all of the following places not later than the date specified under
par. (c):
DHS 197.145(3)(a)1.
1. In the basement of the building if the basement has a fuel-burning appliance.
DHS 197.145(3)(a)2.
2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance.
DHS 197.145(3)(a)3.
3. Within 15 feet of each sleeping area of a unit that is immediately adjacent to a unit, located on the same floor level, that has a fuel-burning appliance.
DHS 197.145(3)(a)4.
4. In each room that has a fuel-burning appliance and that is not used as a sleeping area, not more than 75 feet from the fuel-burning appliance.
DHS 197.145(3)(a)5.
5. In each hallway leading from a unit that has a fuel-burning appliance, in a location that is within 75 feet from the unit, measured from the door of the unit along the hallway leading from the unit, except that, if there is no electrical outlet within this distance, the operator shall place the carbon monoxide detector at the closest available electrical outlet in the hallway.
DHS 197.145(3)(b)
(b) If a unit is not part of a multiunit building, the operator need not install more than one carbon monoxide detector in the unit.
DHS 197.145(3)(c)1.1. Except as provided under
subd. 2., the operator shall comply with the requirements of this subsection before a residential building is occupied.
DHS 197.145(3)(c)2.
2. The operator shall comply with the requirements of this subsection not later than April 1, 2010, if construction of the residential building was initiated before October 1, 2008, or if the department of safety and professional services approved the plans for the construction of the building under s.
101.12, Stats., before October 1, 2008.
DHS 197.145(3)(d)
(d) A carbon monoxide detector shall conform to UL 2034 and shall be listed and labeled identifying conformance to UL 2034. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall conform to UL 2075 and shall be listed and labeled identifying conformance to UL 2075.
DHS 197.145(3)(e)
(e) The operator shall install every carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector.
DHS 197.145(4)
(4) Maintenance requirements. The operator shall maintain carbon monoxide detectors in compliance with the requirements of s.
101.149 (3), Stats., as follows:
DHS 197.145(4)(a)
(a) The operator shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector.
DHS 197.145(4)(b)
(b) An occupant of a unit in a residential building may give the operator written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The operator shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice.
DHS 197.145(5)
(5) Tampering prohibited. Pursuant to s.
101.149 (4), Stats., no person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.
DHS 197.145(6)
(6) Exception to installation requirements. The installation of carbon monoxide detectors is not required in a residential building if construction of the building was initiated before October 1, 2008, or if the department of safety and professional services approved the plans for the construction of the building under s.
101.12, Stats., and
s. SPS 361.30, provided the building does not have an attached garage and any one of the following circumstances applies:
DHS 197.145(6)(b)
(b) All of the fuel-burning appliances in the building are of a sealed-combustion type and are covered by the manufacturers' warranties against defects.
DHS 197.145(6)(c)
(c) All the fuel-burning appliances in the building are of a sealed-combustion type and are inspected in accordance with
sub. (7) or
(8) (b).
DHS 197.145(7)(a)(a) The operator shall arrange for the inspection of every sealed combustion appliance and the vents and chimneys serving the appliances in any residential building where a carbon monoxide detector has not been installed.
DHS 197.145(7)(b)
(b) The inspection of a sealed combustion appliance, vents and chimneys shall satisfy the following requirements:
DHS 197.145(7)(b)1.
1. The inspection of the sealed combustion appliance, vents and chimneys shall be for the purpose of determining carbon monoxide emission levels.
DHS 197.145(7)(b)3.
3. The inspection shall be performed by an individual who holds certification issued under
s. SPS 305.71 as an HVAC qualifier.
DHS 197.145(7)(b)4.
4. If upon inspection the carbon monoxide emissions from a fuel burning appliance, vent or chimney are not within the manufacturer's specifications, the appliance may not be operated until it is repaired. If the appliance is repaired, it shall be inspected again before it is used.
DHS 197.145(7)(b)5.
5. The individual inspecting the sealed combustion appliance shall prepare a written, dated, and signed report identifying the level of carbon monoxide emissions and certifying whether or not carbon monoxide emissions are within the manufacturer's specifications, which the operator shall retain for review by the department or its agent.
DHS 197.145(8)(a)(a) The department or its agent shall conduct regular inspections of facilities to ensure compliance with s.
101.149 (2) and
(3), Stats., and this section.
DHS 197.145(8)(b)
(b) If, upon inspection, the department or its agent determines that a sealed combustion appliance has not been inspected and certified as meeting the manufacturer's specifications for carbon monoxide emissions, as required under
sub. (7), the department or agent shall order the operator to have an inspection conducted within 30 days. If the department or its agent has not received an inspection report as required under
sub. (7) (b) 5. within 30 days, the department or agent shall arrange for an inspection agent to conduct an inspection that satisfies the requirements under
sub. (7) (b), and the operator shall pay all of the costs associated with the inspection.
DHS 197.145(8)(c)
(c) Pursuant to s.
101.149 (8) (a), Stats., if the department determines after an inspection of a residential building that the operator has violated the installation requirements under
sub. (3) or the maintenance requirements under
sub. (4), the department shall issue an order requiring the operator to correct the violation within 5 days or within such shorter period as the department determines is necessary to protect public health and safety. As required under s.
101.149 (8) (a), Stats., if the operator does not correct the violation within the time required, the operator shall forfeit $50 for each day of violation occurring after the date on which the department finds that the violation was not corrected. Pursuant to s.
101.149 (8) (b), Stats., if a person is charged with more than one violation of
sub. (3) or
(4) arising out of an inspection of a single residential building, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture.
DHS 197.145 History
History: EmR1004: emerg. cr. eff. 4-1-10;
CR 10-015: cr.
Register August 2010 No. 656, eff. 9-1-10; corrections in (1), (2) (a), (c), (d), (3) (intro.), (c) 2., (f), (6) (intro.), (7) (b) 3. made under s.
13.92 (4) (b) 6.,
7., Stats.,
Register January 2012 No. 673.
DHS 197.15(1)(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.
DHS 197.15(2)
(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.
DHS 197.15(3)
(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.
DHS 197.15(4)
(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.
DHS 197.15 History
History: Cr.
Register, June, 1985, No. 354, eff. 7-1-85;
CR 08-073: renum. from HFS 197.10
Register January 2009 No. 637, eff. 2-1-09.
