2011 - 2012 LEGISLATURE
October 24, 2011 - Introduced by Representatives Endsley, Spanbauer, Thiesfeldt,
Ringhand and Van Roy, cosponsored by Senators Leibham, Grothman and
Holperin. Referred to Committee on Housing.
AB335,1,4
1An Act to repeal 254.61 (1) (f) and 254.74 (1m); and
to amend 101.63 (1) (b) and
2254.61 (1) (intro.) and (a) to (e) of the statutes;
relating to: changing the
3definition of and the applicability of one-family and two-family dwelling rules
4to a bed and breakfast.
Analysis by the Legislative Reference Bureau
Under current law, no person may maintain, manage, or operate a bed and
breakfast for more than ten nights in a year without obtaining a permit from the
Department of Health Services (DHS). A bed and breakfast is defined as any place
of lodging that provides eight or fewer rooms for rent to no more than 20 individuals;
provides no meals other than breakfast, which must be provided only to renters; is
the owner's personal residence and is occupied by the owner at the time of rental; was
originally built and occupied as a single-family residence, or was converted to use
and occupied as a single-family residence, before use as a place of lodging; and has
had completed, before May 11, 1990, any structural additions to the dimensions of
the original structure, including by renovation. The limitation on structural
additions does not apply, under current law, to a structural addition, made to a
structure that was originally constructed at least 50 years before a permit
application was made and for which no use other than as a bed and breakfast is
proposed as long as the addition complies with the rules for one-family and
two-family dwelling construction and inspection, or to a structural addition made
to a structure after May 11, 1990, that is within the dimensions of the original
structure. Current law requires that bed and breakfasts be operated and maintained
with strict regard to public health and safety and requires bed and breakfasts to
comply with rules relating to public health and safety, as prescribed by DHS. The
rules DHS prescribes for public health and safety in bed and breakfasts must be less
stringent than similar rules for other establishments, such as hotels and
restaurants, and cannot require a second exit from a floor above the first floor of the
bed and breakfast. Bed and breakfasts are subject to laws similar to other
establishments, including requiring a preinspection by DHS or a local health
department before a permit to operate is issued. This bill changes the definition of
a bed and breakfast to eliminate the requirement that a bed and breakfast has had
completed, before May 11, 1990, any structural additions to the dimensions of the
original structure.
Under current law, the one-family and two-family dwelling construction and
inspection rules do not apply to bed and breakfasts, except that the rules do apply
to the third-floor level of a bed and breakfast that uses that level other than as
storage and to a structural addition that is made to a structure that was originally
constructed at least 50 years before applying for a permit from DHS to operate the
bed and breakfast and for which no use other than as a bed and breakfast is proposed.
Under this bill, the one-family and two-family dwelling construction and inspection
rules apply to a structural addition made to a bed and breakfast that alters the
dimensions of the structure instead of applying only to additions to structures that
are at least 50 years old before the permit application to DHS is made.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB335, s. 1
1Section
1. 101.63 (1) (b) of the statutes is amended to read:
AB335,2,42
101.63
(1) (b) A structural addition that is
specified under s. 254.61 (1) (f) 2.
3made to a bed and breakfast establishment that alters the dimensions of the
4structure.
AB335, s. 2
5Section
2. 254.61 (1) (intro.) and (a) to (e) of the statutes are amended to read:
AB335,2,76
254.61
(1) (intro.) "Bed and breakfast establishment" means any place of
7lodging that
satisfies all of the following:
AB335,2,98
(a) Provides 8 or fewer rooms for rent to no more than a total of 20 tourists or
9transients
;.
AB335,3,2
1(b) Provides no meals other than breakfast and provides the breakfast only to
2renters of the place
;.
AB335,3,33
(c) Is the owner's personal residence
;.
AB335,3,44
(d) Is occupied by the owner at the time of rental
;.
AB335,3,75
(e) Was originally built and occupied as a single-family residence, or, prior to
6use as a place of lodging, was converted to use and occupied as a single-family
7residence
; and.
AB335, s. 3
8Section
3. 254.61 (1) (f) of the statutes is repealed.
AB335, s. 4
9Section
4. 254.74 (1m) of the statutes is repealed.
AB335,3,1211
(1)
The treatment of section 101.63 (1) (b) of the statutes first applies to
12structural additions proposed on the effective date of this subsection.
