Chapter ATCP 72

Chapter ATCP 72

HOTELS, MOTELS, AND TOURIST ROOMING HOUSES

Subchapter I — Definitions, Authority and Purpose

ATCP 72.01   Authority and purpose.

ATCP 72.02   Scope.

ATCP 72.025   Variances.

ATCP 72.03   Definitions.

Subchapter II — Licensing and Fees

ATCP 72.04   License holder qualifications.

ATCP 72.05   License holder responsibilities.

ATCP 72.06   Plan review.

ATCP 72.07   Licenses.

ATCP 72.08   Department fees.

Subchapter III — Enforcement and Appeals

ATCP 72.09   Enforcement.

ATCP 72.10   Suspension or revocation of license.

ATCP 72.11   Appeals of actions by the department.

ATCP 72.12   Appeals of actions by agent health departments.

Subchapter IV — Standards for a Lodging Facility

ATCP 72.13   Qualifications of an authorized representative conducting inspections.

ATCP 72.14   Inspections.

Subchapter V — General Provisions

ATCP 72.15   Health and safety standard.

ATCP 72.16   Water supply; water systems and plumbing.

ATCP 72.17   Sewage disposal system.

ATCP 72.18   Building structure and safety.

ATCP 72.19   Building and premises maintenance.

ATCP 72.20   Furnishings, equipment and utensils.

ATCP 72.21   Food.

ATCP 72.22   Employee health.

ATCP 72.23   Garbage and refuse.

ATCP 72.24   Registration of guests.

ATCP 72.25   Death, injury, or illness reports.

ATCP 72.26   Closing criteria.

Subchapter VI — Specialty Lodging

ATCP 72.27   Exemptions.

ATCP 72.28   Prohibitions.

ATCP 72.29   General provisions.

---

Ch. ATCP 72 Note Note: Chapter HSS 195 as it existed on June 30, 1985, was repealed and a new chapter HSS 195 was created effective July 1, 1985.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, under s. 13.92 (4) (b) 1., Stats., and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 195 was renumbered chapter ATCP 72 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726. Chapter ATCP 72 as it existed on January 24, 2026, was repealed and a new chapter ATCP 72 was created effective January 25, 2026.

subch. I of ch. ATCP 72 Subchapter I — Definitions, Authority and Purpose

ATCP 72.01 ATCP 72.01 Authority and purpose. This chapter is promulgated under the authority of ss. 97.605 (1) (c) and (d), 97.613, 97.615 (2) (b), 97.62, and 97.625 (1) (b), Stats., for the department and its agents to prescribe rules for a lodging facility and to enforce these rules to protect public health and safety.

ATCP 72.01 History History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26.

ATCP 72.02 ATCP 72.02 Scope. This chapter applies to the license holder of any lodging facility and to the department and its agents.

ATCP 72.02 History History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26.

ATCP 72.025 ATCP 72.025 Variances. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular lodging facility, the department may approve a variance from that provision requested by that operator if the operator provides the department with satisfactory proof that the approval of the variance will not jeopardize the public’s health, safety, or welfare.

ATCP 72.025(1) (1) Procedure for a variance request.

ATCP 72.025(1)(a) (a) Application. A request for modification or waiver of a requirement of this chapter shall be submitted in writing to the department or its agent having jurisdiction along with documentation specified in par. (e).

ATCP 72.025(1)(b) (b) Local review. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval.

ATCP 72.025(1)(c) (c) Department action on a variance. On receipt of a complete variance request as specified in this section, the department shall review the request and grant or deny the request in writing within 30 business days. A variance approved by the department shall expire 5 years from the date of issuance or for an experimental or trial purpose, a period of time as determined by the department, not to exceed 5 years.

ATCP 72.025(1)(d) (d) Records. The department or its agent shall maintain a copy of the variance in the establishment’s inspection history file.

ATCP 72.025(1)(e) (e) Application contents. Documentation requesting a proposed variance from the requirements of this chapter shall include the following:

ATCP 72.025(1)(e)1. 1. A statement of the proposed variance from a requirement of this chapter, citing the relevant chapter section numbers.

ATCP 72.025(1)(e)2. 2. The rationale for how the potential public health hazards and nuisances addressed by the relevant chapter section will be alternatively addressed by the proposed variance.

ATCP 72.025(2) (2) Conformance with an approved variance. If the department grants a variance as specified in sub. (1), the license holder shall meet all of the following requirements:

ATCP 72.025(2)(a) (a) Conditions. Comply with the department’s conditions for the variance approval.

ATCP 72.025(2)(b) (b) Records. Maintain a copy of the approved variance at the lodging facility.

ATCP 72.025(3) (3) Reissuance.