ATCP 72.08 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.08 Register June 2016 No. 726; correction in (1) (a), (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1) (a), (e), (3) Register January 2020 No. 769, eff. 2-1-20; correction in (1) (a), (e) Register January 2020 No. 769. ATCP 72.09ATCP 72.09 Appeals of actions by agent health departments. If an agent issues a license under this chapter, the agent shall create enforcement and appeal procedures under ss. 66.0417 and 97.615 (2) (g), Stats. ATCP 72.10ATCP 72.10 Water supply and waste disposal. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(6)(a)(a) Private fixtures. All toilet facilities in conjunction with each guest room shall include a toilet, lavatory, and shower or bathtub. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(6)(d)(d) Soap and towels. Soap, single-service towels, or other approved means of drying hands shall be provided in each toilet room. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(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. ATCP 72.10(8)(c)(c) The use of wooden or paper containers for garbage is prohibited. ATCP 72.10(8)(d)(d) Separate fly-tight containers with covers shall be provided for cans, bottles and other rubbish. ATCP 72.10 HistoryHistory: 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; renum. from DHS 195.10 Register June 2016 No. 726. ATCP 72.11ATCP 72.11 Furnishings, equipment and utensils. ATCP 72.11(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. ATCP 72.11(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. ATCP 72.11(3)(a)(a) Whenever multi-use glasses, ice buckets or other utensils are provided for a guest, the items shall be washed, rinsed and sanitized in an approved manner before being provided for use by a different guest. Utensils, when furnished, shall be free of cracks or chips. The food-content surfaces shall be smooth, nontoxic, corrosion-resistant, nonabsorbent, and easily accessible for cleaning. ATCP 72.11(4)(a)(a) After cleaning and until use, all glasses and other utensils shall be stored and handled in a manner that protects them from contamination. ATCP 72.11(4)(b)(b) Glasses in guest rooms shall be stored in single-service containers or dispensed by means of a dispenser approved by the department. ATCP 72.11(5)(5) Cleanliness of linens. Pillowslips, sheets, towels and washcloths shall be washed as frequently as they are assigned to a different guest and at least once a week. Blankets, spreads, mattresses, and pillows shall be kept clean and free of insect infestation. The use of quilts and comforters which are not machine washable is not permitted. Sheets shall be of sufficient size to cover the bed and have a fold-back over the blanket of at least 12 inches (30.5 cm). Soiled linen shall be kept in washable containers used for this purpose exclusively. Every mattress shall be covered with a pad to protect the mattress, and the mattress and pad shall be maintained clean and in good repair. ATCP 72.11(6)(6) Cleanliness and repair of equipment and furnishings. All equipment and furnishings shall be kept clean, free from odor, and in good repair. ATCP 72.11 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; am. (5), Register, May, 1989, No. 401, eff. 6-1-89; CR 08-073: renum. from HFS 195.06 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.11 Register June 2016 No. 726. ATCP 72.12(1)(1) License. Any hotel, motel, or tourist rooming house operator who prepares, sells or serves lunches or meals shall meet the requirements of subch. III of ch. ATCP 75 and obtain a retail food establishment - restaurant license. ATCP 72.12 NoteNote: Effective 7-1-16, pursuant to 2015 Wis. Act 55, the restaurant permit referenced in this subsection is a retail food establishment license. To obtain a copy of the application form for the license, call (608) 224-4923 or send an e-mail to datcpdfslicensing@wi.gov. ATCP 72.12(2)(2) Ice. All ice used in a hotel, motel, or tourist rooming house for cooling drinks or food by direct contact shall be made from a public water supply or an approved private water supply. All ice-making machines shall have tight-fitting doors which are kept closed between service. New or replacement ice-making machines or bins shall be of the mechanical dispensing type unless ice is dispensed by an employee. Ice tongs or ice scoops shall be used in handling ice used for cooling beverages or food and shall be properly protected against contamination when stored. All ice shall be stored and served in a smooth-surfaced, easily-cleanable container. Packaged ice shall be stored in a clean area and protected against contamination. ATCP 72.12 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 195.07 Register January 2009 No. 637, eff. 2-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; renum. from DHS 195.12, am. (1) Register June 2016 No. 726; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (2) made under s. 35.17, Stats., Register June 2016 No. 726; CR 18-019: am. (1) Register January 2020 No. 769, eff. 2-1-20. ATCP 72.13ATCP 72.13 Employee health. Persons who have a communicable disease shall refrain from working in a hotel, motel, or tourist rooming house. No operator may employ any person suspected of having a communicable disease. ATCP 72.13 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 195.08 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.13 Register June 2016 No. 726. ATCP 72.14ATCP 72.14 Building structure and safety. ATCP 72.14(1)(1) State building code. All hotels, motels, and tourist rooming houses shall comply with the state commercial building code, chs. SPS 361 to 365. The department shall enforce the rules of chs. SPS 361 to 365 relating to fire safety, including but not limited to rules on isolation of fire hazards, fire escapes, fire exits, fire extinguishers, fire alarm systems, smoke detectors, exit lights, space heaters, ventilation, and directions of escape. ATCP 72.14(2)(a)(a) Ventilation with gas space heaters. Any room where a gas space heater is located shall have access to a constant supply of fresh air through a permanent opening which shall not be closed. The size of the opening shall be minimum of 10 square inches (65 square cm) and at least one square inch for each 1,000 BTU per hour of the rated heating capacity of the heater, or be so constructed that the air used in the combustion of the fuel is taken directly from the outside. ATCP 72.14(2)(b)(b) Size of sleeping rooms. Every sleeping room shall be of sufficient size to afford at least 400 cubic feet (12 cu m) of air space for each occupant over 12 years of age and 200 cubic feet (6 cu m) for each occupant 12 years and under. Every sleeping room shall have a minimum ceiling height of 7 feet (2.13 m). No greater number of sleeping occupants than the number established by application of these standards is permitted in any sleeping room. ATCP 72.14(2)(c)(c) Smoke detection. Each cabin or cottage shall be provided with at least one approved, listed and labeled smoke detector located in a manner consistent with the manufacturer’s recommendations. ATCP 72.14(2)(d)(d) Door locks. Doors to all sleeping rooms, cabins and cottages shall be provided with facilities for key locking from the outside and non-key locking from the inside. ATCP 72.14(2)(e)(e) Window screens. All windows that can be opened in sleeping rooms shall be screened, using 16 mesh or finer material. If sleeping rooms are not effectively air-conditioned, doors opening to the outside shall be similarly screened. ATCP 72.14 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1998, No. 512; corrections in (1) were made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557; CR 08-073: renum. from HFS 195.09 Register January 2009 No. 637, eff. 2-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 195.14 Register June 2016 No. 726. ATCP 72.145(1)(1) Purpose. The purpose of this section is to implement the requirements of s. 97.625 (1) (am) and (1g), Stats., with respect to facilities in a manner consistent with the standards in s. 101.149, Stats., and ss. SPS 321.097 and 362.0915. ATCP 72.145 NoteNote: Section 97.625 (1) (am), Stats., was repealed by 2017 a. 330. ATCP 72.145(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 362.0915. ATCP 72.145(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. ATCP 72.145(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. 97.625 (1) (am) and 101.149 (5) (c), Stats. ATCP 72.145 NoteNote: Sections 97.625 (1) (am) and 101.149 (5) (c), Stats., were repealed by 2017 a. 330. ATCP 72.145(2)(d)(d) “Listed” means equipment that is tested by an independent testing agency and accepted by the department of safety and professional services. ATCP 72.145(2)(e)(e) “Residential building” means a facility’s building, any part of which is offered for pay as sleeping or lodging accommodations to tourists or transients. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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. It includes, but is not limited to, an individually rented room or suite of rooms in a hotel or an individually rented tourist cabin or cottage. ATCP 72.145(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): ATCP 72.145(3)(a)1.1. In the basement of the building if the basement has a fuel-burning appliance. ATCP 72.145(3)(a)2.2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(4)(4) Maintenance requirements. The operator shall maintain carbon monoxide detectors in compliance with the requirements of s. 101.149 (3), Stats., as follows: ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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. ATCP 72.145(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, which were submitted before October 1, 2008, provided the building does not have an attached garage and any one of the following circumstances applies:
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