Statement of Scope
Department of Agriculture, Trade and Consumer Protection
Rule No.: | Wis. Admin. Code Chapter ATCP 72 |
Relating to: | Hotels, Motels, and Tourist Rooming Houses |
1. Finding/nature of emergency (Emergency Rule only):
Not Applicable
2. Detailed description of the objective of the proposed rule:
The objectives of the proposed rule under consideration include:
a) Consider expanding definitions of terms used in Wis. Admin. Code ch. ATCP 72 to provide clarity, removing definitions not used, and adding new definitions. b) Consider further clarification of the differences between a tourist rooming house and a hotel or motel.
c) Consider adding additional licensing categories and modifying requirements for specialty lodging where basic amenities are not typically provided and special considerations for temporary special event lodging opportunities.
d) Consider an alternate inspection frequency for tourist rooming houses.
e) Consider including a testing frequency for safe potable water at facilities served by a private well.
f) Consider adding nitrate testing as part of the annual water sampling for private wells.
g) Consider removing outdated carbon monoxide alarm installation and maintenance requirements and update to reflect current standards as set forth in Wis. Stat. § 101.149. h) Consider removing outdated smoke alarm installation and maintenance requirements and update to reflect current standards as set forth in Wis. Stat. § 101.145. i) Consider determining department responsibility with respect to the department of safety and professional services in regards to building construction and fire detection, protection, and suppression.
j) Consider addressing department specific language for health and safety features related to slip, trip, and fall hazards commonly found in hotels, motels, and tourist rooming houses.
k) Consider modeling International Building Code standards or other state regulations impacting hotels, motels, and tourist rooming houses, to provide greater clarity on non-gender specific toilet rooms.
l) Consider addressing emerging communicable diseases and other threats to safety. The department will consider including appropriate definitions and provisions to support lodging facilities in addressing emerging pathogens and other new threats.
m) Consider addressing pests of public health significance, such as bed bugs. Consider including action steps and enforcement procedures to be followed when pests are found.
n) Consider addressing an alternative licensing fee schedule based on the program risks, facilities, and activities that more fairly aligns the lodging complexity with the appropriate licensing fee.
o) Consider adjusting fees to incorporate the additional costs of the department to perform inspections, licensing, and investigations.
p) Consider adding requirements for reporting illnesses, injuries, and accidents that require an emergency medical service response. This data will assist in designing effective outreach and meaningful interventions and the data collected may help support future rule development.
q) Consider incorporating criticality methodology throughout the rule. This risk based methodology seeks to identify those provisions that are more critical for protecting public health and to designate the risk level of hazards. This method provides clarity to industry by identifying those provisions which are more likely to cause illness or injury, and supports a risk-based inspection approach.
3. Description of the existing policies relevant to the rule, new policies proposed to be included in the rule, and an analysis of policy alternatives:
Existing policies relevant to the rule:
Consider incorporating the department’s interpretations and clarifications into rule:
— Lodging inspection guidance for inspection staff related to building issues
— Licensing of rental units in condos
— Dead end hallways in pre-1942 structures
— Determining how sleeping rooms are calculated for licensing
— Hot water requirements at sinks
— Sanitizing ice buckets
— License requirements
— Response to complaints or discovery of bed bugs in lodging enforcement
— Water sampling
— Well construction violations at tourist rooming houses
— Sanitizing utensils at licensed lodging establishments
— Jetted tub cleaning procedures
Policy alternatives
The alternative to updating the rule would be to continue as is, attempting to continue to apply the existing rule to new methods, innovations, and trends not currently addressed or permitted under the existing rule. Industry groups and associations would find this alternative undesirable as they are eager for the rule be updated to reflect current industry best practices and trends. Furthermore, the department would need to devote the additional time and resources towards resolving the confusion that impedes implementation of the existing code (consultation, staff training and special workshops for industry).
4. Detailed explanation of statutory authority for the rule (including the statutory citation and language):
Section 93.07 (1), Stats., gives the department the ability to promulgate regulations. Section 97.605, Stats., lodging and vending license requirements. Section 97.613, Stats., fees for lodging establishments.
