1. Commercially bottled drinking water.
2. An enclosed vehicular water tank;
3. Other methods approved by the department or its agent.
(e) Private well water testing; bacteriological. 1. The operator shall have bacteriological analysis performed for total coliform and Escherichia coli consistent with approved testing methods pursuant to s. ATCP 77.02 (3). Pf 2. Total coliform and Escherichia coli analysis shall not exceed zero colony forming units pursuant to s. NR 140.10. P (f) Private well water testing; nitrates. 1. The operator shall conduct nitrate analysis consistent with approved testing methods pursuant to s. NR 149.41. Pf 2. The analysis of the nitrate concentration in the well water shall not exceed 10 milligrams per liter (mg/L) pursuant to s. NR 140.10. P 3. If the analysis of the nitrate concentration in the well water is between 10 and 20 mg/L, the operator shall post P:
a. Drinking water advisory signage, as provided by the department or its agent.
b. In all areas where drinking water can normally be obtained.
4. If the analysis of the nitrate concentration in the well water exceeds 20 mg/L, it is considered an unsafe potable water source and shall follow the requirements under par. (h) 3. P
(g) Private well water testing; frequency, location, approved methods, and notification.
1. The operator shall test the water from a private well at least once every 12 months. Pf
2. The water sample shall be obtained from a faucet regularly used by tourists or transients.
3. Private well water testing shall be performed by a Wisconsin department of natural resources drinking water certified laboratory.
4. The department or its agent shall be notified when:
a. The bacteriological test results for Escherichia coli or total coliform exceed zero colony forming units as specified in par. (e) 2. P
b. The nitrate test results exceed 10 mg/L as specified in par. (f) 2. P
Note: Bottles for collection of water samples may be obtained by writing to the Wisconsin state laboratory of hygiene, 2601 Agriculture Drive, Madison, WI 53708 or by calling (800) 442-4618.
(h) Unsafe potable water. The operator shall:
1. Discontinue the use of a private water system when bacteriological analysis under par. (e) 2. confirms the presence of Escherichia coli. P
2. Restrict the use of a private water system for drinking water when bacteriological analysis under par. (e) 2., is total coliform is positive on 3 consecutive well water samples and provide an approved water source as required under par. (i). P
3. Restrict the use of a private water system for drinking water and food preparation when nitrate levels exceed the requirements under par. (f) 4. and provide an approved water source as required under par. (i). P
4. If required to restrict the use of the private water system under subd 2. or 3., the operator shall post signage indicating the water is unsafe for human consumption. Pf
(i) Alternatives to a restricted-use water supply. As required under subd. 2. and 3., potable drinking water shall be provided from any of the following sources:
1. Commercially sealed water jugs or commercially sealed bottled water provided to the guest upon check-in. P
2. Obtained from or contracted with a licensed water distribution service pursuant to ch. ATCP 70. P (3) WATERBORNE DISEASES. (a) Department notification. The operator shall contact the department or its agent for operational and testing guidance when notified of a suspected waterborne illness.
(b) Suspected waterborne outbreak investigation. Pursuant to s. ATCP 72.09 (1) (a), as part of the investigation or inspection, the department or its agent may secure water samples for analysis. (c) Confirmed waterborne outbreak. A lodging facility that has waterborne illness outbreak, as confirmed through laboratory analysis, shall complete all of the following:
1.
Prevent continued exposure by implementing any of the following methods:a.
Immediately discontinue public access to affected fixtures, equipment, and areas. Pb.
Install point of use water treatment filters. Pc.
Other safeguards approved by the department. Pd.
A combination of subdpar a., b., or c. P2.
Develop a written remediation plan that includes all of the following P:a.
Identify the source of the waterborne pathogen. Pfb.
Identify the locations affected by the waterborne pathogen. Pf c.
The method that will be used to remove the pathogen from locations identified in subdpar. a. and b. Pf3.
Execute the remediation plan. P4.
Collect post-remediation samples at least 48 hours after the execution of the remediation plan for locations identified under subd 2. a. and b. P5.
Obtain approval from the department or its agent to resume normal operations in affected areas. P6.
If the confirmed waterborne outbreak is associated with Legionella spp., the operator, in addition to the requirements in par. (c), shall complete all of the following: a. Notify incoming guests and staff about possible exposure to Legionella and symptoms of legionellosis until the operator has received approval from the department or its agent to resume normal operations. Pf
b.
Notify guests from the previous 14 calendar days of the confirmed waterborne outbreak in writing as approved by the department about possible exposure to Legionella and symptoms of legionellosis. Pfc.
Develop and implement a water management program as approved by the department. PNote: Resources for developing a water management plan include ANSI/ASHRAE standard 188 Legionellosis: Risk Management for Building Water Systems or the United States centers for disease control and prevention toolkit: Developing a Legionella Water Management Program.
d.
Sampling validation shall be conducted at an Environmental Legionella Isolation Techniques Evaluation certified laboratory in accordance with the frequency established for sampling under subdpar. c. PfNote: Laboratories can test their Legionella isolation techniques against standardized samples through the Environmental Legionella Isolation Techniques Evaluation Program. Participating labs receive a panel of lyophilized test samples twice each year from the Wisconsin State Laboratory of Hygiene. Some of the test samples are Legionella positive and some are Legionella negative. The test samples may also include other organisms commonly found in water. Participating labs process the test samples and report their results. Those labs that correctly identify Legionella in 2 consecutive panels receive documentation for passing the proficiency test.
(4) PLUMBING. (a) General. All lodging facilities shall meet Wisconsin building code pursuant to chs. 101 and 145, Stats., and chs. SPS 300-399 as enforced by the Wisconsin department of safety and professional services. (b) Backflow prevention. A backflow or backsiphonage prevention device shall be installed on plumbing fixtures where the potential for contamination of the potable water supply exists. P
Note: Examples include mop sinks and chemical dispensing devices.
(c) Air gap. When an air gap is required, the distance of the air gap shall be at least twice the diameter of the water or waste piping. P
Note: An example includes a hotel ice dispenser where the required air gap is between the ice making water drain line or ice bin drain line and the floor drain.
ATCP 72.17 Sewage disposal system. (1) SEWAGE. All lodging facilities shall meet Wisconsin building code pursuant to chs. 101 and 145, Stats., and chs. SPS 300-399 as enforced by the Wisconsin department of safety and professional services. (2) DISCHARGE. Sewage, including all liquid and water-carried wastes from plumbing fixtures shall discharge into a public sewer or POWTS. P
(3) POWTS DISPOSAL. (a) Designed, constructed and operated. Any POWTS system used by a lodging facility under this chapter shall be located, designed, constructed and operated in accordance with state uniform plumbing code as enforced by the Wisconsin department of safety and professional services.
(b) POWTS access cover. The operator shall ensure that an access opening cover to a POWTS is locked or secured to prevent general access by the public, except for inspection, evaluation, maintenance, or servicing purposes. P
(4) FAILED SEWAGE DISPOSAL SYSTEM. A non-functional public sewer or a failing POWTS, as determined by the Wisconsin department of safety and professional services or the local government authority, shall be brought into compliance, replaced or its use discontinued. P
(5) TOILET FACILITIES. (a) Private fixtures. Except as specified in par. (b), an individually keyed unit shall provide a minimum of one toilet, one sink located in or adjacent to the toilet room, and a shower or bathtub.
(b) Shared fixtures. 1. A hostel or an existing lodging facility that does not meet the requirements under par. (a) shall provide a minimum of one toilet, one sink located in or adjacent to the toilet room, and a shower or bathtub for every 10 tourist or transients or fraction thereof.
2. All toilet stalls or rooms shall be provided with a privacy lock.
3. In an owner-occupied lodging facility, the owner or operator shall have their own toilet facility separate from a toilet facility provided to the tourist or transient.
(c) Alternatives to water-carried waste. Portable toilets, composting toilet systems, incinerating toilets, and privies, shall comply with the requirements for alternatives to water-carried waste plumbing fixtures as enforced by the Wisconsin department of safety and professional services or the local government authority.
Note: For more information regarding alternatives to water-carried waste plumbing fixtures, see ch. SPS 391. (d) Soap and towels. Each toilet room shall be provided with soap, hand towels, or other approved means of drying hands, and an adequate supply of toilet paper, upon guest arrival. Pf
(e) Waste receptacle. Each toilet room shall be provided with a waste receptacle.
(f) Slip-resistant flooring in showers and bathtubs. Slip-resistant flooring or materials shall be provided in all shower and bathtub basins. P
Note: Examples of slip-resistant flooring or materials include, grouted tile, anti-slip tape, bathmat, or textured surface.
ATCP 72.18 Building structure and safety. (1) GENERAL a. Wisconsin building code. All lodging facilities shall meet the Wisconsin building code pursuant to chs. 101 and 145, Stats., and chs. SPS 300-399 as enforced by the Wisconsin department of safety and professional services. b. Department specific health and safety standards for lodging facilities. All lodging facilities shall meet the minimum health and safety standards in subs. (2) to (11).
Note: Sub. (b) refers to the minimum health and safety standards that need to be met to operate a lodging facility. Please consult with other local or State government agencies as additional or stricter requirements may apply.
(2) SLIPS, TRIPS AND FALLS. Except as specified under par. (c), lodging facilities shall meet all of the following:
(a) Handrails.
1. At least one handrail shall be provided for a flight of stairs with more than 3 risers. Pf
2. The height of the handrail shall be between 30 to 38 inches measured vertically from the nose of the tread to the top of the handrail. Pf
(b) Guards.
1. Guards shall be provided on all open sides of stairs consisting of more than 3 risers. Pf
2. All elevated surfaces in interior and exterior areas of a lodging facility shall be provided with guards on all open sides that are elevated more than 30 inches above the floor or grade, including lofts, open sides of landings, platforms, decks, balconies or porches that are attached to the lodging facility. Pf
3. The space between guards shall be equal to or less than 6 inches. Pf
4. Guard height shall be equal to or greater than 36 inches, except that guards may be less than 36 inches when terminating at the underside of the stair handrail under par. (a) 2. Pf
(c) Exemptions. Requirements under par. (a) and (b), do not apply to window wells, egress wells, retaining walls, other landscaping features or detached walkways or stairs, landings, platforms, decks, balconies or porches that are not attached to the lodging facility.
(3) SLEEPING ROOMS. (a) Ceiling height. 1. Except as specified under subd. 2., every sleeping room shall have a minimum ceiling height of 7 feet (2.13 m).
2. Sleeping rooms may have a ceiling height of less than 7 feet provided at least 50 percent of the room's floor area has a ceiling height of at least 7 feet. Any area with a ceiling height of less than 5 feet may be ignored in this calculation.
(b) Spacing and number of occupants in a sleeping room. 1. Beds shall be arranged to provide an aisle at least 3 feet in width from one side of each bed to create a clear path for emergency egress. Pf
2. The number of occupants per bed shall not exceed the following:
a. No more than one occupant for a mattress width of 50 inches or less. Pf
