2015 Wisconsin Act 55

(2) Agents designated by the department under s. 254.69 97.615 (1) shall make preinspections pre-licensing inspections of vending machine commissaries as required under this subsection and shall be reimbursed for those services at the rate of 80% of the preinspection pre-licensing inspection fee designated in this subsection. Agents designated by the department under s. 254.69 97.615 (2) shall make preinspections pre-licensing inspections of hotels, restaurants and tourist rooming houses and establish and collect preinspection pre-licensing inspection fees under s. 254.69 97.615 (2) (d).

55,4082 Section 4082. 254.66 of the statutes is renumbered 97.307 and amended to read:

97.307 Average annual surveys. The department or a local health department granted agent status under s. 254.69 (2) 97.41 shall annually make a number of inspections of restaurants in this state that shall equal the number of restaurants for which annual permits licenses are issued under s. 254.64 (1) (a) 97.30.

55,4083 Section 4083. 254.67 of the statutes is renumbered 97.61.

55,4084 Section 4084. 254.68 of the statutes is renumbered 97.613 and amended to read:

97.613 Fees. Except as provided in s. 254.69 97.615 (2) (d) and (e), the department shall promulgate rules that establish, for permits licenses issued under s. 254.64, permit 97.605, license fees, preinspection pre-licensing inspection fees, reinspection fees, fees for operating without a permit license, late fees for untimely permit renewal, fees for comparable compliance or variance requests, and fees for pre-permit pre-license review of restaurant plans.

55,4085 Section 4085. 254.69 of the statutes is renumbered 97.615, and 97.615 (2) (title), (am), (b), (c), (d), (dm), (e), (f), (g), (h) and (j) 1. and 2., as renumbered, are amended to read:

97.615 (2) (title) Hotels, restaurants, tourist rooming houses, and other establishments. (am) In the administration of this subchapter or s. 254.47 97.67, the department may enter into a written agreement with a local health department with a jurisdictional area that has a population greater than 5,000, which designates the local health department as the department's agent in issuing permits licenses to and making investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps, and public swimming pools. In a jurisdictional area of a local health department without agent status, the department of health services may issue permits licenses, collect fees established by rule under s. 254.68 97.613 and make investigations or inspections of hotels, restaurants, temporary restaurants, tourist rooming houses, bed and breakfast establishments, campgrounds and camping resorts, recreational and educational camps, and public swimming pools. If the department designates a local health department as its agent, the department or local health department may require no permit license for the same operations other than the permit license issued by the local health department under this subsection. The department shall coordinate oversee the designation of agents under this subsection with the department of agriculture, trade and consumer protection to ensure that, to the extent feasible, the same local health department is granted agent status under this subsection and under s. 97.41. Except as otherwise provided by the department, a local health department granted agent status shall regulate all types of establishments for which this subchapter permits the department of health services to delegate regulatory authority.

(b) A local health department granted agent status under this subsection shall meet standards promulgated, by rule, by the department of health services. The department shall annually evaluate the licensing, investigation and inspection program of each local health department granted agent status. If, at any time, a local health department granted agent status fails to meet the standards, the department of health services agriculture, trade and consumer protection may revoke its agent status.

(c) The department shall provide education and training to agents designated under this subsection to ensure uniformity in the enforcement of this subchapter, s. 254.47 97.67 and rules promulgated under this subchapter and s. 254.47 97.67.

(d) Except as provided in par. (dm), a local health department granted agent status under this subsection shall establish and collect the permit license fee for each type of establishment specified in par. (am). The local health department may establish separate fees for preinspections pre-licensing inspections of new establishments, for preinspections pre-licensing inspections of existing establishments for which a person intends to be the new operator or for the issuance of duplicate permits licenses. No fee may exceed the local health department's reasonable costs of issuing permits licenses to, making investigations and inspections of, and providing education, training and technical assistance to the establishments, plus the state fee established under par. (e). A local health department granted agent status under this subsection or under s. 97.41 may issue a single permit license and establish and collect a single fee which authorizes the operation on the same premises of more than one type of establishment for which it is granted agent status under this subsection or under s. 97.41.

(dm) A local health department granted agent status under this subsection may contract with the department of health services for the department of health services to collect fees and issue permits licenses. The department shall collect from the local health department the actual and reasonable cost of providing the services.

(e) The department shall establish state fees for its costs related to setting standards under this subchapter and s. 254.47 97.67 and monitoring and evaluating the activities of, and providing education and training to, agent local health departments. Agent local health departments shall include the state fees in the permit license fees established under par. (d), collect the state fees and reimburse the department for the state fees collected. For each type of establishment specified in par. (am), the state fee may not exceed 20% of the permit license fees charged under ss. 254.47 97.67 and 254.68 97.613.

(f) If, under this subsection, a local health department becomes an agent or its agent status is discontinued during a permittee's permit licensee's license year, the department of health services and the local health department shall divide any permit license fee paid by the permittee licensee for that permit license year according to the proportions of the permit license year occurring before and after the local health department's agent status is granted or discontinued. No additional fee may be required during the permit license year due to the change in agent status.

(g) A village, city or county may adopt ordinances and a local board of health may adopt regulations regarding the permittees licensees and premises for which the local health department is the designated agent under this subsection, which are stricter than this subchapter, s. 254.47 97.67, or rules promulgated by the department of health services under this subchapter or s. 254.47 97.67. No such provision may conflict with this subchapter or with department rules.

(h) This subsection does not limit the authority of the department to inspect hotels, tourist rooming houses, bed and breakfast establishments, or vending machine commissaries in jurisdictional areas of local health departments where agent status is granted if it inspects in response to an emergency, for the purpose of monitoring and evaluating the local health department's licensing, inspection and enforcement program or at the request of the local health department.

(j) 1. A permit license fee established by a local health department granted agent status exceeds the reasonable costs described under par. (d).

2. The person issuing, refusing to issue, suspending or revoking a permit license or making an investigation or inspection of the appellant has a financial interest in a regulated establishment specified in par. (am) which may interfere with his or her ability to properly take that action.

55,4086 Section 4086. 254.70 of the statutes is renumbered 97.617 and amended to read:

97.617 Application; lodging and vending. (1) An applicant for a permit license under this subchapter shall complete the application prepared by the department or the local health department granted agent status under s. 254.69 97.615 (2) and provide, in writing, any additional information the department of health services agriculture, trade and consumer protection or local health department issuing the permit license requires.

(2) Upon receipt of an application for a vending machine operator permit license, the department may cause an investigation to be made of the applicant's commissary, servicing and transport facilities, if any, and representative machines and machine locations. The operator shall maintain at his or her place of business within this state a list of all vending machines operated by him or her and their location. This information shall be kept current and shall be made available to the department upon request. The operator shall notify the department of any change in operations involving new types of vending machines or conversion of existing machines to dispense products other than those for which such machine was originally designed and constructed.

55,4087 Section 4087. 254.71 of the statutes is renumbered 97.33, and 97.33 (2), (3), (5) and (6) (c), as renumbered, are amended to read:

97.33 (2) Except as provided in s. 250.041 93.135, the department may issue a certificate of food protection practices to an individual who satisfactorily completes an approved examination or who has achieved comparable compliance.

(3) Each certificate is valid for 5 years from the date of issuance and, except as provided in s. 250.041 93.135, may be renewed by the certificate holder if he or she satisfactorily completes an approved examination.

(5) The department shall conduct evaluations of the effect that the food protection practices certification program has on compliance by restaurants with requirements established under s. 254.74 (1) 97.30 (5).

(6) (c) Establishing procedures for issuance, except as provided in s. 250.041 93.135, of certificates of food protection practices, including application submittal and review.

55,4088 Section 4088. 254.715 of the statutes is renumbered 97.305.

55,4089 Section 4089. 254.72 of the statutes is renumbered 97.62 and amended to read:

97.62 Health and safety; standard. Every hotel, tourist rooming house, bed and breakfast establishment, restaurant, temporary restaurant, vending machine commissary and vending machine shall be operated and maintained with a strict regard to the public health and safety and in conformity with this subchapter and the rules and orders of the department.

55,4090 Section 4090. 254.73 of the statutes is renumbered 97.623.

55,4091 Section 4091. 254.74 of the statutes is renumbered 97.625, and 97.625 (1) (a), (am), (b), (d) and (e), (1p) (a) (intro.) and 2. and (b) and (2), as renumbered, are amended to read:

97.625 (1) (a) Administer and enforce this subchapter, the rules promulgated under this subchapter and any other rules or laws relating to the public health and safety in hotels, tourist rooming houses, bed and breakfast establishments, restaurants, vending machine commissaries, vending machines and vending machine locations.

(am) Promulgate rules, in consultation with the department of safety and professional services, under which the department of health services shall conduct regular inspections of sealed combustion units, as required under s. 101.149 (5) (c), for carbon monoxide emissions in hotels, tourist rooming houses, and bed and breakfast establishments. The rules shall specify conditions under which it may issue orders as specified under s. 101.149 (8) (a). The rules may not require the department of health services to inspect sealed combustion units during the period in which the sealed combustion units are covered by a manufacturer's warranty against defects.

(b) Require hotels, tourist rooming houses, restaurants, vending machine operators and vending machine commissaries to file reports and information the department deems necessary.

(d) Prescribe rules and fix standards, including rules covering the general sanitation and cleanliness of premises regulated under this subchapter, the proper handling and storing of food on such premises, the construction and sanitary condition of the premises and equipment to be used and the location and servicing of equipment. The rules relating to the public health and safety in bed and breakfast establishments may not be stricter than is reasonable for the operation of a bed and breakfast establishment, shall be less stringent than rules relating to other establishments hotels, tourist rooming houses, and vending machine commissaries regulated by this subchapter and may not require 2nd exits for a bed and breakfast establishment on a floor above the first level.

(e) Hold a hearing under ch. 227 if, in lieu of proceeding under ch. 68, any interested person in the jurisdictional area of a local health department not granted agent status under s. 254.69 97.615 appeals to the department of health services alleging that a permit license fee for a hotel, restaurant, temporary restaurant, tourist rooming house, campground, camping resort, recreational or educational camp or public swimming pool exceeds the permit license issuer's reasonable costs of issuing permits licenses to, making investigations and inspections of, and providing education, training and technical assistance to the establishment.

(1p) (a) The department may grant the holder of a permit license for a bed and breakfast establishment a waiver from the requirement specified under s. 254.61 (1) (b) 97.01 (1g) (b) to allow the holder of a permit license for a bed and breakfast establishment to serve breakfast to other tourists or transients if all of the following conditions are met:

2. The other tourists or transients are provided sleeping accommodations in a tourist rooming house for which the permit license holder for the bed and breakfast establishment is the permit license holder.

(b) A waiver granted under par. (a) is valid for the period of validity of a permit license that is issued for the bed and breakfast establishment under s. 254.64 97.605 (1) (b).

(2) A local health department designated as an agent under s. 254.69 (2) 97.615 (2) may exercise the powers specified in sub. (1) (a) to (d), consistent with s. 254.69 97.615 (2) (g).

55,4092 Section 4092. 254.76 of the statutes is renumbered 97.627.

55,4093 Section 4093. 254.78 of the statutes is renumbered 254.04 and amended to read:

254.04 Authority of department of safety and professional services. Nothing in this chapter shall affect affects the authority of the department of safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.

55,4094 Section 4094. 254.79 of the statutes is renumbered 254.05.

55,4095 Section 4095. 254.80 of the statutes is renumbered 97.633.

55,4096 Section 4096. 254.81 of the statutes is renumbered 97.634.

55,4097 Section 4097. 254.82 of the statutes is renumbered 97.635.

55,4098 Section 4098. 254.83 of the statutes is renumbered 97.638.

55,4099 Section 4099. 254.84 (title), (1), (2), (3) and (4) of the statutes are renumbered 97.639 (title), (1), (2), (3) and (4).

55,4100 Section 4100. 254.84 (5) of the statutes is renumbered 97.639 (5) and amended to read:

97.639 (5) Construction. Nothing in this section may be construed to require establishments motels, motor courts, tourist cabins, or like accommodations to have outdoor or outside signs. This section shall be liberally construed so as to prevent untrue, misleading, false, or fraudulent representations relating to rates placed on outdoor or outside signs of the establishments.

55,4101 Section 4101. 254.84 (6) of the statutes is repealed.

55,4102 Section 4102. 254.85 of the statutes is renumbered 97.65, and 97.65 (1), (2), (3) and (4), as renumbered, are amended to read:

97.65 (1) The department may enter, at reasonable hours, any premises for which a permit license is required under this subchapter or s. 254.47 97.67 or any restaurant or temporary restaurant for which a license is required under s. 97.30 to inspect the premises, secure samples or specimens, examine and copy relevant documents and records, or obtain photographic or other evidence needed to enforce this subchapter or s. 254.47 97.30 or 97.67. If samples of food are taken, the department shall pay or offer to pay the market value of the samples taken. The department shall examine the samples and specimens secured and shall conduct other inspections and examinations needed to determine whether there is a violation of this subchapter, s. 254.47 97.30 or 97.67, or rules promulgated by the department under this subchapter or s. 254.47 97.30 or 97.67.

(2) (a) Whenever, as a result of an examination, the department has reasonable cause to believe that any examined food constitutes, or that any construction, sanitary condition, operation, or method of operation of the premises or equipment used on the premises creates, an immediate danger to health, the administrator of the division of the department responsible for public health may issue a temporary order and cause it to be delivered to the permittee licensee, or to the owner or custodian of the food, or to both. The order may prohibit the sale or movement of the food for any purpose, prohibit the continued operation or method of operation of specific equipment, require the premises to cease other operations or methods of operation which create the immediate danger to health, or set forth any combination of these requirements. The administrator department may order the cessation of all operations authorized by the permit license only if a more limited order does not remove the immediate danger to health. Except as provided in par. (c), no temporary order is effective for longer than 14 days from the time of its delivery, but a temporary order may be reissued for one additional 14-day period, if necessary to complete the analysis or examination of samples, specimens, or other evidence.

(b) No food described in a temporary order issued and delivered under par. (a) may be sold or moved and no operation or method of operation prohibited by the temporary order may be resumed without the approval of the department, until the order has terminated or the time period specified in par. (a) has run out, whichever occurs first. If the department, upon completed analysis and examination, determines that the food, construction, sanitary condition, operation or method of operation of the premises or equipment does not constitute an immediate danger to health, the permittee licensee, owner, or custodian of the food or premises shall be promptly notified in writing and the temporary order shall terminate upon his or her receipt of the written notice.

(c) If the analysis or examination shows that the food, construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health, the permittee licensee, owner, or custodian shall be notified within the effective period of the temporary order issued under par. (a). Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under sub. (3), and no food described in the temporary order may be sold or moved and no operation or method of operation prohibited by the order may be resumed without the approval of the department.

(3) A notice issued under sub. (2) (c) shall be accompanied by a statement which informs the permittee licensee, owner, or custodian that he or she has a right to request a hearing in writing within 15 days after issuance of the notice. The department shall hold a hearing no later than 15 days after the department receives the written request for a hearing, unless both parties agree to a later date. A final decision shall be issued under s. 227.47 within 10 days of the conclusion of the hearing. The decision may order the destruction of food, the diversion of food to uses which do not pose a danger to health, the modification of food so that it does not create a danger to health, changes to or replacement of equipment or construction, other changes in or cessations of any operation or method of operation of the equipment or premises, or any combination of these actions necessary to remove the danger to health. The decision may order the cessation of all operations authorized by the permit license only if a more limited order will not remove the immediate danger to health.

(4) A proceeding under this section, or the issuance of a permit license for the premises after notification of procedures under this section, does not constitute a waiver by the department of its authority to rely on a violation of this subchapter, s. 254.47 97.30 or 97.67, or any rule promulgated under this subchapter or s. 254.47 97.30 or 97.67 as the basis for any subsequent suspension or revocation of the permit license or any other enforcement action arising out of the violation.

55,4103 Section 4103. 254.86 of the statutes is renumbered 97.71 and amended to read:

97.71 Suspension or revocation of permit license. The department or a local health department designated as an agent under s. 254.69 97.615 (2) or 97.41 (2) may refuse or withhold issuance of a permit license under this chapter or may suspend or revoke a permit license for violation of this subchapter chapter or any rule or order of the department of health services, ordinance of the village, city or county or regulation of the local board of health.

55,4104 Section 4104. 254.87 of the statutes is repealed.

55,4105 Section 4105. 254.88 of the statutes is repealed.

55,4108 Section 4108. 255.08 of the statutes is renumbered 463.25, and 463.25 (2) (a) and (b), as renumbered, are amended to read:

463.25 (2) (a) No person may operate a tanning facility without a permit that the department may, except as provided in ss. 250.041 and 254.115 s. 463.14, issue under this subsection. The holder of a permit issued under this subsection shall display the permit in a conspicuous place at the tanning facility for which the permit is issued.

(b) Permits issued under this subsection shall expire annually on June 30. Except as provided in ss. 250.041 and 254.115 s. 463.14, a permit applicant shall submit an application for a permit to the department on a form provided by the department with a the permit fee established by the department by rule under s. 440.03 (9). The application shall include the name and complete mailing address and street address of the tanning facility and any other information reasonably required by the department for the administration of this section.

55,4109b Section 4109b. 255.35 (1m) (a) 2. of the statutes is amended to read:

255.35 (1m) (a) 2. Licensure as a licensed practical nurse under s. 441.10 (3).

55,4109d Section 4109d. 255.35 (3) (c) of the statutes is created to read:

255.35 (3) (c) The department may use moneys expended from the appropriation under s. 20.435 (1) (ds) for the poison control system under this section as the state share for purposes of obtaining federal matching funds under 42 USC 1397aa to 42 USC 1397mm, if those moneys are eligible for a federal funding match.

55,4109j Section 4109j. 256.15 (4) (c) of the statutes is amended to read:

256.15 (4) (c) Notwithstanding par. (a) and subject to par. (d), the department may promulgate rules that establish standards for staffing of ambulances in which the primary services provided are those which an emergency medical technician — intermediate is authorized to provide or those which an emergency medical technician — paramedic is authorized to provide.

55,4109k Section 4109k. 256.15 (4) (d) of the statutes is created to read:

256.15 (4) (d) If an ambulance service provider that was initially licensed at the paramedic level in 1993 and is located in a municipality in Dodge and Jefferson counties has dispatched an ambulance containing 2 emergency medical technicians — paramedics, the department shall allow that ambulance service provider to staff an ambulance at the paramedic level for a subsequent call with one emergency medical technician — paramedic and one emergency medical technician of any level while the first ambulance containing 2 emergency medical technicians — paramedics is occupied providing service.

55,4110 Section 4110. 257.01 (5) (a) of the statutes is amended to read:

257.01 (5) (a) An individual who is licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 453 89, or certified as a respiratory care practitioner under ch. 448.

55,4111 Section 4111. 257.01 (5) (b) of the statutes is amended to read:

257.01 (5) (b) An individual who was at any time within the previous 10 years, but is not currently, licensed as a physician, a physician assistant, or a podiatrist under ch. 448, licensed as a registered nurse, licensed practical nurse, or nurse-midwife, under ch. 441, licensed as a dentist under ch. 447, licensed as a pharmacist under ch. 450, licensed as a veterinarian or certified as a veterinary technician under ch. 453 89, or certified as a respiratory care practitioner under ch. 448, if the individual's license or certification was never revoked, limited, suspended, or denied renewal.

55,4112e Section 4112e. 281.31 (2m) (intro.) of the statutes is amended to read:

281.31 (2m) (intro.) Notwithstanding any other provision of law or administrative rule, a shoreland zoning ordinance required under s. 59.692, a construction site erosion control and storm water management zoning ordinance authorized under s. 59.693, 60.627, 61.354, or 62.234, or a wetland zoning ordinance required under s. 61.351 or 62.231 does not apply to lands any of the following:

(a) Lands adjacent to farm drainage ditches if all of the following apply:

55,4112f Section 4112f. 281.31 (2m) (a) of the statutes is renumbered 281.31 (2m) (a) 1. and amended to read:

281.31 (2m) (a) 1. Such The lands are not adjacent to a natural navigable stream or river;.

55,4112g Section 4112g. 281.31 (2m) (b) of the statutes is renumbered 281.31 (2m) (a) 2. and amended to read:

281.31 (2m) (a) 2. Those parts of the drainage ditches adjacent to these lands were nonnavigable streams before ditching; and.

55,4112h Section 4112h. 281.31 (2m) (bg) of the statutes is created to read:

281.31 (2m) (bg) Lands adjacent to artificially constructed drainage ditches, ponds, or storm water retention basins that are not hydrologically connected to a natural navigable water body.

55,4112i Section 4112i. 281.31 (2m) (c) of the statutes is repealed.

55,4117 Section 4117. 281.57 (7) (c) 1. of the statutes is amended to read: