ATCP 73.06 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.06 Register June 2016 No. 726; correction in (1) (a) (intro.), (b) 3., 4., (2) (b), (c), (3) (a) (intro.), (c), (d) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (3) (b) 1. made under s. 35.17, Stats., Register June 2016 No. 726; CR 18-019: am. (1) (b) 4., (2) (b) Register January 2020 No. 769, eff. 2-1-20. ATCP 73.07ATCP 73.07 Suspension or revocation of license. The department may, after a hearing under s. ATCP 73.08, suspend or revoke a license for violation of ss. 97.603 to 97.65, Stats., this chapter or an order issued by the department. The suspension or revocation order shall take effect 15 days after the date of issuance unless a hearing is requested under s. ATCP 73.08 (1). ATCP 73.08ATCP 73.08 Appeals of actions by the department. ATCP 73.08(1)(a)(a) Except as provided in sub. (2) or (3), a request for a hearing for denial of a license, a voided license, suspension, revocation, forfeiture, or an order given under s. ATCP 73.06 (1) (b) 4. or (2) shall be submitted in writing to the department of administration’s division of hearings and appeals within 15 days after receipt of the notice of the department’s action. ATCP 73.08(1)(b)(b) A request for hearing that is mailed to the division of hearings and appeals shall be considered filed with the division on the date of the postmark. ATCP 73.08(1)(c)(c) A request for hearing that is hand-delivered to the division of hearings and appeals shall be considered filed on the date the request is received by the division of hearings and appeals. ATCP 73.08(1)(d)(d) A request for hearing transmitted by facsimile to the division of hearings and appeals shall be considered filed on the date and time imprinted by the division’s facsimile machine on the transaction report that accompanies the document. Documents received by facsimile after midnight local time shall be deemed filed on the first following business day. ATCP 73.08 NoteNote: Effective 7-1-16, pursuant to 2015 Wis. Act 55 and s. 227.43 (1m), Stats., a request for hearing shall be submitted to the DATCP Secretary via e-mail at datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. ATCP 73.08(1)(e)(e) As a condition for requesting a hearing under this subsection to appeal the voiding of a license, an applicant or owner shall comply with sub. (3). In an appeal concerning voiding a license, the burden is on the applicant or owner to show that the entire applicable fees, late fees and processing charges have been paid. ATCP 73.08(2)(2) A request for hearing on a temporary order given by the department under s. ATCP 73.06 (3) shall be made in writing to the department within 15 days of receipt of the order. The department shall hold a hearing within 15 days after the department receives the written request for hearing, unless the department and the owner agree to a later date, the immediate danger to health is removed, the order is not contested or the owner and the department mutually agree that no purpose would be served by a hearing. A final decision shall be issued under s. 227.47, Stats., within 10 days following the conclusion of the hearing. The decision may order any of the following to remove the danger to health: ATCP 73.08(2)(b)(b) Changes in or cessations of any operation or method of operation of the equipment or premises. ATCP 73.08 NoteNote: A request for hearing, under sub. (2), shall be submitted to the DATCP Secretary via e-mail at datcpappeals@wisconsin.gov, faxed to (608) 224-5034, mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718. The hearing may be conducted by the department secretary or designee. ATCP 73.08(3)(3) If the department voids a license under s. ATCP 73.04 (6), the owner shall submit, within 15 days after receipt of the notice of the department’s action, documentary evidence that all applicable fees, late fees and processing charges have been paid and that there are no outstanding payments due to the department. ATCP 73.08 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.08 Register June 2016 No. 726; correction in (1) (a), (2) (intro.), (3) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (1) (c) made under s. 35.17, 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) (e) made under s. 35.17, Stats., Register January 2020 No. 769. ATCP 73.09ATCP 73.09 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 73.10ATCP 73.10 Water supply and waste disposal. ATCP 73.10(1)(1) Service availability. The requirements covering water supply and sewage disposal facilities for all bed and breakfast establishments are based on the availability of public utilities as well as the practicability of connection to public utilities. ATCP 73.10(2)(2) Public utilities. If an approved public water supply and approved public sewerage facilities are available to the bed and breakfast establishment, connection and use are required, as specified in chs. SPS 382 and 383, rules of the department of safety and professional services and ch. NR 812, rules of the department of natural resources. ATCP 73.10(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 shall 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. A water sample shall be submitted annually to a certified laboratory for bacterial analysis, and a copy of the report giving the results of the analysis shall be made available to the department or its agent upon request. 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 the requirements of the department of natural resources 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 73.10(4)(4) Plumbing. All plumbing and fixtures shall meet the requirements for one-family and two-family dwellings contained in chs. SPS 382 and 384, the applicable state plumbing codes, and shall be maintained in good repair and in a sanitary condition. ATCP 73.10(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 s. 145.245, Stats., and the applicable state plumbing codes, chs. SPS 382 and 383. ATCP 73.10(5)(b)(b) Failed on-site private waste disposal systems shall be replaced or rehabilitated. In this paragraph, “failed system” has the meaning prescribed for “failing private sewage system” in s. 145.245 (4), Stats. ATCP 73.10(5)(c)(c) Plans and installation details covering the design and construction, alteration or extension of private sewage disposal systems shall have the approval of the department of safety and professional services or its designated agent. ATCP 73.10(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 73.10 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; corrections in (2) and (3) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1995, No. 469; corrections in (2) and (3) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, August, 1998, No. 512; CR 08-073: renum. from HFS 197.05 Register January 2009 No. 637, eff. 2-1-09; corrections in (2), (4), (5) (a) and (c) made under s. 13.92 (4) (b) 6.,7., Stats., Register January 2012 No. 673; renum. from DHS 197.10 Register June 2016 No. 726. ATCP 73.11ATCP 73.11 Toilet, handwashing and bathing facilities. ATCP 73.11(1)(1) General. Bed and breakfast establishments shall be provided with clean and sanitary toilet, handwashing, and bathing facilities. These facilities, and laundry facilities used in conjunction with bed and breakfast establishments, shall be cleaned at least daily, if used, and maintained in good repair. ATCP 73.11(2)(2) Fixtures. One toilet, lavatory, and shower or bathtub shall be provided for every 10 guests or fraction thereof. ATCP 73.11(3)(3) Hot and cold water. All lavatories and baths shall be supplied with hot and cold running water. Each person who is provided accommodations shall be provided individual soap and clean, individual bath cloths, and towels. ATCP 73.11(4)(4) Linens. Clean towels and bath cloths shall be stored and handled in a manner which avoids contamination. ATCP 73.11 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 197.06 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.11 Register June 2016 No. 726. ATCP 73.12ATCP 73.12 Furnishings, equipment and utensils. ATCP 73.12(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. Surfaces with which food or drink comes into contact shall be easily accessible for cleaning and shall be nontoxic, corrosion-resistant, nonabsorbent, and free of defects. Disposable articles shall be made from nontoxic materials. ATCP 73.12(2)(2) Installation of furnishings and equipment. All furnishings and equipment shall be installed in a way that facilitates the cleaning of the furnishings and equipment and all adjacent areas. ATCP 73.12(3)(3) Condition of furnishings and equipment. Furnishings and equipment shall be kept clean and in good repair. ATCP 73.12(4)(b)(b) Multi-use eating and drinking utensils shall be thoroughly cleaned after each use. Facilities needed for the operations of washing, rinsing and sanitizing shall be provided. ATCP 73.12(4)(c)(c) Pots, pans and other utensils used in the preparation or serving of food or drink and all food storage utensils shall be thoroughly cleaned after each use. Cooking surfaces of equipment, if any, shall be cleaned at least once each day. Nonfood contact surfaces of equipment shall be cleaned at intervals that will keep them in a clean and sanitary condition. ATCP 73.12(4)(d)(d) Residential sinks and home-style mechanical dishwashing machines are acceptable facilities for washing multi-use eating and drinking utensils, and pots, pans and other cooking utensils. ATCP 73.12(4)(e)(e) Immediately following either manual or mechanical washing of eating and drinking utensils, and pots, pans, and other cooking utensils, these utensils shall be effectively sanitized by being submerged in a hypochlorite solution with a chlorine concentration continuously maintained at 100 parts per million, or another approved sanitizing solution which shall be used at the concentration at which tested and approved by the department. Dishpans may be used to accomplish the final sanitizing rinse. ATCP 73.12(5)(5) Single-service utensils. The reuse of single-service utensils is prohibited. ATCP 73.12 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 197.07 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.12 Register June 2016 No. 726.; correction in (4) (c) made under s. 35.17, Stats., Register June 2016 No. 726 ATCP 73.13(1)(1) Storage. All food storage facilities shall be kept clean and free of vermin. Residential kitchen cabinets are acceptable storage facilities. ATCP 73.13(2)(2) Food supplies. Food, including milk and milk products, shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. Milk of only pasteurized Grade A quality may be used. Use of home-canned food is prohibited except for jams and jellies. ATCP 73.13(3)(a)(a) Foods shall be protected from contamination while being stored, prepared and served, and during transportation. Perishable foods shall be stored at temperatures that will protect them against spoilage. Potentially hazardous food shall be maintained at safe temperatures of 40°F. (4°C.) or below, or 150°F. (66°C.) or above, as appropriate, except during necessary periods of preparation and serving. Frozen food shall be kept at temperatures that will keep them frozen, except when being thawed for preparation or use. Potentially hazardous frozen food shall be thawed at refrigerator temperatures of 40°F. (4°C.) or below, quick-thawed as part of the cooking process, or thawed by another method approved by the department. An indicating thermometer shall be located in each refrigerator. Raw fruits and vegetables shall be washed thoroughly before use. Stuffings, poultry, stuffed meats and poultry, and pork and pork products shall be cooked to heat all parts of the food to at least 165°F. (74°C.) before being served. Salads made of meat, poultry, potatoes, fish, shellfish, or eggs, and other potentially hazardous prepared food, shall be prepared from chilled products, with a minimum of manual contact. Portions of food once served to an individual may not be served again. ATCP 73.13(3)(b)(b) Refrigeration facilities, hot food storage facilities and effective insulated facilities shall be provided as needed to ensure that all food is maintained at safe temperatures of 40°F. (4°C.) or below, or 150°F. (66°C.) or above, as appropriate, during storage, preparation and serving. ATCP 73.13(3)(c)(c) Containers of food shall be stored above the floor, on clean racks, shelves, or other clean surfaces, in such a manner as to be protected from splash and other contamination. ATCP 73.13(4)(a)(a) No person knowingly infected with a communicable disease that may be transmitted by food handling may work in a bed and breakfast establishment. ATCP 73.13(4)(b)(b) If the bed and breakfast operator suspects that any employee, family member, or the operator himself or herself has a communicable disease that may be transmitted by food handling, that person shall be immediately excluded from working in the bed and breakfast establishment and, in the case of a reportable communicable disease under s. DHS 145.03 (2), the operator shall notify the local health authority immediately. ATCP 73.13(4)(c)(c) Persons while preparing or serving food or washing equipment or utensils shall wear clean outer garments, maintain a high degree of personal cleanliness and conform to hygienic practices. They shall wash their hands thoroughly before starting work and as often as necessary while working, in order to remove soil and contamination. After visiting a toilet room, these persons shall wash their hands thoroughly in a lavatory but never in the kitchen sink. No one while preparing or serving food may use tobacco in any form. ATCP 73.13 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 197.08 Register January 2009 No. 637, eff. 2-1-09; correction in (4) (b) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; renum. from DHS 197.13 Register June 2016 No. 726. ATCP 73.14(1)(a)(a) Any room where a gas space heater is located shall have a constant supply of fresh air through a permanent opening which shall not be closed. The size of the opening shall be at least one square inch for each 1,000 BTU per hour of the rated heating capacity of the heater, with a minimum of 10 square inches (65 square cm), or be so constructed that the air used in the combustion of the fuel is taken directly from the outside. ATCP 73.14(1)(b)(b) The use of unvented gas, kerosene, oil or other fossil fuel space heaters is prohibited. ATCP 73.14(2)(2) Smoke detection. Each bed and breakfast establishment shall be provided with an approved, listed, labeled, and operable smoke detector located inside each sleeping room and at the top of each stairway in a manner consistent with the manufacturer’s recommendations. ATCP 73.14(3)(3) Window screens. All windows that can be opened in sleeping rooms shall be screened, using 16 mesh or finer material. Unless sleeping rooms are effectively air-conditioned, doors opening to the outside shall be similarly screened. ATCP 73.14(4)(4) Fire extinguishers. Each bed and breakfast establishment shall be provided with at least one approved, listed and labeled fire extinguisher located near the sleeping rooms. ATCP 73.14(5)(5) Ventilation and lighting. Rooms and areas used in conjunction with bed and breakfast establishments shall be ventilated and lighted as needed. The ventilation and lighting shall be effective under actual use conditions. Ventilating equipment and lighting fixtures shall be kept clean and in good repair. ATCP 73.14(6)(6) Cooking in sleeping rooms. Cooking in sleeping rooms is prohibited. ATCP 73.14 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 197.09 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.14 Register June 2016 No. 726. ATCP 73.145(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 bed and breakfast establishments in a manner consistent with the standards in s. 101.149, Stats., and ss. SPS 321.097 and 362.0915. ATCP 73.145 NoteNote: Section 97.625 (1) (am), Stats., was repealed by 2017 a. 330. ATCP 73.145(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 73.145(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 73.145(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. 101.149 (5) (c) and 97.625 (1) (am), Stats. ATCP 73.145 NoteNote: Sections 97.625 (1) (am) and 101.149 (5) (c), Stats., were repealed by 2017 a. 330. ATCP 73.145(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 73.145(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 73.145(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 73.145(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. Every room or set of rooms that is rented out separately is a “unit.” ATCP 73.145(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 73.145(3)(a)1.1. In the basement of the building if the basement has a fuel-burning appliance. ATCP 73.145(3)(a)2.2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance. ATCP 73.145(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 73.145(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.
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Chs. ATCP 55-89; Food, Lodging, and Recreation Safety
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