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. Section 97.625, Stats., powers of the department and local health departments. Section 227.11 (2) (a), Stats., agency rule-making authority for lodging establishments. Consider incorporating the following statutory references into the rule to provide greater clarity:
Section 93.07 (24) (e), Stats., gives the department the ability to enforce the laws for the sanitary care of lodging facilities. Section 97.607, Stats., pre-licensing inspections for lodging establishments. Section 97.615 (2), Stats., written agreements with local health departments. Section 97.617, Stats., application; lodging and vending. Section 97.62, Stats., health and safety standard for lodging establishments. Section 97.623, Stats., hotel safety. Section 97.627, Stats., causing fires by tobacco smoking. Section 97.633, Stats., hotelkeeper’s liability. Section 97.634, Stats., hotelkeeper’s liability for baggage; limitation. Section 97.635, Stats., liability of hotelkeeper for loss of property by fire or theft; owner’s risk. Section 97.638, Stats., hotel rates posted; rate changes; special rates. Section 97.639, Stats., motel rates. Section 97.65, Stats., enforcement for lodging establishments. Section 97.71, Stats., suspension or revocation of license. Section 97.72, Stats., penalties. Section 97.73, Stats., injunction 5. Estimate of amount of time that state employees will spend developing the rule and of other resources necessary to develop the rule:
The department estimates that the work associated with developing and promulgating the proposed rule, including conducting advisory group meetings, will require approximately 600 hours of staff time.
6. List with description of all entities that may be affected by the proposed rule:
Entities that may be affected by the new rule include: Wisconsin Hotel & Lodging Association, Wisconsin Association of Campground Owners, Wisconsin Realtors Association, Wisconsin County Code Administrators, owners and operators of hotels, motels, and tourist rooming houses.
7. Summary and preliminary comparison with any existing or proposed federal regulation that is intended to address the activities to be regulated by the proposed rule:
There are no federal regulations for lodging.
8. Anticipated economic impact of implementing the rule (note if the rule is likely to have a significant economic impact on small businesses):
The department anticipates the proposed rule may give more flexibility for businesses in complying with the rule requirements, allocate regulatory requirements more fairly, and be based on risk-based inspection methods. There may be an increase in licensing and inspection fees, which have not been adjusted since 2010. Creating a licensing fee based on risk and activity and modifying the licensing structure should help to moderate the impact of a fee increase. The rule is not anticipated to have a significant economic impact on small businesses.
Contact Person: Andrea Northwood, Policy Analyst, 715-490-0743
