Chapter ATCP 72

ATCP 72.06(1)(a)3. 3. To determine compliance with previously written violation orders.

ATCP 72.06(1)(a)4. 4. To secure samples or specimens.

ATCP 72.06(1)(a)5. 5. To examine and copy relevant documents and records provided such information is related to the operation of the hotel, motel, or tourist rooming house.

ATCP 72.06(1)(a)6. 6. To obtain photographic or other evidence needed to enforce this chapter.

ATCP 72.06(1)(b) (b) Reinspections.

ATCP 72.06(1)(b)1. 1. The department or its agent may reinspect a hotel, motel, or tourist rooming house whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the hotel, motel, or tourist rooming house.

ATCP 72.06(1)(b)2. 2. A reinspection shall be scheduled to allow the operator a reasonably sufficient time to correct the deficiencies.

ATCP 72.06(1)(b)3. 3. The reinspection fee under Table ATCP 72.05 A or B or applicable charges as determined by an agent of the department shall be charged for the reinspection.

ATCP 72.06(1)(b)4. 4. If an additional reinspection is required because a violation has not been corrected in the scheduled time, the department shall assess the operator an additional reinspection fee according to Table ATCP 72.05 and the department may order the operator to show just cause why the license should not be suspended or revoked under s. ATCP 72.07.

ATCP 72.06(2) (2) General orders to correct violations.

ATCP 72.06(2)(a) (a) If upon inspection of a hotel, motel, or tourist rooming house, the department or agent finds that the hotel, motel, or tourist rooming house is not designed, constructed, equipped, or operated as required under this chapter, the department or agent shall issue a written order to correct the violation. The order shall specify the correction needed for compliance and the time period within which the correction should be made. The time period specified in the order may be extended at the discretion of the department or agent.

ATCP 72.06(2)(b) (b) If the order to correct violations is not carried out by the expiration of the time period stated in the order, or any extension of time granted for compliance, the department or agent may issue an order under s. ATCP 72.07 to suspend or revoke the license to operate the hotel, motel, or tourist rooming house.

ATCP 72.06(2)(c) (c) Under s. 97.12 (5), Stats., any person who fails to comply with an order of the department shall forfeit $50 for each day of noncompliance after the order is served upon or directed to that person. A forfeiture may be appealed under s. ATCP 72.08.

ATCP 72.06(3) (3) Temporary orders.

ATCP 72.06(3)(a) (a) As provided in s. 97.65, Stats., whenever the department or agent has reasonable cause to believe that an immediate danger to health or safety exists as a result of an inspection under sub. (1), the department or agent may issue a temporary order without advance notice or hearing to do any of the following:

ATCP 72.06(3)(a)1. 1. Prohibit the continued operation or method of operation of specific equipment.

ATCP 72.06(3)(a)2. 2. Require the premises to cease operations and close until remedies are applied which eliminate the immediate danger to health or safety.

ATCP 72.06(3)(b) (b)

ATCP 72.06(3)(b)1. 1. A temporary order shall take effect upon delivery to the operator or responsible supervisor. Except as provided in par. (c), the temporary order shall remain in effect for 14 days from the date of delivery, but a temporary order may be reissued for one additional 14-day period if necessary to complete any analysis or examination of samples, specimens, or other evidence.

ATCP 72.06(3)(b)2. 2. No operation or method of operation prohibited by the temporary order may be resumed without the approval of the department or agent until the order has terminated or the time period specified in subd. 1. has expired, whichever occurs first. If, upon completed analysis or examination, the department or agent determines that construction, sanitary condition, operation, or method of operation of the premises or equipment does not constitute an immediate danger to health or safety, the department or agent shall immediately notify the owner, operator or responsible supervisor in writing and the temporary order shall terminate upon receipt of the written notice.

ATCP 72.06(3)(c) (c) If the analysis or examination shows that the construction, sanitary condition, operation or method of operation of the premises or equipment constitutes an immediate danger to health or safety, the department or agent, within the effective period of the temporary order specified in par. (b) 1., shall provide written notice of the findings to the owner, operator or responsible supervisor. Upon receipt of the notice, the temporary order remains in effect until a final decision is issued under s. ATCP 97.08. The notice shall include a statement that the facility has a right to request a hearing under s. ATCP 97.08 within 15 days after issuance of the notice.

ATCP 72.06(3)(d) (d) Under s. 97.65 (5) (a), Stats., may be fined not more than $10,000 or imprisoned not more than one year in the county jail, or both.

ATCP 72.06 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.06 Register June 2016 No. 726; correction in (1) (a) (intro.), 2., (b) 3., 4., (2) (b), (c), (3) (a), (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 72.07 ATCP 72.07 Suspension or revocation of licenses. The department may, after a hearing under s. ATCP 72.08, suspend or revoke a license for violation of subch. III of ch. 97, 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 72.08 (1).

ATCP 72.07 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; renum. from DHS 195.07 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. Register January 2020 No. 769, eff. 2-1-20.

ATCP 72.08 ATCP 72.08 Appeals of actions by the department.

ATCP 72.08(1) (1) 

ATCP 72.08(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 72.06 (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 72.08(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 72.08(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 72.08(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 72.08 Note Note: 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 [e-mail], faxed to [phone], mailed to PO Box 8911, Madison, Wisconsin 53708-8911, or hand delivered to 2811 Agriculture Drive, Madison, Wisconsin 53718.

ATCP 72.08(1)(e) (e) As a condition for requesting a hearing under this subsection to appeal the voiding of a license, an applicant or operator shall comply with sub. (3). In an appeal concerning voiding a license, the burden is on the applicant or operator to show that the entire applicable fees, late fees and processing charges have been paid.

ATCP 72.08(2) (2) A request for hearing on a temporary order given by the department under s. ATCP 72.06 (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 operator agree to a later date, the immediate danger to health is removed, the order is not contested or the operator 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 72.08(2)(a) (a) Changes to or replacement of equipment or construction.

ATCP 72.08(2)(b) (b) Changes in or cessations of any operation or method of operation of the equipment or premises.

ATCP 72.08 Note Note: A request for hearing, under sub. (2), shall be submitted to the DATCP Secretary via e-mail at [e-mail], faxed to [phone], 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 72.08(3) (3) If the department voids a license under s. ATCP 72.04 (6), the operator 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 72.08 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.08 Register June 2016 No. 726; correction in (1) (a), (2), (3) made under s. 13.92 (4) (b) 7., 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) (a), (e) Register January 2020 No. 769.

ATCP 72.09 ATCP 72.09 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 72.09 History History: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.09 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. Register January 2020 No. 769, eff. 2-1-20.

ATCP 72.10 ATCP 72.10 Water supply and waste disposal.

ATCP 72.10(1) (1) Service availability. The requirements covering water supply and sewage disposal facilities for all hotels, motels, and tourist rooming houses are based upon the availability of public utilities as well as the practicability of connection to public utilities.

ATCP 72.10(2) (2) Public utilities. If an approved public water supply and approved public sewerage facilities are available to the premises of a hotel, motel, or tourist rooming house, connection and use are required.

ATCP 72.10(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 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. 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 ch. NR 812 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 72.10(4) (4) Plumbing. All plumbing and fixtures shall meet the requirements contained in ch. SPS 382 and shall be maintained in good repair and in a sanitary condition.

ATCP 72.10(5) (5) Private sewage disposal.

ATCP 72.10(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 chs. SPS 382 and 383 and s. 145.245, Stats.

ATCP 72.10(5)(b) (b) Failed on-site private waste disposal systems shall be replaced or rehabilitated. A failed system has the meaning prescribed for “failing private sewage system” in s. 145.245 (4), Stats.

ATCP 72.10(5)(c) (c) Plans and installation details covering the design and construction, alteration or extension of private sewage disposal systems shall receive the approval of the department of safety and professional services or its designated agent prior to the construction, alteration or extension of the systems.

ATCP 72.10(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 72.10(5)(e) (e) Privies are only acceptable at existing hotels, motels, and tourist rooming houses. They shall be constructed in accordance with the applicable requirements of s. SPS 362.2900 and ch. SPS 391 and shall be approved by the department. When a new operator takes over the management of a hotel, motel, or tourist rooming house, privies, shall be eliminated.

ATCP 72.10(6) (6) Toilet facilities.

ATCP 72.10(6)(a) (a) Private fixtures. All toilet facilities in conjunction with each guest room shall include a toilet, lavatory, and shower or bathtub.

ATCP 72.10(6)(b) (b) Shared fixtures.

ATCP 72.10(6)(b)1. 1. All hotels and motels, all new tourist rooming houses and all existing tourist rooming houses changing ownership, which do not have a toilet, lavatory, and shower or bathtub in conjunction with each guest room, shall have separate toilet facilities for each sex, except that one toilet, lavatory, and shower or bathtub is acceptable in cabins or cottages rented to family units. One toilet, lavatory and shower or bathtub shall be provided for every 10 persons or fraction thereof of each sex accommodated.

ATCP 72.10(6)(b)2. 2. Existing tourist rooming houses which are not undergoing a change in ownership and do not have toilet facilities in each guest room shall provide at least one toilet, lavatory, and shower or bathtub for use by guests.

ATCP 72.10(6)(c) (c) Water. Hot and cold water under pressure shall be available at all sinks and other washing facilities in all employee, public, and guest’s toilet rooms.

ATCP 72.10(6)(d) (d) Soap and towels. Soap, single-service towels, or other approved means of drying hands shall be provided in each toilet room.

ATCP 72.10(6)(e) (e) Room designations. The door leading into each toilet room shall be marked to identify whether it is for men or women. Words such as “men” or “women” shall be in letters not less than one inch high. Symbols may be used in place of words.

ATCP 72.10(7) (7) Drinking water. All hotels, motels, and tourist rooming houses which do not provide drinking water in the guest rooms shall be equipped with at least one drinking fountain or water cooler of an approved type so placed that it is available at all times to the guests. If drinking cups are used, they shall be single-service items and shall be dispensed by means of an approved dispenser which protects the interior and lip contact surfaces from dust and handling.

ATCP 72.10(8) (8) Garbage and refuse.

ATCP 72.10(8)(a) (a) All garbage not disposed of through a garbage disposal unit connected to the sewerage system shall be kept in separate, leakproof, nonabsorbent containers equipped with tightfitting covers, unless otherwise protected from rodents, flies and insects. The contents shall be disposed of as often as necessary to prevent decomposition or overflow.

ATCP 72.10(8)(b) (b) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, or food preparation areas.

ATCP 72.10(8)(c) (c) The use of wooden or paper containers for garbage is prohibited.

ATCP 72.10(8)(d) (d) Separate fly-tight containers with covers shall be provided for cans, bottles and other rubbish.

ATCP 72.10 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; corrections in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1995, No. 469; correction in (5) (e) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1998, No. 512; corrections in (5) (c) and (e) made under s. 13.93 (2m) (b) 6. and 7., Stats., Register May 2002 No. 557; CR 08-073: renum. from HFS 195.05 Register January 2009 No. 637, eff. 2-1-09; corrections in (4), (5) (a), (c), (e) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; renum. from DHS 195.10 Register June 2016 No. 726.

ATCP 72.11 ATCP 72.11 Furnishings, equipment and utensils.

ATCP 72.11(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.

ATCP 72.11(2) (2) Installation. All furnishings and equipment shall be installed in a way that facilitates the cleaning of the furnishings and equipment and all adjacent areas.

ATCP 72.11(3) (3) Utensil sanitation.

ATCP 72.11(3)(a) (a) Whenever multi-use glasses, ice buckets or other utensils are provided for a guest, the items shall be washed, rinsed and sanitized in an approved manner before being provided for use by a different guest. Utensils, when furnished, shall be free of cracks or chips. The food-content surfaces shall be smooth, nontoxic, corrosion-resistant, nonabsorbent, and easily accessible for cleaning.

ATCP 72.11(3)(b) (b) The reuse of single-service utensils is prohibited.

ATCP 72.11(4) (4) Storage.

ATCP 72.11(4)(a) (a) After cleaning and until use, all glasses and other utensils shall be stored and handled in a manner that protects them from contamination.

ATCP 72.11(4)(b) (b) Glasses in guest rooms shall be stored in single-service containers or dispensed by means of a dispenser approved by the department.

ATCP 72.11(5) (5) Cleanliness of linens. Pillowslips, sheets, towels and washcloths shall be washed as frequently as they are assigned to a different guest and at least once a week. Blankets, spreads, mattresses, and pillows shall be kept clean and free of insect infestation. The use of quilts and comforters which are not machine washable is not permitted. Sheets shall be of sufficient size to cover the bed and have a fold-back over the blanket of at least 12 inches (30.5 cm). Soiled linen shall be kept in washable containers used for this purpose exclusively. Every mattress shall be covered with a pad to protect the mattress, and the mattress and pad shall be maintained clean and in good repair.

ATCP 72.11(6) (6) Cleanliness and repair of equipment and furnishings. All equipment and furnishings shall be kept clean, free from odor, and in good repair.

ATCP 72.11 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; am. (5), Register, May, 1989, No. 401, eff. 6-1-89; CR 08-073: renum. from HFS 195.06 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.11 Register June 2016 No. 726.

ATCP 72.12 ATCP 72.12 Food.

ATCP 72.12(1) (1) License. Any hotel, motel, or tourist rooming house operator who prepares, sells or serves lunches or meals shall meet the requirements of subch. III of ch. ATCP 75 and obtain a retail food establishment - restaurant license.

ATCP 72.12 Note Note: Effective 7-1-16, pursuant to 2015 Wis. Act 55, the restaurant permit referenced in this subsection is a retail food establishment license. To obtain a copy of the application form for the license, call [phone] or send an e-mail to [e-mail].

ATCP 72.12(2) (2) Ice. All ice used in a hotel, motel, or tourist rooming house for cooling drinks or food by direct contact shall be made from a public water supply or an approved private water supply. All ice-making machines shall have tight-fitting doors which are kept closed between service. New or replacement ice-making machines or bins shall be of the mechanical dispensing type unless ice is dispensed by an employee. Ice tongs or ice scoops shall be used in handling ice used for cooling beverages or food and shall be properly protected against contamination when stored. All ice shall be stored and served in a smooth-surfaced, easily-cleanable container. Packaged ice shall be stored in a clean area and protected against contamination.

ATCP 72.12 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 195.07 Register January 2009 No. 637, eff. 2-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637; renum. from DHS 195.12, am. (1) Register June 2016 No. 726; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; correction in (2) made under s. 35.17, Stats., Register June 2016 No. 726; CR 18-019: am. (1) Register January 2020 No. 769, eff. 2-1-20.

ATCP 72.13 ATCP 72.13 Employee health. Persons who have a communicable disease shall refrain from working in a hotel, motel, or tourist rooming house. No operator may employ any person suspected of having a communicable disease.

ATCP 72.13 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 195.08 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.13 Register June 2016 No. 726.

ATCP 72.14 ATCP 72.14 Building structure and safety.

ATCP 72.14(1) (1) State building code. All hotels, motels, and tourist rooming houses shall comply with the state commercial building code, chs. SPS 361 to 365. The department shall enforce the rules of chs. SPS 361 to 365 relating to fire safety, including but not limited to rules on isolation of fire hazards, fire escapes, fire exits, fire extinguishers, fire alarm systems, smoke detectors, exit lights, space heaters, ventilation, and directions of escape.

ATCP 72.14(2) (2) Additional requirements.