Chapter ATCP 72

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.

ATCP 72.14(2)(a) (a) Ventilation with gas space heaters. Any room where a gas space heater is located shall have access to a constant supply of fresh air through a permanent opening which shall not be closed. The size of the opening shall be minimum of 10 square inches (65 square cm) and at least one square inch for each 1,000 BTU per hour of the rated heating capacity of the heater, or be so constructed that the air used in the combustion of the fuel is taken directly from the outside.

ATCP 72.14(2)(b) (b) Size of sleeping rooms. Every sleeping room shall be of sufficient size to afford at least 400 cubic feet (12 cu m) of air space for each occupant over 12 years of age and 200 cubic feet (6 cu m) for each occupant 12 years and under. Every sleeping room shall have a minimum ceiling height of 7 feet (2.13 m). No greater number of sleeping occupants than the number established by application of these standards is permitted in any sleeping room.

ATCP 72.14(2)(c) (c) Smoke detection. Each cabin or cottage shall be provided with at least one approved, listed and labeled smoke detector located in a manner consistent with the manufacturer’s recommendations.

ATCP 72.14(2)(d) (d) Door locks. Doors to all sleeping rooms, cabins and cottages shall be provided with facilities for key locking from the outside and non-key locking from the inside.

ATCP 72.14(2)(e) (e) Window screens. All windows that can be opened in sleeping rooms shall be screened, using 16 mesh or finer material. If sleeping rooms are not effectively air-conditioned, doors opening to the outside shall be similarly screened.

ATCP 72.14 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, August, 1998, No. 512; corrections in (1) were made under s. 13.93 (2m) (b) 7., Stats., Register May 2002 No. 557; CR 08-073: renum. from HFS 195.09 Register January 2009 No. 637, eff. 2-1-09; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register January 2012 No. 673; renum. from DHS 195.14 Register June 2016 No. 726.

ATCP 72.145 ATCP 72.145 Carbon monoxide detectors.

ATCP 72.145(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 facilities in a manner consistent with the standards in s. 101.149, Stats., and ss. SPS 321.097 and 362.0915.

ATCP 72.145 Note Note: Section 97.625 (1) (am), Stats., was repealed by 2017 a. 330.

ATCP 72.145(2) (2) Definitions. In this section:

ATCP 72.145(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 72.145(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 72.145(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. 97.625 (1) (am) and 101.149 (5) (c), Stats.

ATCP 72.145 Note Note: Sections 97.625 (1) (am) and 101.149 (5) (c), Stats., were repealed by 2017 a. 330.

ATCP 72.145(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 72.145(2)(e) (e) “Residential building” means a facility’s building, any part of which is offered for pay as sleeping or lodging accommodations to tourists or transients.

ATCP 72.145(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 72.145(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 72.145(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. It includes, but is not limited to, an individually rented room or suite of rooms in a hotel or an individually rented tourist cabin or cottage.

ATCP 72.145(3) (3) Installation requirements. The operator shall install carbon monoxide detectors in compliance with the requirements of s. 101.149 (2), Stats., and s. SPS 321.097 or 362.0915, as follows:

ATCP 72.145(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 72.145(3)(a)1. 1. In the basement of the building if the basement has a fuel-burning appliance.

ATCP 72.145(3)(a)2. 2. Within 15 feet of each sleeping area of a unit that has a fuel-burning appliance.

ATCP 72.145(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 72.145(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.

ATCP 72.145(3)(a)5. 5. In each hallway leading from a unit that has a fuel-burning appliance, in a location that is within 75 feet from the unit, measured from the door of the unit along the hallway leading from the unit, except that, if there is no electrical outlet within this distance, the operator shall place the carbon monoxide detector at the closest available electrical outlet in the hallway.

ATCP 72.145(3)(b) (b) If a unit is not part of a multiunit building, the operator need not install more than one carbon monoxide detector in the unit.

ATCP 72.145(3)(c) (c)

ATCP 72.145(3)(c)1. 1. Except as provided under subd. 2., the operator shall comply with the requirements of this subsection before a residential building is occupied.

ATCP 72.145(3)(c)2. 2. The operator shall comply with the requirements of this subsection not later than April 1, 2010, if construction of the residential building was initiated before October 1, 2008, or if the department of safety and professional services approved the plans for the construction of the building under s. 101.12, Stats., before October 1, 2008.

ATCP 72.145(3)(d) (d) A carbon monoxide detector shall conform to UL 2034 and shall be listed and labeled identifying conformance to UL 2034. Carbon monoxide detectors and sensors as part of a gas detection or emergency signaling system shall conform to UL 2075 and shall be listed and labeled identifying conformance to UL 2075.

ATCP 72.145(3)(e) (e) The operator shall install every carbon monoxide detector required under this section according to the directions and specifications of the manufacturer of the carbon monoxide detector.

ATCP 72.145(3)(f) (f) Installation shall conform to the applicable requirements of s. SPS 321.097 or 362.0915.

ATCP 72.145(4) (4) Maintenance requirements. The operator shall maintain carbon monoxide detectors in compliance with the requirements of s. 101.149 (3), Stats., as follows:

ATCP 72.145(4)(a) (a) The operator shall reasonably maintain every carbon monoxide detector in the residential building in the manner specified in the instructions for the carbon monoxide detector.

ATCP 72.145(4)(b) (b) An occupant of a unit in a residential building may give the operator written notice that a carbon monoxide detector in the residential building is not functional or has been removed by a person other than the occupant. The operator shall repair or replace the nonfunctional or missing carbon monoxide detector within 5 days after receipt of the notice.

ATCP 72.145(5) (5) Tampering prohibited. Pursuant to s. 101.149 (4), Stats., no person may tamper with, remove, destroy, disconnect, or remove batteries from an installed carbon monoxide detector, except in the course of inspection, maintenance, or replacement of the detector.

ATCP 72.145(6) (6) Exception to installation requirements. The installation of carbon monoxide detectors is not required in a residential building if construction of the building was initiated before October 1, 2008, or if the department of safety and professional services approved the plans for the construction of the building under s. 101.12, Stats., and s. SPS 361.30, which were submitted before October 1, 2008, provided the building does not have an attached garage and any one of the following circumstances applies:

ATCP 72.145(6)(a) (a) The building does not have any fuel-burning appliances.

ATCP 72.145(6)(b) (b) All of the fuel-burning appliances in the building are of a sealed-combustion type and are covered by the manufacturers’ warranties against defects.

ATCP 72.145(6)(c) (c) All the fuel-burning appliances in the building are of a sealed-combustion type and are inspected in accordance with sub. (7) or (8) (b).

ATCP 72.145(7) (7) Inspection of sealed combustion appliances.

ATCP 72.145(7)(a) (a) The operator shall arrange for the inspection of every sealed combustion appliance and the vents and chimneys serving the appliances in any residential building where a carbon monoxide detector has not been installed.

ATCP 72.145(7)(b) (b) The inspection of a sealed combustion appliance, vents, and chimneys shall satisfy all of the following requirements:

ATCP 72.145(7)(b)1. 1. The inspection of the sealed combustion appliance, vents, and chimneys shall be for the purpose of determining carbon monoxide emission levels.

ATCP 72.145(7)(b)2. 2. The inspection shall be performed at least once a year.

ATCP 72.145(7)(b)3. 3. The inspection shall be performed by an individual who holds certification issued under s. SPS 305.71 as an HVAC qualifier.

ATCP 72.145(7)(b)4. 4. If upon inspection the carbon monoxide emissions from a fuel burning appliance, vent or chimney are not within the manufacturer’s specifications, the appliance may not be operated until it is repaired. If the appliance is repaired, it shall be inspected again before it is used.

ATCP 72.145(7)(b)5. 5. The individual inspecting the sealed combustion appliance shall prepare a written, dated, and signed report identifying the level of carbon monoxide emissions and certifying whether or not carbon monoxide emissions are within the manufacturer’s specifications, which the operator shall retain for review by the department or its agent.

ATCP 72.145(8) (8) Inspections and enforcement by department.

ATCP 72.145(8)(a) (a) The department or its agent shall conduct regular inspections of facilities to ensure compliance with s. 101.149 (2) and (3), Stats., and this section.

ATCP 72.145(8)(b) (b) If, upon inspection, the department or its agent determines that a sealed combustion appliance has not been inspected and certified as meeting the manufacturer’s specifications for carbon monoxide emissions, as required under sub. (7), the department or agent shall order the operator to have an inspection conducted within 30 days. If the department or its agent has not received an inspection report as required under sub. (7) (b) 5. within 30 days, the department or agent shall arrange for an inspection agent to conduct an inspection that satisfies the requirements under sub. (7) (b), and the operator shall pay all of the costs associated with the inspection.

ATCP 72.145(8)(c) (c) Pursuant to s. 101.149 (8) (a), Stats., if the department determines after an inspection of a residential building that the operator has violated the installation requirements under sub. (3) or the maintenance requirements under sub. (4), the department shall issue an order requiring the operator to correct the violation within 5 days or within such shorter period as the department determines is necessary to protect public health and safety. As required under s. 101.149 (8) (a), Stats., if the operator does not correct the violation within the time required, the operator shall forfeit $50 for each day of violation occurring after the date on which the department finds that the violation was not corrected. Pursuant to s. 101.149 (8) (b), Stats., if a person is charged with more than one violation of sub. (3) or (4) arising out of an inspection of a single residential building, those violations shall be counted as a single violation for the purpose of determining the amount of a forfeiture.

ATCP 72.145(8)(d) (d) A person who violates sub. (5) is subject to criminal penalties under s. 101.149 (8) (c), Stats.

ATCP 72.145 History History: EmR1004: emerg. cr. eff. 4-1-10; CR 10-015: cr. Register August 2010 No. 656, eff. 9-1-10; corrections in (1), (2) (a), (c), (d), (3) (intro.), (c) 2., (f), (6) (intro.), (7) (b) 3. made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673; renum. from DHS 195.145 Register June 2016 No. 726; correction in (1), (2) (c) made under s. 13.92 (4) (b) 6. Register June 2016 No. 726; correction in (1), (2) (a), (3) (intro.), (f) made under s. 13.92 (4) (b) 7., Stats., Register November 2018 No. 755.

ATCP 72.15 ATCP 72.15 Maintenance.

ATCP 72.15(1) (1) General. Every hotel, motel and tourist rooming house shall be maintained and equipped in a manner conducive to the health, comfort, and safety of its guests.

ATCP 72.15(2) (2) Rooms. The floors, walls, and ceilings of all rooms shall be maintained in a clean and sanitary condition and in a good state of repair.

ATCP 72.15(3) (3) Insect and rodent control. Effective measures intended to minimize the presence of rodents, flies, cockroaches, and other insects on the premises shall be employed. The premises shall be kept in a condition which will prevent the harborage or feeding of insects or rodents.

ATCP 72.15(4) (4) Premises. The premises shall be maintained in a clean, neat condition, free from refuse and other objectionable conditions or hazards. Land surfaces surrounding the hotel, motel, or tourist rooming house shall be well-drained. Parking areas shall be properly graded, drained and treated to minimize dust and dirt. The exterior of all buildings shall be well-maintained and kept in good repair.

ATCP 72.15 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 195.10 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.15 Register June 2016 No. 726.

ATCP 72.16 ATCP 72.16 Registration of guests. Each hotel, motel, and tourist rooming house shall provide a register and require all guests to register their true names and addresses before being assigned sleeping quarters. The register shall be kept intact and available for inspection by representatives of the department for at least one year.

ATCP 72.16 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 195.11 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 195.16 Register June 2016 No. 726.