ATCP 72.08 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 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 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 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 HistoryHistory: 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 72.09ATCP 72.09Appeals 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 HistoryHistory: 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 72.10ATCP 72.10Water 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.