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(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 73.145(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(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(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)(e)(e) “Residential building” means a bed and breakfast establishment.

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.