Ch. ATCP 73 NoteNote: Chapter HSS 197 was renumbered chapter HFS 197 under s. 13.93 (2m) (b) 1., Stats., corrections made under s. 13.93 (2m) (b) 6. and 7., Stats., Register, January, 1997, No. 493. Chapter HFS 197 was renumbered chapter DHS 197 effective February 1, 2009, and corrections made under s. 13.92 (4) (b) 7., Stats., Register January 2009 No. 637. Chapter DHS 197 was renumbered chapter ATCP 73 under s. 13.92 (4) (b) 1., Stats., Register June 2016 No. 726.

ATCP 73.01ATCP 73.01 Authority and purpose. Section 97.625, Stats., gives the department authority to prescribe rules for bed and breakfast establishments and to enforce these rules for the purpose of protecting public health and safety.

ATCP 73.01 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; correction made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1995, No. 469; CR 08-073: renum. from HFS 197.01 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.01 Register June 2016 No. 726; correction made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726.

ATCP 73.02(1)(1) Applicability. The provisions of this chapter apply to the operator of any bed and breakfast establishment.

ATCP 73.02(2)(2) Approved comparable compliance. When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular bed and breakfast establishment, the department may approve a modification in that rule for that facility if the department is provided with satisfactory proof that the grant of a variance will not jeopardize the public’s health, safety, or welfare.

ATCP 73.02 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; CR 08-073: renum. from HFS 197.02 Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.02 Register June 2016 No. 726.

ATCP 73.03(1)(1) “Agent” means the city or county designated by the department to issue licenses to and make investigations or inspections of bed and breakfast establishments.

ATCP 73.03(2)(2) “Approved” means acceptable to the department, based on its determination of conformance to this chapter and good public health practices.

ATCP 73.03(3)(3) “Bed and breakfast establishment” means any place of lodging that provides 8 or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a 12-month period, is the owner’s personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

ATCP 73.03(4)(4) “Department” means the department of agriculture, trade and consumer protection.

ATCP 73.03(5)(5) “Furnishings” means, in connection with the operation of a bed and breakfast establishment, linens, beds, bedding, chairs, tables, shelves, drapes, carpeting, curtains, decorations, fixtures, and similar items provided in the sleeping rooms and common areas of the facility.

ATCP 73.03(6)(6) “Potentially hazardous food” means any food that consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, edible crustacea, or other ingredients, including synthetic ingredients, in a form capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms. “Potentially hazardous food” does not include clean, whole, uncracked, and odor-free shell eggs or foods which have a pH level of 4.6 or below or a water activity (aw) value of 0.85 or less.

ATCP 73.03(7)(7) “Premises means the tract of land on which the bed and breakfast establishment is located.