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Register January 2012 No. 673
Chapter DHS 197
BED AND BREAKFAST ESTABLISHMENTS
DHS 197.01 Authority and purpose.
DHS 197.02 Scope.
DHS 197.03 Definitions.
DHS 197.04 Permits.
DHS 197.05 Department fees.
DHS 197.06 Enforcement.
DHS 197.07 Suspension or revocation of permit.
DHS 197.08 Appeals of actions by the department.
DHS 197.09 Appeals of actions by agent health departments.
DHS 197.10 Water supply and waste disposal.
DHS 197.11 Toilet, handwashing and bathing facilities.
DHS 197.12 Furnishings, equipment and utensils.
DHS 197.13 Food.
DHS 197.14 Building safety.
DHS 197.145 Carbon monoxide detectors.
DHS 197.15 Maintenance.
Ch. DHS 197 Note Note: 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.
DHS 197.01 DHS 197.01 Authority and purpose. Section 254.74, 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.
DHS 197.01 History History: 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.
DHS 197.02 DHS 197.02 Scope.
DHS 197.02(1)(1)Applicability. The provisions of this chapter apply to the operator of any bed and breakfast establishment.
DHS 197.02(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.
DHS 197.02 History History: 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.
DHS 197.03 DHS 197.03 Definitions. In this chapter:
DHS 197.03(1) (1) "Agent" means the city or county designated by the department to issue permits to and make investigations or inspections of bed and breakfast establishments.
DHS 197.03(2) (2) "Approved" means acceptable to the department, based on its determination of conformance to this chapter and good public health practices.
DHS 197.03(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.
DHS 197.03(4) (4) "Department" means the department of health services.
DHS 197.03(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.
DHS 197.03(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.
DHS 197.03(7) (7) "Premises means the tract of land on which the bed and breakfast establishment is located.
DHS 197.03(7m) (7m) "Tourist or transient" means a person who travels to a location away from his or her permanent address for a short period of time for vacation, pleasure, recreation, culture, business or employment.
DHS 197.03(8) (8) "Utensil" means any kitchenware, tableware, glassware, cutlery, container or similar item with which food or drink comes in contact during storage, preparation or serving.
DHS 197.03 History History: Cr. Register, June, 1985, No. 354, eff. 7-1-85; am. (3), cr. (7m), Register, November, 1986, No. 371, eff. 12-1-86; CR 08-073: renum. from HFS 197.03 and am. (4) Register January 2009 No. 637, eff. 2-1-09.
DHS 197.04 DHS 197.04 Permits.
DHS 197.04(1)(1)Permit required.
DHS 197.04(1)(a)(a) No bed and breakfast establishment may be opened to the public until the operator of the bed and breakfast establishment has obtained a permit from the department or its agent by submitting an application under sub. (4) and paying the applicable fee specified in s. DHS 197.05. A separate permit is required for each bed and breakfast establishment.
DHS 197.04(1)(b) (b) A new initial permit is required if a permit holder sells or otherwise transfers ownership or operation of a bed and breakfast establishment to another person, except as provided in sub. (3).
DHS 197.04(2) (2)Permit duration and renewal.
DHS 197.04(2)(a)(a) Each permit issued under this chapter expires on June 30, except that a permit initially issued during the period beginning on April 1 and ending on June 30 expires on June 30 of the following year.
DHS 197.04(2)(b) (b) Each permit shall be renewed annually as provided in sub. (4) (b).
DHS 197.04(3) (3)Transferability of permits. An individual may transfer a permit to an immediate family member, as defined in s. 254.64 (4) (a) 2., Stats., if the individual is transferring operation of the bed and breakfast establishment. A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1), Stats., or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a permit to the newly formed business entity or sole proprietorship if the bed and breakfast establishment remains at the location for which the permit was issued and at least one individual who had an ownership interest in the sole proprietorship or business entity to which the permit was issued has an ownership interest in the newly formed sole proprietorship or business entity. Except as provided in this subsection, no permit issued under this chapter is transferable from one premise to another or from one person or entity to another.
DHS 197.04 Note Note: Under s. 254.64 (4) (a) 2., Stats., "Immediate family member" means a spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the spouse of a grandparent, parent, sibling, child, stepchild, or grandchild. Under ss. 254.64 (4) (a) 1. and 179.70 (1), Stats., a "business entity" means: a corporation, as defined in s. 180.0103 (5), Stats., a limited liability company, as defined in s. 183.0102 (10), Stats., a limited partnership, or a corporation, as defined in s. 181.0103 (5), Stats., a foreign limited liability company, as defined in s. 183.0102 (8), Stats., a foreign limited partnership, a foreign corporation, as defined in s. 180.0103 (9), Stats., or a foreign corporation, as defined in s. 181.0103 (13), Stats.
DHS 197.04(4) (4)Permit application.
DHS 197.04(4)(a)(a) Initial permit. Application for an initial or new permit shall be made on an application form furnished by the department or its agent and shall be accompanied by all of the following:
DHS 197.04(4)(a)1. 1. The applicable fees specified under s. DHS 197.05 and any fees previously due to the department or its agent.
DHS 197.04(4)(a)2. 2. Documentation that the department of safety and professional services has approved plans and specifications for the bed and breakfast, if required.
DHS 197.04(4)(a)3. 3. Information, as determined by the department or its agent, indicating that the bed and breakfast establishment will be maintained and operated in compliance with applicable federal and state laws and that rules have been implemented for the operation of the bed and breakfast establishment that will protect the health, safety, and welfare of the public.
DHS 197.04 Note Note: To obtain a copy of the application form for a permit to operate a bed and breakfast establishment or to determine which agent to contact for an application form, write or phone: Bureau of Environmental and Occupational Health (BEOH), P.O. Box 2659, Madison, Wisconsin 53701-2659 (608-266-2835). You may also contact the BEOH at www.dhs.wi.gov/fsrl.
DHS 197.04(4)(b) (b) Renewal permit. To renew the permit of the bed and breakfast establishment, the operator shall pay the department, the applicable establishment permit fee specified under s. DHS 197.05 before the permit expires. If the payment to renew the permit of a bread and breakfast establishment is not made to the department before the expiration date of the establishment permit, the late fee specified under s. DHS 197.05 shall be paid in addition to the permit fee.
DHS 197.04 Note Note: Local health departments that are agents for the department have authority under s. 254.69 (2) (d), Stats., to establish and collect fees for permits issued by the local health department. If your establishment was permitted by a local health department, contact the local health department for its permit fee schedule.
DHS 197.04(5) (5)Department action on permit application.
DHS 197.04(5)(a)(a) The department or its agent shall issue or deny a permit within 30 days after receiving a complete application, all applicable fees, and the other information required under sub. (4).
DHS 197.04(5)(b) (b) Except as provided in ss. 250.041 and 254.115, Stats., the initial issuance, renewal or continued validity of a permit issued under this subsection may be conditioned upon the requirement that the permit holder correct a violation of this chapter, ss. 254.61 to 254.88, Stats., or ordinances adopted under s. 254.69 (2) (g), Stats., within a period of time specified. If the condition is not met within the specified time or after an extension of time approved by the department, the permit is void. No person may operate a bed and breakfast establishment after a permit has been voided under this paragraph, and any person who does so shall be subject to the penalties under s. 254.88, Stats. An owner whose permit is voided under this paragraph may appeal the decision under s. DHS 197.08.
DHS 197.04(5)(c) (c) The department or its agent may refuse to issue or renew a permit to operate a bed and breakfast establishment under any of the following circumstances:
DHS 197.04(5)(c)1. 1. The department or its agent has not conducted a preinspection of the bed and breakfast establishment for which an initial or new permit is required under sub. (1).
DHS 197.04(5)(c)2. 2. The owner of a bed and breakfast establishment has not corrected a condition for which the department or agent has issued a written health or safety–related order.
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