When it appears to the department that strict adherence to a provision of this chapter is impractical for a particular lodging facility, the department may approve a variance from that provision requested by that operator if the operator provides the department with satisfactory proof that the approval of the variance will not jeopardize the public’s health, safety, or welfare.

1. (1) Procedure for a variance request.

   1. (a) Application. A request for modification or waiver of a requirement of this chapter shall be submitted in writing to the department or its agent having jurisdiction along with documentation specified in par. (e).
   2. (b) Local review. A local inspector shall review the request and forward it to the department with recommendations for approval or disapproval.
   3. (c) Department action on a variance. On receipt of a complete variance request as specified in this section, the department shall review the request and grant or deny the request in writing within 30 business days. A variance approved by the department shall expire 5 years from the date of issuance or for an experimental or trial purpose, a period of time as determined by the department, not to exceed 5 years.
   4. (d) Records. The department or its agent shall maintain a copy of the variance in the establishment’s inspection history file.

   5. (e) Application contents. Documentation requesting a proposed variance from the requirements of this chapter shall include the following:

      1. 1. A statement of the proposed variance from a requirement of this chapter, citing the relevant chapter section numbers.
      2. 2. The rationale for how the potential public health hazards and nuisances addressed by the relevant chapter section will be alternatively addressed by the proposed variance.

2. (2) Conformance with an approved variance. If the department grants a variance as specified in sub. (1), the license holder shall meet all of the following requirements:

   1. (a) Conditions. Comply with the department’s conditions for the variance approval.
   2. (b) Records. Maintain a copy of the approved variance at the lodging facility.

3. (3) Reissuance.

   1. (a) Request. A license holder who wishes to continue a variance after its expiration shall file a written request with the department for reissuance of the variance at least 30 calendar days prior to its expiration, unless permission for a later expiration date has been granted by the department.

   2. (b) Status of existing variance. When a license holder has made timely and sufficient application for the reissuance of a variance in reference to any activity of a continuing nature, the existing variance does not expire until the application has been finally acted upon by the department.

      Note: To obtain a form for requesting a variance, e-mail datcpdfrsrec@wisconsin.gov or contact the bureau of food and recreational businesses at (608) 224−4700 or PO Box 8911, Madison, Wisconsin 53708−8911.

History

History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26.