In this chapter:

1. (1) “Active managerial control” means the purposeful incorporation of systems in a lodging facility that proactively reduce the risk of illness or a hazard through monitoring and verification.
2. (2) “Administrative follow-up” means a type of reinspection to validate a corrective action of a violation through electronic or other effective means without the need for a physical visit.
3. (3) “Agent” means a local health department as defined in s. 250.01 (4), Stats., that has entered into a contract with the department and is authorized under the terms of that contract to administer a retail food establishment, lodging, and recreational safety regulatory program, pursuant to ss. 97.41 and 97.615 (2), Stats., in the health department’s area of jurisdiction.

4. (4) “Air gap” means all of the following:

   1. (a) In a wastewater system, “air gap” has the meaning given in s. SPS 381.01 (6).
   2. (b) In a water supply system, “air gap” has the meaning given in s. SPS 381.01 (7).

5. (5) “Alarm signal” means a fire alarm control unit condition indicating that there is an immediate threat to life, property, or mission.

   Note: Alarm signals can result due to the presence of fire, chemicals, freezing temperatures or other circumstances.

6. (6) “Approved” means acceptable to the department or its agent, based on its determination of conformance with this chapter and good public health practices.
7. (7) “Basement” means the portion of the lodging facility below the first floor or ground floor with its entire floor below grade.
8. (8) “Bed” means a piece of furniture for sleep or rest including a framework with a mattress and coverings, cot, bunk bed, futon, sleeper sofa, sleeping pad, or air mattress placed on the floor.
9. (9) “Boarding house” means a rooming house, as defined in sub. (80).
10. (10) “Bottled water” has the meaning given in s. ATCP 90.01 (2).
11. (11) “Bunk bed” means a piece of furniture consisting of a platform-like bed in which the underside of the top platform is elevated over 30-inches from the floor.
12. (12) “Business” means a person’s regular occupation, profession, or trade.
13. (13) “Camping cabin” has the meaning given in s. ATCP 79.03 (4).
14. (14) “Carbon monoxide alarm” means an electronic or battery-operated device or system that sounds an alarm when an unsafe level of carbon monoxide is in the air. Carbon monoxide alarms conform to Underwriters Laboratories standard 2034, Standard for Single and Multiple Station Carbon Monoxide Alarms.
15. (15) “Carbon monoxide detector” means an electronic device or sensor that monitors for carbon monoxide and is connected to a whole building fire alarm and detection system. Carbon monoxide detectors conform to Underwriters Laboratories standard 2075, Gas and Vapor Detectors and Sensors.
16. (16) “Ceiling height” means the clear vertical distance from the finished floor to the finished ceiling.

17. (17) “Certified laboratory” means either of the following:

    1. (a) For coliform and Escherichia coli, a laboratory certified under ch. ATCP 77.
    2. (b) For nitrates, a laboratory accredited under ch. NR 149.
18. (18) “Clean” means the absence of dirt, grease, rubbish, garbage, and other offensive, unsanitary, or extraneous matter.
19. (19) “Communicable disease” means an infectious disease that is transmissible by contact with infected individuals or their bodily discharges or fluids, by contact with contaminated surfaces or objects, by ingestion of contaminated food or water, or by direct or indirect contact with disease vectors.
20. (20) “Communicating opening” means a door, window, or any other opening, which allows air to be exchanged between a fuel-burning appliance or garage and an individually keyed unit.
21. (21) “Contiguous” means a property sharing a common border with another property, excluding private roadways.

22. (22) “Core item” means all of the following:

    1. (a) A provision in this chapter that is not designated as a priority item or a priority foundation item.
    2. (b) An item that relates to general sanitation, operational controls, sanitation standard operating procedures, facilities or structures, equipment design, or general maintenance.
23. (23) “Death, injury, or illness report” means the written record of all facts regarding an incident resulting in bodily harm that requires assistance from emergency medical personnel for a lodging facility or its associated buildings and structures.
24. (24) “Deck” means an unenclosed exterior structure, attached or adjacent to the exterior wall of a building, which has a floor, but no roof.
25. (25) “Department” means the Wisconsin department of agriculture, trade and consumer protection.
26. (26) “Easily cleanable” means a material or finish of a surface that allows effective removal of soil by manual or mechanical cleaning methods.
27. (27) “Emergency medical service” means an emergency service that provides ambulance service response in a geographic area and is staffed by certified rescue professionals such as an emergency medical technician or emergency medical responder.
28. (28) “Employee” means any person working in a lodging facility.
29. (29) “Equipment” means an article used in a lodging facility, including furnishings, decorative materials, fireplaces, heating units, and appliances, but excluding land and building structures.
30. (30) “Exclude” means to prevent a person from working or entering a lodging facility as an employee.
31. (31) “Existing hotel, motel, or tourist rooming house,” means a lodging facility operating with a license first issued by the department or its agent before January 25, 2026.
32. (32) “Exit” means a direct, continuous, unobstructed means of egress to the exterior of the building.
33. (33) “Failing private on-site wastewater treatment system” has the meaning given in s. 145.01 (4m), Stats.

34. (34) “Fire alarm control panel” means a unit that monitors all inputs and controls all outputs of the fire alarm system.

    Note: The different types of conditions that can be seen at the fire alarm control panel are “alarm”, “supervisory,” and “trouble”.

35. (35) “First floor” means the floor level above any basement or ground floor or in the absence of a basement or ground floor means the lowest floor level in the lodging facility.
36. (36) “Food-contact surface” has the meaning given in ch. ATCP 75 Appendix 1-201.10 (B).
37. (37) “Fuel-burning appliance” means a device that burns fossil fuel or carbon-based fuel and produces carbon monoxide as a combustion by-product.
38. (38) “Furnishings” means in connection with the operation of a lodging facility, all of the following items provided in the sleeping rooms and common areas of the lodging facility: linens; beds; bedding; chairs; tables; shelves; drapes; carpeting; curtains; decorations; fixtures; and similar items.
39. (39) “Good repair” means free of corrosion, breaks, cracks, chips, pitting, excessive wear and tear, leaks, obstructions, and similar defects to constitute a good and sound condition.
40. (40) “Ground floor” means the portion of the lodging facility, below the first floor, located on a site with a sloping or multilevel grade and which has a portion of its floor line at grade.

41. (41) “Guard” means any of the following:

    1. (a) A building component or system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.
    2. (b) A barrier erected on the top bunk bed to prevent a person from falling or rolling off the sleeping surface.
42. (42) “Handrail” means a horizontal or sloping rail intended for grasping by a hand, for guidance or support or preventing a fall down a stair or ramp.
43. (43) “Hostel” means a type of lodging facility that offers dormitory style sleeping arrangements with shared toilet facilities.
44. (44) “Hotel” means all places wherein sleeping accommodations are offered for pay to transients, in 5 or more rooms, and all places used within the building or structure.
45. (45) “Immediate family member” has the meaning given in s. 97.605 (4) (a) 2., Stats.
46. (46) “Imminent human health hazard” means a condition that presents a substantial likelihood to cause severe adverse health consequences or death.

47. (47) “Individually keyed unit” means a lodging unit that is accessed by the use of a key or other electronic device that is occupied by a tourist, transient or rental group for sleeping accommodations.

    Note: Examples include a motel or hotel room, hotel suite, or a tourist rooming house.

48. (48) “Ladder” means a structure for climbing up or down that consists of 2 long sidepieces joined at intervals by crosspieces on which one may step.
49. (49) “Legionella” means a common aquatic bacteria found in natural waterways, building water systems, and in some soils. This genus of bacteria can cause a pneumonia called Legionnaires’ disease or a flu-like illness called Pontiac fever when inhaled, aspirated, or directly introduced into the lungs of a susceptible individual.
50. (50) “Legionellosis” means the term used to describe Legionnaires’ disease, Pontiac fever and any illness caused by exposure to Legionella bacteria.
51. (51) “License holder” means the person that is legally responsible for the operation of a lodging facility.

52. (52)

    1. (a) “Lodging facility” or “lodging place” means a hotel, motel, tourist rooming house, or specialty lodging unit that provides sleeping accommodations offered for pay to tourists or transients.

    2. (b) “Lodging facility” does not include:

       1. 1. A camping cabin or yurt less than 400 square feet in area located in a campground licensed under ch. ATCP 79.
       2. 2. A recreational vehicle.
53. (54) “Loft” means an upper room or floor that has at least 50 percent of the common wall open to the floor below.
54. (55) “Motel” means a hotel that furnishes on premises parking for motor vehicles of guests as part of the room charge, without extra cost, and that is identified as a “motel” rather than a “hotel” at the request of the operator.
55. (56) “New hotel, motel, or tourist rooming house,” means a lodging facility under new ownership operating with a license first issued by the department or its agent on or after January 25, 2026.
56. (57) “Operator” means the license holder or the person designated by the license holder that demonstrates the ability to control both the interior and exterior of the lodging facility and ensures compliance with this chapter. This control may be established either by contract, ownership rights, or the nature of the entity’s management authority.
57. (58) “Person” means an individual, partnership, association, management company, firm, limited liability company, corporation, trust, other legal organization or entity, municipality, county, town or state agency, whether tenant, owner, lessee, licensee, or the agent, heir, or assignee of any of these.
58. (59) “Person in charge” means the designated individual present at a lodging facility who is responsible for the operation at the time of inspection.
59. (60) “Pest” means an animal or insect of public health significance that is a nuisance and that may or may not transmit disease to the general public. “Pest” includes cockroaches, bed bugs, bats, rodents, and ticks.
60. (61) “Plumbing” has the meaning given in s. 145.01 (10), Stats.
61. (62) “Porch” means an exterior structure at or near grade, attached or adjacent to the exterior wall of a lodging facility and having a roof and floor and is not used for overnight sleeping accommodations.
62. (63) “Potable” has the meaning given in s. NR 812.07 (75).
63. (64) “Preinspection” means an inspection of a lodging facility, prior to the issuance of a license to operate, to determine compliance with the requirements of this chapter.
64. (65) “Premises” means the contiguous land or property where the lodging facility is located and all associated buildings or structures under the control of the license holder. “Premises” includes one or more county or municipal tax parcels of land or property that share a common border.

65. (66) “Priority foundation item” means all of the following:

    1. (a) A provision in this chapter whose application supports, facilitates, or enables one or more priority items.
    2. (b) An item that requires the purposeful incorporation of specific actions, equipment or procedures by the operator such as personnel training, infrastructure, documentation or record keeping.
    3. (c) An item that is denoted in this rule with a superscript Pf-_Pf.

66. (67) “Priority item” means all of the following:

    1. (a) A provision in this chapter directly related to health and safety that if not met or is missing could significantly contribute to an increased risk for injury or illness.
    2. (b) An item that is denoted in this rule with a superscript P-_P.
67. (68) “Private on-site wastewater treatment system” or “POWTS” has the meaning given in s. 145.01 (12), Stats.
68. (69) “Private water system” has the meaning given in s. NR 812.07 (78).
69. (70) “Public sewer” has the meaning given in s. SPS 381.01 (198).
70. (71) “Public water system” has the meaning given in s. NR 809.04 (67).
71. (72) “Recreational vehicle” has the meaning given in s. ATCP 79.03 (32).
72. (73) “Reinspection” means a mandatory or administrative follow-up inspection to ensure that a priority or recurring violation has been corrected.
73. (74) “Remediation plan” means a specific plan on details to identify the potential source, location and removal of a waterborne pathogen.
74. (75) “Rental group” means 2 or more tourists or transients occupying an individually keyed unit that is inaccessible to all others at the time of rental.
75. (76) “Restrict” means to limit the activities of an employee to minimize the risk of transmitting a communicable disease and ensuring that the employee does not work with exposed food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles.
76. (77) “Retail food establishment” has the meaning given in s. ATCP 75.04 (33).
77. (78) “Riser” means the vertical surface of a stair to include the vertical surface from the ground or landing to the adjacent tread.
78. (79) “Room” as it relates to a hotel, as defined in sub. (44), means an individually keyed unit, as defined in sub. (47), and may include one or more sleeping room and one or more toilet room.
79. (80) “Rooming house” means a one- or 2-family dwelling that offers overnight sleeping accommodation to an individual that is not a tourist or transient.
80. (81) “Sanitize” means to apply cumulative heat or chemicals on a cleaned food−contact surface that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999 percent reduction, of representative disease microorganisms of public health importance.
81. (82) “Sealed combustion appliance” means a fuel-burning appliance with a pipe used to supply outdoor air to the appliance for the combustion process and a second pipe used to return exhaust products to the outdoors.
82. (83) “Single-service articles” has the meaning given in ch. ATCP 75 Appendix 1-201.10 (B).
83. (84) “Sleeping accommodations offered for pay” means all sleeping rooms on the premises offered for pay to a tourist or transient, excluding areas occupied by a tenant for 60 or more consecutive days or by the operator, owner or their immediate family.
84. (85) “Sleeping area” means any area of an individually keyed unit in which a sleeping room is located. Sleeping rooms separated by another area such as a kitchen or living room are considered separate sleeping areas but sleeping rooms only separated by a bathroom are not considered separate sleeping areas.
85. (86) “Sleeping room” means a room where a bed is located.
86. (87) “Smoke alarm” means an electronic or battery-operated device or system that sounds an alarm when particles or products of combustion, other than heat, are detected. Smoke alarms conform to Underwriters Laboratories standard 217 Smoke Alarms.
87. (88) “Smoke detector” means an electronic device or sensor that monitors for smoke and is connected to a whole building fire alarm and detection system. Smoke detectors conform to Underwriters Laboratories standard 268 Smoke Detectors for Fire Alarm Systems.

88. (89) “Specialty lodging” or “SL” means a type of tourist rooming house with greater than 400 square feet in area but less than 1,500 square feet, typically located in rural or natural settings, and provides an unconventional lodging experience with no liquid or water-carried waste plumbing fixtures.

    Note: Yurts, eco-lodges, and primitive cabins are some examples of specialty lodging.

89. (90) “Stair or stairway” means one or more risers that form a continuous passage from one elevation to another.

90. (91) “Supervisory signal” means a fire alarm control unit condition indicating there is an issue with a system, process, or equipment that is monitored by the fire alarm control unit.

    Note: Common causes of supervisory signals include sprinkler system issues, suppression system problems, water flow alarms, low battery voltage, fire pumps, or system malfunctions.

91. (92) “Temperature measuring device” has the meaning given in ch. ATCP 75 Appendix 1-201.10 (B).
92. (93) “Time/temperature control for safety food” or “TCS” has the meaning given in ch. ATCP 75 Appendix 1-201.10 (B).

93. (94) “Tourist or transient” means a person who travels to a location away from their permanent address for vacation, pleasure, recreation, culture, business, or employment. “Tourist or transient” does not include a person occupying a dwelling pursuant to ch. ATCP 134.

    Note: ATCP 134.02 (14) “Tourist or transient occupants” means tourists or other persons who occupy a dwelling unit for less than 60 days while traveling away from their permanent place of residence.

94. (95)

    1. (ag) “Tourist rooming house” or “TRH” means any lodging place where sleeping accommodations are offered for pay to tourists or transients.

    2. (ar) “Tourist rooming house” includes:

       1. 1. A lodging place with 4 or fewer individually keyed units.
       2. 2. A one- or 2-family dwelling or condominium unit where the entire residence is rented to a tourist or transient, family or rental group.
       3. 3. A tourist cabin or cottage.

       4. 4. A specialty lodging facility.

          Note: A short-term rental and vacation home rental are examples of a tourist rooming house.

    3. (b) “Tourist rooming house” does not include:

       1. 1. A hotel or motel.
       2. 2. A bed and breakfast establishment regulated under ch. ATCP 73.
       3. 3. A private boarding or rooming house.

95. (96) “Trouble signal” means a fire alarm control unit condition indicating there is an issue or fault with the fire alarm system.

    Note: Common causes of a trouble signal include power issues, communication errors, faulty wiring, faulty devices, tampering or vandalism, system programming errors, or components nearing end-of-life.

96. (97) “Utensil” has the meaning given in ch. ATCP 75 Appendix 1-201.10 (B).
97. (98) “Waterborne disease outbreak” means 2 or more people that experience a similar illness after exposure, ingestion or inhalation of water that epidemiologic evidence implicates as the probable source of the illness or meets other exposure criteria for that specific disease.
98. (99) “Water distribution system” has the meaning given in s. SPS 381.01 (280).
99. (100) “Water management program” means the risk management plan for the prevention and control of legionellosis associated with building water systems, including documentation of the plan’s implementation and operation.
100. (101) “Water service” has the meaning given in s. SPS 381.01 (282).
101. (102) “Water service disruption” means a planned or unplanned event that reduces the water delivery pressure below 20 pounds per square inch, including any of the following new construction tie-ins; replacement of valves, hydrants, or meters; pumping failures; pipeline breaks; and other system repairs or emergency conditions.
102. (103) “Water system” has the meaning given in s. NR 812.07 (118).
103. (104) “Water-use end point” means the point at which water exits from all potable and nonpotable building water systems, fixtures, and equipment.

History

History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26; (52) and (53) renumbered to (52) and (95) (intro.) and (a) renumbered to (95) (ag) and (ar) under s. 13.92 (4) (b) 1., Stats., and correction in (4) (a), (b), (9), (36), (52) (a), (b) (intro.), 1., (57), (60), (65), (66) (a), (67) (a), (79), (80), (82), (83), (92) to (94), (95) (ar) (intro.), (b) (intro.), (97) made under s. 35.17, Stats., Register October 2025 No. 838.