1. (1) Refused inspection; process. If a person denies access to the department or its agent, the department or its agent shall inform the person of all the following:

   1. (a) Access. The license holder is required to allow access to the department or its agent as specified pursuant to ss. 93.08 and 97.65 (1), Stats.
   2. (b) License conditions. Access is a condition of the acceptance and retention of a license to operate a lodging facility as specified pursuant to s. ATCP 72.05 (1).
   3. (c) Special inspection warrant. If the lodging facility license holder denies access to an authorized representative of the department or its agent, the department or its agent may apply for a special inspection warrant to allow access pursuant to s. 66.0119, Stats.
2. (2) Reporting of refused access. If the person in charge continues to refuse access after the department or its agent presents credentials, provides the explanation in sub. (1), and makes a final request for access, the department or its agent shall document details of the denial of access on an inspection report form.
3. (3) Frequency of inspection. The department or its agent shall inspect a lodging facility at least once during the licensing period. The agent may propose a different inspection frequency to the department, which may only be implemented if approved by the department in writing.

4. (4) Inspection documentation. The department or its agent shall document all of the following on an inspection report form:

   1. (a) Facility information. Administrative information about the lodging facility’s legal identity, street and mailing addresses, type of establishment and operation, inspection date, and other information such as type of water supply, sewage disposal, and status of the license at the lodging facility.

   2. (b) Violation documentation. The conditions or other violations from this chapter or applicable chapters, including the required corrective action by the license holder. An accompanying narrative shall contain all of the following:

      1. 1. A factual description of the violation observed, including location of the observed violation.
      2. 2. Citation and a brief description of the statute or administrative rule that was observed to be violated.
      3. 3. A statement indicating what corrective action the license holder has taken, or shall take, to regain compliance with the administrative rule or statute.

      4. 4. Unless otherwise indicated on the inspection report, each violation shall have a corrective action deadline. The corrective action deadline shall be based on the following criteria:

         1. a. A violation of a priority item shall be corrected immediately. Depending on the nature of the potential hazard involved and the complexity of the corrective action needed, the department or its agent may agree to or specify additional time for the license holder to correct violations of a priority item. The additional time shall not exceed 3 calendar days after the inspection unless otherwise specified by statute.
         2. b. The license holder has a maximum time of 10 calendar days after the inspection for the license holder to correct violations of a priority foundation item.
         3. c. The license holder shall correct core items by a deadline agreed to or specified by the department or its agent, but no later than 90 calendar days after the inspection. The department or its agent may approve an action plan pursuant to s. ATCP 72.09 (4) if no health hazard will result from allowing an extended schedule for compliance.

5. (5) Issuing a report and obtaining acknowledgment of receipt.

   1. (a) Signature. At the conclusion of the inspection, an authorized representative of the department or its agent shall sign the completed inspection report. Except as provided in par. (b), the department or its agent shall review the inspection findings with the person in charge and obtain a signature on the inspection report from the license holder’s designated person in charge.
   2. (b) Availability. If the license holder’s designated person in charge is not available to sign the completed inspection report, the department or its agent shall document the unavailability of a person in charge in the inspection report.
   3. (c) Receipt. A copy of the inspection report shall be provided to the designated person in charge at the completion of the inspection, emailed or otherwise delivered within 2 business days after completion of the inspection.

6. (6) Refusal to sign inspection report. If the license holder’s designated person in charge or representative refuses to sign the inspection report, the department or its agent shall do all of the following:

   1. (a) Signature is not agreement with findings. Inform the person who declines to sign the inspection report that a written acknowledgment of receipt is not an agreement with findings.
   2. (b) Obligation to correct violations. Inform the person that refusal to sign the inspection report will not affect the license holder’s obligation to correct the violations noted in the inspection report by the deadlines specified.
   3. (c) Documentation. Document the refusal to sign in the inspection report.
7. (7) Posting of inspection reports. The department and its agents shall make inspection report information available to the public on the internet.

History

History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26; correction in (3), (4) (b) (intro.), 4. a. to c. made under s. 35.17, Stats., Register October 2025 No. 838.