1. (1) General.

   1. (a) Wisconsin building code. A lodging facility shall meet the Wisconsin building code pursuant to chs. 101 and 145, Stats., and chs. SPS 301 to 391, as applicable, as enforced by the Wisconsin department of safety and professional services.

   2. (b) Department specific health and safety standards for a lodging facility. A lodging facility shall meet the minimum health and safety standards in subs. (2) to (11).

      Note: Paragraph (b) refers to the minimum health and safety standards that need to be met to operate a lodging facility. Please consult with other local or State government agencies as additional or stricter requirements may apply.

2. (2) Slips, trips and falls. Except as specified under par. (c), a lodging facility shall meet all of the following:

   1. (a) Handrails.

      1. 1. At least one handrail shall be provided for a flight of stairs with more than 3 risers. _Pf
      2. 2. The height of the handrail shall be between 30 to 38 inches measured vertically from the nose of the tread to the top of the handrail. _Pf

   2. (b) Guards.

      1. 1. Guards shall be provided on all open sides of stairs consisting of more than 3 risers. _Pf
      2. 2. All elevated surfaces in interior and exterior areas of a lodging facility shall be provided with guards on all open sides that are elevated more than 30 inches above the floor or grade, including lofts, open sides of landings, platforms, decks, balconies or porches that are attached to the lodging facility. _Pf
      3. 3. The space between guards, and the space formed between the bottom guard and the elevated walking surface, shall be equal to or less than 6 inches. _Pf
      4. 4. The space between open risers on stairways shall be equal to or less than 6 inches. _Pf
      5. 5. If a triangular area is formed by the tread, riser and bottom guard of a stairway then it shall be equal to or less than 8 inches in width. _Pf

      6. 6. Guard height shall meet all of the following:

         1. a. Except as specified in subd. 6. b., equal to or greater than 36 inches on elevated walking surfaces as measured vertically above the adjacent walking surface._Pf
         2. b. On a stairway, may be less than 36 inches as measured vertically from the nose of the stair tread to the underside of a compliant stair handrail under par. (a) 2._Pf
   3. (c) Exemptions. Requirements under pars. (a) and (b), do not apply to window wells, egress wells, retaining walls, or other landscaping features, or walkways or stairs, landings, platforms, decks, balconies or porches that are not attached to the lodging facility.

3. (3) Sleeping rooms.

   1. (a) Ceiling height.

      1. 1. Except as specified under subd. 2., every sleeping room shall have a minimum ceiling height of 7 feet (2.13 m).
      2. 2. In sleeping rooms where a portion of the ceiling height is less than 7 feet, at least 50 percent of the room’s floor area shall have a ceiling height of at least 7 feet, areas with a ceiling height of less than 5 feet are not included in determining the room’s floor area.

   2. (b) Spacing and number of occupants in a sleeping room.

      1. 1. Beds shall be arranged to provide an aisle at least 2 feet in width from one side of each bed to create a clear path for emergency egress. _Pf

      2. 2. The number of occupants per bed shall not exceed the following:

         1. a. No more than one occupant for a mattress width of 50 inches or less. _Pf
         2. b. No more than 2 occupants for a mattress width of more than 50 inches. _Pf
      3. 3. The number of individuals in a sleeping room shall not exceed the requirements established under subd. 2. or the posted occupancy limit established and enforced by a local government agency, whichever is less. _Pf
   3. (c) Bed placement. Bed placement shall afford the occupant with maximum ceiling height clearance for emergency egress. _Pf

   4. (d) Bunk beds. If a bunk bed is provided in a lodging facility, the operator shall ensure all of the following requirements are met:

      1. 1. No more than 2 beds may be stacked vertically. _P
      2. 2. There shall be a vertical separation of at least 2.5 feet measured from the top of the lower mattress to the bottom of the frame of the upper bunk bed. _Pf
      3. 3. A free space of at least 2.5 feet shall be provided above the mattress of the upper bunk bed. _Pf

      4. 4. The upper bunk bed shall be provided with permanently installed guards and shall meet all of the following: _P

         1. a. The top of the guard shall be at least 5 inches above the top of the mattress. _Pf
         2. b. The bottom of the guard shall be no more than 3.5 inches above the top of the upper bunk bed frame. _Pf
      5. 5. Bunk beds shall be located away from potential hazards, including heat sources, ceiling fans, or other ceiling protrusions._Pf

4. (4) Exits from sleeping rooms.

   1. (ag) Applicability. This section only applies to a tourist rooming house.

   2. (ar) A basement or ground floor used for sleeping. A basement or ground floor used for sleeping shall be provided with at least 2 separate exits in accordance with the following requirements: _P

      1. 1. At least one of the exits shall be a door to the exterior of the dwelling or a stairway or ramp that leads to the floor above. _Pf
      2. 2. The second exit shall be a door to the exterior of the dwelling, a stairway or ramp that leads to the floor above, a stairway that leads to a garage provided the garage has an exit door other than the overhead door, or an egress window located in each sleeping room that complies with par. (g). _Pf

   3. (b) Exits from the first floor. First floors shall be provided with at least 2 exit doors in accordance with the following requirements: _P

      1. 1. At least one of the exits shall discharge to grade and may not go through a garage. This exit may include interior or exterior stairs. _Pf
      2. 2. The second exit may discharge into an attached garage provided the garage has an exit door other than the overhead door that discharges to grade. _Pf
      3. 3. Any exit that does not comply with subd. 1. may discharge to an outside balcony that complies with par. (f). _Pf
      4. 4. One of the exit doors required in this paragraph may be omitted for a tourist rooming house that has one or more egress windows on the first floor. If there are first floor sleeping rooms, each must have a window that complies with par. (g). _Pf

   4. (c) Exits from the second floor.

      1. 1. At least 2 exits shall be provided from the second floor. _P

         1. a. At least one of the exits shall be a stairway or ramp and lead to the first floor or discharge to grade. _Pf
         2. b. The second exit may be via a stairway or ramp that discharges to grade, or to a balcony which complies with par. (f), or to a deck that complies with sub. (2) (a) and (b) and that is no more than 15 feet above the grade below. _Pf
      2. 2. Windows that comply with par. (g) may be provided in each second floor sleeping room or in another location on the second floor if there are no sleeping rooms on that floor in lieu of the second exit. _Pf

   5. (d) Exits above the second floor. At least 2 exits shall be provided for sleeping rooms above the second floor in accordance with all of the following: _P

      1. 1. The exits shall be stairways or ramps that lead to the second floor or discharge to grade. _Pf
      2. 2. The exits shall be located such that an exit is accessible to the second floor if another exit is blocked. _Pf

   6. (e) Exits from lofts.

      1. 1. At least one stairway exit shall be provided, to the floor below, for a loft exceeding 400 square feet in area. _P
      2. 2. At least one stairway or ladder exit shall be provided to the floor below for a loft, 400 square feet or less, in area. _P

   7. (f) Balconies. A balcony shall meet all of the following:

      1. 1. Provided with guards in accordance with sub. (2) (b). _Pf
      2. 2. Located no more than 15 feet above grade. _Pf

   8. (g) Windows used for exiting. A window used for exiting shall meet all of the following:

      1. 1. The window shall be openable from the inside without the use of tools or the removal of a sash. If equipped with a storm window or screen, it shall be openable from the inside. _Pf
      2. 2. The size of the window opening shall be at least 20 inches by 24 inches irrespective of the height or width of the window itself. _P
      3. 3. No portion of the window, including stops, stools, meeting rails and operator arms, shall infringe on the required opening. _Pf
      4. 4. For any window used for exiting, the lowest point of opening shall be no more than 60 inches above the floor. _Pf
      5. 5. If the lowest point of opening is more than 46 inches above the floor, a permanent platform or fixture shall be installed such that a flat surface at least 20 inches wide and 9 inches deep is located no more than 46 inches directly below the clear opening. _Pf
      6. 6. An egress window under a deck or porch shall discharge through a clear path of at least 36 inches in height and 36 inches in width, and no more than 15 feet in length, to a yard or open space. _Pf

5. (5) Door locks.

   1. (a) General. Except as specified in par.(b), doors to all individually keyed units shall be provided with a key or other electronic locking mechanism from the outside and a non−key locking mechanism from the inside. _P
   2. (b) Sliding exterior door. A sliding exterior door is not required to be provided with a key or other electronic locking mechanism from the outside but shall be provided with a non−key locking mechanism from the inside.

6. (6) Building evacuation diagram.

   1. (a) Hotel, motel and condominium. Except for an individually keyed unit that exits immediately to grade, an individually keyed unit in a hotel, motel, or condominium shall be provided with a building evacuation diagram and meet all of the following:

      1. 1. Be conspicuously posted. _Pf
      2. 2. Indicate the viewer’s location. _Pf
      3. 3. Indicate a minimum of 2 evacuation routes to emergency exit doors. _Pf

   2. (b) Tourist rooming house. A tourist rooming house shall be provided with a building evacuation diagram and meet all of the following:

      1. 1. Be conspicuously posted in each sleeping room or provided in the check-in materials given to the guest. _Pf
      2. 2. Indicate a minimum of 2 evacuation routes that lead to the exterior pursuant to sub. (4). _Pf

7. (7) Emergency egress.

   1. (a) Emergency lights. If provided, all emergency lights located in designated stairwells, aisles, corridors, and passageways leading to an exit shall be operational and maintained in good repair. _Pf

   2. (b) Exit signs. If provided, all exit signs shall be:

      1. 1. Illuminated and visible from any direction of exit access. _Pf
      2. 2. Maintained in good repair. _Pf
      3. 3. Provided with a directional indicator showing the direction of travel when the nearest exit is not apparent. _Pf
      4. 4. Displayed to read “EXIT.” _Pf

   3. (c) Emergency exit doors. Emergency exit doors shall:

      1. 1. Not be blocked to prevent use. _P
      2. 2. Be provided with a knob, panic bar, or other simple type of releasing device having a method of operation that is obvious under all lighting conditions. _Pf
      3. 3. Open in the direction of egress. _Pf
8. (8) Emergency assistance. Pursuant to s. 97.623 (2), Stats., a hotel shall offer to every guest, at the time of registration an opportunity to identify oneself as a person needing assistance in an emergency and shall keep a record at the registration desk of where each person so identified is lodged. _Pf

9. (9) Fire prevention.

   1. (a) Fire alarm and detection systems. If provided, the operator shall maintain the fire alarm system and shall meet all of the following:

      1. 1. The fire alarm system shall be operational at all times that the building is occupied. _P
      2. 2. The operator shall immediately notify the fire alarm system service company or other qualified personnel per national fire protection association 72 National Fire Alarm and Signaling Code, in response to any illuminated indicator for alarm, trouble or supervisory signals on the fire alarm control panel. _Pf
      3. 3. The operator shall maintain documentation that verifies the fire alarm system, to include any smoke detectors and carbon monoxide detectors, has been inspected and tested annually by a fire alarm system service company or other qualified personnel per national fire protection association 72 National Fire Alarm and Signaling Code. _Pf

      4. 4. Documentation required in subd. 3. shall be provided to the department or its agent upon request. _Pf

         Note: Documentation can include the fire alarm and emergency communication system inspection and testing form provided by the fire alarm system service company, other qualified personnel per national fire protection association 72 National Fire Alarm and Signaling Code, or the fire inspection report provided by the local fire department.

   2. (b) Fire Extinguishers.

      1. 1. In a tourist rooming house that is a one- or 2-family dwelling, cabin, cottage or specialty lodging unit, fire extinguishers, if provided, must be located in a readily accessible conspicuous area, and the extinguisher must be maintained according to the manufacturer’s instructions.

         Note: A fire extinguisher may need to comply with local fire code occupancy requirements; the local fire prevention authorities may require annual maintenance examinations. Contact the local fire department or fire marshal’s office for requirements.

      2. 2. In a motel, hotel or condominium fire extinguishers shall be:

         1. a. Labeled to identify the class type of extinguisher. _Pf
         2. b. Provided with label instructions on the use of the extinguisher. _Pf
         3. c. Provided with a tag to identify last date of service. _Pf
         4. d. Serviced or tested every 12 months. _Pf
         5. e. Provided with a pressure gauge, except for carbon dioxide fire extinguishers. _Pf
         6. f. Maintained in working order and proper pressure. _Pf

   3. (c) Fire rated doors. If provided, fire rated doors shall be:

      1. 1. Labeled with a visible fire rating.
      2. 2. Self-closing.
      3. 3. Closed unless interconnected with fire alarm system. _Pf

10. (10) Ventilation.

    1. (a) Discharge of combustion pollutants.

       1. 1. Fuel-burning appliances shall vent outdoors in accordance with the manufacturer’s installation specifications. _P
       2. 2. The piping used for ventilation shall be maintained in good repair. _P

    2. (b) Unvented fuel-burning appliances. 1. Except as provided under subd. 2., the use of unvented fuel-burning appliances, furnaces, and space heaters shall be prohibited. _P

       1. 2. A fuel-burning range or oven is not required to vent to the outdoors unless specified by the manufacturer’s installation specifications.

11. (11) Smoke alarms.

    1. (a) Smoke alarms required. The operator shall provide smoke alarms within each individually keyed unit at the locations specified in par. (b). _P

    2. (b) Locations. A functional smoke alarm shall be located:

       1. 1. On each floor level to include a basement or ground floor and at the top of any stairway but excluding crawl spaces and unfinished attics. _Pf
       2. 2. Outside of each separate sleeping area, within 21 feet of any door to a sleeping room, with the distance measured along a path of travel. _Pf
       3. 3. Within each sleeping room. _Pf

    3. (c) Certification. Smoke alarms shall conform to Underwriters Laboratories, Inc. standard 217 smoke alarms and bear the UL listing mark or a similar mark from an independent product safety certification organization.

       Note: The UL listing mark typically consists of 4 elements: UL in a circle symbol, the word “Listed”, product name, and control number. _P

    4. (d) Manufacturer directions and specifications. The operator shall install every smoke alarm required by this subsection according to the directions and specifications of the manufacturer of the smoke alarm. _Pf
    5. (e) Maintenance requirements. A smoke alarm shall be maintained in working order and replaced in accordance with the manufacturer’s date of expiration. When notified by the department or its agent of a non-functional or expired smoke alarm, the operator shall notify the department or its agent within 5 calendar days that a smoke alarm has been repaired or replaced. _P

12. (12) Carbon monoxide alarms.

    1. (a) Carbon monoxide alarms required. Except as provided in par. (i), the operator shall provide carbon monoxide alarms as required under pars. (b) to (d). _P
    2. (b) Fuel-burning appliances within an individually keyed unit. A carbon monoxide alarm shall be provided in the locations as specified under par. (e), in each individually keyed unit that contains a fuel-burning appliance. _P

    3. (c) Fuel-burning appliances outside of an individually keyed unit. A carbon monoxide alarm shall be provided in the locations as specified under par. (e), in a lodging facility that contains a fuel-burning appliance, except as follows:

       1. 1. A carbon monoxide alarm is not required in each individually keyed unit where there is not a communicating opening between the fuel-burning appliance and the individually keyed unit._P

       2. 2. A carbon monoxide alarm is not required in each individually keyed unit where a carbon monoxide alarm is provided in one of the following locations:

          1. a. Between the fuel-burning appliance and the individually keyed unit. _P
          2. b. On the ceiling of the room containing the fuel-burning appliance. _P

    4. (d) Private garages. A carbon monoxide alarm shall be provided in the locations as specified under par. (e), for each individually keyed unit with an attached private garage, except as follows:

       1. 1. A carbon monoxide alarm is not required in each individually keyed unit where there is not a communicating opening between the private garage and the individually keyed unit. _P
       2. 2. A carbon monoxide alarm is not required in each individually keyed unit located more than one story above or below the private garage. _P
       3. 3. A carbon monoxide alarm is not required where the private garage connects to the building through an open-ended corridor. _P
       4. 4. A carbon monoxide alarm is not required in each individually keyed unit when a carbon monoxide alarm is provided between the opening to the private garage and an individually keyed unit. _P
       5. 5. A carbon monoxide alarm is not required where the private garage has an opening designed to provide natural ventilation or is mechanically ventilated. _P

    5. (e) Locations. If required under pars. (b) to (d), a carbon monoxide alarm shall be installed in the following locations:

       1. 1. In an individually keyed unit, outside of each separate sleeping area within 21 feet of any door to a sleeping room, with the distance measured along a path of travel. _Pf
       2. 2. In a sleeping room, if a fuel-burning appliance is located within the sleeping room or its attached bathroom. _Pf

    6. (f) Certification. A carbon monoxide alarm shall conform to Underwriters Laboratories, Inc. standard 2034 single and multiple station carbon monoxide alarms and bear the UL listing mark or a similar mark from an independent product safety certification organization.

       Note: The UL listing mark typically consists of 4 elements: UL in a circle symbol, the word “Listed”, product name, and control number.

    7. (g) Manufacturer directions and specifications. The operator shall install every carbon monoxide alarm required by this subsection according to the directions and specifications of the manufacturer of the carbon monoxide alarm. _Pf
    8. (h) Maintenance requirements. A carbon monoxide alarm shall be maintained in working order and replaced in accordance with the manufacturer’s date of expiration. When notified by the department or its agent of a non-functional or expired carbon monoxide alarm, the operator shall notify the department or its agent within 5 calendar days that a carbon monoxide alarm has been repaired or replaced. _P
    9. (i) Exception. Paragraphs (a) to (h) do not apply to the operator if all of the fuel-burning appliances in the lodging facility are a sealed combustion appliance that is covered by the manufacturer’s warranty against defects.

History

History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26; correction in (1) (a) made under s. 13.92 (4) (b) 7., Stats., correction in (2) (b) 6. a., (c), (4) (b) 3., 4., (5) (a), (12) (i) made under s. 35.17, Stats., renumber (4) (intro.), (a) to (4) (ag), (ar) under s. 13.92 (4) (b) 1., Stats., and create (4) (ag) (title) under s. 13.92 (4) (b) 2., Stats., Register October 2025 No. 838.