Chapter DCF 52

DCF 52.55(4)(c)2. 2. A building that has no more than 8 beds may have a radio-transmitting smoke detection system located in a central area of the building. That system shall trigger an audible alarm heard throughout the building.

DCF 52.55(4)(c)3. 3. A smoke detection system shall be installed in accordance with the manufacturer’s instructions.

DCF 52.55(4)(c)4. 4. An interconnected smoke detection system installed on or after September 1, 2000 shall have a secondary power source.

DCF 52.55(4)(c)5. 5. A center shall have a smoke detector located in at least the following locations in each building housing residents:

DCF 52.55(4)(c)5.a. a. In the basement.

DCF 52.55(4)(c)5.b. b. At the head of every open stairway.

DCF 52.55(4)(c)5.c. c. At the door on each floor level leading to every enclosed stairway.

DCF 52.55(4)(c)5.d. d. In every corridor, spaced in accordance with the manufacturer’s separation specifications.

DCF 52.55(4)(c)5.e. e. In each common use room, including every living room, dining room, family room, lounge and recreation area.

DCF 52.55(4)(c)5.f. f. In each sleeping area of each living unit or within 6 feet from the doorway of each sleeping area.

DCF 52.55(4)(c)6. 6. Smoke detectors shall not be installed in a kitchen.

DCF 52.55(5) (5) Stairway smoke containment. A center shall provide floor-to-floor smoke cut-off through a one hour labeled fire-resistant self-closing door for open interior stairways and for all enclosed interior stairways at each floor level to provide floor to floor smoke separation.

DCF 52.55(6) (6) Heat sensing devices. A center shall have heat-sensing devices in the kitchen and attic.

DCF 52.55 Note Note: It is recommended that a rate-of-rise heat detector be used in an attic rather than a fixed temperature heat detector. Rate-of-rise heat detectors respond to a fire sooner, particularly when it is cold outside. It is recommended that a fixed temperature heat detector be used in the kitchen.

DCF 52.55(7) (7) Sprinkler system inspection. Where a sprinkler system has been installed under s. DCF 52.51 (2), the system shall be inspected and tested in accordance with NFPA Code 25. The center shall keep a copy of the certification of inspection on file.

DCF 52.55(8) (8) Fire safety training. All center staff shall take a technical college course or receive training from someone who has taken a technical college “train the trainer” course on fire safety and evacuation developed for community-based residential facilities regulated under ch. DHS 83. New center staff shall take the training within 6 months after beginning work at the center. All center staff shall be familiar with all of the following:

DCF 52.55(8)(a) (a) Facility fire emergency plans and evacuation procedures.

DCF 52.55(8)(b) (b) Fire extinguisher use.

DCF 52.55(8)(c) (c) Fire prevention techniques.

DCF 52.55(9) (9) Flammables.

DCF 52.55(9)(a) (a) A center shall keep all flammable liquid fuels in separate buildings not attached to buildings housing residents. Flammable liquid fuels shall be inaccessible to residents. Storage and labeling of flammable liquid fuel containers shall meet requirements for portable tank storage in ch. SPS 314. A center shall limit total storage to 10 gallons in each of the separate buildings, except for the contents of the gasoline tanks of motor vehicles.

DCF 52.55(9)(b) (b) Other flammables such as paints, varnishes and turpentine shall be stored in fire-proof cabinets meeting the requirements of chs. SPS 361 to 366. The center shall keep these flammables locked and inaccessible to residents, unless a flammable is used in an activity supervised by staff with experience in using these kinds of flammable liquids.

DCF 52.55(10) (10) Fire extinguishers. A center shall meet all of the following requirements for fire extinguishers:

DCF 52.55(10)(a) (a) Buildings or areas in which flammable liquids are stored, and kitchen areas, shall have a fire extinguisher with a 2A, 40 BC rating.

DCF 52.55(10)(b) (b) Other buildings shall have fire extinguishers with a minimum 2A, 10 BC, rating.

DCF 52.55(10)(c) (c) The number, location, mounting, placement and maintenance of fire extinguishers shall comply with chs. SPS 314 and 361 to 366.

DCF 52.55(10)(d) (d) Each floor used for resident activities shall have at least one fire extinguisher.

DCF 52.55(11) (11) Prohibited heating and cooking devices.

DCF 52.55(11)(a) (a) Center buildings housing residents may not use portable space heaters or any device which has an open flame.

DCF 52.55(11)(b) (b) Bedrooms may not contain cooking devices.

DCF 52.55(12) (12) Isolation of hazards. Centers shall comply with chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances on isolation of hazards within buildings.

DCF 52.55(13) (13) Use of listed equipment. Smoke and heat detectors and sprinkler equipment installed under this section shall be listed by a nationally recognized laboratory that maintains periodic inspection of production of tested equipment. The list shall state that the equipment meets nationally recognized standards or has been tested and found suitable for use in a specified manner.

DCF 52.55 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (12) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; CR 04-040: am. (4) (a) and (12) Register December 2004 No. 588, eff. 1-1-05; correction in (10) (c) made under s. 13.93 (2m) (b) 7., Stats., Register December 2004 No. 588; corrections in (7), (8) (intro.) and (9) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction in (4) (a), (9) (a), (b), (10) (c), (12) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672, eff. 1-1-12.

DCF 52.555 DCF 52.555 Carbon monoxide detector.

DCF 52.555(1) (1) A residential care center in a one-unit or two-unit building shall have a functional carbon monoxide detector installed in the basement and on each floor level, except the attic, garage, or storage area of each unit, in accordance with the requirements of s. 101.647, Stats.

DCF 52.555 Note Note: A one-unit building is a single family residence. A two-unit building is a duplex or two-flat.

DCF 52.555(2) (2) A residential care center in a building with at least 3 units shall have one or more functional carbon monoxide detectors installed in accordance with the requirements of s. 101.149, Stats.

DCF 52.555 History History: EmR1106: emerg. cr., eff. 9-16-11; CR 11-026: cr. Register December 2011 No. 672, eff. 1-1-12.

DCF 52.56 DCF 52.56 General safety and sanitation.

DCF 52.56(1) (1) Private well water supply. Use of a private well for the center’s water supply is subject to approval by the Wisconsin department of natural resources as required by s. DHS 190.05 (2). Testing of water samples shall be done annually by the state laboratory of hygiene or a laboratory approved under ch. ATCP 77. Water samples from an approved well shall be taken between April and October. Water sample tests shall show that the water is safe to drink and does not present a hazard to health. Water sample test results shall be on file and available for review by the department.

DCF 52.56 Note Note: Chapter DHS 190 has been repealed.

DCF 52.56(2) (2) Maintenance.

DCF 52.56(2)(a) (a) A center shall maintain all of its buildings, grounds, equipment and furnishings in a safe, orderly and proper state of repair and operation. Broken, run down, defective or inoperative furnishings and equipment shall be promptly repaired or replaced.

DCF 52.56(2)(b) (b) The center’s heating system shall be maintained in a safe condition as determined through an annual inspection by a certified heating system specialist, installer or contractor. The center shall keep on file copies of annual heating system inspection and service reports.

DCF 52.56(3) (3) Hazardous building materials. Buildings shall be lead-safe if lead-based paint is present, shall have any friable asbestos maintained in good condition and shall be free of urea formaldehyde insulation and any other harmful material which can pose a hazard.

DCF 52.56(4) (4) Floors. The surface condition of all floors in a center shall be safe for resident use.

DCF 52.56(5) (5) Exits.

DCF 52.56(5)(a) (a) Egress requirements. A center shall comply with chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances for number and location of exits, type of exits, exit passageways, and illumination of exits and exit signs.

DCF 52.56(5)(b) (b) Time delayed door locks. Before a center installs time delayed door locks on exits, the center must first request and obtain department of safety and professional services and department approval. Before a center installs time delayed door locks on any interior doors, the center must also request and obtain department of safety and professional services and department approval.

DCF 52.56(6) (6) Walks. Walks shall provide convenient all-weather access to buildings and shall be in a safe condition. Porches, elevated walkways and elevated play areas shall have barriers to prevent falls.

DCF 52.56(7) (7) Rooms below grade. Habitable rooms with floors below grade level shall be in compliance with chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances.

DCF 52.56(8) (8) Occupancy and garage separation. Residential buildings shall be separated from attached garages by a one-hour rated fire wall separation that either abuts a ceiling in the garage that will withstand fire for one hour or extends up to the underside of the garage roof.

DCF 52.56(9) (9) Glass hazards. Areas of a building where the risk is high for residents either to run into windows or where impact on glass presents a risk or hazard shall have screening or safety glass resistant to shattering. Replacement glass in areas exposed to potential hazardous impact shall meet the standards in chs. SPS 361 to 366, the Wisconsin Commercial Building Code and applicable local ordinances.

DCF 52.56(10) (10) Psychiatric screening.

DCF 52.56(10)(a) (a) In this subsection, “psychiatric screening” means heavy mesh wire or translucent nonbreakable material placed over window openings to prevent egress.

DCF 52.56(10)(b) (b) Psychiatric screening may be installed in areas where risk or hazard is greatest and in a way that preserves a reasonable living environment. Psychiatric screening installed in windows shall not hinder air exchange or the passage of light through the window.

DCF 52.56(10)(c) (c) Before installing psychiatric screening, the center shall have department approval and shall obtain local fire department approval.

DCF 52.56(11) (11) Protective measures. The center shall provide screens or guards for all steam radiators, electric fans, electrical heating units and hot surfaces such as pipes. Fire detectors and emergency lights which could be vandalized by residents shall be protected by wire cages or by other acceptable means.

DCF 52.56(12) (12) Emergency power. Buildings housing 20 or more residents shall have emergency power as required in ch. SPS 316.

DCF 52.56(13) (13) Sewage disposal. A center shall use a municipal sewage system if one is available. If use of an independent or private sewage system is necessary, the installation shall comply with ch. NR 110.

DCF 52.56(14) (14) Swimming pools. Any center swimming pool shall comply with chs. SPS 390 and ATCP 76.

DCF 52.56(15) (15) Power tools and equipment. Residents may not be permitted in areas where power tools or equipment are used, except when power tools are part of a supervised educational program or supervised work activity.

DCF 52.56(16) (16) Dangerous materials. Poisons and other harmful substances shall be prominently and distinctly labeled. Poisons and other harmful substances shall be stored under lock and key and made inaccessible to residents. The center shall take special precautions when poisons and other harmful substances are in use to prevent contamination of food or harm to residents.

DCF 52.56(17) (17) Sanitation. A center shall comply with sanitation standards under ch. DHS 190, except that a center having a kitchen serving 10 or fewer residents need not comply with s. DHS 190.09 (5) (d).

DCF 52.56 Note Note: Chapter DHS 190 has been repealed.

DCF 52.56(18) (18) Firearms. No firearms or ammunition may be on the center premises. Residents may not have in their possession personal knives or other implements, devices or substances that may threaten the safety of others.

DCF 52.56(19) (19) Chemical weapons. No chemical weapon such as mace may be kept on the premises of the center.

DCF 52.56(20) (20) Alcoholic beverages and controlled substances. No alcoholic beverages or nonprescribed controlled substance may be consumed or stored on the premises of the center.

DCF 52.56(21) (21) Tobacco products.

DCF 52.56(21)(a) (a) Each center shall have a written policy on staff use of tobacco on the center grounds. Smoking by center staff may only take place outside of licensed center buildings.

DCF 52.56(21)(b) (b) Residents may not possess or use tobacco products.

DCF 52.56(22) (22) Emergency transportation. A center shall have an operable motor vehicle immediately accessible for use in an emergency.

DCF 52.56(23) (23) Tornado preparedness. A center shall have a written plan for response to the threat of tornados. The plan shall be posted at a conspicuous location at the center. The center shall do all of the following:

DCF 52.56(23)(a) (a) Orient new staff and residents upon their arrival to the center’s tornado preparedness plan. Each year the center shall practice implementation of the plan once in the spring and once in the fall.

DCF 52.56(23)(b) (b) Inform all staff members of their duties in the event that a tornado hits.

DCF 52.56(23)(c) (c) Keep a record in writing of the date and time of each tornado practice exercise.

DCF 52.56(24) (24) Recreational pursuits.

DCF 52.56(24)(a) (a) Camping facilities. A residential care center for children and youth that operates or uses camping facilities shall comply with requirements for recreational camps established under ch. ATCP 78, if applicable.

DCF 52.56(24)(b) (b) Adventure-based experiences.

DCF 52.56(24)(b)1. 1. A center providing adventure-based experiences such as a ropes course, rock climbing, wilderness camping and hiking experiences to residents shall ensure that personnel leading and providing training to residents are trained and have experience for the type of adventure-based experience, and that equipment used in the experiences are properly installed, in good condition and in good working order.

DCF 52.56(24)(b)2. 2. Before a resident is permitted to participate in an adventure-based experience, the center shall ensure that the resident’s medical history does not prohibit participation in the type of activity planned. If there is a question about a resident’s ability to participate for medical reasons, the center shall not permit participation without the approval of the resident’s physician and the resident’s parent or guardian.

DCF 52.56(24)(b)3. 3. Staff-to-resident ratios shall be adequate to manage and supervise the experienced-based adventure based upon the number of residents and type of activity.

DCF 52.56 History History: Cr. Register, February, 2000, No. 530, eff. 9-1-00; correction in (7) made under s. 13.93 (2m) (b) 7., Stats., Register, June, 2001, No. 546; CR 04-040: am. (5) (a), (7) and (9) Register December 2004 No. 588, eff. 1-1-05; corrections in (1), (14), (17) and (24) (a) made under s. 13.92 (4) (b) 7., Stats., Register November 2008 No. 635; correction (5) (a), (b), (7), (9), (12), (14) made under s. 13.92 (4) (b) 6., 7., Stats., Register December 2011 No. 672, eff. 1-1-12; EmR1414: emerg. am. (24) (a), eff. 8-1-14; CR 14-054: am. (24) (a) Register April 2015 No. 712, eff. 5-1-15; correction in (14), (24) (a) made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

subch. VII of ch. DCF 52 Subchapter VII — Specialized Programs

DCF 52.57 DCF 52.57 Exceptions and additional requirements for type 2 programs.

DCF 52.57(1) (1) Applicability and authority to operate. A residential care center for children and youth designated by the Wisconsin department of corrections as a type 2 child caring institution may accept type 2 resident admissions only if approved by the department under the center’s license to operate a type 2 program.

DCF 52.57(2) (2) Type 2 program compliance.

DCF 52.57(2)(a) (a) A residential care center for children and youth with a type 2 residential care center program shall comply with this chapter for youth who are admitted with type 2 status, except as otherwise provided under subs. (3) and (4), with type 2 provisions under ch. 938, Stats., and with any type 2-related policies and procedures and administrative rules that may be issued by the Wisconsin department of corrections.

DCF 52.57(2)(b) (b) Violation of any type 2 related policy or procedure or administrative rule referenced in par. (a) constitutes a violation of this chapter.