Chapter DHS 124

DHS 124.09(6)(b) (b) Communicate these policies to the local emergency medical services system to ensure appropriate routing of emergency cases by emergency medical services practitioners.

DHS 124.09(6)(c) (c) Establish written policies regarding patient transfers to other medical facilities. The policies shall address transfers by ambulance and, if the freestanding emergency department determines it is appropriate for that location, by helicopter.

DHS 124.09 History History: Cr. Register, January, 1988, No. 385, eff. 2-1-88; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in (1), (2) (c), (3) (a), (4) (b) (intro.), 2., 3. made under s. 35.17, Stats., Register June 2020 No. 774; CR 23-046: am. (6) (b) Register April 2024 No. 820, eff. 5-1-24.

subch. V of ch. DHS 124 Subchapter V — Physical Environment

DHS 124.275 DHS 124.275 Definitions. In this subchapter:

DHS 124.275(1) (1) “Alteration” has the meaning provided in the International Building Code Sec. 202 as adopted in s. SPS 361.05.

DHS 124.275(2) (2) “Existing construction” means a building which is in place or is being constructed with plans approved by the department prior to the effective date of this chapter.

DHS 124.275(3) (3) “Life Safety Code” means the National Fire Protection Association’s (NFPA) Standard 101.

DHS 124.275(4) (4) “New construction” means construction for the first time of any building or addition to an existing building, the plans for which are approved on or after July 1, 2020.

DHS 124.275(5) (5) “Owner” has the meaning provided in s. 101.01 (10), Stats.

DHS 124.275 Note Note: The International Building Code is located at www.iccsafe.org.

DHS 124.275 Note Note: Copies of the Life Safety Code and related codes can be obtained from the National Fire Protection Association, 1 Batterymarch Park, Quincy, Massachusetts, USA 02169-7471.

DHS 124.275 History History: CR 19-135: renum. (intro.), (1), (2), (5) from DHS 124.29 (1) (intro.), (a) to (c), renum. (3), (4) from DHS 124.30 (1) (a), (b) under s. 13.92 (4) (b) 1., Stats, Register June 2020 No. 774; correction in (4) made under s. 13.92 (4) (b) 14., Stats., and correction in (5) made under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774.

DHS 124.29 DHS 124.29 Plans for new construction and alterations.

DHS 124.29(2) (2) Signing and sealing. Construction documents submitted to the department for review shall be prepared, signed and sealed in accordance with ch. 443, Stats., and s. A-E 2.02.

DHS 124.29(3) (3) Contents and information.

DHS 124.29(3)(a) (a) Construction documents submitted to the department for review shall be dimensioned and drawn to scale. The scale used for the construction documents shall be indicated on the documents. An application form shall be included with the construction documents and information submitted to the department for examination and approval.

DHS 124.29(3)(b) (b) Submittal to the department is as follows:

DHS 124.29(3)(b)1. 1. Except as provided in subd. 2., at least 4 sets of construction documents shall be submitted to the department for review.

DHS 124.29(3)(b)2. 2.

DHS 124.29(3)(b)2.a. a. At least one set of construction specifications shall be submitted to the department for review.

DHS 124.29(3)(b)2.b. b. One complete set of plans may be submitted, provided it is accompanied with 3 copies of the cover sheet for the complete set, and provided all 4 cover sheets comply with sub. (2).

DHS 124.29(3)(c) (c) Fees, as provided in s. DHS 124.31, shall be remitted to the department at the time the plans are submitted. No plan examinations, approvals, or onsite reviews shall be made until fees are received.

DHS 124.29(4) (4) Plan approval.

DHS 124.29(4)(a) (a) The department shall review and make a determination under s. DHS 124.30 (3) on an application for plan review under this chapter within 30 business days upon submission of the application.

DHS 124.29(4)(b) (b) An application for plan approval will not be granted if, upon examination, the department determines that the construction documents or application for approval require additional information.

DHS 124.29(4)(c) (c) If, upon examination, the department determines that the construction documents substantially comply with s. DHS 124.30 (3), a conditional approval, in writing, shall be granted. The owner, before and during construction, shall comply with all conditions as stated in the construction approval.

DHS 124.29(4)(d) (d) If, upon examination, the department determines that the construction documents do not substantially comply with this chapter, the application for conditional approval shall be denied, in writing.

DHS 124.29(5) (5) Expiration of approval.

DHS 124.29(5)(a) (a) Building shell. Plan approval by the department for new buildings and building additions shall expire 2 years after the approval date indicated on the approved building plans if the building shell is not closed-in within those 2 years.

DHS 124.29(5)(b) (b) Occupancy. Plan approval by the department for new buildings and building additions shall expire 3 years after the approval date indicated on the approved building plans if the building is not ready for occupancy within those 3 years.

DHS 124.29(5)(c) (c) Alterations. Plan approval by the department for interior building alterations shall expire one year after the approval date indicated on the approved building plans if the alteration work is not completed within that year.

DHS 124.29(5)(d) (d) HVAC construction only. Plan approval by the department for heating, ventilating, or air conditioning construction that does not include any associated building construction shall expire 1 year after the approval date indicated on the approved plans if the building or building area affected by the plans is not ready for occupancy within that year.

DHS 124.29(5)(e) (e) Fire protection systems only. Plan approval by the department for a fire protection system that does not include any associated building construction shall expire 2 years after the approval date indicated on the approved plans if the building or building area affected by the plans is not ready for occupancy within those 2 years.

DHS 124.29(6) (6) Extension of plan approval. Upon request and payment of the fee specified in s. DHS 124.31 (4) (e), the expiration dates in sub. (5) (a) to (e) may be extended, provided the request is submitted prior to expiration of the original approval.

DHS 124.29(7) (7) Changes to approved final plans. Any changes in the approved final plans affecting the application of the requirements of this subchapter shall be shown on the approved final plans and shall be submitted to the department for approval before construction is undertaken. The department shall notify the hospital in writing of any conflict with this subchapter found in its review of modified plans and specifications.

DHS 124.29(8) (8) Permission to start construction.

DHS 124.29(8)(a) (a) A building owner may request and the department may grant permission to start construction for the footings and foundations upon submission of construction documents under this section.

DHS 124.29(8)(b) (b) The department shall review and make a determination on an application for permission to start construction of the footings and foundations within 3 business days of receipt of the application and all forms, fees, construction documents and information required to complete the review.

DHS 124.29(8)(c) (c) A building owner who has been granted permission to start construction of the footings and foundations may proceed at the owner’s own risk without assurance that a conditional approval for the building will be granted.

DHS 124.29(9) (9) Onsite reviews. At the request of the owner, the department shall conduct onsite reviews during the construction phase of the project including but not limited to framing reviews, above ceiling reviews, and finish reviews.

DHS 124.29 History History: Emerg. renum. from DHS 124.27 (5), eff. 7-1-96; renum. from DHS 124.27 (5), Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in (3) (b) 1., (5) (d), (6) made under s. 35.17, Stats., Register June 2020 No. 774; renum. (1) to DHS 124.275 (intro.), (1), (2), (5) under s. 13.92 (4) (b) 1., Stats., and correction in (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2020 No. 774.

DHS 124.30 DHS 124.30 Standards.

DHS 124.30(2) (2) Plan review. Before the start of any new construction or alteration project for a hospital, the plans for the construction or alteration shall be submitted to the department, pursuant to s. DHS 124.29, for review and approval by the department.

DHS 124.30(3) (3) Department review. The department shall review new construction and alteration plans for compliance with all of the following:

DHS 124.30(3)(a) (a) This chapter.

DHS 124.30(3)(b) (b) Chapters SPS 361 to 366, except s. SPS 361.31 (3). Where chs. SPS 361 to 366 refer to the department of safety and professional services, those rules shall be deemed for purposes of review under this chapter to refer to the department of health services.

DHS 124.30(3)(c) (c) The provisions of the Life Safety Code adopted by the Conditions of Participation per s. 50.36, Stats.

DHS 124.30 History History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-97; corrections in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, January, 1999, No. 517; corrections in (1) made under s. 13.93 (2m) (b) 6. and 7. Stats., Register September 2003 No. 573; correction in (1) made under s. 13.92 (4) (b) 6., Stats., Register January 2009 No. 637; correction in (1) made under s. 13.92 (4) (b) 6., 7., Stats., Register January 2012 No. 673.; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; renum. (1) (a), (b) to DHS 124.275 (3), (4) under s. 13.92 (4) (b) 7., Stats., and r. (1) (intro.) under s. 35.17, Stats., Register June 2020 No. 774.

DHS 124.31 DHS 124.31 Fees for plan reviews.

DHS 124.31(1) (1) General. The fees established in this section shall be paid to the department for providing plan review services under this subchapter. The department may withhold providing services to parties who have past due accounts with the department for plan review services. Except as provided under sub. (4) (b), the fee for review of plans shall be based on the total gross floor area of s. SPS Table 302.31-1 and on the dollar value of the project to the table under sub. (3).

DHS 124.31(2) (2) Definition. In this section, “miscellaneous plans” means plans that have no building or heating, ventilation and air conditioning plan submissions, including all of the following:

DHS 124.31(2)(a) (a) Footing and foundation plans submitted prior to the submission of the building plans.

DHS 124.31(2)(b) (b) Structural plans submitted as independent projects, such as docks or antennae.

DHS 124.31(2)(c) (c) Plans for any other building component.

DHS 124.31(3) (3) Fee table. Fee part based on project dollar value.

- See PDF for table

DHS 124.31(4) (4) Other fees.

DHS 124.31(4)(a) (a) Fee for plan entry. Each submission of plans for the project shall be accompanied by a $100 plan entry fee. When plans for multiple projects are submitted together, each project shall constitute a separate submission and requires a $100 plan entry fee.

DHS 124.31(4)(b) (b) Fee for miscellaneous plans. The fee for a miscellaneous plan shall be $250. This fee is for plan review and onsite review.

DHS 124.31(4)(c) (c) Fee for permission to start construction. The fee for permission to start construction shall be $75. This fee shall apply only to applicants proposing to start construction prior to approval of their plans by the department.

DHS 124.31(4)(d) (d) Fee for plan revision. The fee for revision of previously approved plans shall be $75. This paragraph applies when plans are revised for reasons other than those that were requested by the department. The department may not charge a fee for revisions requested by the department as a condition of original plan approval.

DHS 124.31(4)(e) (e) Fee for extension of plan approval. The examination fee for a plan approved for extension beyond the time limit specified in this chapter shall be $120 per plan.

DHS 124.31(4)(f) (f) Fee for petitions for variance. The fee for reviewing commercial building code petitions for variance shall be in accordance with ch. SPS 302. The fee for reviewing a petition on a priority basis shall be in accordance with ch. SPS 302.

DHS 124.31 History History: Emerg. cr. eff. 7-1-96; cr. Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. and recr. Register June 2020 No. 774, eff. 7-1-20; correction in numbering of (2) made under s. 13.92 (4) (b) 1., Stats., and correction in (4) (a) made under s. 35.17, Stats., Register June 2020 No. 774.

DHS 124.32 DHS 124.32 Patient rooms - general.

DHS 124.32(2) (2) Privacy. Visual privacy shall be provided for each patient in multi-bed patient rooms. In new or remodeled construction, cubicle curtains shall be provided.

DHS 124.32(3) (3) Toilet room.

DHS 124.32(3)(a) (a) In new construction, each patient room shall have access to one toilet without entering the general corridor area. One toilet room shall serve no more than 4 beds and no more than 2 patient rooms. A handwashing sink shall be provided either in each patient’s room or in the adjoining toilet room.

DHS 124.32(3)(b) (b) In new and remodeled construction, the door to the patient toilet room shall swing into the patient room, or two-way hardware shall be provided.

DHS 124.32(4) (4) Minimum floor area. The minimum floor area per bed shall be 80 square feet in multiple patient rooms and 100 square feet in single patient rooms. The distance between patient beds in multi-patient rooms shall be at least 3 feet.

DHS 124.32 History History: Emerg. renum. from DHS 124.27 (6), eff. 7-1-96; renum. from DHS 124.27 (6), Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. (1), (3) (c), (5) Register June 2020 No. 774, eff. 7-1-20.

DHS 124.34 DHS 124.34 Patient care areas.

DHS 124.34(3) (3) Utility areas.

DHS 124.34(3)(a) (a) A utility room for clean linen and other clean articles shall be readily accessible to each nursing unit. The room shall contain at least:

DHS 124.34(3)(a)1. 1. Storage facilities for supplies;

DHS 124.34(3)(a)2. 2. A handwashing sink; and

DHS 124.34(3)(a)3. 3. Work counters.

DHS 124.34(3)(b) (b) A utility room for soiled linen and other soiled articles shall be readily accessible to each nursing unit. The room shall include at least:

DHS 124.34(3)(b)1. 1. A clinical sink or equivalent flush rim fixture;

DHS 124.34(3)(b)2. 2. A handwashing sink;

DHS 124.34(3)(b)3. 3. A work counter;

DHS 124.34(3)(b)4. 4. A waste receptacle; and

DHS 124.34(3)(b)5. 5. A linen receptacle.

DHS 124.34(3)(c) (c) Individual patient toilet room bed pan washers are permitted in lieu of the clinical fixture requirement stated in par. (b) 1.

DHS 124.34(8) (8) Patient call system. A reliable call mechanism shall be provided in locations where patients may be left unattended, including patient rooms, toilet and bathing areas and designated high risk treatment areas from which individuals may need to summon assistance.

DHS 124.34 History History: Emerg. renum. from DHS 124.27 (8), eff. 7-1-96; renum. from DHS 124.27 (8), Register, December, 1996, No. 492, eff. 1-1-97; CR 19-135: r. (1), (2), cr. (3) (c), r. (4) to (7) Register June 2020 No. 774, eff. 7-1-20.

DHS 124.35 DHS 124.35 Additional requirements for particular patient care areas; psychiatric units. The requirements for patient rooms under s. DHS 124.34 apply to patient rooms in psychiatric nursing units and psychiatric hospitals except as follows:

DHS 124.35(1) (1) In new construction and remodeling a staff emergency call system shall be included. Call cords from wall-mounted stations of individual patient rooms may be removed when justified by psychiatric program requirements.