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)(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(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)(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(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(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(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)(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(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)(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)(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.
DHS 124.35(2)
(2) Doors to patient rooms and patient toilet room doors may not be lockable from the inside.
DHS 124.35(3)
(3) Patients' clothing and personal items may be stored in a separate designated area which is locked.
DHS 124.35(4)
(4) Moveable hospital beds are not required for ambulatory patients.
DHS 124.35 History
History: Emerg. renum. from DHS 124.27 (9), eff. 7-1-96; renum. from DHS 124.27 (9),
Register, December, 1996, No. 492, eff. 1-1-97;
CR 19-135: r. (1), (3) to (7)
Register June 2020 No. 774, eff. 7-1-20; renum. (2) to DHS 124.35 under s.
13.92 (4) (b) 1., Stats.,
Register June 2020 No. 774.
DHS 124.36
DHS 124.36
Other physical environment; fire report. All incidents of fire in a hospital shall be reported to the department within 72 hours.
DHS 124.36 History
History: Emerg. renum. from DHS 124.27 (10), eff. 7-1-96; renum. from DHS 124.27 (10),
Register, December, 1996, No. 492, eff. 1-1-97l;
CR 19-135: r. (1) to (10)
Register June 2020 No. 774, eff. 7-1-20; renum. (11) to DHS 124.36 under s.
13.92 (4) (b) 7., Stats.,
Register June 2020 No. 774.
DHS 124.37
DHS 124.37
Applicability. This subchapter applies to the department and to all hospitals designated by the department as critical access hospitals.
DHS 124.37 History
History: Emerg. cr., eff. 9-12-98; cr.
Register, January, 1999, No. 517, eff. 2-1-99.
DHS 124.38
DHS 124.38
Definitions. In this subchapter:
DHS 124.38(1)
(1) “Clinical nurse specialist" means a registered nurse who is currently certified as a clinical nurse specialist by a national certifying body that is recognized by the state board of nursing.
DHS 124.38(2)
(2) “Network hospital” means a full-time hospital that has an agreement with a critical access hospital to provide ongoing acute care services for patients transferred or referred from the critical access hospital.
DHS 124.38(3)
(3) “Nurse practitioner" means a registered nurse who is currently certified as a nurse practitioner by a national certifying body that is recognized by the state board of nursing.
DHS 124.38(4)
(4) “Rural health plan" means a plan approved by the federal centers for medicare and medicaid services that describes how the department will implement and administer parts of the federal medicare rural hospital flexibility program — critical access hospitals — under
42 USC 1395i-4.
DHS 124.38(5)
(5) “Rural hospital" means a hospital that was initially approved as a hospital prior to January 1, 2003 and is located in a county that has at least a portion of a rural census tract of a Metropolitan Statistical Area (MSA) as determined under the most recent version of the Goldsmith Modification as provided in
42 CFR 412.103(a)(1).
DHS 124.38 Note
Note: The most recent version of the Goldsmith Modification as determined by the Office of Rural Health Policy (ORHP) of the Health Resources and Services Administration is available via the ORHP website at
http://www.raconline.org/topics/what-is-rural/faqs/#goldsmith or from the U.S. Department of Health and Human Services, Health Resources and Services Administration, Office of Rural Health Policy, 5600 Fishers Lane, Room 9A-55, Rockville, MD 20857.
42 CFR 412.103 of the federal regulations addresses hospitals located in urban areas that want to apply for reclassification as rural hospitals.
DHS 124.38 History
History: Emerg. cr. eff. 9-12-98; cr.
Register, January, 1999, No. 517, eff. 2-1-99; emerg. cr. (5), eff. 3-21-03;
CR 03-042: am. (4), cr. (5)
Register September 2003 No. 573, eff. 10-1-03;
CR 19-135: r. and recr. (2)
Register June 2020 No. 774, eff. 7-1-20.
DHS 124.39
DHS 124.39
Designation as a critical access hospital. DHS 124.39(1)(1)
Eligibility. Except as provided under sub.
(2) (a), to be eligible for designation as a critical access hospital, a hospital shall be all of the following:
DHS 124.39(1)(a)
(a) A hospital approved by the department under this chapter to operate as a hospital.
DHS 124.39(1)(b)
(b) Located in an area outside of a metropolitan statistical area as defined in
42 USC 1395ww(d), or located in a rural area of an urban county.
DHS 124.39(1)(c)
(c) Located more than a 35-mile drive from another hospital or certified by the department under sub.
(2) as a necessary provider of health care services to residents in the area.
DHS 124.39(1)(e)
(e) A hospital that has not been designated by the federal centers for medicare and medicaid services as an urban hospital for purposes of medicare reimbursement.
DHS 124.39(2)
(2) Application for certification as a necessary provider for an area. DHS 124.39(2)(a)1.1. A hospital meeting the criteria under sub.
(1) (a),
(b),
(d) and
(e) may apply to the department for certification as a necessary provider of health care services to residents in its area if it cannot meet the criterion under sub.
(1) (c) that it be located more than a 35-mile drive from another hospital.
DHS 124.39(2)(a)2.
2. A rural hospital meeting the criteria under sub.
(1) (a),
(d) and
(e) may apply to the department for certification as a necessary provider of health care services to residents in its area if the rural hospital cannot meet the criteria under sub.
(1) (b) and
(c).
